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Penalty Points Query

  • 22-08-2006 8:10pm
    #1
    Registered Users, Registered Users 2 Posts: 642 ✭✭✭


    I was caught over the speed limit on the 5th august 03. but i didn't actually find out about it till the following september when I recieved notifiation that I had been caught by a hidden garda and that the fine had to be paid within 28days. I paid the fine during the third week of that september. I then, towards the end of november, recieved a letter stating that i now had two points on my licence. These are the only points to date on my licence.

    My question is, when is my licence actually 'clean' again? Are the points wiped from the date i was caught, from the date i paid the fine or from the date that i recieved notification that i had the points? Also, do i get notification that the points have been taken off? I asked a garda today and he didn't have a notion!

    I hope someone out there can shed a little light on the subject for me.

    Cheers

    SD


Comments

  • Registered Users, Registered Users 2 Posts: 21,083 ✭✭✭✭Stark


    3 years from the date the points were issued (ie: shortly before you received notification).


  • Moderators, Politics Moderators Posts: 41,230 Mod ✭✭✭✭Seth Brundle


    @ salad dodger - did you get the letter in Sept 03 or 04?
    Isn't there a six month timeframe for the gardai to notify a driver of the offence otherwise it is annulled?


  • Closed Accounts Posts: 368 ✭✭DrivingInfo


    Recording of Penalty Points

    The recording of penalty point offences on a driver’s licence record may result from one of two situations:-

    1. where a person is convicted of an offence that attracts penalty points, or

    2. where a person is served with a fixed charge notice in respect of an alleged offence that attracts penalty points and opts to pay the fixed charge rather than having the matter referred to the Courts for determination.

    Reduced penalty points apply on payment of a fixed charge. For example, a person convicted in court of a speeding offence receives 4 penalty points, while 2 points apply on payment of a fixed charge.


  • Registered Users, Registered Users 2 Posts: 642 ✭✭✭salad dodger


    kbannon wrote:
    @ salad dodger - did you get the letter in Sept 03 or 04?
    Isn't there a six month timeframe for the gardai to notify a driver of the offence otherwise it is annulled?

    I recieved it sept 03.


  • Closed Accounts Posts: 368 ✭✭DrivingInfo


    Start date (effective date)

    The law in relation to penalty points (contained in the Road Traffic Act 2002), requires that a notice issue in all cases where penalty points are to be recorded on a driving licence record. The notice is issued by the Department of Transport. The law also provides that the points will only apply on the licence record with effect from 28 days after the date of issue of the notice. The dates of either the offence, the issuing of the Garda fixed charge notice, the payment of the fixed charge or the court date have no bearing on when penalty points are applied to a licence record.

    NOTE: If a driving licence is not current the points will only apply from whenever the licence is renewed. In such cases the notice will state that the points will become effective from the first date of holding a new licence.

    Penalty points do not take effect from the date of the offence because:

    * The points can only be applied after payment of a fixed charge or determination of guilt is made.

    * A person cannot be disqualified without receiving notification. If the points being applied at any time were to bring the person's total points to 12 they would otherwise be disqualified before they receive the notification.

    * It would be possible to have persons driving while disqualified without knowledge of the disqualification e.g. where a person is on 10 points and commits an offence detected by camera.

    Points on Licence for 3 Years (Effective Period)

    Penalty points remain on a current licence for a period of 3 years from the start date (effective date). If a person is disqualified for a period of six months after accumulating 12 points, the points which led to the disqualification are removed at the end of the 6 months. Any period where a licence has expired and is not current will not count as part of the 3 years the points are to remain on the licence record or as part of the disqualification period of 6 months.


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  • Registered Users, Registered Users 2 Posts: 4,559 ✭✭✭The tax man


    Don't mean to stray off topic here but it's another penalty point query of sorts.
    I got caught on the highly dangerous Long Mile rd doing 78 in a 60 zone.:rolleyes:

    This happened nearly two months ago,paid the fine within the 28 days but I still haven't received anything offical to say I now have 2 points.
    Am I right in thinking I should've got some confirmation that I'm the proud owner of 2 points?:confused:


  • Registered Users, Registered Users 2 Posts: 642 ✭✭✭salad dodger


    @Driving Info thanks for clearing that up for me, much appreciated

    SD


  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Don't mean to stray off topic here but it's another penalty point query of sorts.
    I got caught on the highly dangerous Long Mile rd doing 78 in a 60 zone.:rolleyes:

    This happened nearly two months ago,paid the fine within the 28 days but I still haven't received anything offical to say I now have 2 points.
    Am I right in thinking I should've got some confirmation that I'm the proud owner of 2 points?:confused:
    You will get a notice within a few months.


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