Section 123AG: Allocation of penalty points

123AG. Allocation of penalty points (1) (a) Penalty points shall be allocated to a person – (i) by a Court in accordance with this section; or (ii) where he has, pursuant to section 191 or 195, signified his agreement to the allocation. (b) For the purpose of allocation of penalty points, a person who is holder of a driving licence for one type or class of vehicle and is also holder of a provisional driving licence for any other type or class of vehicle shall be deemed to be the holder of a driving licence. 318 Acts 2012 (c) (i) The licensing officer shall keep an up-to-date record of penalty points allocated to every person pursuant to paragraph (a). (ii) On application made by the holder of a driving licence, the licensing officer shall, on payment of the prescribed fee, issue a Penalty Points Certificate in the form set out in Part I of the Ninth Schedule, stating the number of effective penalty points that have been allocated to the holder of the driving licence. (2) (a) Where a person is convicted of an offence specified in the first column of the Third Schedule, the Court shall – (i) require the licensing officer to produce a Penalty Points Certificate in relation to the convicted person; (ii) subject to paragraph (b) and in addition to any other sentence, including a monetary or custodial sentence which it thinks fit to pass, allocate penalty points within the range specified in the second column of the Third Schedule to the convicted person; (iii) where appropriate, disqualify the convicted person from holding or obtaining a driving licence or cancel the driving licence of the convicted person, as the case may be, in the circumstances provided under section 123AH(1); and (iv) within 14 days of allocating penalty points to the convicted person under subparagraph (ii), or disqualifying the convicted person from holding or obtaining a driving licence or cancelling the driving licence of the convicted person, as the case may Acts 2012 319 be, under subparagraph (iii), inform the licensing officer of the fact by means of an Endorsement Certificate in the form set out in Part II of the Ninth Schedule. (b) (i) Where a person is convicted of having, on a single occasion, committed more than one offence specified in the first column of the Third Schedule, the Court shall, subject to subparagraph (ii), allocate the largest number of penalty points in respect of the offence carrying the highest range of penalty points. (ii) 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 one offence. (3) (a) Where penalty points have been allocated to a convicted person pursuant to subsection (2), the convicted person shall, within 5 days, produce his driving licence to the Court which shall enter the particulars referred to in paragraph (b) on the paper counterpart. (b) The particulars to be entered in accordance with paragraph (a) are – (i) particulars of the offence committed, the date of its commission and the offence code; (ii) the number of penalty points allocated and date of such allocation. (4) (a) Any person to whom penalty points has been allocated pursuant to subsection (2) may appeal against such decision in the same manner as against a conviction or sentence and the Court shall, pending the outcom d to in paragraph (b) on the paper counterpart. (b) The particulars to be entered in accordance with paragraph (a) are – (i) particulars of the offence committed, the date of its commission and the offence code; (ii) the number of penalty points allocated and date of such allocation. (4) (a) Any person to whom penalty points has been allocated pursuant to subsection (2) may appeal against such decision in the same manner as against a conviction or sentence and the Court shall, pending the outcome of the appeal, suspend its decision. (b) A Court to which an appeal has been made pursuant to paragraph (a) shall, within 14 days of its decision, inform 320 Acts 2012 the licensing officer, in writing, of the outcome of the appeal.