[Article] Penalty points expansion delayed to Friday

Victor

http://www.breakingnews.ie/2004/05/31/story150112.html

Penalty points expansion delayed to Friday
31/05/2004 - 08:25:51

The expansion of the penalty points scheme to cover mobile phone use while driving has reportedly been delayed until Friday.

Reports this morning said the offence was originally due to be included in the scheme from tomorrow, but this had been delayed until Friday in an effort to maximise the impact over the bank holiday weekend.

Motorists caught using their mobile phone will initially receive five penalty points for careless driving.

However, that will be reduced to one point under new legislation to create a specific offence of using a mobile phone while driving.

Victor

http://home.eircom.net/content/irelandcom/topstories/3300405?view=Eircomnet

Start of penalty points for mobile use delayed
From:ireland.com
Monday, 31st May, 2004

The plan to penalise motorists using hand-held mobile phones while driving, due to be introduced tomorrow, has been postponed until Friday to have the maximum impact during the bank holiday weekend.

From Friday motorists using mobile phones will be prosecuted for the offence of careless driving and will face five penalty points, a fine and a mandatory court appearance.

This harsh punishment will be temporary , however, caused by a delay in introducing specific legislation for the offence and a further delay in introducing a new Garda computer system.

Under the upcoming Road Traffic Bill the use of mobile phones by motorists will carry one penalty point, or three if contested in court. The Government hopes to have the Bill before the Dáil in the next three weeks.

However, even when the Bill is passed there will still be a delay in implementing the new phone offence until the Garda Pulse 2 computer system is deemed compatible with the Courts Service computer system and the National Driver File. This is not expected to be fully rolled out until the end of the summer.

The Department of Justice has said it is planned to commence the electronic system before the end of June, initially by way of live pilot, with full implementation following successful completion of the pilot.

Motorists prosecuted for careless driving have no option but to attend court. This means drivers could find themselves just seven points short of the 12 point limit when a six month driving ban is imposed.

Careless driving - a charge that is instigated at the discretion of the gardaí - is defined as "driving a vehicle in a public place without due care and attention, or without reasonable consideration for other people in that area".

It can cover a multitude of motoring offences from causing death by careless driving, to driving a vehicle with broken or defective lights, dangerous reversing, or not dipping headlights. In 2002, there were almost 5,000 prosecutions for careless driving, of which 1,500 led to convictions. Another 600 are still pending.

Latest statistics show that up to April 6th, 128,966 drivers have incurred penalty points in the 17 months since they were introduced. Of these 20 drivers have 10 points - two short of automatic disqualification - while one driver has reached 12 points and has been automatically disqualified from driving for six months. Points are currently incurred for speeding offences, driving without insurance and the non-wearing of seat belts.

Meanwhile, the Department of Transport has said it will seek legal advice following claims yesterday that many penalty point tickets are faulty and could be dismissed by the courts. According to reports two speeding cases were dismissed last week because the tickets fail to refer to updated road traffic legislation.

A spokesman for the Department said officials had not been aware of such a problem. The Attorney General was already examining the legal issues surrounding hand-held speed guns, after cases were dismissed as the devices did not provide a print-out. "If necessary, we can ask the Attorney General to look at this issue as well." If new regulations are required, they can be introduced as part of new legislation to be introduced later this year.

robbie1876

the use of mobile phones by motorists will carry one penalty point, or three if contested in court.

I understand that

From Friday motorists using mobile phones will be prosecuted for the offence of careless driving and will face five penalty points

But am confused by that. Surely if you are driving carelessly with or without a mobile you get your 5 points, but the statement above seems to imply that you get 5 points if you are caught with a mobile at anytime. This I'm sure is not the case, but it's an obvious grey area.

If you are stuck in traffic and are caught on the mobile, a 1 point penalty is probable, but it's open for interpretation by the Garda who catches you. It is arguable that in heavy gridlocked traffic, using a mobile is careless, leading to a 5 point penalty.

From the article, the Gardai's definition of careless driving is "driving a vehicle in a public place without due care and attention, or without reasonable consideration for other people in that area", which in my eye covers every time you use a mobile.

It will be interesting to see how many people actually receive the 1 point penalty for mobile phone usage.

Robbie

Tommy Vercetti

it's utter horse****e tbh

Victor

http://home.eircom.net/content/irelandcom/topstories/3325845?view=Eircomnet

New penalties set for driving without care
From:ireland.com
Friday, 4th June, 2004

More than 1,000 drivers have six penalty points or more, according to the latest statistics.

