Penalty points loophole to be closed at the end of March

Legislation closing a so-called loophole allowing some motorists to avoid a six-month driving ban will come into effect at the end of the month.
Section 4 of the Road Traffic Act 2024 amends the Road Traffic Act 2002 to prevent drivers who have accumulated penalty points and are due for a six-month disqualification instead receiving an ‘ancillary’ disqualification for a shorter time.
The amended provisions will come into effect on 31 March 2025.
Some motorists have managed to benefit from the legislative position that penalty points are not applied following conviction for a penalty point offence where the court imposes an ancillary disqualification.
In some cases, judges have agreed to impose 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 legislative changes taking effect on 31 March 2015 will mean that penalty points will also be endorsed where an ancillary disqualification is made for a period of six months or less.
Transport minister Darragh O’Brien 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.”
Seán Canney, the minister of state for international and road transport, logistics, rail and ports, said: “I welcome the commencement of section 4 of the Road Traffic Act 2024 in relation to ancillary disqualifications and penalty points.
“This provision will complement our approach and strategy to addressing road safety, specifically those in relation to poor driver behaviour.
“It is vital that drivers uphold and follow the law to ensure that those committing driving offences receive sufficient punishment and — above all — that are roads are kept safe for all users.”