Disqualification
ROAD TRAFFIC ACT
Disqualification for applying for Irish driving licence or learner permit if disqualified for holding such.
22A.—(1) Where a person is disqualified by this Act for holding any driving licence or learner permit—
(a) whatsoever during a period, he or she shall be disqualified for applying for any Irish driving licence or learner permit whatsoever, or
(b) in respect of vehicles of a category during a period, he or she shall be disqualified for applying for an Irish driving licence or a learner permit in respect of vehicles of that category,
for that period or any period the whole or part of which is within that period.
(2) Where a person is disqualified for applying for any Irish driving licence or learner permit—
(a) whatsoever for a period, he or she shall not apply for any such licence or permit whatsoever for that period,
(b) in respect of a category of vehicle for a period, he or she shall not apply for such a licence or permit in respect of that category, for that period,
and, if he or she does so and obtains such a licence or permit on the application, it is void and of no effect.]
Annotations
Amendments:
F51
Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(1), S.I. No. 255 of 2011.
Section 22B
F52[
Prohibition on applying for another Irish driving licence or learner permit in respect of a licence or permit already held in respect of vehicle.
22B.—Where a person has been granted an Irish driving licence or a learner permit in respect of vehicles of a category for a period, he or she is disqualified for applying for an Irish driving licence or a learner permit in respect of vehicles of that category for that period or any part of it. ]
Annotations
Amendments:
F52
Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(1), S.I. No. 255 of 2011.
Section 23
F53[
Grant of Irish driving licence.
23.—(1) Where an application is duly made for an Irish driving licence, the licensing authority shall grant the licence unless it appears to them—
(a) that the applicant is disqualified for applying for the licence, or
(b) that, having regard to the particulars contained in the application, the applicant has not a satisfactory knowledge of the Rules of the Road.
(2) Subject to this Part and any regulations under it, an Irish driving licence shall be granted for a period of 12 months or such longer period as may be prescribed beginning on—
(a) in case the licence is granted during a period during which an Irish driving licence previously granted to the applicant remains unexpired — the day following the expiration of the driving licence previously granted, and
(b) in any other case — the day on which the licence is granted.]
Annotations
Amendments:
F53
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(1), S.I. No. 255 of 2011.
Editorial Notes:
E269
A number of statutory instruments made pursuant to s. 42 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 42 notes that the statutory instrument is also made pursuant to s. 23. These statutory instruments are not separately listed under this section.
E270
Power pursuant to subs. (2) and s. 5(1) exercised (8.08.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 7) Regulations 2020 (S.I. No. 299 of 2020).
E271
Power pursuant to subs. (2) exercised (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011 (S.I. No. 483 of 2011).
E272
Previous affecting provision: power pursuant to subs. (2) and s. 5(1) exercised (9.04.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 4) Regulations 2020 (S.I. No. 127 of 2020); revoked (8.08.2020) by Road Traffic (Licensing of Drivers) (Amendment) (No. 7) Regulations 2020 (S.I. No. 299 of 2020), reg. 5.
Section 23A
F54[
Recognition of foreign driving licences.
23A.—(1) The Minister may by order declare that a licence or permit permitting a person to drive a mechanically propelled vehicle, not being a licence or permit issued to a person to enable that person to learn or provisionally to drive such a vehicle, issued by the competent authority of a state other than the State, shall be recognised for the purpose of exchange of that licence or permit for a driving licence, in respect of any one or more of the categories in respect of which the licence or permit is held, and subject to such restrictions, if any, as may be specified in the order.
(2) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is mad e and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done under it.]
Annotations
Amendments:
F54
Inserted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 8, S.I. No. 384 of 2006.
Editorial Notes:
E273
Power pursuant to section exercised (12.05.2023) by Road Traffic (Recognition of Foreign Driving Licences New Zealand and Taiwan) (Amendment) Order 2023 (S.I. No. 247 of 2023).
E274
Power pursuant to section exercised (4.04.2023) by Road Traffic (Recognition of Foreign Driving Licences) (Australia) Order 2023 (S.I. No. 158 of 2023).
E275
Power pursuant to section exercised (27.07.2022) by Road Traffic (Recognition of Foreign Driving Licences) (Ukraine) (Revocation) Order 2022 (S.I. No. 391 of 2022).
E276
Power pursuant to section exercised (24.11.2021) by Road Traffic (Recognition of Foreign Driving Licences) (New Brunswick) Order 2021 (S.I. No. 615 of 2021).
E277
Power pursuant to section exercised (31.12.2020 at 11 p.m.) by Road Traffic (Recognition of Foreign Driving Licences) (United Kingdom) Order 2020 (S.I. No. 683 of 2020), in effect as per art. 2.
E278
Power pursuant to section exercised (10.03.2020) by Road Traffic (Recognition of Foreign Driving Licences) (Alberta) Order 2020 (S.I. No. 74 of 2020).
E279
Power pursuant to section exercised (30.05.2019) by Road Traffic (Recognition of Foreign Driving Licences) (Saskatchewan) Order 2019 (S.I. No. 238 of 2019).
E280
Power pursuant to section exercised (13.01.2016) by Road Traffic (Recognition of Foreign Driving Licences) (Newfoundland and Labrador) Order 2016 (S.I. No. 14 of 2016).
E281
Power pursuant to section exercised (13.01.2016) by Road Traffic (Recognition of Foreign Driving Licences) (Newfoundland and Labrador) Order 2016 (S.I. No. 14 of 2016).
E282
Power pursuant to section exercised (2.04.2015) by Road Traffic (Recognition of Foreign Driving Licences) (Manitoba) Order 2014 (S.I. No. 118 of 2015).
E283
Power pursuant to section exercised (16.09.2014) by Road Traffic (Recognition of Foreign Driving Licences) (Ontario) Order 2014 (S.I. No. 413 of 2014).
E284
Power pursuant to section exercised (12.08.2010) by Road Traffic (Recognition of Foreign Driving Licences – New Zealand and Taiwan) Order 2010 (S.I. No. 402 of 2010).
E285
The section heading is taken from the amending provision in the absence of one included in the amendment.
E286
Power pursuant to section exercised (18.07.2007) by Road Traffic (Recognition of Foreign Driving Licences) Order 2007 (S.I. No. 527 of 2007).
E287
Previous affecting provision: power pursuant to section exercised (22.04.2022) by Road Traffic (Recognition of Foreign Driving Licences) (Ukraine) Order 2022 (S.I. No. 192 of 2022); revoked (27.07.2022) by Road Traffic (Recognition of Foreign Driving Licences) (Ukraine) (Revocation) Order 2022 (S.I. No. 391 of 2022), art. 2.
Section 23B
F55[
Recognition of foreign driving licences held by certain persons
23B.—(1) The Minister, after consultation with the Minister for Justice, may by order declare that a licence or permit permitting a relevant person to drive a mechanically propelled vehicle, not being a licence or permit to enable that relevant person to learn or provisionally to drive such a vehicle, issued by the competent authority of a relevant state, shall be recognised for the purpose of use in the State in respect of any one or more of the categories in respect of which the licence or permit issued to a relevant person is held, and subject to such restrictions, if any, as may be specified in the order.
(2) In this section, “relevant state” means a state other than the State or a Member State or member state of the European Economic Area.]
Annotations
Amendments:
F55
Inserted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 46(b), (S.I. No. 390 of 2022).
Editorial Notes:
E288
Power pursuant to section exercised (2.09.2022) by Road Traffic (Recognition of Foreign Driving Licences Held by Relevant Persons) (Ukraine) Order 2022 (S.I. No. 434 of 2022).
Section 24
Signing of driving licence by grantee thereof.
24.—F56[…]
Annotations
Amendments:
F56
Repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(2), S.I. No. 255 of 2011.
Section 25
Period during which driving licence has effect.
25.—F57[…]
Annotations
Amendments:
F57
Repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 57(2), S.I. No. 255 of 2011.
Section 26
Consequential disqualification orders.
F58[26.—(1) Subject to subsection (5)(b), where a person is convicted of an offence specified in the Second Schedule, the court shall make an order (“consequential disqualification order”) declaring him or her to be disqualified for holding a driving licence.
(2) Subject to subsection (3), a consequential disqualification order operates to disqualify the person to whom the order relates for holding any driving licence whatsoever during a specified period or during a specified period and thereafter until he or she has produced to the F59[…] licensing authority, as may be specified in the order, a certificate of competency or a certificate of fitness or both.
(3) A consequential disqualification order resulting from a conviction for an offence under—
(a) section 52 or 53 tried on indictment where the contravention involved the driving of a mechanically propelled vehicle, or
(b) section 106, where—
(i) the offence involved a contravention of F60[paragraph (a), (aa) or (b)] of subsection (1) of that section,
(ii) injury was caused to a person,
(iii) a mechanically propelled vehicle was involved in the occurrence of the injury, and
(iv) the convicted person was the driver of the vehicle concerned,
operates to disqualify the person to whom the order relates for holding any driving licence whatsoever during a specified period and, unless the court is satisfied that a special reason (which it shall specify when making its order) had been proved by the convicted person to exist in his or her particular case such that it should not so operate, thereafter until the person has produced to the F59[…] licensing authority, as may be specified in the order, a certificate of competency or both a certificate of competency and a certificate of fitness.
(4) (a) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under—
(i) section 4 of the Road Traffic Act 2010 consisting of a contravention of subsection (1) of that section,
(ii) section 5(1) of the Road Traffic Act 2010,
(iii) section 52 or 53, tried on indictment,
(iv) section 106, where the offence involved the matters specified in subparagraphs (i) to (iv) of subsection (3)(b) of this section,
F61[(v) section 12, 13B, 14 or 17A of the Road Traffic Act 2010, or]
(vi) section 138(3) of the Railway Safety Act 2005, tried on indictment,
be not less than 4 years in the case of a first offence under the section concerned and not less than 6 years in the case of a second or any subsequent offence under the same section.
(b) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 4 of the Road Traffic Act 2010 consisting of a contravention of subsection (2), (3) or (4) of that section or an offence under subsection (2), (3) or (4) of section 5 of the Road Traffic Act 2010, be—
(i) in the case of a first offence under the section concerned, not less than the appropriate period specified in column (3) of the Table to this subsection, and
(ii) in the case of—
(I) a second or subsequent offence under that section, or
F62[(II) a first offence under that section, where the person has been previously convicted of an offence under the other section,]
not less than the appropriate period specified in column (4) of that Table.
