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Points Farce

Printed From: Bavarian-Board.co.uk - BMW Owners Discussion Forum
Category: Regional & Specific Forums
Forum Name: Irish Forum
Forum Discription: where Irish members can discuss upcoming events, etc.
URL: http://www.bavarian-board.co.uk/forum_posts.asp?TID=10265
Printed Date: 03-May-2024 at 20:04


Topic: Points Farce
Posted By: Richie
Subject: Points Farce
Date Posted: 02-September-2004 at 05:16
Did everyone see the article in the times yesterday about how it's taking 14 months for the endorsement to hit your licence. http://www.ireland.com/newspaper/motoring/2004/0901/2665236908MOT01LEAD.html - Article
The law states that the 3 year endorsement starts then.So really you get a 4 year+ endorsement.
I think I'm right in saying that technically you have no points on your licence until you receive notice of endorsement.Why declare any points to the insurance companies now then???? We're losing the 10-17% discount.

Any thoughts on this anyone??



Replies:
Posted By: Mac
Date Posted: 02-September-2004 at 05:45

That's another example of some half baked idea from the Government. I got 2 in Nov last and they weren't added until March. If they put as much effort into catching the crims and vandals, we'd all be better off. I wasn't the Limerick motorist by the way....

Mac



Posted By: kbannon
Date Posted: 02-September-2004 at 05:51

There was another article a few weeks ago about some young one from Leixlip who began a new job which she drove to. On her [unfamiliar] route she drove past the Gatso on the N4 opposite the Spa Hotel which picked her up speeding.
In her defence she said that she thought the limit was 60 and that she hadn't noticed the 50mph signs on the slip road onto the N4 (because she was concentrating on merging, even though the signs are a distance back from this point).

Anyway, she knocked up 12 points within a month. By then time she heard about the first two points she had already been banned from driving.

Personally, Im glad that so far I still have not recieved any points (not that I would speed!). However, there doesn't seem to be any real consistency in the lengths of time taken between the offence and the  punishment date. This girl found out about all of her offences within about two months whereas many others say it has taken much much longer.

Also according to the article, the duration between offence and punishment will be reduced when the private companys come in to help process the photos. Will this also coincide with the introduction of private speed cameras? I know how fair they will be!



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Current: 2009 E60 520d "Sport" tractor
Previous: 1989 E30 320i SE
1997 E39 523i
2003 E39 525i Sport Individual


Posted By: Richie
Date Posted: 02-September-2004 at 05:59
So what do you reckon,are we penalty point free until we receive the letter stating that the endorsement will take effect???


Posted By: Graham G
Date Posted: 02-September-2004 at 06:05

I can imagine their strategy in camera placement - pick a nice stretch of road, good surface with a rediculous 30 limit and CHI-CHING!

I'm all in favour of reducing road carnage by enforcing FAIR speed limits and policing these FAIRLY.  By that I mean warn the public of a dangerous bend and advertise that there are likely to be speed cameras there.  None of this hiding behind big road signs trying to meet monthly targets.

No points thus far to my knowledge but I'll have to wait 14 months before I can confirm this.



Posted By: Richie
Date Posted: 02-September-2004 at 06:08
I'm going to ring my Insurance company and ask for their definition of "having points".If it's an endorsement they are looking for I'm going to retract that I have 2 points and request my 10% discount.


Posted By: kbannon
Date Posted: 02-September-2004 at 06:48

You don't have points until your licence is endorsed by the Gardai. You would find out about them 'shortly' afterwards.
I think that Hibernian have access to the points database so they may know you have points before you do.



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Current: 2009 E60 520d "Sport" tractor
Previous: 1989 E30 320i SE
1997 E39 523i
2003 E39 525i Sport Individual


Posted By: Richie
Date Posted: 02-September-2004 at 06:57
I wonder if Hibernian will honour 3 years from when they use it to un-qualify you from the discount and not what is officially on your licence.......I don't think so.

This is a serious issue and I'm thinking that if put into the courts a case could be won and you'll walk with no points.I've had advice from ex-gardai already and I have a few legal avenues I'm lookin at.

