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Order will close penalty-points loophole

The Government has moved to close a loophole in road-traffic legislation linked to ‘ancillary’ disqualifications from driving. 

Minister for Transport Darragh O’Brien has signed an order to commence section 4 of the Road Traffic Act 2024. 

This amends the Road Traffic Act 2002 and closes a loophole whereby drivers who have accumulated penalty points and are due for a six-month disqualification could instead receive an ‘ancillary’ disqualification for a shorter time. 

The amended provisions will come into effect on 31 March.

‘Unintended consequence’ 

Section 4 addresses what the Department of Transport describes as “an unintended consequence” of the earlier legislation on penalty points and ancillary disqualifications from driving. 

It says that penalty points are meant to act as a deterrent, as 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 after 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 that could lead to the risk of disqualification, when they were being disqualified anyway. 

‘Appropriate penalty’ 

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 change coming into effect on 31 March means that, in future, penalty points will be endorsed where an ancillary disqualification is made for a period of six months or less.  

Minister O’Brien said that the move reinstated the original purpose of the provisions on 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,” he stated. 

The 2024 act is being commenced in stages, and includes provisions on penalty-point reform, mandatory drug testing at the scene of serious collisions, and safer default speed limits.