F63[(ba) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 4 of the Road Traffic Act 2010 consisting of a contravention of subsection (1A) of that section or an offence under subsection (1A) of section 5 of that Act, be—
(i) not less than 1 year, in the case of a first offence under the section concerned, and
(ii) not less than 2 years, in the case of—
(I) a second or subsequent offence under the same section, or
(II) a first offence under that section, where the person has been previously convicted of an offence under the other section.]
(c) In paragraph (b) “appropriate period” means the period that is appropriate having regard to—
(i) the concentration of alcohol in the blood, urine or breath, as the case may be, of the person concerned in relation to which that person was convicted of the offence concerned, and
(ii) the concentrations of alcohol in blood, urine or breath, as may be appropriate, specified in column (2) of the Table to this subsection.
TABLE
Reference Number
Concentration of alcohol
First offence under the section concerned
F64[Second or any subsequent offence under the same section or first offence where previously convicted under the other section]
(1)
(2)
(3)
(4)
1.
(a) Not exceeding 80 milligrammes of alcohol per 100 millilitres of blood;
(b) Not exceeding 107 milligrammes of alcohol per 100 millilitres of urine;
(c) Not exceeding 35 microgrammes of alcohol per 100 millilitres of breath.
6 months
1 year
2.
(a) Exceeding 80 milligrammes but not exceeding 100 milligrammes of alcohol per 100 millilitres of blood;
(b) Exceeding 107 milligrammes but not exceeding 135 milligrammes of alcohol per 100 millilitres of urine;
(c) Exceeding 35 microgrammes but not exceeding 44 microgrammes of alcohol per 100 millilitres of breath.
1 year
2 years
3.
(a) Exceeding 100 milligrammes but not exceeding 150 milligrammes of alcohol per 100 millilitres of blood;
(b) Exceeding 135 milligrammes but not exceeding 200 milligrammes of alcohol per 100 millilitres of urine;
(c) Exceeding 44 microgrammes but not exceeding 66 microgrammes of alcohol per 100 millilitres of breath.
2 years
4 years
4.
(a) Exceeding 150 milligrammes of alcohol per 100 millilitres of blood;
(b) Exceeding 200 milligrammes of alcohol per 100 millilitres of urine;
(c) Exceeding 66 microgrammes of alcohol per 100 millilitres of breath.
3 years
6 years
(5) (a) Subject to paragraph (b), the period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 52 or 53 tried summarily or under section 56, be not less than 2 years in the case of a first offence under the section concerned and not less than 4 years in the case of a second or any subsequent offence under the same section committed within the period of 3 years from the date of the commission of the previous offence or, in the case of more than one such offence, the last such offence.
(b) Where a person is convicted of an offence under section 52 tried summarily or under section 56, the court may, in the case of a first offence under the section concerned, where it is satisfied that a special reason (which it shall specify when making its order) has been proved by the convicted person to exist in his or her particular case to justify such a course—
(i) decline to make a consequential disqualification order, or
(ii) specify a period of disqualification in the consequential disqualification order of less than 1 year.
(6) The period of disqualification specified in a consequential disqualification order shall, in a case not coming within subsection (4) or (5), be not less than 1 year.
(7) Where a person is convicted of an offence under section 49 or 50 of this Act or section 13 or 15 of the Road Traffic Act 1994 (“the former section”) whether before or after the commencement of section 4, 5, 12 or 14 of the Road Traffic Act 2010 and is subsequently convicted of one or more offences under any other of those sections (“the latter section”) the conviction under the latter section shall, for the purposes of this section, be regarded as a second or, as the case may be, a subsequent conviction for an offence under the latter section.
(8) Where a person is convicted of an offence (“the latter conviction”) under section 49 or 50 of this Act or section 13 or 15 of the Road Traffic Act 1994 whether before or after the commencement of section 4, 5, 12 or 14 of the Road Traffic Act 2010, and
(a) the conviction is, or is by virtue of subsection (7) to be regarded as, a second or subsequent conviction for an offence under the same section, and
(b) a period of 4 years or more during which such person was not disqualified for holding a driving licence has elapsed since the previous conviction of the person by reference to which the later conviction is, or is by virtue of subsection (7) to be regarded as, a second or subsequent conviction,
the court may, for the purposes of this section, deal with the later conviction as a first conviction.
(9) Subject to subsections (10) and (11), in every case in which an appeal may be brought in respect of a conviction for an offence on conviction of which a consequential disqualification order may be made, jurisdiction to make, confirm, annul or vary a consequential disqualification order is conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing.
(10) A consequential disqualification order shall not be annulled on appeal unless—
(a) the conviction by reference to which it was imposed is reversed, or
(b) the provisions of subsection (5)(b) apply.
(11) Where a consequential disqualification order is, on an appeal, made or varied, the requirements of subsections (2) to (7) shall be complied with and the provisions of subsection (8), where relevant, shall also apply. ]
Annotations
Amendments:
F58
Substituted (28.11.2011) by Road Traffic Act 2010 (25/2010), s. 65(1), S.I. No. 543 of 2011.
F59
Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(c)(i), S.I. No. 5 of 2013.
F60
Substituted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 8(b), commenced on enactment.
F61
Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 21(1)(a), S.I. No. 129 of 2017.
F62
Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(c)(ii), S.I. No. 5 of 2013.
F63
Inserted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 21(1)(b), S.I. No. 129 of 2017.
F64
Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(c)(iii), S.I. No. 5 of 2013.
Modifications (not altering text):
C24
Application of section extended by Road Traffic Act 2010 (25/2010), s. 65(4) as inserted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 10, S.I. No. 542 of 2011.
Consequential disqualification orders.
65.— …
(4) For the purposes of section 26 of, and the Second Schedule to, the Principal Act (inserted by this section)—
(a) the reference to section 4 of the Road Traffic Act 2010 in—
(i) paragraph 4 of the Second Schedule to, and
(ii) section 26(4)(a)(i) and 26(4)(b) of,
the Principal Act shall be deemed to include a reference to section 49 of the Principal Act,
(b) the reference to section 5 of the Road Traffic Act 2010 in—
(i) paragraph 5 of the Second Schedule to, and
(ii) section 26(4)(b) of,
the Principal Act shall be deemed to include a reference to section 50 of the Principal Act,
(c) the reference to section 5(1) of the Road Traffic Act 2010 in section 26(4)(a)(ii) of the Principal Act shall be deemed to include a reference to section 50(1) of the Principal Act,
(d) the reference to section 12 of the Road Traffic Act 2010 in—
(i) paragraph 6 of the Second Schedule to, and
(ii) section 26(4)(a)(v) of,
the Principal Act shall be deemed to include a reference to section 13 of the Road Traffic Act 1994, and
(e) the reference to section 14 of the Road Traffic Act 2010 in—
(i) paragraph 6 of the Second Schedule to, and
(ii) section 26(4)(a)(v) of,
the Principal Act shall be deemed to include a reference to section 15 of the Road Traffic Act 1994.
C25
Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.
Application of certain provisions of Act to provisional licences.
16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —
(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,
(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and
(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.
Editorial Notes:
E289
Procedure prescribed for orders made under section (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 44 and part 9 (regs. 42 to 52), as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3, in effect as per reg 1(2).
E290
Previous affecting provision: subs. (4)(a)(v) substituted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 13(a), S.I. No. 535 of 2014; substituted as per F-note above.
E291
Previous affecting provision: section amended (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 6(1)(a) to (e), S.I. No. 86 of 2007.
E292
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19, in effect as per art. 2; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), in effect as per reg. 2, as per C-note above.
E293
Previous affecting provision: subss. (3) and (4) substituted (25.05.1995) by Road Traffic Act 1995 (7/1995), s. 2, commenced on enactment.
E294
Previous affecting provision: section substituted (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 26, S.I. No. 350 of 1994.
E295
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.
E296
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per E-note above.
E297
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.
E298
Previous affecting provision: section amended (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(4), commenced on enactment; amended as per above E-note.
E299
Previous affecting provision: section amended (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 25, S.I. No. 192 of 1978; amended as per above F-notes.
E300
Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.
Section 27
Ancillary disqualification orders.
27.—(1) (a) Where a person is convicted of an offence under this Act or otherwise in relation to a mechanically propelled vehicle or the driving of any such vehicle (other than an offence in relation to which section 26 of this Act applies) or of a crime or offence in the commission of which a mechanically propelled vehicle was used, the court may, without prejudice to the infliction of any other punishment authorised by law, make an order (in this Act referred to as an ancillary disqualification order) declaring the person convicted to be disqualified for holding a driving licence.
(b) A disqualification under this subsection—
(i) shall disqualify the convicted person either for holding any driving licence whatsoever or for holding a driving licence in respect of a class or classes of mechanically propelled vehicles, and
(ii) shall so disqualify him during a specified period or during a specified period and thereafter until he has produced to the F65[…] licensing authority a certificate of competency or a certificate of fitness or both.
(2) Subject to subsection (3) of this section, in every case in which an appeal may be brought in respect of a conviction of an offence on conviction of which an ancillary disqualification order may be made, jurisdiction to make, confirm, annul or vary an ancillary disqualification order is hereby conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing.
(3) Where an ancillary disqualification order is, on an appeal, made or varied, the requirements of paragraph (b) of subsection (1) of this section shall be complied with.
(4) An ancillary disqualification order shall be subject to appeal notwithstanding that an appeal is not taken against the relevant conviction.
Annotations
Amendments:
F65
Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(d), S.I. No. 5 of 2013.
Modifications (not altering text):
C26
Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.
Application of certain provisions of Act to provisional licences.
16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —
(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,
(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and
(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.
Editorial Notes:
E301
Procedure prescribed for orders made under section (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 45 and part 9 (regs. 42 to 52), as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3, in effect as per reg. 1(2).
E302
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.
E303
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.
E304
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.
E305
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.
E306
Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.
Section 28
Special disqualification orders.
