Road Traffic Act, 2002

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Endorsement of penalty points.

2.—(1) Where a person makes a payment under section 103 (as inserted by this Act) of the Principal Act in respect of an alleged penalty point offence (other than such an offence specified at reference number 2, 3, 8, 9, 10, 11, 12 or 14 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) 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 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, the Commissioner 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) (a)  When a person is convicted of a penalty point offence, the registrar or clerk of the court concerned or such other member of the staff of the Courts Service as that Service may designate shall notify the Minister of the conviction—

(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,

(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.

(7) If an entry in relation to a person 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 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.