In the meantime if I get another fine I won't be declaring it until I get my letter.


Posted By: Robbie Bradford
Date Posted: 02-September-2004 at 07:35

Killian is right Richie, unless your licence is endorsed by the Gardai then say nowt. Unfortunately i dont think they'll let you off the hook regarding the two points, but a mention of legal action might soften them up.

I have no points(that i know of at the moment!) but if i had i think it would come down to a toss of a coin as to wheter to tell them or not, if they have a database and rumble me well then fair enough.

The fact of the matter is that they have been ripping us all off for a very long time now, and as with everything in this country until people start making noise the practice of rip off Ireland continues. The Gardai dont have the resources to stop crime never mind handing out endorsements, so once more we have to farm out work to private companies and the government will probably increase road tax to pay them.....aint life brilliant!



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Posted By: Richie
Date Posted: 02-September-2004 at 07:59
Robbie,you'll know if you have points cos the fine usually comes out within a month or so but apparently thats just the fine....there is a letter of endorsement too I believe and until you get that I think your licence is clean.



Posted By: kbannon
Date Posted: 02-September-2004 at 08:10

I had believed it that your licence was clean until the polis endorsed your licence, not when you find out about it. This does not coincide with when you find out about it (as that one from leixlip found out).
Due to delays in processing letters, post, etc. there could be a big gap between the two.
I'm being pedantic but hey!



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Current: 2009 E60 520d "Sport" tractor
Previous: 1989 E30 320i SE
1997 E39 523i
2003 E39 525i Sport Individual


Posted By: IamSpartacus
Date Posted: 02-September-2004 at 09:08

I'd have thought that once you have the letter, you have the points - even if they haven't actually been applied to your licence. If you failed to declare them you could find your insurance void as a result of your non-disclosure.

Many companies now ask if you have anything pending as well to avoid this problem.



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The world is a tragedy to those who feel, but a comedy to those who think.


Posted By: kbannon
Date Posted: 02-September-2004 at 09:19
Originally posted by Derek M5 Derek M5 wrote:

I'd have thought that once you have the letter, you have the points - even if they haven't actually been applied to your licence. If you failed to declare them you could find your insurance void as a result of your non-disclosure.

Many companies now ask if you have anything pending as well to avoid this problem.

My point was that it is more likely that you could have points on your licence well before you recieve the letter telling you of them.



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Current: 2009 E60 520d "Sport" tractor
Previous: 1989 E30 320i SE
1997 E39 523i
2003 E39 525i Sport Individual


Posted By: IamSpartacus
Date Posted: 02-September-2004 at 09:51

You would have points pending on your licence, but until you have been formally notified by way of the notice of endorsement they can't be effective.

Otherwise you'd have a situation whereby the girl mentioned above could also be done for driving while banned.



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The world is a tragedy to those who feel, but a comedy to those who think.


Posted By: kbannon
Date Posted: 02-September-2004 at 10:06
According to http://www.examiner.ie/pport/web/Full_Story/did-sg3wrHCn4VROIsg7IQHSmeYhNE.asp - de examinor she had the points before she was informed of them and therefore driving illegally.

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Current: 2009 E60 520d "Sport" tractor
Previous: 1989 E30 320i SE
1997 E39 523i
2003 E39 525i Sport Individual


Posted By: Richie
Date Posted: 02-September-2004 at 10:10
Have to get clarification on this from the Gardai I guess.Has anyone received "The letter"???


Posted By: Dergside
Date Posted: 02-September-2004 at 13:50

I got a ticket last October (from a checkpoint rather than a camera).  I got my on the spot fine from the copper and paid it.  As of now, I still haven't had any notice of points being applied.  When I had my renewals I asked my broker what I should declare, and their advice was that until I was notified, I didn't actually have the points and therefore didn't need to declare having points, but that if/when I got the notice was the point at which the clock started ticking on the 3 years.

I had thought that with so much time having elapsed that the chances of actually getting the points might be diminishing, but the press coverage recently seems to suggest that that is just wishful thinking.

