New legislation introduced on 1 August 2014, as part of the Road Traffic Act 2014, created the concept of a novice driver and changed the penalty point disqualification threshold for learner and novice drivers. Instead of the standard 12 points disqualification threshold, this was changed to a 7 point threshold .
As a result of further, revised, legal advice, the Department is now applying the 7-point threshold to people who were in the system before that date on the following basis –
- If someone who is a learner or a novice receives 7 or more penalty points while a learner or a novice on or after 1 August 2014, they should face disqualification;
- Also, if the total of points held before that date plus points received after that date reaches or exceeds 12 points, they will be disqualified.
The interpretation by the Department of Transport, based on legal advice received at the time, was that this new threshold should be applied only to people who entered the driver licensing system on or after that date. As a result of further, revised, legal advice, the Department is applying the 7-point threshold to Learner and Novice Drivers who were in the system before that date.All drivers affected will be contacted directly by the Department of Transport, to notify them on the impact of these changes.The Department of Transport interpreted legal advice at the time to mean that this new threshold should only apply to learner drivers who entered the system after August 1, 2014.
Officials have identified over 3,000 people who may be affected by this change and will contact them individually.The Department of Transport said that no driver will be disqualified immediately as a result.However, those who incur penalty points six weeks after being notified could be banned.