What the new penalty points overhaul means for motorists

This graduated penalty system was signed off by Cabinet today and is designed to distinguish between those who are caught marginally exceeding the speed limit and those driving excessively over the limits.

Under the proposed penalty system, speeding offences will be:

• Up to 10km/h over the limit - €60 fixed charge and two penalty points on payment of the fixed charge; with four penalty points on conviction in court
• Between 10 and up to 20km/h over the limit - €80 fixed charge and three penalty points on payment of the fixed change; with five penalty points on conviction in court
• Between 20 to 30km/h over the limit - €100 fixed and four penalty points on payment of the fixed charge or six points on conviction in court
• If people in these brackets do not pay the fixed charge and are convicted in court they will face the same penalty as today – a fine of up to €1,000 for a first offence, up to €2,000 for a second or subsequent offence, and up to €2,000 and/or up to three months in prison for a third or subsequent offence within 12 months
• Over 30km/h or more over the limit - a new stand-alone offence which would not be a fixed charge offence and would therefore result directly in a court summons

The penalty on conviction would be a fine of up to €2,000 for any offence except for a third or subsequent offence within a 12-month period.

For a third or subsequent offence within a 12-month period, they will receive a fine of up to €2,000 and/or up to three months in prison. In all cases conviction for this offence will lead to seven penalty points

Mr Ross said that most people will not be impacted by the new fines and increased penalty points being proposed.

Data collected by the gardaí between 2016 and early 2019, reveals that almost 60% of speeding offences were in the 0-10km or 10-20km over bracket and so would not face a higher fixed charge under the proposals.

However, 26.7% who were caught in the 20-30 bracket would receive a higher fixed charge and penalty points.

It is also proposed to introduce an appeals mechanism which would allow the public to question speed limits on particular roads or areas and these queries would be considered by roads authorities.

As part of this, if an individual or group believe that a particular speed limit in some location is not correct (too high or too low), a technical review which takes account of the Speed Limit Guidelines will be undertaken by a competent assessment panel.

David Staunton, a barrister who specialises in road traffic law said a graduated system is more equitable and fair in that it takes into account the level of culpability on the part of the driver.

Obviously there have been some instances where a person might be less than 10km over the limit and they would be treated in the same way that a person who was driving far in excess of the speed limit. Clearly that's not very fair.

The proposals are to be welcomed," he told RTÉ's Sean O'Rourke show.