28.—(1) Where an officer of the Garda Síochána F66[or appropriate licensing authority] has reasonable grounds for believing that a person who is the holder of a driving licence is by reason of disease or physical or mental disability unfit to drive any mechanically propelled vehicle whatsoever or any class or classes of mechanically propelled vehicles covered by such licence, such officer F66[or licensing authority] may apply to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides for an order under this subsection, and if the Justice is satisfied that such person is by reason of disease or physical or mental disability unfit to drive any mechanically propelled vehicle whatsoever or any such class or classes of mechanically propelled vehicles as are within the terms of the application, he may make the appropriate order declaring such person to be disqualified for holding a driving licence until he produces to the F67[licensing authority] a certificate of fitness.
(2) Where an officer of the Garda Síochána has reasonable grounds for believing that a person who is the holder of a driving licence is incompetent to drive any mechanically propelled vehicle whatsoever or any class or classes of mechanically propelled vehicles covered by such licence, such officer may apply to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides for an order under this subsection in respect of such person, and if the Justice is satisfied that such person is incompetent to drive any mechanically propelled vehicle whatsoever or any such class or classes of mechanically propelled vehicles as are within the terms of the application, he may make the appropriate order declaring such person to be disqualified for holding a driving licence until he produces to the F67[licensing authority] a certificate of competency.
(3) An order shall not be made under this section in respect of a person unless not less than ten days’ previous notice in writing of the application for the order has been given to him.
(4) A person who is aggrieved by a special disqualification order made in respect of him may appeal to the Circuit Court.
(5) Orders made under this section are referred to in this Act as special disqualification orders.
Annotations
Amendments:
F66
Inserted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(c), S.I. No. 222 of 1994.
F67
Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(e), S.I. No. 5 of 2013.
Modifications (not altering text):
C27
Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.
16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —
(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,
(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and
(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.
Editorial Notes:
E307
Procedure prescribed for orders made under section (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 46 and part 9 (regs. 42 to 52), as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3, in effect as per reg. 1(2).
E308
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.
E309
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.
E310
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.
E311
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.
E312
Previous affecting provision: application of subss. (1) and (3)-(5) extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.
Section 29
Removal of disqualification under consequential or ancillary disqualification order.
F68[29.—(1) This section applies to a person in respect of whom a disqualification order has been made, whether before or after the commencement of section 7 of the Road Traffic Act 2006, disqualifying the person for holding a licence during a period of more than 2 years, and which is the first such order made in respect of that person within a period of 10 years.
(2) A person to whom this section applies may, at any time following the completion of one-half of the period specified in the disqualification order, apply to the court which made the order, for the removal of the disqualification.
(3) In considering an application made under this section a court, without prejudice to its power to have regard to all of the matters that appear to the court to be relevant, may, in particular, have regard to the character of the applicant, his or her conduct after the conviction and the nature of the offence.
F69[(4) Where a court considers it to be appropriate the court may—
(a) confirm the period specified in the order of disqualification, or
(b) order the removal of the disqualification from a specified date that is such that the disqualification will have effect for a least two-thirds of the period specified in the order of disqualification, or a period of 2 years, whichever is the greater.]
(5) A person intending to make an application under this section shall give 14 days notice in writing to the Superintendent of the Garda Síochána for the district in which the person ordinarily resides.
(6) The court hearing an application under this section may order the applicant to pay the whole or any part of the costs.
(7) In this section “disqualification order” means a consequential or an ancillary disqualification order.]
Annotations
Amendments:
F68
Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 7, S.I. No. 86 of 2007.
F69
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 67(1), S.I. No. 255 of 2011.
Modifications (not altering text):
C28
Prospective affecting provision: reference to “the Superintendent of the Garda Síochána for the district” construed by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 10(a), (b)(i), not commenced as of date of revision.
Construction of references in certain enactments
10. (1) Subject to subsections (2) and (3), on or after the date on which this section comes into operation, a reference howsoever expressed in any enactment that is in operation on that date—
(a) to a Garda district or a Garda Síochána district, or to a sub-district of any such district, shall be construed as a reference to the equivalent division, and
(b) to—
(i) the superintendent of the Garda Síochána for the district,
(ii) the superintendent of the Garda Síochána of the district,
(iii) the superintendent in the Garda Síochána district,
(iv) the superintendent of the Garda Síochána within whose district, (v) the superintendent in charge of the Garda Síochána district, or
(vi) the superintendent of the district,
shall be construed as a reference to a superintendent of the Garda Síochána in the equivalent division.
…
C29
Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.
Application of certain provisions of Act to provisional licences.
16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —
(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,
(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and
(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.
Editorial Notes:
E313
Procedure on removal of disqualification under subs. (1) provided (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 48, as substituted (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3(q), in effect as per reg. 1(2).
E314
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.
E315
Previous affecting provision: application of section transitionally modified (25.05.1995) by Road Traffic Act 1995 (7/1995), s. 3, commenced on enactment. S. 3 only applied to offences committed on or after the 2.12.1994 and before the passing of the Road Traffic Act 1995.
E316
Previous affecting provision: subs. (1A) inserted (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 27, S.I. No. 350 of 1994. Section substituted as per above F-note.
E317
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.
E318
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.
E319
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.
E320
Previous affecting provision: subs. (1) substituted and subs. (8) inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 19, S.I. No. 169 of 1968. Section substituted as per above F-note.
E321
Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.
Section 30
Operation of disqualification order.
F70[30.—F71[(1) A person in respect of whom a consequential, ancillary or special disqualification order is made stands disqualified in accordance with the order for holding a driving licence, and—
(a) an Irish driving licence or learner permit held by him or her at the date of the order stands suspended, correspondingly,
(b) where he or she holds a foreign driving licence to which the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 (S.I. No. 464 of 2008) apply, those Regulations do not apply to that licence, or
(c) a foreign driving licence (other than a licence referred to in paragraph (b)) held by him or her at the date of the order has no effect in the State.]
(2) Where a disqualification is removed under section 29 of this Act, subsection (1) of this section shall cease to have effect as and from the date from which the disqualification is so removed.
(3) (a) Save as provided by paragraphs (b) to (e) of this subsection—
(i) a special disqualification order shall come into operation immediately it is made and a consequential or ancillary disqualification order shall come into operation on the fifteenth day after it is made,
(ii) the operation of a special, ancillary or consequential disqualification order shall not be suspended or postponed.
(b) Where an appeal is being brought against a special disqualification order, the court making the order may direct the suspension of the operation of the order pending the appeal.
(c) Where a consequential or ancillary disqualification order (or, where the order is related to a conviction, that conviction) is the subject of an appeal, notice of which is lodged within fourteen days of the making of the order, and the convicted person has duly entered into a recognisance to prosecute the appeal, the operation of the order shall stand suspended pending the appeal.
(d) When making, confirming or varying a consequential or ancillary disqualification order the court may, at its discretion but subject to paragraph (e) of this subsection, postpone the operation of the order for a period not exceeding six months.
(e) A Court shall not postpone under paragraph (d) of this subsection the operation of a consequential or ancillary disqualification order unless it is satisfied that a special reason (which it shall specify when postponing the operation of the order) relating to his personal circumstances (including the nature of his employment) has been proved by the convicted person to exist in his particular case.
(4) Where—
(a) a notice of appeal has been lodged in a case in which a consequential, ancillary or special disqualification order has been made,
(b) the operation of the order stands suspended pending the appeal, and
(c) the appellant has given notification in writing that he wishes to withdraw the appeal,
the suspension of the operation of the order shall be regarded as having terminated immediately before the day on which the notification was given and the period of disqualification shall begin on that day.
(5) Where—
(a) a consequential or ancillary disqualification order (or, where the order is related to a conviction, that conviction) is the subject of an appeal,
(b) the operation of the order stands suspended pending the appeal, and
(c) the appeal is not prosecuted or the order is confirmed or varied by the appellate court,
the period of disqualification shall begin on the day on which the appropriate order of the appellate court is made, save in a case where the operation of the consequential or ancillary disqualification order is postponed under paragraph (d) of subsection (3) of this section.
(6) Where—
(a) a consequential, ancillary or special disqualification order operates until the person concerned produces to the F72[…] licensing authority a certificate of competency or fitness, and
(b) such person produces to that authority such certificate,
the authority shall, where appropriate, note the production of such certificate on the relevant driving licence.]
Annotations
Amendments:
F70
Substituted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 20, S.I. No. 169 of 1968.
F71
Substituted (28.11.11) by Road Traffic Act 2010 (25/2010), s. 64(1), S.I. No. 543 of 2011.
F72
Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(f), S.I. No. 5 of 2013.
Editorial Notes:
E322
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.
E323
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.
E324
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.
E325
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.
E326
Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.
Section 31
Disqualifications related to age.
31.—(1) A person who has not attained the age of sixteen years shall be disqualified for holding any driving licence whatsoever during the period expiring on his attaining that age.
(2) The Minister may make regulations specifying an age, being the age of seventeen years or more, as the age below which a person shall be disqualified for holding a driving licence for a specified class of mechanically propelled vehicles.
(3) A person who has not attained an age specified in regulations under subsection (2) of this section shall be disqualified for holding a driving licence, for mechanically propelled vehicles of the class in relation to which the regulations specify that age, during the period expiring on his attaining that age.
Annotations
Modifications (not altering text):
C30
Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 16.
Application of certain provisions of Act to provisional licences.
16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —
(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,
(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and
(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.
Editorial Notes:
E327
A number of statutory instruments made pursuant to s. 42 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 42 notes that the statutory instrument is also made pursuant to s. 31. These statutory instruments are not separately listed under this section.
E328
Power pursuant to section exercised (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011 (S.I. No. 483 of 2011).
E329
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.
E330
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.
E331
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.
E332
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.
E333
Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.
Section 32
Disqualification on grounds of health.
32.—(1) This section applies to a person suffering from any disease or physical or mental disability declared by the Minister by regulations to be a disease or disability such that a sufferer therefrom shall be disqualified for holding any driving licence whatsoever.
(2) A person to whom this section applies shall be disqualified for holding any driving licence whatsoever during the period during which he is suffering from the relevant disease or disability.
Annotations
Modifications (not altering text):
C31
Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.
Application of certain provisions of Act to provisional licences.
16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —
(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,
(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and
(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.
Editorial Notes:
E334
Diseases and disabilities for purpose of subs. (1) listed (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 33 and sch. 2.
E335
Procedure prescribed for orders made under section (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006) part 9 (regs. 42 to 52), as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3, in effect as per reg. 1(2).
E336
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.
E337
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.
E338
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.
E339
Previous affecting provision: power pursuant to section exercised (3.11.1986) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1986 (S.I. No. 340 of 1986); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.