Afraid to ask too many questions in case it really HAS slipped through the net and I end up reminding them about it!



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Now: BMW 523i SE '00, 318i SE - e91 '07, 325i Coupe '93.

Prev:
e46 328i SE Touring, 330Ci, 318Ci.
e39 523i SE.
e36 325i Coupe *2, 323i SE, 316iSE.
e30 325iSE 2dr, 320i Conv, 320i 2dr, 316i.


Posted By: Richie
Date Posted: 03-September-2004 at 05:01
Here's a response from my Insurance Broker:

As far as I am aware, it is the same as the old convictions in that the insurers will either load the policy or decline to quote if someone has a conviction or a conviction pending on their license. This would be the same for penalty points, in that if the client did not declare that they had penalty points pending on their license then they would negate the policy under the duty of disclosure.

Basically we're screwed and have points for 4.5 years not 3. I reckon letters to the Minister and a push from http://www.mijag.com - MIJAG is required now.


Posted By: kbannon
Date Posted: 03-September-2004 at 05:18
I remember being at one of the earliest MIJAG metings in Tallaght. Sadly very little has happened since then (no disrespect to MIJAG) but I don't think the right wing Govt. we have listen to socialists/young people!

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Current: 2009 E60 520d "Sport" tractor
Previous: 1989 E30 320i SE
1997 E39 523i
2003 E39 525i Sport Individual


Posted By: kdevitt
Date Posted: 04-September-2004 at 13:21
Hibernian ask you to sign a section asking if you have points or have been notified that you will be receiving points, so it will more likely be 4 years than 3 years that they affect me... Got done a few weeks back by a guard in someones front garden....


Posted By: Richie
Date Posted: 05-September-2004 at 19:16
How do you mean in someones front garden Ken??????


Posted By: IamSpartacus
Date Posted: 06-September-2004 at 02:28
Did you check that they had permission to be there??

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The world is a tragedy to those who feel, but a comedy to those who think.


Posted By: kdevitt
Date Posted: 06-September-2004 at 11:02
On the Mitchelstown - Fermoy road , guy was standing behind the wall of someones front garden - no patrol car or bike around. The guy who owned the house was out cutting his lawn and was a nosey fecker - listening to every word as I tried to weasel my way out of the points for twenty minutes.... even got my surname wrong...


Posted By: IamSpartacus
Date Posted: 06-September-2004 at 11:06
Doesn't sound right but if they had permission then you're probably screwed

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The world is a tragedy to those who feel, but a comedy to those who think.


Posted By: Richie
Date Posted: 06-September-2004 at 11:09
Wrong surname.....hmmmm....get off on a technicality!!! Amazing what they do to get you doin 10mph above the limit isn't it.
Considering todays news of the 10 people killed on the roads over the weekend,you think the Gardai might get off the 30mph roads where there hasn't ever been accidents and patrol the country and back roads where all the nutters are doing 70mph.
Makes me puke that noone is questioning the Gardai on why they stand out in non dangerous areas shooting fish in barrells.


Posted By: kdevitt
Date Posted: 06-September-2004 at 11:59
There are virtually no loopholes anymore - I paid up after speaking with a solicitor and the gardai.

Spoke to a guy in Cork who's firstname, surname and reg nr were all wrong on the ticket - he took it to court and got landed with 4 points!


Posted By: Richie
Date Posted: 06-September-2004 at 12:09
Ye just can't fight the sysytem can you.


Posted By: Simatic
Date Posted: 06-September-2004 at 13:17

That’s the part I really have a problem with… double points if you loose an appeal.

I completely agree there needs to be some way to discourage people chancing their arm and blocking up the courts with senseless appeals, but this should not be by penalising the offence twice.

A fine to cover the court costs would be much more appropriate and just as far as I’m concerned.

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I miss me beemer!