The figures come as motorists now face five points, a fine and a mandatory court appearance for careless driving, including the use of mobile phones.

The statistics from the Department of Transport show that 27 drivers have 10 points, two short of automatic disqualification from driving for six months. However, only one motorist has so far reached 12 points and been disqualified.

A total of 153,312 penalty-point notifications have been issued to 141,175 motorists up to May 31st.

Of these, 20,527 were to motorists holding licences issued outside the State. However, these drivers cannot be allocated points, as there is no international arrangement for such schemes.

The latest statistics show that 6,205 penalty-point notices were issued to drivers not wearing a seatbelt.

In addition, 338 notices were issued to drivers for the non-wearing of seatbelts by rear-seat passengers aged under 17, and 215 notices were issued to drivers because front-seat passengers aged under 17 were not wearing seatbelts. The vast majority of points notifications, 146,498, were issued for speeding.

From today, motorists found guilty in court of careless driving, which can include the use of a mobile phone while driving, now face a five-point penalty. The new rules relating to mobile-phone use will only be temporary, however, caused by a delay in introducing specific legislation for the offence and a further delay in introducing a new Garda computer system.

Under the upcoming Road Traffic Bill, the use of mobile phones by motorists will carry one penalty point, or three if contested in court. The Government hopes to have the Bill before the Dáil in the next three weeks.

However, even when the Bill is passed there will still be a delay in implementing the new phone offence until the Garda Pulse 2 computer system is deemed compatible with the Courts Service computer system and the National Driver File.

The system is due to begin later this month, by way of a pilot scheme in several Garda districts, with full implementation due to take between two and three months.

Unlike other penalty-point offences, there is no roadside option for motorists prosecuted for careless driving, and so the case must go to court.

Careless driving is defined as "driving a vehicle in a public place without due care and attention, or without reasonable consideration for other people in that area".

It can cover a multitude of offences, from causing death to driving a vehicle with broken or defective lights, dangerous reversing or not dipping headlights.

This latest extension of the points system, which came into effect at midnight, coincides with an increased Garda presence on our roads over the bank holiday weekend as part of Operation Lifesaver, the latest national road safety campaign, which will run until midnight on Monday.

A spokesman for the Department of Transport said the next offence to incur points was likely to be dangerous overtaking, which will carry two points, or five if contested in court.

Victor

http://home.eircom.net/content/unison/national/3332089?view=Eircomnet

Five-point plan bans drinking (tea) and driving
From:The Irish Independent
Saturday, 5th June, 2004

A CUP of tea as you rush to work could cost you five penalty points - if you happen to be drinking it and driving at the same time.

And the hope of saving some precious minutes by applying make-up or shaving as you make the daily commute could also see the dreaded penalty points accumulate on your licence.

Now that the charge of careless driving has been added to the penalty points menu, doing virtually anything inside your car, except driving it, could cost unwary drivers five precious points.

Chattering on a hand-held mobile phone is a big no-no and international studies have found that making and receiving phone calls while driving is one of the biggest distractions for drivers.

But while most drivers have at last got the message and use a hands-free mobile phone, there are many other offences that can add five penalty points to your licence.

"Careless driving covers a huge range of activities and often people are not aware that some of their behaviour can actually be classified as careless driving," said Brian Farrell of the National Safety Council.

"Drivers take amazing risks, and with the average driver undertaking at least 1,000 journeys a year, there are many, many close shaves. Even turning back to check on children can lead to a momentary lapse, which can lead to careless driving and you will be docked penalty points."

In Britain, nurse Sarah McCaffrey is facing a court appearance after she refused to pay a £30 fine when police in south Tyneside stopped her for not being in proper control of her car.

The 22-year-old was eating an apple as she drove to work, but the police believed that she was not in proper control of the vehicle.

Ms McCaffrey refused to pay the £30 fine and is now awaiting a court appearance.

Now that Transport Minister Seamus Brennan has added the charge of careless driving to the penalty points system, the early morning cup of coffee or tea in the car could cost more than double the penalty points that are awarded for a speeding offence.

The five points awarded for careless driving is the same as the sanction for driving with no insurance.

Anyone who accumulates 12 points in a three-year period is disqualified from driving for six months.

"We have 100,000km of roadways in Ireland and only 12,000 gardai, so obviously the police cannot be at every street corner. But road users who see a vehicle being driven in a careless manner can call Traffic Watch 1890 205 805," said Mr Farrell.

Charges of careless driving are prosecuted through the courts and in 2002 there were 5,000 such cases.

Lorna Reid