Road Traffic Act 2002

1. Interpretation.

1.—(1) In this Act, save where the context otherwise requires—

“the Act of 1968” means the Road Traffic Act, 1968;

“the Act of 1975” means the Local Authorities (Traffic Wardens) Act, 1975;

“the Act of 1994” means the Road Traffic Act, 1994;

“the Acts” means the Road Traffic Acts, 1961 to 1995;

“appeal” includes an appeal by way of case stated;

“appropriate date” shall be construed in accordance with section 7;

“entry”, in relation to a person, means the entry in the licence record relating to the person;

F1["Irish licence" means an Irish driving licence or a learner permit granted under Part III of the Principal Act;]

F2["licence" means an Irish licence or a foreign driving licence, as the case may be;]

“licence record” means the record jointly established and maintained by the Minister and all the licensing authorities under section 60(2) of the Finance Act, 1993, in relation to licences;

“penalty point” means a point specified in column (4) or (5) of the First Schedule;

“penalty point offence” means an offence specified in column (2) of the First Schedule committed after the commencement of section 2;

“the Principal Act” means the Road Traffic Act, 1961.

(2) A word or expression that is used in this Act and is also used in the Principal Act has in this Act, unless the context otherwise requires, the same meaning as it has in the Principal Act.

(3) In this Act—

(a) a reference to a section or a Schedule is a reference to a section of, or a Schedule to, this Act unless it is indicated that reference to some other provision is intended,

(b) a reference to a subsection or paragraph is a reference to a subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and

(c) a reference to any enactment or instrument made under statute shall be construed as a reference to that enactment or instrument as amended, adapted or extended by or under any subsequent enactment or instrument made under statute.

1A. F3[Records — foreign driving licence holders and unlicensed drivers.

1A.—...]

2. Endorsement of penalty points.

2.—F4[(1) Where a person makes a payment under section 103 (inserted by section 11) of the Principal Act or undersection 37or44of theRoad Traffic Act 2010in 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) ofPart 1of theFirst 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 tosubsection (5)or(6) (c), and subsequently such an entry is identified or made, thereupon, the points shall be so endorsed.]

(8) F9[Subject tosubsection (8A), 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.

F10[(8A) Penalty points in respect of a penalty point offence shall be endorsed on the entry of a person where, upon conviction of the person of the penalty point offence, an ancillary disqualification order is made in respect of the person for a period of 6 months or less.]

(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) F11[…]

3. Disqualification by reason of penalty points.

3.—F16[(1) Where penalty points are endorsed on the entry of a person and, in consequence, the total number of penalty points standing so endorsed—

(a) equals or exceeds 12, or

(b) in the case of a person who at the time such points are endorsed is a learner driver or a novice driver, equals or exceeds 7,

the person shall stand disqualified for a period of 6 months beginning on the appropriate date for holding a licence and a licence held by him or her at the beginning of the period shall stand suspended accordingly.]

(2) At the end of a period of disqualification pursuant to subsection (1) the Minister—

(a) shall cause to be removed from the entry concerned penalty points standing endorsed on it on the date of the notice under section 5 relating to the disqualification, and

(b) shall cause a notice to be given or sent, by post or otherwise, to the person to whom the entry relates—

(i) of the ending of the period and its date, and

(ii) of the removal and particulars of the penalty points the subject of the removal.

4. Period of endorsement of penalty points.

4.—Penalty points endorsed on the entry of a person shall, subject to section 3(2), remain on the entry for a period of 3 years beginning on the appropriate date, and the Minister shall—

(a) cause the penalty points to be removed from the entry at the end of that period, and

(b) cause a notice to be given or sent, by post or otherwise, to the person—

(i) of the ending of the period and its date, and

(ii) of the removal and particulars of the penalty points the subject of the removal.

5. Notification to licence holder of endorsement of penalty points.

5.—(1) When penalty points are endorsed on the entry of a person, the Minister shall, as soon as may be thereafter, cause a notice to be given or sent, by post or otherwise, to the person—

(a) to the effect that the number of penalty points specified in the notice has been endorsed on the entry relating to the person following—

(i) the making by the person of a payment referred to in section 2(1), or

(ii) the conviction of the person of a penalty point offence,

and that, subject to section 3(2), they will remain on the entry for a period of 3 years beginning on the appropriate date, and

F17[(b) specifying the total number of penalty points that, following the endorsement aforesaid, stand so endorsed and, if that number—

(i) equals or exceeds 12, or

(ii) in the case of a person who at the time such points are endorsed is a learner driver or a novice driver, equals or exceeds 7,

specifying that the person will be disqualified undersection 3for holding a licence for a period of 6 months beginning on the appropriate date and directing him or her to submit the licence held by him or her to the licensing authority not later than 14 days from that date.]

(2) When a notice is given or sent to a person under subsection (1), the Minister shall cause particulars of the notice, including its date, to be entered on the entry relating to the person.

(3) A person who does not comply with a direction under paragraph (b) of subsection (1) in a notice under that subsection shall be guilty of an offence.

6. Interruption of period of endorsement of penalty points or disqualifications under section 3.

F18[6.—(1) Where, during the period of 3 years for which penalty points stand endorsed on the entry of a person or the period of 6 months for which a person stands disqualified pursuant tosection 3for holding a licence, the person—

(a) becomes disqualified pursuant to Part III of the Principal Act, section 29 of the Act of 2010 or section 40 of the Act of 2016, or

(b) ceases to be the holder of a licence,

no part of the period of the disqualification referred to inparagraph (a)or the cesser referred to inparagraph (b), as the case may be, shall be reckoned as part of the period of 3 years or part of the period of 6 months, and the date of the ending of the two latter periods shall be determined accordingly.

