Road Traffic Act 2002

Endorsement of penalty points.

2

2.F4 [ (1) Where a person makes a payment under section 103 (inserted by section 11) of the Principal Act or under section 37 or 44 of the Road Traffic Act 2010 in respect of an alleged penalty point offence (other than such an offence specified at reference number 2A, 3, 8, 9, 10, 12, 14 or 19 in column (2) of Part 1 of the First Schedule), the number of penalty points specified in column (4) of that Schedule opposite the mention of the offence in the said column (2), standing so specified on the day of the commission of the alleged offence, shall, subject to and in accordance with the provisions of this Act, be endorsed on the entry relating to the person in respect of the alleged offence. ]

(2) Where a person is convicted of a penalty point offence, the number of penalty points specified in column (5) of the First Schedule opposite the mention of the offence in column (2) of that Schedule F5 [ , standing so specified on the day of the commission of the alleged offence, ] shall, subject to and in accordance with the provisions of this Act, be endorsed on the entry relating to the person in respect of the offence.

(3) ( a)  Where a person, whether on the same occasion or not—

(i) makes 2 or more payments referred to in subsection (1) in respect of alleged penalty point offences committed on the same occasion, or

(ii) is convicted of 2 or more penalty point offences committed on the same occasion,

penalty points in respect of one only of the alleged offences or offences, determined, where appropriate, in accordance with subsection (4), shall be endorsed on the entry relating to the person.

( b)  Where a person, whether on the same occasion or not, makes one or more payments referred to in subsection (1) and is convicted of one or more penalty point offences and the alleged penalty point offences concerned and the penalty point offences were committed on the same occasion, penalty points in respect only of any one of the alleged offences and offences, determined in accordance with subsection (4), shall be endorsed on the entry relating to the person.

(4) In a case referred to in subsection (3)

( a) if the number of penalty points falling (but for that subsection) to be endorsed on the entry concerned in respect of one of the alleged offences, or offences, concerned differs from that or those in respect of the other or others, the number which is the bigger or biggest shall, subject to paragraph (b), be endorsed on the entry, and

( b) if 2 or more of the numbers aforesaid are bigger than the other or others, or are the biggest of the numbers, and are equal, one only of them shall be so endorsed.

(5) Upon the making of a payment referred to in subsection (1) to a member of the Garda Síochána F6 [ or a person appointed under section 103 of the Principal Act ], the Commissioner F6 [ or a person appointed under section 103 of the Principal Act ] shall, as soon as may be after the payment, cause the Minister to be notified of the payment and, thereupon, subject to subsections (3), (7) and (8), the Minister shall cause the appropriate number of penalty points to be endorsed on the entry concerned.

(6) F7 [ ( a ) Where a person is convicted of a penalty point offence, the Minister shall be notified of the conviction by the Courts Service

(i) in case an appeal is brought against the conviction and it is determined against the person, as soon as may be after such determination, and

(ii) in case an appeal is not brought against the conviction, as soon as may be after the expiration of the ordinary time for bringing such an appeal. ]

( b) Where the conviction of a person of a penalty point offence is reversed on appeal, it shall not be necessary to notify the Minister of the conviction.

( c) Upon the receipt by the Minister of a notification under paragraph (a), the Minister shall, subject to subsections (3), (7) and (8), cause the appropriate number of penalty points to be endorsed on the entry concerned.

F8 [ (7) If an entry in relation to a person cannot be identified or does not exist at a time when, if there were such an entry, penalty points would fall to be endorsed on it pursuant to subsection (5) or (6) (c), and subsequently such an entry is identified or made, thereupon, the points shall be so endorsed. ]

(8) Where, upon conviction of a person of a penalty point offence, an ancillary disqualification order is made in respect of the person, penalty points in respect of the offence shall not be endorsed on the entry of the person.

(9) The particulars stated in column (3) of the First Schedule are inserted solely to facilitate reference to and identification of the provisions specified in column (2) of that Schedule and, accordingly, nothing contained in the said column (3) shall affect the construction or limit or control the operation of this section or that Schedule.

