Gardaí yesterday moved to deny reports that a loophole in the penalty points system had resulted in some speeding motorists escaping endorsement of their licences.
Amid calls from Opposition parties for the loophole to be closed, the Minister for Transport, Mr Brennan, said he would seek the advice of the Attorney General on the matter. "If there is a loophole, it will be closed immediately," he said at the opening of the new Drogheda bypass.
"The PP legislation is only two years old. It is new legislation but if there are glitches, they may be amended. I would ask people not to be dependent on loopholes. People should be aware that penalty points will end up on their licence."
His comments followed media reports which suggested unless the owner or driver of a car caught by GATSO van speed cameras turned up in court and admits the offence, he or she could not be convicted in their absence.
A statement issued by the Garda press office said the Road Traffic Act 2002 created two separate speeding offences under the penalty points system. One offence dealt with speeding, while the other dealt with failing to comply with a declaration "as to who was driving at the time".
"A registered owner or driver who fails to turn up in court to answer to a summons for [the two offences] can be convicted in his/her absence," the statement concluded.
It is understood the confusion arose after some gardaí mistakenly initiated cases against speeding motorists under the Road Traffic Act 1961 rather than the Road Traffic Act 2002. The 2002 Act amended the old legislation to take account of the penalty points system.
The Labour Party's transport spokeswoman, Ms Róisín Shortall, called for the loophole to be closed. "This is a further example of the ham-fisted manner in which the penalty points system has been implemented."
Fine Gael's transport spokesman, Mr Denis Naughton, said Mr Brennan and the Minister for Justice, Mr McDowell, must clarify whether a legal loophole exists or not. He said speed cameras and the GATSO vans "have the potential to dramatically reduce carnage on our roads".