The penalty point system has been in operation since 2002 for violations of regulations related to driving licenses in the Republic of Ireland. More serious driving violations are not included in the penalty point system but result in automatic driving prohibitions or imprisonment. Following the controversy over alleged weaknesses in implementation, the Independent Supervisory Authority was established in 2015 to make an annual report on its operations.
Video Penalty points in Ireland
Implementation
Penalty points lapse of three years; a total of 12 points collected will trigger a six-month driving ban. For novice student and driver drivers, the limit is 7 points. Since December 2014, 62 offenses are subject to the points: charges of charges are still subject to 1-3 points, and violations requiring court appearances are subject to 3-5 points on conviction.
Violations detected by Garda SÃÆ'ochÃÆ'¡na, or notified to Garda by private companies that operate speed camera gear. Notices are issued by post by the Road Safety Authority, which also publishes monthly notice statistics. Points are not recorded on physical license documents, but on databases managed by the Department of Transport, Tourism and Sports, which are linked to the Pulse Guard computer system. Penalties are charged at the standard rate if paid within 28 days after the notice is issued, and at a rate 50% higher for the next 28 days. After this, the trial process begins. One can also appeal the charges of permanent charges in court, but if the appeal fails, an additional 2 points occur and the fine is doubled. The Comptroller and Auditor General 2013 report found that 71% of fixed fee notice fine is paid within 56 days; 22% resulted in litigation; 5% terminated; and 2% have "other results". Half of court cases are attacked because calls are not served well, often where cars are registered to companies and not private individuals, or due to defects with registered addresses. Some judges have crossed out cases involving speed cameras that are privately operated, blaming the gaps in the chain of evidence.
The British-Irish Council and the competent authorities in various Irish and British jurisdictions plan to implement mutual recognition of penalty points in both countries. The European Convention on Driving Disqualification has already been applied to court disqualification.
Maps Penalty points in Ireland
History
The Road Traffic Act 2002 was first awarded for penalty points and for fixed fee penalties, replacing the on-the-spot fine system previously. Originally planned for 1998, its introduction was delayed by the need to upgrade and connect administrative computer systems, and by opposition from Garda-rankers who feared an increased workload. The system was introduced at a scale-back scale on October 31, 2002 for accelerating offenses. Additional violations were included in the scope in subsequent years, with an additional 31 in 2006. The seven violations listed in the 2002 Law as amended have not been included in the points system.
In 2004, a crack came unfolded when GardaÃÆ' could not prove a sentence posted notice had been received by the driver. In the same year, GardaÃÆ' issued a handheld computer to automate reporting violations. In 2006, the problem of linking data meant that Garda could report the violation but did not see the driver's penalty point data or seize the license. In 2009, the media reported problems in which drivers driving illegally without a license would avoid earning points. Outsourcing speed cameras began in November 2010. A gap, where those who withdrew a penalty are not required to bring their driver's license to court, closed in 2012. By 2015, the government says it will close a similar gap utilized by 72% of drivers receive a call to court. In 2013, motor insurance companies are granted access to the penalty point database, to encourage lower insurance premiums for cautious drivers.
The Department of Transport published a review of the system in June 2012, discussed by the joint committee of Oireachtas in September. The review affects the 2014 Road Traffic Act, which adds 11 new violations to the system, to increase penalty points for multiple violations, and to reduce the limit from 12 to 7 points for newbie drivers and new categories of novice drivers.
Annulment Controversy
Senior Guard has discretionary authority to cancel penalty points. In September 2012, two Garda revealers said that this power had been abused to cancel thousands of punishments, benefiting some influential people and others who were later involved in serious traffic accidents. One of the whistleblowers resigned from Garda in May 2013.
Four TDs technical groups raised this issue at DÃÆ'¡il in December 2012. In March 2013, one of four, Luke 'Sun' Flanagan admitted that he himself had had the points canceled. In May, another of four, Mick Wallace, traded allegations with Alan Shatter, the Justice Minister, about the penalty spared on Guardian policies.
The Internal Guard report on the allegations was published in May 2013. It was found that 3 of the 113 officers had left the guidelines, but found no evidence of corruption. The report was referred to Garda Inspectorate and Oireachtas for further examination. The TD technical group is very critical of Garda's report for not interviewing the complainants.
The Office of the Financial Controller and the Auditor General also received information about the original allegations and conducted a review of the system for its 2012 report. Published in September 2013, it finds stop rates ranging in different Garda counties between 0.1% and 5.9%. In January 2014, when the Oireachtas Public Account Committee reviewed the report, it questioned the Garda commissioner, Martin Callinan, who defended the implementation of the Gardaa policy. Callinan argues that whistleblowers should have raised their concerns internally, and their testimony controversially uses the word "disgusting":
- I respect the idea that gardaÃÆ', in certain circumstances, should not investigate each other. That's why we have an ombudsman commission to handle such cases. Obviously, here, we have two people, with more than 13,000 powers, who make extraordinary and serious allegations. There were no whispers elsewhere or from other members of the SÃÆ'ochÃÆ'¡na Guard, however, about this corruption, malpractice and other allegations addressed to their colleagues. Frankly, on a personal level I thought it was pretty disgusting.
The following week the committee interviewed one of the reporters personally, despite opposition from the Commissioner and from the Shatter, who referred the charge to the Ombudsman Commission of the Guard SÃÆ'ochÃÆ'¡na.
The Garda Inspectorate review for the May 2013 report was published on March 12, 2014. The report, which discovers widespread policy violations, recommended establishing a working group to manage the penalty point system, which first met on March 13, 2014. In view of the report, ministers Leo Varadkar and Eamon Gilmore asked Callinan to draw the word "disgust" from his previous testimony; instead, he suddenly resigned as Commissioner on March 25, 2014.
In 2015, Fitzgerald's minister established an Independent Oversight Authority under Matthew Deery, a retired President of the Circuit Court. Deery's first annual report was published in January 2016, finding "substantial compliance" with the process.
References
- McCarthy, Seamus (September 30, 2013). "Fixed Cost Notification System Management" (PDF) . Report on Public Service Account 2012 (PDF) . Financial Supervisor and General Auditor . Retrieved December 8 2014 .
Note
External links
- Punishment points for driving a Citizens Information Board violation
- Penalty Points of Road Safety Authority
- Report from the Garda Professional Standards Unit regarding its examination of existing processes and systems for handling the cancellation of the Fixed Costs Notice of the Department of Justice and Equality
Source of the article : Wikipedia
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