Think before you pay.
Are you worried about penalty points on your Irish driving licence? This short guide explains everything you need to know about the penalty points system in Ireland, including recent changes and important legal implications.
What Are Penalty Points and Why Do They Matter?
Penalty points are a significant part of Ireland's road safety enforcement system. When you commit a road traffic offence you may receive a fixed charge penalty notice (FCPN) in the post. If you agree with the notice and pay the fine, penalty points are applied to your licence.
The consequences can be serious - from increased insurance premiums to potential licence disqualification.
"If this happens you will be disqualified
from driving for 6 months and you cannot appeal this.
Why?
Because by paying the FCPN you’ve acknowledged
that you committed the offence.
There is nothing to appeal"
Common Offences That Attract Penalty Points
The most frequent penalty point offences in Ireland include:
Speeding
Mobile phone use while driving
Failure to wear a seatbelt
Breaking red lights
Important Legal Changes You Should Know
Recent changes in Irish road traffic law have made the penalty points system more stringent than ever. Here are the key points every driver needs to understand:
Mandatory Application of Points
When you receive a conviction for a penalty point offence in Ireland, there's no room for negotiation. When district court judges convict you, the penalty points are applied “automatically”.
In other words, the points have nothing to do with the judge. They record a conviction and the Department of Transport apply the points. The system is entirely automatic on conviction.
The End of Alternative Options
Previously, drivers could sometimes avoid penalty points through charitable donations to the court's poor box. However, a significant High Court ruling some years ago abolished this practice. Today, there are no exceptions - if you're convicted, the points will be applied to your licence.
First-Time Offenders Take Note
Even if you're a first-time offender, you won't be able to avoid penalty points through the Probation Act.
The Probation Act is a mechanism where a judge can -in certain minor cases- decide not to record a conviction e.g. a minor public order offence.
But this mechanism does not apply to penalty point offences.
Protecting Your Driving Licence
Given these strict regulations, it's crucial to understand how penalty points can affect your driving privileges. If you're facing a court summons or potential penalty points, seeking professional legal advice early can help you understand your options and best course of action.
Get Expert Legal Help
If you’ve already accumulated several penalty points and receive another FCPN in the post, you should seek immediate legal advice.
If you’re on 9 points over the last 3 years, and you receive an FCPN for speeding, this will bring you to 12 points, if you pay that fine.
If this happens you will be disqualified from driving for 6 months and you cannot appeal this.
Why? Because by paying the FCPN you’ve acknowledged that you committed the offence. There is nothing to appeal.
So, if payment of the next FCPN will result in a disqualification, get legal advice immediately before you take any action.
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