E340
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.
Section 33
Certificates of competency.
33.—(1) In this section “the issuing authority” means the person who, in the case in question and in accordance with regulations made by the Minister, is the issuing authority for the purposes of this section.
(2) A person, other than a person to whom section 32 of this Act applies, may apply to the issuing authority for a certificate of competency in the following cases:
(a) where he is disqualified for holding a driving licence until he produces a certificate of competency,
(b) where under the regulations under this Act an application by him for a driving licence is required to be accompanied by a certificate of competency.
(3) Where an application is duly made under this section and the appropriate fee is paid, the issuing authority shall test or cause to be tested—
(a) the competency of the applicant to drive the class or classes of mechanically propelled vehicle to which the application relates, and
(b) the knowledge of the applicant of the Rules of the Road, the test, so far as it is a test of competency to drive, being carried out in such vehicles (to be provided by the applicant) as the person carrying out the test considers necessary.
F73[(3B) An issuing authority shall not carry out nor cause to be carried out a test for a certificate of competency unless the mechanically propelled vehicle in which the test is to be carried out displays on its front windscreen—
(a) a licence taken out under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952, F74[and]
(b) F75[subject to subsection (3BB), where the vehicle] is a vehicle to which section 18 applies, a test certificate,
for the time being in force, in respect of the vehicle.
F76[(3BB) Where an EU roadworthiness certificate does not have a detachable disc, the proof of test issued by the Member State competent authority or the Member State testing centre concerned for the purposes of Article 10 of the Roadworthiness Directive shall be presented to the issuing authority for the purposes of subsection (3B).]
(3C) If a licence or test certificate referred to in subsection (3B) is not displayed in accordance with that subsection, the application for a certificate of competency is refused and any fee paid in respect of the application is forfeited.]
(4) On completion of a test under subsection (3) of this section, the issuing authority shall either—
(a) refuse the application, or
(b) F77[where a person has not been issued with a theory test certificate (within the meaning of European Communities (Driving Theoretical Tests) Regulations 2003 (S.I. No. 52 of 2003)) in respect of the category of vehicle in respect of which the person applied for a certificate of competency] subject to being satisfied that the applicant has a satisfactory knowledge of the Rules of the Road, issue a certificate (in this Act referred to as a certificate of competency) certifying—
(i) in case the application is for a certificate of competency to drive any mechanically propelled vehicle whatsoever and the issuing authority is satisfied that the applicant is competent to drive any mechanically propelled vehicle whatsoever—that the applicant is competent to drive any mechanically propelled vehicle whatsoever, or
(ii) in any other case—that the applicant is competent to drive any specified class or classes of mechanically propelled vehicle, being a class or classes in respect of which a certificate of competency was applied for and which the issuing authority is satisfied that the applicant is competent to drive,
but, where the issuing authority so thinks proper, it may defer a decision under this subsection pending production by the applicant of a certificate of fitness.
(5) (a) A person aggrieved by the deferring of a decision under subsection (4) of this section may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or direct that the application shall be dealt with without requiring a certificate of fitness.
(b) A decision under this subsection of a Justice of the District Court shall be final and not appealable.
(6) (a) A person aggrieved by a decision under subsection (4) of this section may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or, if satisfied that the test was not properly conducted, direct that the applicant shall be given a further test.
(b) A decision under this subsection of a Justice of the District Court shall be final and not appealable.
(7) Notwithstanding anything contained in this Act, it shall be lawful for a person who does not hold a driving licence, or is disqualified for holding a driving licence, to drive a mechanically propelled vehicle during a test under this section, and the driving shall not be a contravention of any provision of this Act merely by reason of his not being the holder of a driving licence.
Annotations
Amendments:
F73
Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 92, S.I. No. 255 of 2011.
F74
Substituted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(g), S.I. No. 5 of 2013.
F75
Substituted (27.11.2020) by European Union (National Car Test – EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(c)(i).
F76
Inserted (27.11.2020) by European Union (National Car Test – EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(c)(ii).
F77
Inserted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 9, S.I. No. 384 of 2006.
F78
Inserted by Road Traffic Act 2014 (3/2014), s. 6(a), not commenced as of date of revision.
F79
Inserted by Road Traffic Act 1968 (25/1968), s. 21, not commenced as of date of revision.
Modifications (not altering text):
C32
Prospective affecting provision: subss. (3D) and (3E) inserted by Road Traffic Act 2014 (3/2014), s. 6(a), not commenced as of date of revision.
F78[(3D) An issuing authority shall not carry out nor cause to be carried out a test for a certificate of competency unless the person to be tested, when presenting for the test, produces a record of having completed any minimum period of driving experience prescribed under section 42(3) (h).
(3E) If a record referred to in subsection (3D) is not produced in accordance with that subsection, the application for a certificate of competency is refused and any fee paid in respect of the application is forfeited.]
C33
Prospective affecting provision: subs. (3A) inserted by Road Traffic Act 1968 (25/1968), s. 21, not commenced as of date of revision.
F79[(3A) (a) Notwithstanding anything contained in subsection (3) of this section, a test under that subsection shall not be carried out save where the issuing authority has satisfied itself in the prescribed manner that the eyesight of the applicant or, in the case of an applicant with a defect of eyesight for the time being corrected, the eyesight of the applicant as so corrected, complies with the prescribed standard.
(b) A person aggrieved by a refusal, in pursuance of paragraph (a) of this subsection, to carry out a test may appeal to a Justice of the District Court having jurisdiction in the place in which the person ordinarily resides, and the Justice may either refuse the appeal or, if satisfied that the eyesight or corrected eyesight of the applicant complies with the prescribed standard, direct the issuing authority to test or cause to be tested the applicant under subsection (3) of this section.
(c) A decision under this subsection of a Justice of the District Court shall be final and not appealable.]
C34
Issuing authority specified and powers of issuing authority modified (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), regs. 3(1) and 23, as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011 (S.I. No. 483 of 2011), reg. 2(i), in effect as per reg. 1(2).
Definitions.
3. (1) In these Regulations — …
“Minister” means Minister for Transport;
…
Issuing authority and delegation of functions.
23. (1) The issuing authority for the purposes of section 33 of the Act is the Minister and in this Part “issuing authority” means the Minister.
(2) The functions of the issuing authority under section 33(4) of the Act are delegated to driver testers.
[(3) A driver tester shall meet the minimum standards set out in Schedule 8.
(4) The Road Safety Authority shall oversee implementation of the minimum standards for driver testers set out in Schedule 8 and shall carry out the functions assigned to it by the relevant standards.]
C35
Procedure under subs. (4) provided (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 29.
Deferred decision on application for certificate of competency.
29. (1) In a case where a decision on an application has been deferred under section 33(4) of the Act the applicant may submit to the issuing authority a valid certificate of fitness in respect of the category to which the application for a certificate of competency relates.
(2) On receipt of such certificate of fitness, the issuing authority shall, subject to section 33(4), either refuse the application for a certificate of competency or issue a certificate of competency.
C36
Application of section restricted (7.11.1989) by European Communities (Licensing of Drivers) Regulations 1989 (S.I. No. 287 of 1989), arts. 3 and 4.
3. Notwithstanding section 33 (7) of the Road Traffic Act, 1961 (No. 24 of 1961), Regulations under section 42 of that Act may provide that the issuing authority for the purposes of section 33 of that Act shall not test or cause to be tested an applicant for a certificate of competency unless the applicant holds such driving licence or provisional licence as may be specified in the Regulations.
4. Regulations of the type referred to in Article 3 of these Regulations shall have effect in accordance with their terms and subsections (3) and (7) of section 33 and section 42 of the Road Traffic Act, 1961 are hereby amended accordingly.
C37
Limited certificates of competency under subs. (4)(b)(ii) provided (24.07.1969) by Road Traffic Act 1968 (25/1968), s. 22(1), S.I. No. 139 of 1969.
Limited certificates of competency for special cases.
22.—(1) Where an applicant for a certificate of competency under section 33 of the Principal Act so requests and the issuing authority within the meaning of that section so determines, a certificate of competency issued under subsection (4) (b) (ii) of that section to that applicant shall, notwithstanding anything in that Act, contain a statement that, in relation to a class of vehicles in respect of which the certificate is issued, it is limited to a specified type of vehicle belonging to that class.
…
Editorial Notes:
E341
A number of statutory instruments made pursuant to s. 42 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 42 notes that the statutory instrument is also made pursuant to s. 33. These statutory instruments are not separately listed under this section.
E342
Test for purposes of subs. (4) prescribed (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 26(1).
E343
Procedure in relation to appeals under subss. (5) and (6) prescribed (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 30.
E344
Endorsements and disqualifications under section provided (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), part 9 (regs. 42-52), as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3, in effect as per reg. 1(2).
E345
Previous affecting provision: power pursuant to this section and s. 5 exercised (31.10.1980) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1980 (S.I. No. 334 of 1980); revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.
E346
Previous affecting provision: issuing authority specified and powers of issuing authority modified and procedure under section provided (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), regs. 25, 28, 31 and 32; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.
F266[SECOND SCHEDULE
Offences under the Road Traffic Acts 1961 to 2010 involving Consequential Disqualification Orders.
Using mechanically propelled vehicle without test certificate.
1. An offence by a person under subsection (2) of section 18, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that subsection for which he or she was convicted.
Driving mechanically propelled vehicle before remedying dangerous defect.
2. An offence by a person under subsection (10) of section 20, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that subsection for which he or she was convicted.
Driving mechanically propelled vehicle when unfit.
3. An offence by a person under section 48, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that section for which he or she was convicted.
Driving mechanically propelled vehicle while under the influence of intoxicating liquor or drug.
4. An offence under section 4 of the Road Traffic Act 2010.
Being in charge of mechanically propelled vehicle while under the influence of intoxicating liquor or drug.
5. An offence under section 5 of the Road Traffic Act 2010.
F267[Failure to comply with requirement to perform impairment test
5A. An offence under section 11 of the Road Traffic Act 2010.]
Refusal or failure to provide specimen or to comply with requirement of designated doctor or nurse.
F268[(6) An offence under section 12, 13B or 14 of the Road Traffic Act 2010.]
F269[Failure to give permission to forward specimen test certificate
6A. An offence under section 17A of the Road Traffic Act 2010.]
Careless driving.
