The Penalty Point System… Implications

The penalty point system was extended to all drivers as of the 1st December 2017. Many are already aware how this system works and that the accumulation of points over a 12 month period may lead to the suspension of one’s driving license. On the other hand not all companies, especially those leasing cars for single use or multiple use drivers are aware of the implications this system has brought about.

It is to be pointed out that contraventions relating to the penalty points system require an enforcement officer to stop the vehicle. This means that the citation is issued to the driver (on his name) and not the owner. It is only when it comes to speeding contraventions that the citation is received by the vehicle’s owner.

In such circumstances the penalty points may be given to the person on whose name the car is registered and not the perpetrator. Although there are ways how the points may be transferred on the person who actually committed the offence this has to be done through the filling of downloadable forms and within a limited time frame. This declaration form can only be uploaded within 15 days from the date of issue of the ticket and can only be done on contraventions which have not yet been settled.

Company cars bought or leased to be used by single drivers are very easy to handle but not the same can be said about those vehicles which are used by multiple drivers, whether they have been leased or purchased. In the case of leased or rented vehicles, it is of utmost importance that the rental or lease agreement is uploaded together with the declaration form.

It has now become imperative that all multi-driver used vehicles should have a logging system indicating the user for each time period. This information should always be confirmed by the user by signing next to the logged time.

It is now also recommendable that companies have their car policy in place which sets out clear procedures for vehicles use, indicate that users are responsible for any infringements committed during the time of use and that drivers should fill in the vehicle’s log book immediately before and after use. It is only through a well-defined procedure set in a clearly spelt policy that one can make sure that points are assigned to the person who was actually driving the car and not a company director or the person on whose name the vehicles are leased or registered on.

 

Contravention

Minimum Points

Maximum Points

Driver not stopping in case of accident.

5

10

Not keeping vehicle clean and in good state of repair (worn out tyres)

2

2

Vehicle overloaded by passengers or goods

2

2

Driver not in possession of requisite licence.

3

6

As the owner of the vehicle you failed to ensure that the vehicles was at all times covered by the necessary licence

3

6

Used a motor vehicle or left it parked on a public highway without the necessary licence

3

6

Failed to renew driving licence.

3

6

Whilst driving a motor vehicle or any other vehicle, you were holding and/or using a handheld mobile telephone or any other similar handheld device

3

6

Failed to wear seat belt whilst driving a motor vehicle not being a bus

3

3

Driving while wearing headphones or other similar device, which hinders hearing or is likely to hinder from hearing properly.

3

6

Wearing or using on both ears earphones or headphones

3

6

Contravening Traffic Sign ( Speed Limit )

3

6

Driving at an excessive speed over 15km/hr over the limit

4

6

Driving at an excessive speed up to 15km/hr over the limit

3

6

Whilst driving you exceeded the speed limit in terms of regulation 127 of the MVR

3

6

Contravening Carriageway Marking ( Pedestrian Crossing )

3

5

Contravening Traffic Sign ( Pedestrian Crossing Sign )

3

5

You drove a motor vehicle or any other vehicle, through or emerging from a red light

3

5

Contravening Double continuous white lines

3

5

Contravening Traffic Sign ( No left turn )

3

5

Contravening Traffic Sign ( No right turn)

3

5

Contravening Traffic Sign ( No U-turn )

3

5

Contravening Traffic Sign ( No Entry from this side )

3

3

Overtaking a motor vehicle over a painted white line or over fixed studs round a corner or bend

3

5

You overtook another motor vehicle proceeding in the same direction where a white line was painted, or studs fixed or round a corner or a bend

3

5

Contravening Carriageway Marking ( Stop line )

3

5

Contravening Traffic Sign ( Stop Sign )

3

5