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Penalty Points Query

  • 22-12-2014 2:30pm
    #1
    Bobokerr
    Registered Users, Registered Users 2 Posts: 22 ✭


    Hi All,

    I recently received a fixed charge offence notice for speeding.

    The notice refers to the Road Traffic Acts of 1961, 2002 & 2004.
    These acts collectively allow for a notice to be issued, and for 2 penalty points to be applied for a speeding offence.

    The notice states that 3 penalty points would be applied.
    The provision for applying 3 penalty points is included within the 2014 Road Traffic Act.
    The 2014 Road Traffic Act is not referred to anywhere within the notice.

    Section 11 of the 2002 Act (the provision for issuing a fixed charge offence) refers to penalty point offences within the meaning of the 2002 Act; i.e. 2 points for a speeding offence.

    Should the 2014 Act have been referred to on the notice, or is it the case that all Acts are really just amendment of previous Acts, so therefore they all apply?
    Obviously, I am wondering if there is any technicality here in that the notice does not specifically refer to the Act that will be used to apply the penalty points.

    Thanks.


Comments

  • #2
    ebbsy
    Registered Users, Registered Users 2 Posts: 7,071 ✭✭✭ebbsy


    Bud if you think you can get away with then go for it.


  • #3
    whippet
    Registered Users, Registered Users 2 Posts: 7,718 ✭✭✭whippet


    the real question to ask is 'was the guard who stuck the stamp on wearing his hat while doing so' .....


  • #4
    Markcheese
    Registered Users, Registered Users 2 Posts: 8,823 ✭✭✭Markcheese


    So does that mean challenge the notice and your right nil points- get it wrong and you're on six points ---
    Risky -

    Slava ukraini 🇺🇦



  • #5
    joujoujou
    Registered Users, Registered Users 2 Posts: 13,973 ✭✭✭✭joujoujou
    Unregistered Users


    Just pay the fine.


  • #6
    pa990
    Registered Users, Registered Users 2 Posts: 3,883 ✭✭✭pa990


    Looks like u found the loophole


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  • #7
    pudzey101
    Registered Users, Registered Users 2 Posts: 3,925 ✭✭✭pudzey101


    joujoujou wrote: »
    Just pay the fine.

    +1 if u dont pay you could get double the points or double the fine , or worse case scenario BOTH :cool:

    just pay it and forget about it :)


  • #8
    Bobokerr
    Registered Users, Registered Users 2 Posts: 22 ✭Bobokerr


    whippet wrote: »
    the real question to ask is 'was the guard who stuck the stamp on wearing his hat while doing so' .....

    Should it have been stamped too? I'm only joking.

    just wondering about the legalities of it all!
    Probably needs a lawyer to answer the question


  • #9
    ironclaw
    Registered Users, Registered Users 2 Posts: 8,004 ✭✭✭ironclaw


    I'm not read in law, but I'd imagine all acts have a clause that a new act or an amendment will supercede it. Then again, its an interesting question!


  • #10
    kerry4sam
    Registered Users, Registered Users 2 Posts: 15,127 ✭✭✭✭kerry4sam


    pa990 wrote: »
    Looks like u found the loophole

    Oh I must defo pull out me auld law-books and notes; I miss researching these acts and keeping up-to-date!

    Thanks,
    kerry4sam


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