Ministers have moved to close a loophole which saw drivers who were facing a six-month ban for accumulating penalty points potentially getting shorter punishments under 'ancillary' disqualifications.
The move was confirmed by Darragh O'Brien, Minister for Transport, who signed a Commencement Order for Section 4 of the Road Traffic Act 2024, amending the Road Traffic Act 2022. The amended provisions will come into effect on March 31, 2025.
What, exactly, has been changed?
The Government's Road Traffic Act 2024 is seeking to reduce road traffic collisions and fatalities across the country, which have risen in recent years. It is being put into force in stages, with a focus on penalty-point reform, mandatory drug testing at the scene of serious collisions, and introducing safer default speed limits. It also includes various technical amendments to existing legislation, including the latest announcement.
When penalty points on driving licences were first introduced in Ireland, it was decided that there should be no points applied following conviction for a penalty-point offence if the court instead imposed an ancillary disqualification. This decision was arrived at because it was felt there was no reason to give drivers penalty points, which could lead to a further future disqualification if they were already being disqualified by the court anyway.
The usual ban on a 'totting up' process of accumulating too many penalty points is six months, but in recent court cases, judges have imposed ancillary disqualifications of less than that span for drivers committing road traffic offences - when they would otherwise have got the full six months if the same offences were endorsed on the driver's licence.
Section 4 of the Road Traffic Act 2024 addresses this loophole so that, in future, penalty points will be endorsed where an ancillary disqualification is made for a period of six months or less. It will mean that drivers still receive penalty points and any associated automatic disqualification, even if they are given a short ancillary ban.
OK, what did ministers say about the move?
Mr O'Brien himself said while signing the order: “It is essential that the consequences associated with reckless and dangerous driving appropriately reflect the seriousness of the issue. Today I am pleased to sign the Commencement Order for Section 4 of the Road Traffic Act 2024, which reinstates the original purpose of the provisions relating to ancillary disqualifications and penalty points.
“This means that drivers who reach the penalty-point threshold for a six-month disqualification will now always face the appropriate penalty. This is a positive step towards ensuring fairness and accountability for all road users. Strengthening these measures is crucial to enhancing road safety and protecting lives.”
And Seán Canney, Minister of State for International & Road Transport, Logistics, Rail and Ports, added: “I welcome the commencement of Section 4 of the Road Traffic Act 2024 in relation to ancillary disqualifications and penalty points. This provision will complement our approach and strategy to addressing road safety, specifically those in relation to poor driver behaviour. It is vital that drivers uphold and follow the law to ensure that those committing driving offences receive sufficient punishment and - above all - that are roads are kept safe for all users.”