Posted By: Robbie Bradford
Date Posted: 06-September-2004 at 13:40

Its all a money making exercise if you ask me, God forbid anyone challenges the law makers. Technicalities obviously dont apply to "ordinary decent criminals". Sorry lads but i'm thinking of selling me BM already, gonna get me a scooby and a jcb and rip some atm's out of some buildings, then just pay me speeding fines with the cash.



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Posted By: Robbie Bradford
Date Posted: 06-September-2004 at 13:42
Better still, could probably afford a new M5 and join the club again, all is not lost

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http://www.BMW-driver.net/forum/forumdisplay.php?f=21 - http://www.BMW-driver.net/forum/forumdisplay.php?f=21




Posted By: Richie
Date Posted: 06-September-2004 at 13:50
Thats some nice forward thinking Robbie I hope you're not really thinkin of sellin the M3 are you?????


Posted By: kdevitt
Date Posted: 06-September-2004 at 13:50
Thing is - I now drive about 2500 miles a month with my job. If I sped everywhere I'd have no licence, and 99.99% of the time I'm extremely cautious on the road. This one time though I was overtaking two artic's who'd pulled onto the hard shoulder to let me past, and I decided to keep the foot down. Completely my own fault, and I don't really feel overly agrieved - was redlining it in 3rd. Am just grateful I didn't get zapped any earlier.

BUT... doing so many miles a month gives a new found appreciation of how ridiculous the whole penalty points thing is - I drive on some very dangerous roads and have never seen any sort of speed trap - they are all on the main roads, even saw a guard hiding in a bush on the Portlaois bypass - the missus can verify that one, or a gatso parked in Littleton just behind the 30mph sign, giving you no time to slow down.

Some thought should go into discouraging reckless and dangerous driving - speed isn't as big a factor in accidents as the governent and gardai would have you believe.


Posted By: Richie
Date Posted: 06-September-2004 at 13:56
I agree.Speed isn't the killer-it's the stupid carry on of the driver that does it and if I'm being picky,the really old cars dont help either.I saw pics of the weekends crashes and they are all ancient cars with little or no protection in them.
Why do the young drive them?? Cos the tax and insurance is too high to come up in years and afford such luxuries as an airbag or side impact!


Posted By: Robbie Bradford
Date Posted: 06-September-2004 at 15:39
Richie, just got the car running sweetly so not a chance of us parting company. I will be taking her to Mondello for BDD, i'd imagine its some buzz. Trying to rebulid funds for mods to begin, but the power and  factor are enough for the moment. I think everyone should have one, finances permitting of course. A dude in work just bought a scooby WRX, wouldnt swap the M3 for two of them.

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Posted By: Richie
Date Posted: 06-September-2004 at 16:07
Phew


Posted By: kdevitt
Date Posted: 07-September-2004 at 15:17
BAD NEWS!! My friend recived 2 points a fortnight ago (after being followed for 10 miles by the gardai). He's a named driver on his wifes policy with Hibernian - shes declared his impendning points when she renewed last week and her policy went up €100 as a direct result of it!


Posted By: Robbie Bradford
Date Posted: 07-September-2004 at 15:43

First of all points are in no way good, but 100 squid is not that bad. I wonder how much extra a bloke would have to pay for same..... a much LARGER sum i would imagine.



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Posted By: kdevitt
Date Posted: 08-September-2004 at 06:09
Thats 100 quid extra for my friend as a named driver on the policy!! 30 years old and 6 years NCB.... The whole policy was only 500.


Posted By: kbannon
Date Posted: 08-September-2004 at 10:01
on a kind of similar note: Gardaí seize speed trap detectors

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Current: 2009 E60 520d "Sport" tractor
Previous: 1989 E30 320i SE
1997 E39 523i
2003 E39 525i Sport Individual


Posted By: Robbie Bradford
Date Posted: 08-September-2004 at 11:19

Originally posted by kdevitt kdevitt wrote:

Thats 100 quid extra for my friend as a named driver on the policy!! 30 years old and 6 years NCB.... The whole policy was only 500.

Now i see, it looks alot in that case, am afraid to think what it would be in my case.......tell you what i'm not gonna think about it 



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