Legal Loophole Allows Driver to Evade Six-Month Ban
A judicial oversight lets a woman using a phone while driving face only a 24-hour ban instead of six months.
A legal loophole has led to a driver who admitted using a mobile phone while driving being given a 24-hour driving ban and avoiding reaching the penalty points threshold involving a ban of up to six months.
Judge Desmond Zaidan granted the 24-hour ancillary disqualification order at Athy District Court last Tuesday, following the enactment of a law to close this loophole, which has yet to commence.
This amending provision was included in the Road Traffic Act 2024 after the loophole was highlighted by The Irish Times over a year ago.
Fianna Fáil justice spokesman Jim O’Callaghan said it is crucial for the minister to commence this statutory provision so the loophole can be closed, fulfilling the intent of the Oireachtas.
Barrister David Staunton noted that Section 8A of the Road Traffic Act 2024, aimed at eliminating this loophole in section 2.8 of the Road Traffic Act 2002, is among several provisions yet to commence.
A driver reaching 12 penalty points must face a six-month disqualification.
However, Section 2.8 has been exploited by a few drivers to avoid this.
It allows that when a person is convicted of or admits to a penalty points offense, and an ancillary disqualification order is made, those points are not added to the driver's license.
The provision does not set a minimum duration for an ancillary disqualification, making it a discretionary rather than mandatory measure for judges.
Drivers nearing 12 points who attend court after not paying a fixed-charge notice fine and admit to the offense could reach 12 points and face a six-month ban.
However, they can evade such penalties with a brief ancillary disqualification order.
Judge Zaidan has previously approved similar applications for drivers approaching the 12-point mark.
Last Tuesday, he approved another application on a client of solicitor Tim Kennelly's behalf.
On confirming Section 8A had not commenced, he granted the request, unopposed by the gardaí.
The case involved a woman who admitted to phone use while driving.
Her conviction was set aside by Judge Zaidan last July at Naas District Court.
An application for an ancillary 24-hour order, initially adjourned, was finally granted last Tuesday.
The woman also received a €500 fine, payable in three months.
The penalty points system, introduced in October 2002, aims to enhance driver responsibility and reduce road injuries and fatalities.
The Road Safety Association describes penalty points as a formal reprimand by the gardaí, noted on a driver's license, indicating a specific offense.
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Judge Desmond Zaidan granted the 24-hour ancillary disqualification order at Athy District Court last Tuesday, following the enactment of a law to close this loophole, which has yet to commence.
This amending provision was included in the Road Traffic Act 2024 after the loophole was highlighted by The Irish Times over a year ago.
Fianna Fáil justice spokesman Jim O’Callaghan said it is crucial for the minister to commence this statutory provision so the loophole can be closed, fulfilling the intent of the Oireachtas.
Barrister David Staunton noted that Section 8A of the Road Traffic Act 2024, aimed at eliminating this loophole in section 2.8 of the Road Traffic Act 2002, is among several provisions yet to commence.
A driver reaching 12 penalty points must face a six-month disqualification.
However, Section 2.8 has been exploited by a few drivers to avoid this.
It allows that when a person is convicted of or admits to a penalty points offense, and an ancillary disqualification order is made, those points are not added to the driver's license.
The provision does not set a minimum duration for an ancillary disqualification, making it a discretionary rather than mandatory measure for judges.
Drivers nearing 12 points who attend court after not paying a fixed-charge notice fine and admit to the offense could reach 12 points and face a six-month ban.
However, they can evade such penalties with a brief ancillary disqualification order.
Judge Zaidan has previously approved similar applications for drivers approaching the 12-point mark.
Last Tuesday, he approved another application on a client of solicitor Tim Kennelly's behalf.
On confirming Section 8A had not commenced, he granted the request, unopposed by the gardaí.
The case involved a woman who admitted to phone use while driving.
Her conviction was set aside by Judge Zaidan last July at Naas District Court.
An application for an ancillary 24-hour order, initially adjourned, was finally granted last Tuesday.
The woman also received a €500 fine, payable in three months.
The penalty points system, introduced in October 2002, aims to enhance driver responsibility and reduce road injuries and fatalities.
The Road Safety Association describes penalty points as a formal reprimand by the gardaí, noted on a driver's license, indicating a specific offense.
* Sign up for push alerts and receive the best news, analysis, and comment directly to your phone.
* Join The Irish Times on WhatsApp and stay updated.
* Listen to our Inside Politics podcast for the best political chat and analysis.
