Penalty-points system: some questions answered

How will speeding motorists be detected?

As is the case at present, gardaí will enforce the speeding regulations through traffic patrols, speed cameras, and radar and video surveillance under the Gatso system. The system automatically detects vehicle speeds and registration numbers.

What happens if I am caught speeding?

Gardaí will send a notice of the offence to the registered owner of the vehicle. The owner must return a receipt to the Garda with the payment of a fixed charge. The Garda will then send a copy of the receipt to the Vehicle Registration Unit (VRU), and a further copy to a data processing company, which is to retain records of offending drivers until the National Driver File (NDF) is in operation.

Can I lose my licence before the NDF is operational?

Yes. If a driver accumulates 12 points in a three-year period, the data processing company will inform the driver's local motor tax office, which in turn will inform the driver. If the licence is not surrendered, the tax office will inform gardaí, whose duty it will be to pursue the driver.

What if I was not driving at the time?

The notice that is sent to the registered owner will contain a space for him or her to say who was driving the car at the time of the offence. If the relevant driver's name and licence number are not included, or if the space is left blank, the penalty points will be endorsed against the registered owner.

What if the offence occurs after I sell my car?

The VRU should be informed of a change in ownership immediately. The Department of Transport said the VRU's records would be updated within a day of receipt of such notice.

Can I challenge a notice?

Yes. But the penalties are higher if you are found guilty of the offence in court.

Initially, a notice for speeding will involve the endorsing of two penalty points and a fixed charge of €80.

This charge increases to €120 if not paid within 28 days. If found guilty in court the driver will have four penalty points endorsed on his or her licence, and will be subject to a maximum fine of €800.

Will my insurance company be automatically informed of penalty points endorsements?

At present, no. However, discussions are ongoing between the Department and insurance industry to allow information from the NDF be disclosed to insurers so that safe drivers can be rewarded with lower premiums.

Insurers may separately demand that drivers disclose all penalty point endorsements when premiums are being renewed.