7. An offence by a person under section 52, where the contravention involved the driving of a mechanically propelled vehicle, being an offence committed in a period of 3 years in which 2 or more previous offences were committed by the person under that section for which he or she was convicted.
Dangerous driving of mechanically propelled vehicle.
8. An offence under section 53 where the contravention involved the driving of a mechanically propelled vehicle.
Driving of dangerously defective mechanically propelled vehicle.
9. An offence by a person under section 54, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that section for which he or she was convicted.
Parking mechanically propelled vehicle in dangerous position.
10. An offence by a person under section 55 where the contravention involved the parking of a mechanically propelled vehicle and where any part of the period of the contravention was a period within lighting-up hours (as specified in the section) during which the vehicle did not fulfil the requirements imposed by law with respect to lighting and reflectors, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that section for which he or she was convicted.
Use of mechanically propelled vehicle not insured.
11. An offence under section 56.
Failure to fulfil duties on occurrence of accident.
12. (a) An offence under section 106 where the contravention involved non-compliance with F270[paragraph (a), (aa) or (b)] of subsection (1) of that section, injury was caused to a person, a mechanically propelled vehicle was involved in the occurrence of the injury and the convicted person was the driver of the vehicle concerned.
(b) An offence under section 106 (other than an offence to which subparagraph (a) of this paragraph relates) where injury was caused to a person, a mechanically propelled vehicle was involved in the occurrence of the injury and the convicted person was the driver of the vehicle concerned, being an offence committed in a period of 3 years in which a previous such offence was committed by the person for which he or she was convicted.
Taking mechanically propelled vehicle without authority.
13. An offence under subsection (2) of section 112.
Driving mechanically propelled vehicle without driving licence while disqualified, etc.
14. An offence under section 38(2) in the circumstances referred to in subsection (5)(a) of that section.
Using vehicle without certificate of roadworthiness.
F271[15. An offence by a person under—
(a) Regulation 19(1) of the European Communities (Vehicle Testing) Regulations 2004 (S.I. No. 771 of 2004), or
(b) section 6(2) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012,
being an offence committed in a period of 3 years in which a previous offence was committed by the person under (a) or (b) for which he or she was convicted. ]]
Annotations
Amendments:
F265
Substituted (15.11.2021) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 43, S.I. No. 575 of 2021.
F266
Substituted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 65(2), S.I. No. 543 of 2011.
F267
Inserted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 13(b)(i), S.I. No. 536 of 2014, in effect as per reg. 2(c).
F268
Substituted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 21(1)(c), S.I. No. 129 of 2017.
F269
Inserted (26.11.2014) by Road Traffic Act 2014 (3/2014), s. 13(b)(ii), S.I. No. 535 of 2014, in effect as per reg. 2.
F270
Substituted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 8(b), commenced on enactment.
F271
Substituted (15.11.2021) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 43, S.I. No. 575 of 2021.
Modifications (not altering text):
C86
Application of section extended by Road Traffic Act 2010 (25/2010), s. 65(4) as inserted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 10, S.I. No. 542 of 2011.
Consequential disqualification orders.
65.— …
(4) For the purposes of section 26 of, and the Second Schedule to, the Principal Act (inserted by this section)—
(a) the reference to section 4 of the Road Traffic Act 2010 in—
(i) paragraph 4 of the Second Schedule to, and
(ii) section 26(4)(a)(i) and 26(4)(b) of,
the Principal Act shall be deemed to include a reference to section 49 of the Principal Act,
(b) the reference to section 5 of the Road Traffic Act 2010 in—
(i) paragraph 5 of the Second Schedule to, and
(ii) section 26(4)(b) of,
the Principal Act shall be deemed to include a reference to section 50 of the Principal Act,
(c) the reference to section 5(1) of the Road Traffic Act 2010 in section 26(4)(a)(ii) of the Principal Act shall be deemed to include a reference to section 50(1) of the Principal Act,
(d) the reference to section 12 of the Road Traffic Act 2010 in—
(i) paragraph 6 of the Second Schedule to, and
(ii) section 26(4)(a)(v) of,
the Principal Act shall be deemed to include a reference to section 13 of the Road Traffic Act 1994, and
(e) the reference to section 14 of the Road Traffic Act 2010 in—
(i) paragraph 6 of the Second Schedule to, and
(ii) section 26(4)(a)(v) of,
the Principal Act shall be deemed to include a reference to section 15 of the Road Traffic Act 1994.
Editorial Notes:
E1031
Previous affecting provision: paras. (14), (15) inserted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 6(2), S.I. No. 86 of 2007; substituted as per above F-note, subject to commencement of the substituting provision.
E1032
Previous affecting provision: schedule substituted (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(l), S.I. No. 350 of 1994; superseded as per above F-note, subject to commencement of the substituting provision.
E1033
Previous affecting provision: schedule amended (20.07.1978) by Road Traffic (Amendment) Act 1978 (19/1978), s. 24, S.I. No. 192 of 1978; substituted as per E-note above.
E1034
Previous affecting provision: schedule amended (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968; substituted as per E-note above.
ROAD TRAFFIC ACT 1968
Operation of disqualification order.
30. (1) A person in respect of whom a consequential, ancillary or special disqualification order is made shall stand disqualified in accordance with the order for holding a driving licence, and a driving licence held by him at the date of the order shall stand suspended correspondingly.
(2) Where a disqualification is removed under section 29 of this Act, subsection (1) of this section shall cease to have effect as and from the date from which the disqualification is so removed.
(3) (a) Save as provided by paragraphs (b) to (e) of this subsection—
(i) a special disqualification order shall come into operation immediately it is made and a consequential or ancillary disqualification order shall come into operation on the fifteenth day after it is made,
(ii) the operation of a special, ancillary or consequential disqualification order shall not be suspended or postponed.
(b) Where an appeal is being brought against a special disqualification order, the court making the order may direct the suspension of the operation of the order pending the appeal.
(c) Where a consequential or ancillary disqualification order (or, where the order is related to a conviction, that conviction) is the subject of an appeal, notice of which is lodged within fourteen days of the making of the order, and the convicted person has duly entered into a recognisance to prosecute the appeal, the operation of the order shall stand suspended pending the appeal.
(d) When making, confirming or varying a consequential or ancillary disqualification order the court may, at its discretion but subject to paragraph (e) of this subsection, postpone the operation of the order for a period not exceeding six months.
(e) A Court shall not postpone under paragraph (d) of this subsection the operation of a consequential or ancillary disqualification order unless it is satisfied that a special reason (which it shall specify when postponing the operation of the order) relating to his personal circumstances (including the nature of his employment) has been proved by the convicted person to exist in his particular case.
(4) Where—
(a) a notice of appeal has been lodged in a case in which a consequential, ancillary or special disqualification order has been made,
(b) the operation of the order stands suspended pending the appeal, and
(c) the appellant has given notification in writing that he wishes to withdraw the appeal,
the suspension of the operation of the order shall be regarded as having terminated immediately before the day on which the notification was given and the period of disqualification shall begin on that day.
(5) Where—
(a) a consequential or ancillary disqualification order (or, where the order is related to a conviction, that conviction) is the subject of an appeal,
(b) the operation of the order stands suspended pending the appeal, and
(c) the appeal is not prosecuted or the order is confirmed or varied by the appellate court,
the period of disqualification shall begin on the day on which the appropriate order of the appellate court is made, save in a case where the operation of the consequential or ancillary disqualification order is postponed under paragraph (d) of subsection (3) of this section.
(6) Where—
(a) a consequential, ancillary or special disqualification order operates until the person concerned produces to the appropriate licensing authority a certificate of competency or fitness, and
(b) such person produces to that authority such certificate,
the authority shall, where appropriate, note the production of such certificate on the relevant driving licence.”
F46[PART 1
Life Disqualification
COMMON LAW OFFENCES
1. Murder.
2. Rape.
INTERNATIONAL OFFENCES
3. An offence under section 7 or 8 of the International Criminal Court Act 2006.
4. An offence under section 3 of the Geneva Conventions Act 1962.
SEXUAL OFFENCES
5. An offence under section 3 or 6 of the Criminal Law Amendment Act 1885.
6. An offence under section 1 or 2 of the Punishment of Incest Act 1908.
7. An offence under section 2 , 3 or 4 of the Criminal Law (Rape) (Amendment) Act 1990.
8. An offence under section 5 of the Criminal Law (Sexual Offences) Act 1993.
9. An offence under section 2 of the Sexual Offences (Jurisdiction) Act 1996.
10. An offence under section 3 of the Child Trafficking and Pornography Act 1998.
11. An offence under section 2 of the Criminal Law (Sexual Offences) Act 2006.
12. An offence under section 21 or 22 of the Criminal Law (Sexual Offences) Act 2017.
TORTURE
13. An offence under section 2 or 3 of the Criminal Justice (United Nations Convention Against Torture) Act 2000.
SUPPRESSION OF TERRORISM
14. An offence under section 6 , 9 (1), 10 (1) or 11 of the Criminal Justice (Terrorist Offences) Act 2005.
PART 2
Disqualification for Specified Period
COMMON LAW OFFENCE
1. Manslaughter.
OFFENCES AGAINST THE PERSON
2. An offence under section 18 or 19 (1) of the Criminal Justice (Public Order) Act 1994.
3. An offence under the Non-Fatal Offences against the Person Act 1997 (other than section 2 or 16).
SEXUAL OFFENCES
4. An offence under section 3 of the Sexual Offences (Jurisdiction) Act 1996.
5. An offence under section 4 , 4A, 5 or 5A of the Child Trafficking and Pornography Act 1998.
6. An offence under section 246 or 249 of the Children Act 2001.
7. An offence under section 3 or 3A of the Criminal Law (Sexual Offences) Act 2006.
8. An offence under section 3 , 4 , 5 , 6 , 7 or 8 of the Criminal Law (Sexual Offences) Act 2017.
HUMAN TRAFFICKING OFFENCES
9. An offence under section 2 , 4 or 5 of the Criminal Law (Human Trafficking) Act 2008.
THEFT AND FRAUD OFFENCES
10. An offence under section 2 (2)(b), 3 (b) or 4 (b)(i) of the Criminal Damage Act 1991.
11. An offence under section 13 or 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001.
FIREARMS OFFENCES
12. An offence under section 2 or 15 of the Firearms Act 1925.
13. An offence under section 26 or 27 (inserted by sections 57 and 58 , respectively, of the Criminal Justice Act 2006 ) of the Firearms Act 1964.
