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Major loophole that allowed Irish drivers to avoid penalty points closes as road rule updated


A MAJOR loophole that allowed drivers to avoid penalty points has been closed for Irish motorists.

Minister for Transport Darragh O’Brien signed Section 4 of the Road Traffic Act 2024 yesterday – which will put an end to it.

Police officer pulling over a car.
Garrett White – The Sun

A big loophole has come to an end[/caption]

This update to the Road Traffic Act 2002 closes the gap where drivers facing six-month disqualifications could instead receive a shorter “ancillary” disqualification.

This is a court order that can disqualify motorists from driving for a short period of time, sometimes for only 12 weeks.

And the change is set to take effect on March 31, 2025.

The Road Traffic Act 2024 was first introduced to address rising road traffic accidents and fatalities.

The major points of the Road Traffic Act include new reforms on penalty points, mandatory drug testing for drivers, and implementing safer speed limits.

In a statement, Minister O’Brien said that penalties for reckless driving need to reflect the seriousness of the issue.

He said: “It is essential that the consequences associated with reckless and dangerous driving appropriately reflect the seriousness of the issue.”

“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.”

Section 4 aims to correct the unintended outcome of previous rules about penalty points and ancillary disqualifications.

When penalty points were first introduced, it was decided that no points would be added if the court imposed a disqualification on a driver.

The reasoning behind this was that some believed adding penalty points wouldn’t be necessary if the driver was already facing a disqualification.

However, in recent cases judges handed out disqualifications shorter than six months for certain offences.

These shorter disqualifications allowed drivers to avoid the six-month suspension that would typically apply if they had penalty points for the same violations.

The Road Traffic Act 2024 sets to fix this issue by ensuring that drivers will get penalty points even when given a shorter ancillary disqualification.

RULE CHANGE

Meanwhile, there has also been a new crackdown on uninsured drivers.

Drivers will now need to give their driver number when taking out or renewing insurance under the new rules.

This is being carried out in hopes of targeting drivers on Irish roads who have failed to get insurance cover.

Drivers in Ireland are each given a driver number, which is unique to them, and this number will never change regardless of the vehicle, policy, or licence.

This number can be found under section 4(d) of your driving licence.

The driver number must be provided for all named drivers on the policy and if a motorist fails to do so, they will not legally be able to receive the insurance.

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