Figures obtained by this newspaper show that of the 2,831 cases appealed to the courts in 2006, there were definitve results in almost 1,400 cases. Sixty-seven percent of these appeals resulted in judges rescinding the penalty points and quashing the fine.

Fine Gael spokesperson on transport Olivia Mitchell said the high proportion of granted appeals was "a huge incentive for people to go to court to fight their penalty points" and said the system needed to be monitored.

"It's a really high success rate for appellants and it does have implications for the deterrent factor of penalty points if people realise that by going to court rather than paying the fine they have a huge chance of having the whole thing overturned, " she said.

"The incentive as you come near the 12 penalty points is huge. If it is going to mean staying on the road or being put off the road then there is an incentive to go to court."

Going before a judge to argue against being hit with penalty points is risky. If an appeal is unsuccessful then the number of points can double or even treble.

Declan Naughton, the acting chief executive of the Road Safety Authority said he recognised the rights of people to go to court to appeal the awarding of penalty points but said it was important to remember that a failure risks the doubling of penalty points and an increased fine.

However, Naughton added, "Over the course of 2006, 125,000 people received penalty points and 32 extra offences were included under the penalty points system bringing the total number to 36. In that context, 1,400 appeals is a low figure and even the relatively high success rate does not overly concern the RSA at this point."

The figures were released by the Courts Service under the Freedom of Information Act. If a person incurs 12 penalty points over a threeyear period they are automatically disqualified for six months. So far, 35 drivers have been disqualified.