(10) F9 [ ]

Annotations:

Amendments:

F4

Substituted (25.12.2014) by Road Traffic (No. 2) Act 2014 (39/2014), s. 2(1), commenced on enactment.

F5

Inserted (25.12.2014) by Road Traffic (No. 2) Act 2014 (39/2014), s. 2(2), commenced on enactment.

F6

Inserted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 16(a), S.I. No. 26 of 2005.

F7

Substituted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 16(b), S.I. No. 26 of 2005.

F8

Substituted (1.08.2014) by Road Traffic Act 2014 (3/2014), s. 8(b)(ii), S.I. No. 147 of 2014.

F9

Repealed (1.08.2014) by Road Traffic Act 2014 (3/2014), s. 5(2), S.I. No. 147 of 2014.

Modifications (not altering text):

C12

Certain endorsements deemed to be made pursuant to subs. (5) (25.12.2014) by Road Traffic (No. 2) Act 2014 (39/2014), s. 3(3), commenced on enactment.

Endorsement of certain penalty points

3. ...

(3) Where, at any time during the period from 1 August 2014 until the passing of this Act, a payment was made by a person under section 103 (inserted by section 11 of the Act of 2002) of the Road Traffic Act 1961 in respect of an alleged penalty point offence (other than such an offence specified at reference number 2A, 3, 8, 9, 10, 12, 14 or 19 in column (2) of Part 1 of the First Schedule to the Act of 2002) and if, upon the making of that payment to a member of the Garda Síochána or a person appointed under the said section 103, the Commissioner of the Garda Síochána or a person appointed under the said section 103 caused the Minister to be notified of the payment but no penalty points were caused to be endorsed on the entry relating to the person in respect of that alleged offence, the Minister shall, as soon as may be after the passing of this Act (subject to and in accordance with the provisions of the Act of 2002, other than section 2(5) ) cause to be endorsed on the entry relating to the person, the number of penalty points specified in column (4) of that Schedule opposite the mention of the offence in the said column (2), standing so specified on the day of the commission of the alleged offence, in respect of that offence, and such endorsement is deemed to be an endorsement pursuant to section 2(5) of the Act of 2002.

C13

Definition of Minister extended and power to transfer functions of Minister to Road Safety Authority provided (1.09.2006, establishment day) by Road Safety Authority Act 2006 (14/2006), s. 4(2), effectively commenced by establishment day order S.I. No. 462 of 2006.

Functions of Authority.

4.— ...

(2) The Minister may by order confer on the Authority such functions of the Minister under section 2, 3, 4, 5, 7 or 9 of the Road Traffic Act 2002 or section 36(6), (7) or (8) of the Road Traffic Act 1961 as specified in the order and, accordingly, a reference to the Minister in a provision so specified or connected with it includes a reference to the Authority.

(10) ...

Editorial Notes:

E6

Power pursuant to Road Safety Authority Act 2006 (14/2006), s. 4(2) exercised (13.09.2006) by Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006), art. 2.

E7

Previous affecting provision: subs. (1) amended (1.08.2014) by Road Traffic Act 2014 (3/2014), s. 8(b)(i), S.I. No. 147 of 2014; superseded as per F-note above.

E8

Previous affecting provision: subs. (1) amended (17.12.2014) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 44(a), S.I. No. 508 of 2014; superseded as per F-note above.

E9

Previous affecting provision: subs. (1) amended (1.05.2009) by Road Traffic Act 2006 (23/2006), s. 16(1), S.I. No. 148 of 2009; superseded as per F-note above.

E10

Previous affecting provision: subss. (1) and (7) amended by Road Traffic Act 2010 (25/2010), s. 53(3)(a) and (b), not commenced; s. 53 repealed and superseded as per F-note above.

E11

Previous affecting provision: subs. (10) inserted (22.12.2012) by Road Traffic Act 2010 (25/2010), s. 53(3)(c), S.I. No. 560 of 2012; deleted as per F-note above.