Penalty Points

Overview

A person may receive penalty points in one of two ways. Most penalty point offences are also fixed charge offences. This means that, when a person is detected committing an alleged penalty point offence, they will receive a Fixed Charge Notice (FCN). The notice gives them the opportunity to pay a specified fixed charge for the offence within 28 days. If they do not do so, they have a further 28 days in which to pay the charge plus 50%. If no payment has been made after 56 days, court proceedings can be initiated.

A person will then receive a summons to court, along with a final option to pay the fixed charge plus 100%, no later than seven days before the due date of the court hearing. If they pay the fixed charge with the first 56 days, court proceedings will not be initiated, and if they take the final option to pay no later than seven days before the court appearance, court proceedings will be discontinued.

In all cases where a person pays a fixed charge for a penalty point offence, the appropriate penalty points to be awarded on payment of a fixed charge for that offence will be endorsed on their driver licence record, held by the Department of Transport.

Where a penalty point is not a fixed charge offence, or where it is a fixed charge offence but no fixed charge is paid within the time permitted, the case will go to court. If the person is convicted, the appropriate penalty points to be awarded on conviction for that offence will be endorsed on their driver licence record, held by the Department of Transport.

Endorsement of Points

The penalty points system provides for endorsement of penalty points on fixed charged penalties and conviction in Court for road traffic offences.  A wide range of offences attract penalty points.  The legislation specifies the number of penalty points recorded on a licence by reason of an offence. Generally, the fixed charge penalty allows for a lower number of penalty points.

The general principle is that the penalty payments for a fixed charge offence are significantly less than on conviction in court. In many cases there is a one penalty point on payment of a penalty notice with three-points on conviction in court. In the case of more serious offences there are three point penalty points for payment on a fixed charge notice and five penalty points for conviction in court.

Where a person makes two or more fixed charge payments in respect of offences charged on the same occasion or is convicted of two or more penalty point offences committed on the same occasion the penalty points for one of the offences only are endorsed. They should generally be the larger number of points.

There are provisions to notify payment of penalty notice payments and convictions to the Minister/Department for recording on the licence. If a person cannot be identified at the time but is  later identified there is provision for the later recording of the points.

Procedure

Notice of the endorsement of penalty points is to be given to the licence holder who is to return the licence to the licensing authority within 14 days for endorsement. The failure to do so is an offence. Notice of endorsement is to be given.

Penalty points generally apply 28 days after notice is given. If they do not do so, they have a further 28 days in which to pay the charge plus 50%. If no payment has been made after 56 days, court proceedings can be initiated. Exceptionally the period may be extended where there is an appeal and consent is given to extend time.

Points remain for a period of three years.  A person with more than 12 penalty points is disqualified. Where 12 points are reached or exceeded an automatic six month disqualification from holding a driving licence apply.

Penalty points remain in effect a period of three years.  Notification of persons affected by endorsement of penalty points is provided for.  Where disqualification applies the licence holder must return the licence within 14 days.  Failure to do so is an offence.

Disqualification

The disqualification may require a Court hearing. Disqualifications for accumulating penalty points take effect automatically without the need for a Court order.

A learner or novice driver whose penalty points exceed seven is disqualified. The general principle is that points remain on the licence for three years and, at the end of the period, are removed.

Disqualification is for a six-month period and the licence is suspended accordingly. At the end of disqualification, the points are removed, and notice is to be given to the driver concerned accordingly.

Where penalty points would apply, or a consequential ancillary or special disqualification is imposed on a  person does not hold a driving licence the six months suspension operates separately and in addition.

Penalty Point Offences

The range of offences covered by penalty points is wide.  They include such matters as driving without licences, certificate, tax, failure to stop when requested, driving without reasonable consideration. The more serious offences of careless driving and dangerous driving carry five points on conviction in Court, and there is no provision for a fixed charge penalty.

