The Department of Justice has clarified that in the new penalty point regime, which begins tomorrow, the presumption is that proof of postage is proof of delivery.

Up to now there has been a significant number of cases where motorists have come to court and stated that they had not received the fixed penalty charge notice and the judge in the case has taken them at their word and dismissed the case resulting in no fine and no penalty points for the driver.

This has often been in rural areas where they say the live in a townland that has the same name as another several kilometres away.

A Department of Justice spokesperson said that although the new regulations will place the onus on the motorist to prove they had not received the fixed penalty notice, it will be still up to the judge in each case to decide if they had done so.

Like all legislation or regulation it can be challenged.

In terms of notice, the offending motorist will still be sent a fixed charge penalty notice and will still have 28 days to pay the fine and accept the points.

After 28 days they have another 28 days in which they can pay the fine plus 50% and accept the penalty points.

If after 56 days they have not paid, a summons will be issued. The difference now is there will be a third payment option in which they can opt to pay the fine plus 100% or go to court.

If they go to court they can still challenge the case on the basis that they had not received the fixed penalty notice (but now the regulations state the assumption should be that proof of postage is proof of delivery).

They might still succeed in having the case dismissed but if they do not they will receive five penalty points instead of three.

