S.I. No. 149 of 2009

ROAD TRAFFIC ACT 2002 (COMMENCEMENT OF CERTAIN PROVISIONS) (PENALTY POINTS) ORDER 2009

Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 24th April, 2009.

I, NOEL AHERN, Minister of State at the Department of Transport, in exercise of the powers conferred on me by section 26 of the Road Traffic Act 2002 (No. 12 of 2002) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )) and the Transport (Delegation of Ministerial Functions) (Road Traffic) Order 2008 ( S.I. No. 320 of 2008 ), hereby order as follows:

1. This Order may be cited as the Road Traffic Act 2002 (Commencement of Certain Provisions) (Penalty Points) Order 2009.

2. The day fixed as the day on which the following provisions of the Road Traffic Act 2002 (No. 12 of 2002) namely-

(a) the matter mentioned at-

(i) reference numbers 2, 3, 10 and 19 (inserted by section 16(2)(c) of the Road Traffic Act 2006 (No. 23 of 2006)) in columns (1) to (5) of Part 1, and

(ii) reference number 1 in columns (1) to (5) of Part 8 (inserted by section 16(2)(e) of that Act),

of the First Schedule to that Act, and

(b) to the extent specified in relation to them-

(i) sections 8 and 22 in so far as they apply to the offences specified at the reference numbers specified in paragraph (a) committed after 1 May 2009, and

(ii) section 25(2) as respects offences specified at those reference numbers, committed after 1 May 2009, in so far as it applies to the repeal of subsections (1) and (2) of section 36 of the Road Traffic Act 1961 (No. 24 of 1961),

come into operation is 1 May 2009.

GIVEN under my hand,

9 April 2009

NOEL AHERN,

Minister of State at the Department of Transport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order brings into effect the penalty point system in respect of the following offences: the use of a mechanically propelled vehicle without a test certificate; the use of a mechanically propelled vehicle without a certificate of roadworthiness; driving a dangerously defective mechanically propelled vehicle; driving a mechanically propelled vehicle before remedying a dangerous defect, and bridge strikes.