A wide range of offences in relation to the construction equipment and use of vehicles carries penalty points on payment of a fixed fine notice or conviction.  This includes such matters as

• worn tyres
• excessive vehicle lengths, widths or loads,
• deficient wipers, mirrors, inadequate brakes, no safety belts,
• no crash home for motorcyclist, no safety belts for rear seat, no child restraint,
• use of mobile phone when driving,
• inadequate lights,
• improperly equipped trailer,
• failure to yield to traffic,
• failure to drive on the left,
• dangerous overtaking,
• breach of requirements at junctions,
• breach of reversing requirements,
• driving on footway motorcycle,
• failure to comply with Garda signal,
• failure to stop a vehicle at line, failure to yield right of way,
• failure to comply with signs,
• crossing of white line
• certain speeding offences.

2016 Act

The 2016 Act makes two changes to penalty points. It creates a new penalty point offence of using a trailer or semi-trailer with a maximum permissible weight of 3,500kg without a licence. The offence will carry two penalty points on payment of a fixed charge and four penalty points on conviction in court.

The Act amends the points for the offence of using a vehicle without a certificate of roadworthiness. This incurs five points on conviction in court but is not a fixed charge offence. It is intended to make it a fixed charge offence, and therefore the penalty points are amended by providing that, when it becomes a fixed charge offence, there will be three points for the offence on payment of a fixed charge.

The 2016 Act amends the fixed charge regime. Certain offences under the Road Traffic Acts and some other Acts may be declared by the Minister to be fixed charge offences.

2024 Act Background

When the penalty points system was introduced in 2002, it was decided to bring in special measures to address situations where a person might commit more than one penalty point offence on the same occasion. The 2002 Act provides that a person who pays more than one fixed charge for alleged1 penalty point offences committed on the same occasion, or is convicted of more than one penalty point offence committed on the same occasion, or has a mix of payment of fixed charges and convictions arising from the same occasion, they will receive only one set of penalty points. The one set received will be the highest or joint highest set of points concerned.

The 2024 Act amends these measures. The purpose of penalty points, as was outlined by the then Minister during the debate on the passage of the 2002 Act, is not to disqualify people but to deter inherently dangerous driver behaviours. Allowing people who have committed more than one offence on the same occasion to receive only one set of points was seen, from a policy perspective, to be a diminution of the deterrent effect of the system.

Offences on the Same Occasion

The 2024 Act  therefore makes the following changes–

• Where a person pays two fixed charge notices for alleged penalty points committed on the same occasion, they will receive the two sets of penalty points;
• Where a person pays three or more fixed charges for alleged penalty point offences committed on the same occasion, they will receive two sets of penalty points, being the largest two;
• Where a person is convicted of penalty point offences committed on the same occasion, they will receive all of the associated penalty points, whether or not they also paid fixed charges for other offences committed on the same occasion;

Provision is made to ensure that any cases relating to offences or alleged offences committed before the date of coming into effect of the new measures will continue to be dealt with under the old rules.

The specific provisions in the 2024 Act  give effect to these measures as follows–

A person convicted of multiple penalty point offences committed on the same occasion will receive all of the associated points, whether or not they may also have paid fixed charges in respective of penalty points alleged to have been committed on those same occasions.

The term ‘alleged’ is used in relation to offence for which a fixed charge is paid, as an offence remains alleged unless and until a person is convicted.

Persons paying fixed charges for three or more alleged penalty point offences committed on the same occasion will receive two sets of penalty points. Note that the law does not need to specify that a person paying two fixed charges arising out of the same occasion will receive both sets of points, as this will follow automatically.

In  cases where a person has paid three or more fixed charges in relation to alleged penalty points committed on the occasion, the two sets of points to be endorsed with be the largest two.

There are transitional provisions from the old to the new regime. Its effect is that any cases which involve multiple penalty point offences or alleged offences committed on the same occasion, where that occasion was before the coming into effect of the new measures, will be treated under the old measures.