Penalty points question

rob 5150

Hi guys new to this board and my first post is a sad one for me anyway, got stopped tonight by the gardai,and I got done for everything,which is a total of 8 penalty points,I passed my test in February and got my full licence on the second of august,does this mean the 7 Point's cap applies to me (I tried reading the legislation but the wording is confusing) or do I just have a massive fine coming my way any advice would be greatly appreciated.

K.Flyer

rob 5150 wrote: »

Hi guys new to this board and my first post is a sad one for me anyway, got stopped tonight by the gardai,and I got done for everything, which is a total of 8 penalty points,I passed my test in February and got my full licence on the second of august,does this mean the 7 Point's cap applies to me (I tried reading the legislation but the wording is confusing) or do I just have a massive fine coming my way any advice would be greatly appreciated.

What do you mean by "everything"?

coylemj

The lower threshold of 7 penalty points does not apply to you, it only applies to people who got their first learner permit on or after August 1st 2014.

Q2. If I have a learner permit before 1 August 2014 will the lower disqualification threshold of penalty points apply to me with effect from that date?

Ans: No, the existing disqualification threshold of 12 or more penalty points will apply to you. This is regardless of whether you are driving under a learner permit, or as a novice driver during the first 2 years of holding a driving licence.

It's Q.2 on p.9 of this document (PDF download)

http://www.rsa.ie/Documents/Licensed%20Drivers/FAQs_%20on_N_plates.pdf

Toyotafanboi

maybe i imagined this, but if you commit multiple offences at the same time, don't you just get points for whichever carries the highest rating.

so say you were driving on a footpath (1 point) with no NCT (3 points) that's 4 points altogether, but you only get 3 points because, you only get points for the highest rated offence?

rob 5150

K.Flyer wrote: »

What do you mean by "everything"?

I had no n plates,tax is a few days out,they stopped me for running a red light which is the only thing I would debate against,I had two for speeding before hand,just worried imight lose my licence as I need it for work

coylemj

Toyotafanboi wrote: »

maybe i imagined this, but if you commit multiple offences at the same time, don't you just get points for whichever carries the highest rating.

so say you were driving on a footpath (1 point) with no NCT (3 points) that's 4 points altogether, but you only get 3 points because, you only get points for the highest rated offence?

So if your NCT is out of date (3 points), you get to drive on the footpath (1 point) and you can ignore school wardens (2 points) and drive the wrong way down a motorway (2 points) and refuse to stop when indicated to do so by a Garda (2 points)? Very dodgy logic there mate!

They can throw the book at you for each and every offence, as the OP discovered tonight.

Cee-Jay-Cee

The legislation is confusing as it says if you were the holder of a learner permit before 1st August....Technically you weren't a full/novice licence holder as you hadn't sent off for one. Ring the RSA and ask.

Aint Eazy Being Cheezy

Toyotafanboi wrote: »

maybe i imagined this, but if you commit multiple offences at the same time, don't you just get points for whichever carries the highest rating.

so say you were driving on a footpath (1 point) with no NCT (3 points) that's 4 points altogether, but you only get 3 points because, you only get points for the highest rated offence?

You didn't imagine it, I read this somewhere too, and had the exact same conversation with someone on here. Someone actually provided a link to back it up as well.

rob 5150

Thanks so much guys,was so worried,was half expecting to be lectured but your a sound bunch

Toyotafanboi

coylemj wrote: »

So if your NCT is out of date (3 points), you get to drive on the footpath (1 point) and you can ignore school wardens (2 points) and drive the wrong way down a motorway (2 points) and refuse to stop when indicated to do so by a Garda (2 points)? Very dodgy logic there mate!

They can throw the book at you for each and every offence, as the OP discovered tonight.

it is actually the case. a quick google you have to pay the fine for each individual offence, but you only get points for the highest weighted one.

http://www.garda.ie/controller.aspx?page=1654

If it has been alleged that you have committed multiple Penalty Point offences in the same incident, only the highest value Penalty Points will be recorded on your driving licence record, e.g. if you pay two Fixed Charge Notices for having Crossed a Continuous White Line, which carries 1 Penalty Point on payment, and Failure to Wear a Safety-Belt, which carries 2 Penalty Points on payment, in the same incident, you will receive 2 Penalty Points for that incident.

Aint Eazy Being Cheezy

http://www.boards.ie/vbulletin/showpost.php?p=80668556&postcount=18

Here's the link which says you only receive the points for the highest offence on the scale.

rob 5150

If that's true it's better again

Toyotafanboi

rob 5150 wrote: »

If that's true it's better again

good news for you, yes.

still, the potential to gain 8 points in one go. you must have done something bad enough, there's a lesson in that for you somewhere. but that's another thread

Aint Eazy Being Cheezy

Toyotafanboi wrote: »

good news for you, yes.

still, the potential to gain 8 points in one go. you must have done something bad enough, there's a lesson in that for you somewhere. but that's another thread

Yeah, that's at least 3 offences. Go on, what'd ya do?!

rob 5150

Toyotafanboi wrote: »

good news for you, yes.

still, the potential to gain 8 points in one go. you must have done something bad enough, there's a lesson in that for you somewhere. but that's another thread

That's true,never even crossed my mind that it would cause this much of a problem, garda said he would of taken the car only he knew my passenger,huge lesson,may just get her taxed.

