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Road Traffic Act, 2002

FIRST SCHEDULE

Section 2.

Penalty Points

PART 1

Contravention of Certain Statutory Provisions

The offences specified in column (2) of this Part at reference numbers 2, 3, 8, 9, 10, 11, 12 and 14 do not include offences on conviction of which the court is required to make a consequential disqualification order.

Reference Number

Offence

General Description of Offence

Penalty Points on Payment of Fixed Charge

Penalty Points on Conviction

(1)

(2)

(3)

(4)

(5)

1

Offence under section 12 of Road Traffic Act, 1961

Using vehicle—

(a) whose weight unladen exceeds maximum permitted weight,

1

3

(b) whose weight laden exceeds maximum permitted weight, or

(c) any part of which transmits to ground greater weight than maximum permitted weight.

2

Offence under section 18 of Road Traffic Act, 1961

Using vehicle without test certificate

5

3

Offence under section 20 (10) of Road Traffic Act, 1961

Driving vehicle before remedying dangerous defect

3

4

Offence under section 38 of Road Traffic Act, 1961

Driving without a licence

2

5

5

Offence under section 39 of Road Traffic Act, 1961

Applying for a licence while disqualified for so applying

1

3

6

Offence under section 40 of Road Traffic Act, 1961

Failure to produce a licence to member of Garda Síochána

1

3

7

Offence under section 47 of Road Traffic Act, 1961

Exceeding a speed limit

2

4

8

Offence under section 48 of Road Traffic Act, 1961

Driving vehicle when unfit

3

9

Offence under section 52 of Road Traffic Act, 1961

Careless driving

5

10

Offence under section 54 of Road Traffic Act, 1961

Driving dangerously defective vehicle

5

11

Offence under section 55 of Road Traffic Act, 1961

Parking vehicle in dangerous position

5

12

Offence under section 56 of Road Traffic Act, 1961

Using vehicle without insurance or guarantee

5

13

Offence under section 96 of Road Traffic Act, 1961

Failure to stop vehicle at school warden sign

1

4

14

Offence under section 106 of Road Traffic Act, 1961

Breach of duties on occurrence of accident

5

15

Offence under section 109 of Road Traffic Act, 1961

Failure to stop vehicle when so required by member of Garda Síochána

2

5

16

Offence under section 115 of Road Traffic Act, 1961

Furnishing false or misleading particulars in connection with application for licence

1

3

PART 2

Contravention of Certain Provisions of Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 to 2002

In this Part—

(1) “offence” means an offence under section 11 of the Act of 1961,

(2) references to an article at reference numbers 1 to 8 are references to an article of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 ( S.I. No. 190 of 1963 ),

(3) references to an article at reference numbers 9 and 10 are references to an article of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations, 1971 ( S.I. No. 96 of 1971 ),

(4) references to an article at reference numbers 11 and 12 are references to an article of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations, 1978 ( S.I. No. 360 of 1978 ),

(5) references to an article at reference numbers 13 and 14 are references to an article of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations, 1985 ( S.I. No. 158 of 1985 ),

(6) references to an article at reference numbers 15 and 16 are references to an article of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 3) Regulations, 1991 ( S.I. No. 359 of 1991 ), and

(7) references to an article at reference numbers 17, 18 and 19 are references to an article of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations, 1993 ( S.I. No. 299 of 1993 ).

Reference Number

Offence

General Description of Offence

Penalty Points on Payment of Fixed Charge

Penalty Points on Conviction

(1)

(2)

(3)

(4)

(5)

1

Offence consisting of contravention of article 10

Using vehicle whose width exceeds maximum permitted width

1

3

2

Offence consisting of contravention of article 11

Using vehicle whose length exceeds maximum permitted length

1

3

3

Offence consisting of contravention of article 16

Using a vehicle with defective or worn tyres

2

4

4

Offence consisting of contravention of article 23

Using a vehicle from which driver has inadequate view of road and traffic

1

3

5

Offence consisting of contravention of article 24

Using vehicle whose windscreen is not of safety glass or gives distorted view

1

3

6

Offence consisting of contravention of article 25

Using vehicle not fitted with efficient windscreen wiper

1

3

7

Offence consisting of contravention of article 26

Using vehicle not fitted with adequate driving mirror

1

3

8

Offence consisting of contravention of article 46

Using vehicle whose brakes are inadequate

1

3

9

Offence consisting of contravention of article 3

Using vehicle not fitted with adequate anchorage points for safety belts

2

4

10

Offence consisting of contravention of article 4

Using vehicle not fitted with safety belts

2

4

11

Offence consisting of contravention of article 10

Using motor cycle without wearing crash helmet

2

4

12

Offence consisting of contravention of article 11

Permitting passenger not wearing crash helmet to be carried on motor cycle

2

4

13

Offence consisting of contravention of article 4

Using vehicle not equipped with rear underrun protective device

1

3

14

Offence consisting of contravention of article 5

Using vehicle not equipped with side-guard

1

3

15

Offence consisting of contravention by driver of a vehicle of article 6

Using vehicle when driver not wearing safety belt or permitting person under 17 to occupy front seat when not wearing safety belt or appropriate child restraint

2

4

16

Offence consisting of contravention of article 7(3)

Driver of vehicle permitting person under 17 to occupy rear seat when not wearing safety belt or appropriate child restraint

2

4

17

Offence consisting of contravention of article 3

Using vehicle not equipped with speed limitation device

1

3

18

Offence consisting of contravention of article 4

Using vehicle equipped with speed limitation device not complying with specified requirements

1

3

19

Offence consisting of contravention of article 5

Using vehicle equipped with speed limitation device not sealed or not sealed in compliance with specified requirements

1

3

20

Offence consisting of contravention of article 4 of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations, 2002 ( S.I. No. 93 of 2002 )

Use by driver of vehicle of mobile phone while in the vehicle in a public place except when the vehicle is parked

1

3

PART 3

Contravention of Certain Provisions of Road Traffic (Lighting of Vehicles) Regulations, 1963

In this Part—

(1) “offence” means an offence under section 11 of the Act of 1961, and

(2) the references to article 9 are references to article 9 of the Road Traffic (Lighting of Vehicles) Regulations, 1963 ( S.I. No. 189 of 1963 ).

