The 24-hour driving ban and a fine was given in Athy District Court last week
A legal loophole has led to a driver being banned from driving for 24 hours and avoiding the penalty points threshold that would lead to a ban of up to six months.
The 24-hour ancilllary disqualification was granted at Athy District Court last week by judge Desmond Zaidan, in which the female driver admitted to using a mobile phone whilst driving.
The loophole, first highlighted by The Irish Times last year, is the application of section 2.8 of the Road Traffic Act 2002.
Section 2.8 provides, where a person admits or is convicted of a penalty points offence, and an ancillary disqualification order is made in respect of that offence, those penalty points shall not be endorsed on the person’s licence.
Section 2.8 does not specify the period of disqualification.
This particular loophole has led to the inclusion of an amending provision in the Road Traffic Act 2024, which would close the loophole.
Section 8A of the Road Traffic Act 2024 is among several provisions of the 2024 Act yet to be commenced.
As reported by The Irish Times, judge Zaidan has previously granted numerous similar applications brought by solicitor Tim Kennelly on behalf of drivers who faced exceeding the 12 penalty points threshold.
In this case at Athy District Court, the woman was also fined €500, in which she has three months pay.
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