CiniO

Toyotafanboi wrote: »

g

still, the potential to gain 8 points in one go. you must have done something bad enough, there's a lesson in that for you somewhere. but that's another thread

Well he already said what he did

rob 5150 wrote: »

I had no n plates,tax is a few days out,they stopped me for running a red light which is the only thing I would debate against,I had two for speeding before hand,just worried imight lose my licence as I need it for work

2 points for lack on N plates, and 3 points for running a red light.
No points for expired tax.

So at this occasion, according to what's been said in this thread OP is going to get only 3 points. That will be on top of 2 he already had, so 5 together.
Could be worse.

rob 5150

The Cunning Linguist wrote: »

Yeah, that's at least 3 offences. Go on, what'd ya do?!

Running red light,no tax, no licence on me. No n plates,I'm not even sure I was so nervous, searched the car and both phones.

Toyotafanboi

i didn't think there was any points going for no tax? there wasn't the last time i was done anyway (around 4 years ago).

not having a license on you is a basic one that will a piss a gard off and set you off on a bad footing with them, same with no N plates if that's what you're referring to.

edit: and what colour bora is it? :pac:

challengemaster

I wouldn't get your hopes up just yet... They could decide to summons you for careless driving, mandatory court appearance and likely 5 points... which would put you off the road.

rob 5150

challengemaster wrote: »

I wouldn't get your hopes up just yet... They could decide to summons you for careless driving, mandatory court appearance and likely 5 points... which would put you off the road.

Would I of been told on the spot,he said I could expect fines in the post.

rob 5150

Toyotafanboi wrote: »

i didn't think there was any points going for no tax? there wasn't the last time i was done anyway (around 4 years ago).

not having a license on you is a basic one that will a piss a gard off and set you off on a bad footing with them, same with no N plates if that's what you're referring to.

edit: and what colour bora is it? :pac:

Silver golf,but close enough

pa990

rob 5150 wrote: »

If that's true it's better again

It's true.

You'll get one set of points (for the highest offence)
And the monetary fine for that and each other offence. .


Ie. If u were stopped for speeding the wrong way down a motorway, with no tax, an expired NCT, with a few blown bulbs, and failed to stop for the Gardai. ( and drove the wrong way around a roundabout prior to joining the motorway)

You'd only get 3 points plus a lot of fines

9935452

rob 5150 wrote: »

Running red light,no tax, no licence on me. No n plates,I'm not even sure I was so nervous, searched the car and both phones.

Can i ask why no N plates, Its a stupid thing to get caught for and get penalty points. You are in a car that boy racers have , thus the guards will stop for just that reason. I know , i had a 02 1.4 petrol golf, always had tax nct and insurance and coming up to checkpoints a lot of cars just got waved on and i nearly always got pulled over and got the usual questions , where are you going, where are you coming from etc,

How long is your tax out for. you say a few days, It has to be at least a month. you posted this on the last day of january.

Lastly as another poster said carry your license, this just pisses the guards off. you were lucky they didnt take the car off you

corktina

not the crime of the century, you'll be OK. I guess it's the red light one you'll get the points for.

slimjimmc

9935452 wrote: »

Can i ask why no N plates, Its a stupid thing to get caught for and get penalty points. You are in a car that boy racers have , thus the guards will stop for just that reason. I know , i had a 02 1.4 petrol golf, always had tax nct and insurance and coming up to checkpoints a lot of cars just got waved on and i nearly always got pulled over and got the usual questions , where are you going, where are you coming from etc,

How long is your tax out for. you say a few days, It has to be at least a month. you posted this on the last day of january.

Lastly as another poster said carry your license, this just pisses the guards off. you were lucky they didnt take the car off you

Unfortunately there is no such allowance in law. A Garda/Traffic Warden may use their discretion but they are well within their powers to fine for no motor tax/no disc even if it expired an hour ago. You have 1 month to renew your tax without incurring arrears but that does not permit you to use the car in a public place in the meantime.

twowheelsonly

rob 5150 wrote: »

That's true,never even crossed my mind that it would cause this much of a problem, garda said he would of taken the car only he knew my passenger,huge lesson,may just get her taxed.

You say that as if you're thinking about maybe getting it taxed????
Do it straight away and stop brining atention to yourself/

slimjimmc wrote: »

Unfortunately there is no such allowance in law. A Garda/Traffic Warden may use their discretion but they are well within their powers to fine for no motor tax/no disc even if it expired an hour ago. You have 1 month to renew your tax without incurring arrears but that does not permit you to use the car in a public place in the meantime.

I think you picked him up wrong there. He was pointing out to the OP that the tax must have been out at least a month and not a few days as the OP was claiming.

slimjimmc

twowheelsonly wrote: »

I think you picked him up wrong there. He was pointing out to the OP that the tax must have been out at least a month and not a few days as the OP was claiming.

Ahhh I see what you mean. Could be that alright.

9935452

twowheelsonly wrote: »

You say that as if you're thinking about maybe getting it taxed????
Do it straight away and stop brining atention to yourself/



I think you picked him up wrong there. He was pointing out to the OP that the tax must have been out at least a month and not a few days as the OP was claiming.

Thanks , that was exactly what i was saying/meant.
The story was told to make the op look as innocent as possible

rob 5150

Just to revive a dead thread, I have spoken to the gard since and the arse fell out of the whole thing and nothing ever came of it.

Truckermal

rob 5150 wrote: »

Just to revive a dead thread, I have spoken to the gard since and the arse fell out of the whole thing and nothing ever came of it.

Lucky man..;)