Government Closes Legal Loophole Allowing Drivers to Avoid Full Disqualification

Minister for Transport Darragh O’Brien has signed a Commencement Order for Section 4 of the Road Traffic Act 2024, closing a legal loophole that allowed some drivers to avoid automatic six-month disqualifications by receiving shorter ancillary disqualifications instead.

The change, which comes into effect from 31 March 2025, amends the Road Traffic Act 2002 and ensures that penalty points leading to disqualification cannot be bypassed through court-imposed short-term driving bans.

The Road Traffic Act 2024 was introduced in response to the rising trend in serious road traffic collisions and fatalities in recent years. The legislation is being implemented in phases and includes a broad range of measures, such as penalty point reform, mandatory drug testing at the scene of serious collisions, and changes to default speed limits.

Section 4 specifically targets an unintended consequence in existing legislation. Under the original framework, courts could issue an ancillary disqualification – a separate, often shorter driving ban – in place of penalty points. This meant that drivers facing disqualification due to the accumulation of penalty points could instead receive a brief ban and avoid further penalty points on their licence. In some cases, bans were for less than six months, allowing drivers to return to the roads sooner than intended by the penalty points system.

From March 2025, penalty points will still be applied in cases where a short ancillary disqualification of six months or less is imposed. This will ensure that the automatic disqualification process cannot be circumvented, reinforcing the deterrent effect of penalty points.

Minister for Transport, Darragh O’Brien, commented:

“It is essential that the consequences associated with reckless and dangerous driving appropriately reflect the seriousness of the issue. Today I am pleased to sign the Commencement Order for section 4 of the Road Traffic Act 2024, which reinstates the original purpose of the provisions relating to ancillary disqualifications and penalty points.

This means that drivers who reach the penalty point threshold for a six-month disqualification will now always face the appropriate penalty. This is a positive step towards ensuring fairness and accountability for all road users. Strengthening these measures is crucial to enhancing road safety and protecting lives.”

Minister of State for International & Road Transport, Logistics, Rail and Ports, Seán Canney, added:

“I welcome the commencement of section 4 of the Road Traffic Act 2024 in relation to ancillary disqualifications and penalty points. This provision will complement our approach and strategy to addressing road safety, specifically those in relation to poor driver behaviour. It is vital that drivers uphold and follow the law to ensure that those committing driving offences receive sufficient punishment and – above all – that our roads are kept safe for all users.”