Transport Minister, Darragh O’Brien has closed a loophole in legislation that allowed drivers who had accumulated penalty points and were due for a six-month disqualification toinstead receive an ‘ancillary’ disqualification for a shorter time. The amended provisions will come into effect on 31 March 2025.
The Road Traffic Act 2024 was introduced by the Government as a response to the rising trend in road traffic collisions and fatalities in recent years. The Act is being commenced in stages. The main provisions of the Act focus on penalty point reform, mandatory drug testing at the scene of serious collisions, and introducing safer default speed limits, but the legislation also includes several technical amendments to existing legislation, such as the provisions now being commenced.
Section 4 addresses an unintended consequence of the earlier legislation on penalty points and ancillary disqualifications from driving. Penalty points are meant to act as a deterrent from illegal driving behaviours, because drivers risk being disqualified for six months if they accumulate enough penalty points. When penalty points were introduced, it was decided that there should be no points applied following conviction for a penalty point offence, if the court imposed an ancillary disqualification. The rationale for this was that there was no reason to give people penalty points which could lead to the risk of disqualification, when they were being disqualified anyway.
In some recent court cases, judges have imposed ancillary disqualifications of less than six months for drivers committing road traffic offences, who would otherwise be disqualified for six months if penalty points for those same offences were endorsed on the driver’s licence. The Road Traffic Act 2024 addresses this anomaly so that, in future, penalty points will be endorsed where an ancillary disqualification is made for a period of six months or less. This will ensure that drivers will still receive penalty points, and any associated automatic disqualification, even if they are given a short ancillary disqualification.
Commenting today, Minister O’Brien said: “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.”
Minister of State for International & Road Transport, Logistics, Rail and Ports, Seán Canney, said: “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.”