14. An offence under section 8 , 9 , 10 or 11 of the Firearms and Offensive Weapons Act 1990.
UNLAWFUL TAKING OF MOTOR VEHICLE
15. An offence under section 112 of the Road Traffic Act 1961.
PUBLIC ORDER OFFENCES
16. An offence under section 14 , 15 , 16 or 17 of the Criminal Justice (Public Order) Act 1994.
17. An offence under section 176 of the Criminal Justice Act 2006.
OFFENCES IN RELATION TO AIRCRAFT AND VEHICLES
18. An offence under section 11 of the Air Navigation and Transport Act 1973.
19. An offence under section 3 of the Air Navigation and Transport Act 1975.
20. An offence under section 10 of the Criminal Law (Jurisdiction) Act 1976.
OFFENCES AGAINST THE STATE
21. An offence under section 7 (1), 8 (1) or 9 (1) or (2) of the Offences Against the State Act 1939.
INTERNATIONAL
22. An offence under section 4 of the Geneva Conventions Act 1962.
23. An offence under section 2 , 3 or 4 of the Criminal Justice (Safety of United Nations Workers) Act 2000.
EXPLOSIVES
24. An offence under section 2 or 3 of the Explosive Substances Act 1883.
MARITIME SECURITY OFFENCES
25. An offence under section 2 or 3 of the Maritime Security Act 2004.
INCITEMENT TO HATRED
26. An offence under section 2 of the Prohibition of Incitement to Hatred Act 1989.
PART 3
Disqualification for a Specified Period(Road Traffic Offences)
1. An offence under section 52 of the Road Traffic Act 1961.
2. An offence under section 53 of the Road Traffic Act 1961.
3. An offence under section 4 of the Road Traffic Act 2010.
4. An offence under section 5 of the Road Traffic Act 2010.
5. An offence under section 12 or section 14 of the Road Traffic Act 2010.
ACCOMPLICES
References in this Schedule to an offence include references to participation as an accomplice of a person who commits the offence.]
ROAD TRAFFIC ACT 2010
PART 7
Disqualification
Section 64
Disqualification for holding driving licence.
64.— (1) Section 30 (inserted by section 20 of the Act of 1968) of the Principal Act is amended by substituting for subsection (1) the following:
“(1) A person in respect of whom a consequential, ancillary or special disqualification order is made stands disqualified in accordance with the order for holding a driving licence, and—
(a) an Irish driving licence or learner permit held by him or her at the date of the order stands suspended, correspondingly,
(b) where he or she holds a foreign driving licence to which the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 (S.I. No. 464 of 2008) apply, those Regulations do not apply to that licence, or
(c) a foreign driving licence (other than a licence referred to in paragraph (b)) held by him or her at the date of the order has no effect in the State.”.
(2) Section 3 of the Act of 2002 is amended by substituting for subsection (1) the following:
“(1) When penalty points are endorsed on the entry of a person and, in consequence, the total number of penalty points standing so endorsed equals or exceeds 12, the person stands disqualified for a period of 6 months beginning on the appropriate date for holding a licence, and—
(a) an Irish licence held by him or her at the beginning of the period stands suspended correspondingly, or
(b) a foreign driving licence held by him or her at the beginning of the period has no effect in the State.”.
Section 65
66Consequential disqualification orders.
65.— (1) The following section is substituted for section 26 (inserted by section 26 of the Act of 1994 as amended by section 6 of the Act of 2006) of the Principal Act:
“26.— (1) Subject to subsection (5)(b), where a person is convicted of an offence specified in the Second Schedule, the court shall make an order (‘consequential disqualification order’) declaring him or her to be disqualified for holding a driving licence.
(2) Subject to subsection (3), a consequential disqualification order operates to disqualify the person to whom the order relates for holding any driving licence whatsoever during a specified period or during a specified period and thereafter until he or she has produced to the appropriate licensing authority, as may be specified in the order, a certificate of competency or a certificate of fitness or both.
(3) A consequential disqualification order resulting from a conviction for an offence under—
(a) section 52 or 53 tried on indictment where the contravention involved the driving of a mechanically propelled vehicle, or
(b) section 106, where—
(i) the offence involved a contravention of paragraph (a) or (b) of subsection (1) of that section,
(ii) injury was caused to a person,
(iii) a mechanically propelled vehicle was involved in the occurrence of the injury, and
(iv) the convicted person was the driver of the vehicle concerned,
operates to disqualify the person to whom the order relates for holding any driving licence whatsoever during a specified period and, unless the court is satisfied that a special reason (which it shall specify when making its order) had been proved by the convicted person to exist in his or her particular case such that it should not so operate, thereafter until the person has produced to the appropriate licensing authority, as may be specified in the order, a certificate of competency or both a certificate of competency and a certificate of fitness.
(4) (a) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under—
(i) section 4 of the Road Traffic Act 2010 consisting of a contravention of subsection (1) of that section,
(ii) section 5(1) of the Road Traffic Act 2010,
(iii) section 52 or 53, tried on indictment,
(iv) section 106, where the offence involved the matters specified in subparagraphs (i) to (iv) of subsection (3)(b) of this section,
(v) section 12 or 14 of the Road Traffic Act 2010, or
(vi) section 138(3) of the Railway Safety Act 2005, tried on indictment,
be not less than 4 years in the case of a first offence under the section concerned and not less than 6 years in the case of a second or any subsequent offence under the same section.
(b) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 4 of the Road Traffic Act 2010 consisting of a contravention of subsection (2), (3) or (4) of that section or an offence under subsection (2), (3) or (4) of section 5 of the Road Traffic Act 2010, be—
(i) in the case of a first offence under the section concerned, not less than the appropriate period specified in column (3) of the Table to this subsection, and
(ii) in the case of—
(I) a second or subsequent offence under that section, or
(II) where the person has been previously convicted under that section, a first or subsequent conviction under the other section,
not less than the appropriate period specified in column (4) of that Table.
(c) In paragraph (b) ‘appropriate period’ means the period that is appropriate having regard to—
(i) the concentration of alcohol in the blood, urine or breath, as the case may be, of the person concerned in relation to which that person was convicted of the offence concerned, and
(ii) the concentrations of alcohol in blood, urine or breath, as may be appropriate, specified in column (2) of the Table to this subsection.
TABLE
Reference Number
Concentration of alcohol
First offence under the section concerned
Second or any subsequent offence under the same section
(1)
(2)
(3)
(4)
1.
(a) Not exceeding 80 milligrammes of alcohol per 100 millilitres of blood;
(b) Not exceeding 107 milligrammes of alcohol per 100 millilitres of urine;
(c) Not exceeding 35 microgrammes of alcohol per 100 millilitres of breath.
6 months
1 year
2.
(a) Exceeding 80 milligrammes but not exceeding 100 milligrammes of alcohol per 100 millilitres of blood;
(b) Exceeding 107 milligrammes but not exceeding 135 milligrammes of alcohol per 100 millilitres of urine;
(c) Exceeding 35 microgrammes but not exceeding 44 microgrammes of alcohol per 100 millilitres of breath.
1 year
2 years
3.
(a) Exceeding 100 milligrammes but not exceeding 150 milligrammes of alcohol per 100 millilitres of blood;
(b) Exceeding 135 milligrammes but not exceeding 200 milligrammes of alcohol per 100 millilitres of urine;
(c) Exceeding 44 microgrammes but not exceeding 66 microgrammes of alcohol per 100 millilitres of breath.
2 years
4 years
4.
(a) Exceeding 150 milligrammes of alcohol per 100 millilitres of blood;
(b) Exceeding 200 milligrammes of alcohol per 100 millilitres of urine;
(c) Exceeding 66 microgrammes of alcohol per 100 millilitres of breath.
3 years
6 years
(5) (a) Subject to paragraph (b), the period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under section 52 or 53 tried summarily or under section 56, be not less than 2 years in the case of a first offence under the section concerned and not less than 4 years in the case of a second or any subsequent offence under the same section committed within the period of 3 years from the date of the commission of the previous offence or, in the case of more than one such offence, the last such offence.
(b) Where a person is convicted of an offence under section 52 tried summarily or under section 56, the court may, in the case of a first offence under the section concerned, where it is satisfied that a special reason (which it shall specify when making its order) has been proved by the convicted person to exist in his or her particular case to justify such a course—
(i) decline to make a consequential disqualification order, or
(ii) specify a period of disqualification in the consequential disqualification order of less than 1 year.
(6) The period of disqualification specified in a consequential disqualification order shall, in a case not coming within subsection (4) or (5), be not less than 1 year.
(7) Where a person is convicted of an offence under section 49 or 50 of this Act or section 13 or 15 of the Road Traffic Act 1994 (‘the former section’) whether before or after the commencement of section 4, 5, 12 or 14 of the Road Traffic Act 2010 and is subsequently convicted of one or more offences under any other of those sections (‘the latter section’) the conviction under the latter section shall, for the purposes of this section, be regarded as a second or, as the case may be, a subsequent conviction for an offence under the latter section.
(8) Where a person is convicted of an offence (‘the latter conviction’) under section 49 or 50 of this Act or section 13 or 15 of the Road Traffic Act 1994 whether before or after the commencement of section 4, 5, 12 or 14 of the Road Traffic Act 2010, and
(a) the conviction is, or is by virtue of subsection (7) to be regarded as, a second or subsequent conviction for an offence under the same section, and
(b) a period of 4 years or more during which such person was not disqualified for holding a driving licence has elapsed since the previous conviction of the person by reference to which the later conviction is, or is by virtue of subsection (7) to be regarded as, a second or subsequent conviction,
the court may, for the purposes of this section, deal with the later conviction as a first conviction.
(9) Subject to subsections (10) and (11), in every case in which an appeal may be brought in respect of a conviction for an offence on conviction of which a consequential disqualification order may be made, jurisdiction to make, confirm, annul or vary a consequential disqualification order is conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing.
(10) A consequential disqualification order shall not be annulled on appeal unless—
(a) the conviction by reference to which it was imposed is reversed, or
(b) the provisions of subsection (5)(b) apply.
(11) Where a consequential disqualification order is, on an appeal, made or varied, the requirements of subsections (2) to (7) shall be complied with and the provisions of subsection (8), where relevant, shall also apply.”.