(2) Where, during the period when a person—

(a) is disqualified pursuant to Part III of the Principal Act, section 29 of the Act of 2010 or section 40 of the Act of 2016, or

(b) ceases to be the holder of a licence,

penalty points are endorsed on the entry of the person, no part of the period of the disqualification referred to inparagraph (a)or the cesser referred to inparagraph (b), as the case may be, shall be reckoned as part of the period of 3 years for which the penalty points stand endorsed on the entry and, should the person, in consequence of the endorsement of the penalty points, stand disqualified pursuant tosection 3, no part of the period of the disqualification referred to inparagraph (a)or the cesser referred to inparagraph (b), as the case may be, shall be reckoned as part of the period of 6 months of that disqualification.]

7. The appropriate date.

7.—(1) In this Act, subject to the provisions of this section, the appropriate date, in relation to penalty points, is the date that is 28 days from the date of the notice under section 5 relating to the penalty points; and, for the purposes of the application of this section to section 3(1), the notice under section 5 is that relating to the penalty points concerned that are the latest to be endorsed on an entry before a disqualification occurs under section 3(1) of the person to whom the entry relates.

(2) Where, but for this subsection, the appropriate date would fall on a day in a period when the person concerned stands disqualified pursuant to F19[section 3, Part III of the Principal Act orsection 29of theRoad Traffic Act 2010for holding a licence], or is otherwise not the holder of a licence, the appropriate date shall fall on the day immediately after the end of the period aforesaid or, as the case may be, the day on which the person becomes such a holder.

(3) If a court enlarges the time for instituting an appeal against a conviction for penalty point offence, it may, if it thinks it is appropriate and in the interests of justice to do so, by order provide that, in relation to the penalty points concerned—

(a) (i) the period of 6 months specified in section 3, or

(ii) the period of 3 years specified in section 4,

or both such periods shall begin on such date or dates other than that or those specified in subsection (1) as may be stated in the order, or

(b) such a period shall consist of 2 discontinuous periods stated in the order or each such period shall consist of 2 discontinuous periods so stated.

F20[(4) Where an order is made undersubsection (3), the Minister shall be notified by the Courts Service.]

(5) In relation to a case in which an order is made under subsection (3), subsections (1) and (2), as may be appropriate, shall be construed in accordance with the order.

(6) (a) In any proceedings, a certificate signed by an officer of the Minister authorised by the Minister in that behalf and stating—

(i) that he or she has examined the entry relating to a person,

(ii) that a penalty point was endorsed on the entry on a specified date, and

(iii) the date of the notice under section 5 relating to the penalty point,

shall be admissible as evidence of those facts.

(b) A document purporting to be a certificate under paragraph (a) shall be deemed to be such a certificate, and to have been signed by the person purporting to have signed it and to have been so signed in accordance with an authorisation under paragraph (a), unless the contrary is shown.

8. Endorsement of certain convictions and disqualifications on entries.

8.—For the purpose of enabling the convictions and the disqualification orders referred to in subsections (3) and (4) of section 36 of the Principal Act to be endorsed on the entries of those concerned in lieu of being endorsed on the licences held by them, the following amendments of the said section 36 are made as respects such convictions occurring, and such orders made, after the commencement of this section—

(a) the references in those subsections to an order directing particulars of a conviction or of a disqualification order to be endorsed on the licence held by a person or, if the person is not the holder of a licence but subsequently a licence is granted to him or her, on that licence are construed as references to an order directing that those particulars be endorsed on the entry then existing or subsequently made in relation to the person, and

(b) the following subsections are added to the said section 36:

"(6) In the cases referred to in subsections (3) and (4) of this section, the Minister shall cause the particulars referred to in those subsections to be endorsed on the appropriate entries.

(7) Where a disqualification referred to in section 29 of this Act is removed under that section or the period of a disqualification referred to in subsection (3) or (4) of this section expires (being in each case a disqualification to which an order relates that stands endorsement on an entry), the Minister shall cause the endorsement and any endorsement relating to the relevant conviction (if any) to be removed from the entry concerned.

(8) The appropriate court registrar or court clerk or such other member of the staff of the Courts Service as that Service may designate shall notify the Minister of an order under subsection (3) or (4) of this section, of the suspension or postponement under the said subsection (3) or (4) of such an order and of an order under section 29 of this Act removing a disqualification referred to in that section.

(9) In this section, ‘entry’ has the meaning assigned to it by the Road Traffic Act, 2002.”.

9. Disqualification pursuant to European Convention on Driving Disqualifications.

9.—F21[…]

10. Obligation to provide preliminary breath specimen.

10.—

11. Fixed charge offences.

11.—F23[…]

12. Amendment of Act of 1975.

12.—(1) The following section is substituted for section 3 of the Act of 1975:

“3.—(1) (a) This section applies to such of the offences specified in paragraph (b) as may be declared by the Minister by regulations made after consultation with the Minister for Justice, Equality and Law Reform to be fixed charge offences and an offence standing so declared is referred to in this section as a fixed charge offence.

(b) The offences referred to in paragraph (a) of this section are:

(i) an offence under the Road Traffic Acts, 1961 to 2002, relating to the prohibition or restriction of the stopping or parking of mechanically propelled vehicles,