Section 123AG: Allocation and effectiveness of penalty points

123AG. Allocation and effectiveness of penalty points (1) Penalty points shall be allocated to the holder of a driving licence, a provisional driving licence or an international driving permit in accordance with this section, and section 192,193,195 or 196, as the case may be. (2) Subject to subsection (3), every penalty point allocated to the holder of a driving licence, a provisional driving licence or an international driving permit shall remain effective – (a) for a period not exceeding 36 months from the date on which the penalty point is allocated; or (b) until it has been taken into account for the purpose of a disqualification order under section 123AH, whichever occurs earlier, and shall, as from that date, no longer be effective. (3) Notwithstanding subsection (2), where an application for disqualification is made to the Court by the licensing officer or any officer deputed by him, the penalty points already allocated to that person shall remain effective until the determination of the Court. (4) Where a person is convicted of an offence specified in the second column of the Third Schedule, the Court shall, in case the person is the holder of a driving licence, a provisional driving licence or an international driving permit – (a) require the licensing officer or any officer deputed by him to produce a Penalty Points Certificate in relation to the convicted person; (b) in addition to any other sentence, including a monetary or custodial sentence which it deems fit to pass, allocate, subject to subsection (5), penalty points within the range specified in the third column of the Schedule; (c) disqualify, where appropriate, the convicted person in accordance with section 123AH; and (d) within 14 days from the date the penalty points are allocated to the convicted person under paragraph (b), or disqualifying the convicted person in accordance with section 123AH, inform the licensing officer of the fact by means of an Endorsement Certificate. (5) (a) Where the holder of a driving licence, a provisional driving licence or an international driving permit has, on a single occasion, committed more than one offence specified in the second column of the Third Schedule, the Court shall, subject to paragraph (b), allocate the largest number of penalty points in respect of the offence carrying the highest range of penalty points. (b) Where the same range of penalty points is provided for 2 or more offences, the Court shall allocate the largest number of penalty points in respect of any offence. (6) (a) Any person to whom penalty points have been allocated pursuant to subsection (4)(b) may appeal against such decision in the same manner as against a sentence and the Court shall, pending the outcome of the appeal, suspend its decision. (b) A Court from whose decision an appeal is made pursuant to paragraph (a) shall inform the licensing officer of the fact within 14 days of the date on which the appeal is made. (c) A Court to which an appeal is made pursuant to paragraph (a) shall, within 14 days of its decision, inform the licensing officer in writing of the outcome of the appeal. (7) The licensing officer shall keep an up to date record of penalty points allocated to every holder of a driving licence, a provisional driving licence or an international driving permit. (8) On an application made by the hall inform the licensing officer of the fact within 14 days of the date on which the appeal is made. (c) A Court to which an appeal is made pursuant to paragraph (a) shall, within 14 days of its decision, inform the licensing officer in writing of the outcome of the appeal. (7) The licensing officer shall keep an up to date record of penalty points allocated to every holder of a driving licence, a provisional driving licence or an international driving permit. (8) On an application made by the holder of a driving licence, provisional driving licence or international driving permit, the licensing officer shall, on payment of such fee as may be prescribed, issue a Penalty Points Certificate, certifying the number of effective penalty points that have been allocated to him.