(2) The Principal Act is amended by substituting for the Second Schedule the following:
“Section 26.
SECOND SCHEDULE
Offences under the Road Traffic Acts 1961 to 2010 involving Consequential Disqualification Orders.
Using mechanically propelled vehicle without test certificate.
1. An offence by a person under subsection (2) of section 18, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that subsection for which he or she was convicted.
Driving mechanically propelled vehicle before remedying dangerous defect.
2. An offence by a person under subsection (10) of section 20, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that subsection for which he or she was convicted.
Driving mechanically propelled vehicle when unfit.
3. An offence by a person under section 48, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that section for which he or she was convicted.
Driving mechanically propelled vehicle while under the influence of intoxicating liquor or drug.
4. An offence under section 4 of the Road Traffic Act 2010.
Being in charge of mechanically propelled vehicle while under the influence of intoxicating liquor or drug.
5. An offence under section 5 of the Road Traffic Act 2010.
Refusal or failure to provide specimen or to comply with requirement of designated doctor or nurse.
6. An offence under section 12 or 14 of the Road Traffic Act 2010.
Careless driving.
7. An offence by a person under section 52, where the contravention involved the driving of a mechanically propelled vehicle, being an offence committed in a period of 3 years in which 2 or more previous offences were committed by the person under that section for which he or she was convicted.
Dangerous driving of mechanically propelled vehicle.
8. An offence under section 53 where the contravention involved the driving of a mechanically propelled vehicle.
Driving of dangerously defective mechanicallypropelled vehicle.
9. An offence by a person under section 54, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that section for which he or she was convicted.
Parking mechanically propelled vehicle in dangerous position.
10. An offence by a person under section 55 where the contravention involved the parking of a mechanically propelled vehicle and where any part of the period of the contravention was a period within lighting-up hours (as specified in the section) during which the vehicle did not fulfil the requirements imposed by law with respect to lighting and reflectors, being an offence committed in a period of 3 years in which a previous offence was committed by the person under that section for which he or she was convicted.
Use of mechanically propelled vehicle not insured.
11. An offence under section 56.
Failure to fulfil duties on occurrence of accident.
12. (a) An offence under section 106 where the contravention involved non-compliance with paragraph (a) or (b) of subsection (1) of that section, injury was caused to a person, a mechanically propelled vehicle was involved in the occurrence of the injury and the convicted person was the driver of the vehicle concerned.
(b) An offence under section 106 (other than an offence to which subparagraph (a) of this paragraph relates) where injury was caused to a person, a mechanically propelled vehicle was involved in the occurrence of the injury and the convicted person was the driver of the vehicle concerned, being an offence committed in a period of 3 years in which a previous such offence was committed by the person for which he or she was convicted.
Taking mechanically propelled vehicle without authority.
13. An offence under subsection (2) of section 112.
Driving mechanically propelled vehicle without driving licence while disqualified, etc.
14. An offence under section 38(2) in the circumstances referred to in subsection (5)(a) of that section.
Using vehicle without certificate of roadworthiness.
15. An offence by a person under Regulation 19(1) of the European Communities (Vehicle Testing) Regulations 2004 (S.I. No. 771 of 2004), being an offence committed in a period of 3 years in which a previous offence was committed by the person under that Regulation for which he or she was convicted.”.
(3) The following are repealed:
(a) sections 26 and 49(1)(l) of the Act of 1994,
(b) the Road Traffic Act 1995, and
(c) section 6 of the Act of 2006.
F102[(4) For the purposes of section 26 of, and the Second Schedule to, the Principal Act (inserted by this section)—
(a) the reference to section 4 of the Road Traffic Act 2010 in—
(i) paragraph 4 of the Second Schedule to, and
(ii) section 26(4)(a)(i) and 26(4)(b) of,
the Principal Act shall be deemed to include a reference to section 49 of the Principal Act,
(b) the reference to section 5 of the Road Traffic Act 2010 in—
(i) paragraph 5 of the Second Schedule to, and
(ii) section 26(4)(b) of,
the Principal Act shall be deemed to include a reference to section 50 of the Principal Act,
(c) the reference to section 5(1) of the Road Traffic Act 2010 in section 26(4)(a)(ii) of the Principal Act shall be deemed to include a reference to section 50(1) of the Principal Act,
(d) the reference to section 12 of the Road Traffic Act 2010 in—
(i) paragraph 6 of the Second Schedule to, and
(ii) section 26(4)(a)(v) of,
the Principal Act shall be deemed to include a reference to section 13 of the Road Traffic Act 1994, and
(e) the reference to section 14 of the Road Traffic Act 2010 in—
(i) paragraph 6 of the Second Schedule to, and
(ii) section 26(4)(a)(v) of,
the Principal Act shall be deemed to include a reference to section 15 of the Road Traffic Act 1994. ]
Annotations
Amendments:
F102
Inserted (28.10.2011) by Road Traffic (No. 2) Act 2011 (28/2011), s. 10, S.I. No. 542 of 2012.
Section 66
Transitional provision — consequential disqualification orders.
66.— F103[…]
Annotations
Amendments:
F103
Repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 66(2), commenced as per s. 66(2).
Section 67
Amendment of section 29 of Principal Act — removal of disqualification and repeal.
67.— (1) Section 29 (inserted by section 7 of the Act of 2006) of the Principal Act is amended by substituting for subsection (4) the following:
“(4) Where a court considers it to be appropriate the court may—
(a) confirm the period specified in the order of disqualification, or
(b) order the removal of the disqualification from a specified date that is such that the disqualification will have effect for a least two-thirds of the period specified in the order of disqualification, or a period of 2 years, whichever is the greater.”.
(2) Section 19 of the Act of 1968 is repealed.
Section 68
Amendment of section 9 of Act of 2002 — disqualification under European Convention on driving disqualifications.
68.— Section 9 of the Act of 2002 is amended:
(a) in subsection (9), by inserting “or after the date on which the Convention has become applicable between the State and another Member State, by declaration under Article 15.4 of the Convention, by a person normally resident in that other Member State,” after “(“State of residence”),
(b) in subsection (12)(a), by—
(i) in the definition of “the Convention” by substituting “Luxembourg” for “Brussels”, and
(ii) inserting after the definition of “specified offence” the following:
“ ‘state of residence’ means the state of residence of a person who has committed a specified offence and to whom this subsection applies.”,
and
(c) in the Second Schedule, in the title, by substituting“Luxembourg” for “Brussels”.
PART 7
Agreement on the Mutual Recognition of Driving Disqualifications Between Ireland and the United Kingdom of Great Britain and Northern Ireland
Section 40
Disqualification pursuant to Agreement between State and United Kingdom
40. (1) Where by reason of the commission, after the entry into force of the Agreement, of a specified offence in the United Kingdom by a person whose normal residence on the date of the offence is the State or who is the holder of an Irish driving licence or a learner permit, a decision imposing a disqualification from driving on the person for any period is made in the United Kingdom and a competent authority of the United Kingdom notifies the licensing authority in writing in accordance with Article 3 of the Agreement of the disqualification and transmits to the licensing authority—
(a) the information and documents specified in paragraph 1 of Article 6 of the Agreement, and
(b) where appropriate, pursuant to the Agreement, the evidence referred to in paragraph 2 of that Article and the supplementary information referred to in paragraph 3 thereof,
the licensing authority shall make an application to the appropriate judge for the purposes of giving effect to the decision imposing disqualification from driving made in the United Kingdom in accordance with the Agreement.
(2) On application to the appropriate judge in that behalf by the licensing authority that has received a notification under subsection (1) and the other documents and, where appropriate pursuant to the Agreement, the evidence and information referred to in that subsection, the judge shall, on being satisfied as to the matters specified in that subsection and subject to the provisions of this section, make an order declaring the person to whom the notification relates to be disqualified for holding a licence for the period referred to in subsection (1) beginning on such day as may be specified in the order.
(3) (a) In proceedings under subsection (2) a certificate signed by an officer of the licensing authority authorised in that behalf by the chief executive of the licensing authority and stating that a document identified by and attached to the certificate—
(i) is the notification referred to in Article 3 of the Agreement of the driving disqualification concerned or a document referred to, or containing the information referred to, in Article 6 of the Agreement, and
(ii) was received by the licensing authority from a competent authority of the United Kingdom in accordance with Article 6 of the Agreement,
shall be admissible as evidence of, as the case may be, the notification, the document or the information so referred to.
(b) A document purporting to be a certificate under paragraph (a) shall be deemed to be such a certificate and to have been signed by the person purporting to have signed it and to have been so signed in accordance with an authorisation of the chief executive of the licensing authority until the contrary is shown.
(4) The period of disqualification for holding a licence to which a person is subjected pursuant to subsection (2) shall not—
(a) exceed the maximum period of disqualification for holding a licence which could be ordered by a court following conviction in the State for an offence consisting of the conduct to which the specified offence concerned relates,
(b) exceed the period of disqualification imposed in the United Kingdom, or
(c) extend in time beyond the date of the expiration of the disqualification in the United Kingdom.
(5) So much of a period of disqualification referred to in subsection (1) as has been served in the United Kingdom shall be deducted from any period of disqualification under subsection (2).
(6) An order shall not be made under subsection (2) if—
(a) the full period of the driving disqualification has been served in the United Kingdom,
(b) the person concerned has been disqualified under Part III of the Principal Act or the Road Traffic Act 2002 for holding a licence in respect of the conduct constituting the specified offence to which the application under subsection (2) relates and the period of the disqualification is current or has expired,
(c) the period of time between the commission of the specified offence concerned and the institution of the proceedings in respect of it that led to the disqualification referred to in subsection (1) was longer than the period within which proceedings in respect of the conduct would be required by law to be instituted in the State, or
(d) in the circumstances of the case and having considered any information and evidence referred to in Article 6 of the Agreement, the appropriate judge considers that the person concerned has not had an adequate opportunity to defend himself or herself in the proceedings.
(7) The appropriate judge may refuse to make an order under subsection (2) if—
(a) the conduct for which the driving disqualification referred to in subsection (1) was imposed—
(i) does not constitute an offence under the law of the State, or
(ii) does not constitute an offence under the law of the State for which disqualification for holding a licence may be ordered by a court,
or
(b) a period of less than 3 months of the driving disqualification referred to in subsection (1) remains unexpired on the date on which the order falls to be made or the driving disqualification is for a period of less than 3 months.
