Penalty points system should be challenged, says judge

A DISTRICT court judge has said the penalty points system for drivers which was introduced last year should be challenged.

Judge Mary Martin said she has doubts about the legislation, particularly the provisions for exacting higher fines when motorists don’t pay on time, or imposing four points instead of two if they challenge a case. “Someone should contest this,” she said.

Judge Martin made her comments during a case at Castlecomer District Court in Co Kilkenny. The defendan was caught speeding in a 30mph zone in mid-November and paid the €80 fine at Kilkenny on December 7.

But the money was returned with a letter stating that he had failed to fill in his driving licence number and his address. He later contacted Kilkenny gardaí and was told the situation was in order.

But gardaí later said the cheque for €80 was now for the wrong amount, as the fine automatically rose to €120 after 28 days.

Judge Martin pointed out that her discretion allowed her to convict or not convict. In her view of all the circumstances she felt it would be very unsafe to convict.

She directed the defendant to pay over the €80 fine to the gardaí and hand in the completed form. The case was adjourned for a month.

The AA’s Conor Faughnan said that up to 100 lives have been saved since the penalty points system was introduced last October. But he accepted that it was almost inevitable that it would be challenged at some point.