Penalty point loopholes ‘do not exist’

GARDAÍ have rejected reports that motorists can escape penalty points through a loophole in the system.

It was reported that drivers caught speeding on camera or by unmarked garda GATSO vans could avoid having points put on their licence by not turning up in court.

But gardaí have denied that such a legal loophole exists.

Yesterday, a newspaper quoted an unnamed garda source who said it was impossible to convict car owners for speeding if they did not plead guilty in court.

The court would be unable to determine if the car owner had also been the driver behind the wheel, he said.

In contrast, drivers who are given a ticket on the spot cannot avoid the penalty points, because gardaí can take down their licence details and then give the evidence in court.

But last night, gardaí cited the Road Traffic Act 2002, which introduced the penalty points system.

Under Section 11 of the act, there is a legal onus on the owner of a car to declare who was driving at the time of the offence.

If the driver does not appear in court, he can be fined up to 800 and disqualified from driving.

“You’re given the opportunity under the act to say who was driving. You have been given 28 days’ notice and you have ignored the summons,” said Superintendent John Farrelly.

Solicitor Pat McGonagle said the garda statement was an accurate interpretation of the law.

“There’s a quote attributed to a prosecuting garda who said that if a person stays away from court, they couldn’t be convicted. That isn’t the fact at all.”

Transport Minister Seamus Brennan said he did not believe there was a loophole, but he would seek legal advice from the Attorney General’s office.

Further traffic legislation will be brought to the Dáil this autumn, including the long-delayed ban on mobile phones.

The penalty points legislation has not yet been legally challenged, but there have been many urban myths about how to beat the system.

It was claimed that drivers could avoid penalty points by writing a cheque in excess of the €80 fine, and if the refund cheque was never cashed, the penalty points could not be processed.

But gardaí dismissed this, saying they were processing all penalty points.