(8) When the appropriate judge makes or refuses to make an order under subsection (2), the Courts Service shall notify the licensing authority and the licensing authority shall cause the central authority of the United Kingdom to be notified thereof.
(9) Where, by reason of the commission, after the entry into force of the Agreement, of a specified offence in the State by a person whose normal residence on the date of the offence is the United Kingdom or who is the holder of a United Kingdom driving licence (including a provisional licence) a driving disqualification is imposed in the State on the person—
(a) the Courts Service shall—
(i) notify the licensing authority of the driving disqualification as soon as may be, and
(ii) comply with any request of the licensing authority for further details or information relating to the person, the offence, the driving disqualification or otherwise required for the purpose of the Agreement,
(b) upon receipt by the licensing authority of the notification under paragraph (a) the licensing authority shall, subject to paragraph (a), without delay notify the central authority of the United Kingdom of the driving disqualification, and
(c) the licensing authority shall—
(i) ensure that Article 6 of the Agreement is complied with in relation to the notification and may do, or cause to be done, all things necessary for that purpose, including certification and attestation of any document,
(ii) if necessary, request the Courts Service to provide such further details or information as the licensing authority considers necessary for the purposes of its functions under this subsection and the Agreement, and
(iii) without delay notify the central authority of the United Kingdom of any such details or information.
(10) The licensing authority is the competent authority of the State and the central authority of the State for the purposes of the Agreement.
(11) Judicial notice shall be taken of the Agreement.
(12) (a) In this section—
“Agreement” means the Agreement on the Mutual Recognition of Driving Disqualifications between the State and the United Kingdom done at Dublin on the 30 October 2015, the text of which is, for convenience of reference, set out in the Schedule;
“appropriate judge” means the judge of the District Court for the time being assigned to the District Court district—
(i) where the person the subject of the application concerned under subsection (2) ordinarily resides or carries on any profession, business or occupation, or
(ii) in which the address which appears on the Irish driving licence or learner permit held by the person the subject of the application concerned under subsection (2) is located;
“normal residence” has the meaning given to it by Article 12 of Directive 2006/126/EC of the European Parliament and of the Council of 20 December 20061
“provisional licence” means a provisional licence issued in Great Britain or Northern Ireland;
“specified offence” means an offence arising from conduct referred to in the Annex to the Agreement;
“United Kingdom” means the United Kingdom of Great Britain and Northern Ireland.
(b) A word or expression that is used in this section and is also used in the Agreement has in this section, unless the context otherwise requires, the same meaning as it has in the Agreement.
1OJ No. L 403, 30.12.2006, p. 18
Section 41
Repeal of section 9 of, and Schedule 2 to, Road Traffic Act 2002
41. Section 9 (as amended by section 52 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012) of, and the Second Schedule to, the Road Traffic Act 2002 are repealed.
Schedule
SCHEDULE
Agreement on the Mutual Recognition of Driving Disqualifications Between Ireland and the United Kingdom of Great Britain and Northern Ireland
Section 40
The Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland;
Desiring to operate bi-lateral arrangements between them on the reciprocal recognition of driving disqualifications,
Have agreed as follows:
ARTICLE 1
The Contracting States agree to cooperate in accordance with their national laws in order to mutually recognise driving disqualifications.
ARTICLE 2
For the purposes of this Agreement:
(a) “Central authority” and “competent authority” mean the authorities designated as such for the purpose of the Agreement by the State in question and as notified to the other Contracting State;
(b) “driving disqualification” means any measure related to the commission of a road traffic offence which results in withdrawal or suspension of a right to drive a power driven vehicle and which is no longer subject to a right of appeal;
(c) “normal residence” has the meaning given by Article 12 of Directive 2006/126/EC;
(d) “power driven vehicle” has the meaning given by Article 4.1 of Directive 2006/126/EC;
(e) “Relevant State” means:
i) Ireland where the road traffic offence is committed in the UK and the offender has normal residence in Ireland or the offender does not have normal residence in Ireland but holds an Ireland driving licence (including a learner permit); or
ii) the UK where the road traffic offence is committed in Ireland and the offender has normal residence in the UK or the offender does not have normal residence in the UK but holds a Great Britain or Northern Ireland licence (including a provisional licence);
(f) “State of the offence” means the Contracting State within the territory of which the road traffic offence occurred; and
(g) “UK” means United Kingdom of Great Britain and Northern Ireland.
ARTICLE 3
A competent authority of the State of the offence shall notify a driving disqualification imposed by a court in its territory for an offence arising from conduct referred to in the Annex to the Central authority of the Relevant State.
ARTICLE 4
1. After notification of its Central authority in accordance with Article 3 the Relevant State shall give effect to the decision imposing disqualification from driving made in the State of the offence in accordance with the conditions laid down in clause 2.
2. The Relevant State:
(a) shall take into account any part of the period of the driving disqualification imposed by the State of the offence which has already been served in that State;
(b) may reduce the duration of the driving disqualification but only to the maximum term provided for acts of the same kind under its national law;
(c) shall not extend the duration of the driving disqualification imposed by the State of the offence; and
(d) shall not impose the disqualification beyond the date of the expiration of the disqualification in the State of the offence.
3. When giving effect to a driving disqualification under this Article, the Relevant State shall, where necessary, determine a date from which it will enforce the driving disqualification.
ARTICLE 5
1. The Relevant State shall refuse to give effect to the driving disqualification where:
(a) the driving disqualification has already been fully served in the State of the offence;
(b) the offender has already had a driving disqualification imposed on him in the Relevant State for the same acts and that disqualification has been or is being served;
(c) the period of limitation for prosecuting the offence would have expired under its own legislation; or
(d) in the circumstances of the particular case, after receiving any information supplied under Article 6, it considers that the person concerned has not had an adequate opportunity to defend himself.
2. The Relevant State may refuse to give effect to the driving disqualification if:
a) the conduct for which the driving disqualification has been imposed in the State of the offence does not constitute an offence under the law of the Relevant State;
b) the remaining period of disqualification which could be enforced in the Relevant State is less than three months; or
c) driving disqualification is not a measure available under the legislation of the Relevant State for the acts giving rise to the driving disqualification imposed by the State of the offence.
ARTICLE 6
1. The notification referred to in Article 3 shall be accompanied by:
a) details allowing the Relevant State to locate the person disqualified from driving;
b) the original or a certified copy of the decision imposing a driving disqualification;
c) a brief statement of the circumstances and a reference to the legal provisions in the State of the offence on the basis of which the driving disqualification was imposed, if these are not given in the decision;
d) an attestation that the decision is final;
e) information regarding the enforcement of the driving disqualification in the State of the offence, including the length of the disqualification and, where known, the dates on which the disqualification starts and expires;
f) the driving licence, if it has been seized; and
g) the name, address and date of birth of the offender.
2. Where the person on whom the driving disqualification has been imposed did not appear personally or was not represented at the proceedings, notifications pursuant to Article 3 must be accompanied by evidence that the person has been duly notified of the proceedings in accordance with the law of the State of the offence.
3. If the information communicated in accordance with clauses 1 and 2 is found to be insufficient to allow a decision to give effect to the driving disqualification to be taken, in particular, where in the circumstances of the particular case, there is doubt whether the person concerned has had an adequate opportunity to defend himself, the competent authorities of the Relevant State may request the competent authorities of the State of the offence to provide the necessary supplementary information without delay.
ARTICLE 7
The Relevant State shall inform the State of the offence of any decision taken in respect of a notification given pursuant to Article 3 and in respect of enforcement, and where it refuses to give effect to a driving disqualification pursuant to Article 5, of the reasons for its refusal.
ARTICLE 8
1. The right of the State of the offence to execute in its territory the full period of the driving disqualification determined by the State of the offence shall not be affected by any decision of the Relevant State.
2. When notifying the person concerned of the decision to disqualify, the State of the offence which proposes to apply clause 1 shall at the same time inform the person of this fact, and shall confirm in the notification given in accordance with Article 3 to the Relevant State that it has done so.
ARTICLE 9
Each Contracting State shall adopt the measures necessary to enable it to prohibit the driving of a power driven vehicle in its territory when the driver is disqualified from driving by the Relevant State in implementation of this Agreement.
ARTICLE 10
Costs incurred in implementing this Agreement shall be borne in the Contracting State in which they occur.
ARTICLE 11
Unless requested to do so earlier the Contracting States shall review the implementation of this Agreement 2 years after entry into force of this Agreement, and at any other time both Contracting States otherwise agree to do so.
ARTICLE 12
Any dispute arising from or relating to this Agreement shall be settled through negotiation between the Contracting States.
ARTICLE 13
1. This Agreement shall apply:
a) to Ireland; and
b) in relation to the United Kingdom to Great Britain and Northern Ireland.
2. References to the territory of a Contracting State shall be construed in accordance with clause 1 of this Article.
ARTICLE 14
1. The Parties shall notify each other in writing when their necessary internal procedures for entry into force have been completed. The Agreement shall enter into force on the date of the later of such notifications, and shall continue in force until terminated.
2. Either of the Contracting States may terminate this Agreement at any time by giving notice to the other through the diplomatic channel; and if such notice is given the Agreement shall cease to have effect six months after the receipt of the notice.
3. This Agreement shall only apply to offences committed after the entry into force of the Agreement.
In witness whereof the undersigned, duly authorised thereto by their respective Governments, have signed this Agreement.
Done in Duplicate at Dublin this 30th day of October 2015.
Niall A. Burgess
Dominick Chilcott
For the Government of Ireland:
For the Government of the United Kingdom of Great Britain and Northern Ireland:
Annex
Conduct covered by Article 3 of this Agreement
1. Reckless or dangerous driving (whether or not resulting in death, injury or serious risk).
2. Wilful failure to carry out the obligations placed on drivers after being involved in road accidents.
3. Driving a vehicle while under the influence of alcohol or other substances affecting or diminishing the mental and physical abilities of a driver.
4. Refusal to submit to alcohol and drug tests
5. Driving a vehicle faster than the permitted speed
6. Driving a vehicle whilst disqualified.
7. Other conduct constituting an offence for which a driving disqualification has been imposed by the State of the offence:
a. of a duration of six months or more, or
b. of a duration of less than six months where this has been agreed between the Contracting States.