Reference Number

Offence

General Description of Offence

Penalty Points on Payment of Fixed Charge

Penalty Points on Conviction

(1)

(2)

(3)

(4)

(5)

1

Offence consisting of contravention of sub-article (1) of article 9

Using vehicle not equipped with required lamps and identification mark lighting

1

3

2

Offence consisting of contravention of sub-article (2) or (3) of article 9

Using trailer not equipped with required lamps and identification mark lighting

1

3

3

Offence consisting of contravention of sub-article (4) of article 9

Using vehicle not equipped with required rear projecting load lamp or lateral projecting load lamp

1

3

4

Offence consisting of contravention of sub-article (5) of article 9

Using trailer not equipped with required marker lamp

1

3

5

Offence consisting of contravention of sub-article (6) of article 9

Using public service vehicle not equipped with required internal lighting

1

3

6

Offence consisting of contravention of sub-article (7) of article 9

Using vehicle not equipped with required direction indicators

1

3

PART 4

Contravention of Certain Provisions of Road Traffic (Traffic and Parking) Regulations, 1997

In this Part—

(1) “offence” means an offence under section 35 of the Act of 1994, and

(2) references to an article are references to an article of the Road Traffic (Traffic and Parking) Regulations, 1997 ( S.I. No. 182 of 1997 ).

Reference Number

Offence

General Description of Offence

Penalty Points on Payment of Fixed Charge

Penalty Points on Conviction

(1)

(2)

(3)

(4)

(5)

1

Offence consisting of contravention of article 7

Contravention of general speed restriction for vehicles

2

4

2

Offence consisting of contravention of article 8

Failure by vehicle to yield right of way

2

4

3

Offence consisting of contravention of article 9

Failure to drive vehicle on left

1

3

4

Offence consisting of contravention of article 10

Dangerous overtaking

2

5

5

Offence consisting of contravention of article 11

Contravention of requirements regarding driving of vehicles at road junctions

1

3

6

Offence consisting of contravention of article 12

Contravention of requirements regarding reversing of vehicles

1

3

7

Offence consisting of contravention of article 13

Contravention of restrictions on driving vehicle on footway

1

3

8

Offence consisting of contravention of article 14(5)

Contravention of restrictions on driving vehicle on cycle track

1

3

9

Offence consisting of contravention of article 15

Contravention of requirement to turn vehicle left onto a roundabout

1

3

10

Offence consisting of contravention of article 16

Contravention of prohibition of driving vehicle along or across median strip

1

3

11

Offence consisting of contravention of article 19

Failure of driver of vehicle to comply with signals given by members of Garda Síochána

1

3

12

Offence consisting of contravention of article 20

Failure to stop vehicle before stop sign or stop line

2

4

13

Offence consisting of contravention of article 21

Failure of vehicle to yield right of way at yield sign or yield line

2

4

14

Offence consisting of contravention of article 22

Failure of vehicle to comply with mandatory traffic signs

1

3

15

Offence consisting of contravention of article 23

Failure of vehicle to comply with prohibitory traffic signs

1

3

16

Offence consisting of contravention of article 24

Failure of vehicle to keep left at certain signs

1

3

17

Offence consisting of contravention of article 25

Crossing of white lines by vehicle

2

4

18

Offence consisting of contravention of article 26

Entry by vehicle on hatched marked area of roadway

1

3

19

Offence consisting of contravention of article 27

Failure by vehicle to comply with traffic lane markings

1

3

20

Offence consisting of contravention of article 28

Failure by vehicle to comply with traffic sign signifying that a roadway not be entered

1

3

21

Offence consisting of contravention of article 30

Failure by vehicle to obey traffic lights or to halt at traffic sign adjacent to such lights

2

5

22

Offence consisting of contravention of article 31

Failure by vehicle to obey traffic lights at railway level crossing or to halt at traffic sign adjacent to such lights

2

5

23

Offence consisting of contravention of sub-article (1)(a) of article 33

Prohibition on driving vehicle against traffic flow on motorway

2

4

24

Offence consisting of contravention of sub-article (1)(b) of article 33

Prohibition on driving vehicle on part of motorway not a carriageway

1

3

25

Offence consisting of contravention of sub-article (1)(d) of article 33

Prohibition of driving vehicles with 50 mph speed limit on outside traffic lane of carriageway of motorway

1

3

26

Offence consisting of contravention of article 34

Passing of sign indicating height restriction by vehicle to which sign applies

2

4

PART 5

Contravention of Article 6 of Road Traffic (Licensing of Drivers) Regulations, 1999

In this Part, the reference to article 20 is a reference to article 20 of the Road Traffic (Licensing of Drivers) Regulations, 1999 ( S.I. No. 352 of 1999 ).

Reference Number

Offence

General Description of Offence

Penalty Points on Payment of Fixed Charge

Penalty Points on Conviction

(1)

(2)

(3)

(4)

(5)

1

Offence under section 42 of Road Traffic Act, 1961, consisting of contravention of sub-article (6)(b)(iv) of article 20

Holder of provisional licence driving vehicle (other than motor cycle) when not accompanied by and under supervision of qualified person

1

3