The Department of Transport has admitted that penalty points for dangerous parking or driving without an NCT, since last August, can't be applied yet.

Emergency laws are being tabled next week to close a legal loophole before the penalty points are due to be attached to drivers' licences.

Minister Paschal Donohoe says his new law will close the loophole, and he's confident it can survive a legal challenge.

Fianna Fáil's transport spokesman Timmy Dooley has said he does not think it's possible to fix the problems that have existed for the last four months, and is concerned the retroactive legislation will not stand upon inevitable challenge in court.

“I have concerns about the notion of dealing with something in a retrospective manner.

“Of course like all road safety legislation it will be challenged in the courts and I am not convinced that this legislation will not stand up to the test of the approach that the courts might take,” Mr Dooley said.

Paschal Donohoe says an urgent review is now underway to make sure there are no other legal issues over the penalty points system.

The loophole, which emerged earlier this week, could have potentially seen thousands of motoring offences wiped off the records.

Mr Donohoe says his department had concerns in relation to two "technical errors" they discovered in current legislation.

The first revolves around the fact that the 2014 Road Traffic Act left out a change in the 2002 act, which excludes certain offences from the fixed charge system.

Mr Donohoe says the 2002 act should have been amended to remove offences - such as using a vehicle without a valid NCT certificate and parking in a dangerous position - from exclusions listed.

And the second relates to section eight of the 2014 act, which contains "a number of provisions relating to the endorsement of penalty points."

However, the Minister told Jonathan Healy that he was aware of the loophole on Monday:

Section eight also makes reference to sections 37 and 44 of the 2010 act, as the means of endorsing penalty points following the payment of a fixed charge notice.

These sections of the 2010 act are not yet ready.

In a statement, Mr Donohoe says that part of Section eight should technically have also made reference to the 2002 act, which was previously the means of endorsing points.

An emergency bill will be rushed through the Dáil on Tuesday to deal with the problem.

Mr Donohoe says that will deal with the loophole before the penalty points are due to be applied on the garda records.

He says the law is needed to deal with a huge number of offences.