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Quick full licence question

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  • 01-04-2014 1:20pm
    #1
    dave1982
    Registered Users Posts: 4,604 ✭✭✭


    Some one I know got stopped by Guards last night, she had passed her full licence test maybe 6 months ago but for some strange reason never went to office to get her licence.So all she has is proof she passed the test(she is claiming she has 3 years before she has to collect it).Anyway the Guard told her, she will be going to court for not having a license, strange thing is she let her on way in the car?

    Do it suddenly become legal to drive the car after the Guard gave her a ticket, I would have thought it would have been seized.

    Do that sound right to anyone?

    What could be the outcome in court.


Comments

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    #2
    PirateShampoo
    Registered Users Posts: 4,406 ✭✭✭PirateShampoo


    She doesn't have a full licence she is still a provisional driver.


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    #3
    Mycroft H
    Registered Users Posts: 9,316 ✭✭✭Mycroft H


    dave1982 wrote: »
    Some one I know got stopped by Guards last night, she had passed her full licence test maybe 6 months ago but for some strange reason never went to office to get her licence.So all she has is proof she passed the test(she is claiming she has 3 years before she has to collect it).Anyway the Guard told her, she will be going to court for not having a license, strange thing is she let her on way in the car?

    Do it suddenly become legal to drive the car after the Guard gave her a ticket, I would have thought it would have been seized.

    Do that sound right to anyone?

    What could be the outcome in court.

    She doesn't have a licence. She's a learner permit still (if that's not ran out of date too)

    She should go and apply asap for her driving licence and hope a summons doesn't arrive through the postbox


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    #4
    mickdw
    Registered Users Posts: 23,277 ✭✭✭✭mickdw


    Im damn sure that when I picked up my cert of competency 10 years ago that it was for all legal purposes the equivalent of a full licence. I did note that it was only valid for 2 years and was not replaceable if lost.
    This has cropped up here before and every seems certain that the cert does not allow you to drive as a licensed driver. Are we sure this is the case.


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    #5
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    dave1982 wrote: »
    Do it suddenly become legal to drive the car after the Guard gave her a ticket, I would have thought it would have been seized.

    Do that sound right to anyone?

    I have seen learners cause accidents while driving unaccompanied and be let drive away from the scene alone. Nothing would surprise me any more.


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    #6
    djimi
    Registered Users Posts: 13,238 ✭✭✭✭djimi


    mickdw wrote: »
    Im damn sure that when I picked up my cert of competency 10 years ago that it was for all legal purposes the equivalent of a full licence. I did note that it was only valid for 2 years and was not replaceable if lost.
    This has cropped up here before and every seems certain that the cert does not allow you to drive as a licensed driver. Are we sure this is the case.

    Its an offense to drive while not in physical possession of a drivers license is it not? A certificate of competency shows that you have passed the test, but it is not a full license, so perhaps that is what the Garda is pulling them up on.


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    #7
    Del2005
    Registered Users Posts: 18,901 ✭✭✭✭Del2005


    mickdw wrote: »
    Im damn sure that when I picked up my cert of competency 10 years ago that it was for all legal purposes the equivalent of a full licence. I did note that it was only valid for 2 years and was not replaceable if lost.
    This has cropped up here before and every seems certain that the cert does not allow you to drive as a licensed driver. Are we sure this is the case.

    It's only a certificate of competence not a licence. In order to get a full licence you have to hand the certificate of competence and your permit to the licencing authority.


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    #8
    mickdw
    Registered Users Posts: 23,277 ✭✭✭✭mickdw


    Del2005 wrote: »
    It's only a certificate of competence not a licence. In order to get a full licence you have to hand the certificate of competence and your permit to the licencing authority.
    Yes but is everyone sure that the legal position is as you state - that you basically are a learner until you receive the full licence. Im not so sure that it is correct. You are proven competent to drive so I guess you can be stopped for not having a licence but could you be prosecuted for driving unaccompanied?


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    #9
    dave1982
    Registered Users Posts: 4,604 ✭✭✭dave1982


    Thanks for all the replies.I'm guessing she was driving without a licence as the provisional had expired.

    Why some one don't collect it straight away I don't know.When I passed mine it was straight to tax office to collect mine.


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    #10
    Del2005
    Registered Users Posts: 18,901 ✭✭✭✭Del2005


    mickdw wrote: »
    Yes but is everyone sure that the legal position is as you state - that you basically are a learner until you receive the full licence. Im not so sure that it is correct. You are proven competent to drive so I guess you can be stopped for not having a licence but could you be prosecuted for driving unaccompanied?

    From the RSA
    After you pass

    After you pass you test, the tester will issue you with a Certificate of Competency, which you can then exchange for a full driving licence at your local NDLS Centre.

    The certificate should be submitted to the National Driver Licence Service within two years of the date of issue. Otherwise you will be required to re-sit and pass the test to obtain a full licence.

    If you lose your certificate, send a statement (download the SL5A form) certified by a Garda that you have lost the certificate to RSA’s Driver Testing Section and we will issue a duplicate.


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    #11
    Inspector Dhar
    Registered Users Posts: 143 ✭✭Inspector Dhar


    My daughter passed her test last Thursday. She hi-tailed it to the RSA office to apply for her full licence, but also phoned her insurance company, who agreed to give her a refund on her policy amounting to €120 or so. My point is... The insurance company seemed to deem her a fully licensed driver.


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    #12
    coylemj
    Registered Users Posts: 25,346 ✭✭✭✭coylemj


    mickdw wrote: »
    Im damn sure that when I picked up my cert of competency 10 years ago that it was for all legal purposes the equivalent of a full licence. I did note that it was only valid for 2 years and was not replaceable if lost.
    This has cropped up here before and every seems certain that the cert does not allow you to drive as a licensed driver. Are we sure this is the case.

    It used to be the case that a provisional licence plus a certificate of competency was legally acceptable in lieu of a full licence but I believe that is no longer the case and you now have to trade in your learner permit for a full licence as soon as you pass the test, otherwise you still need to have a person with a full licence (held for at least 2 years) with you while driving.

    However you'd expect the RSA website to state this explicitly which they do not so maybe the old system still applies...

    http://www.rsa.ie/en/RSA/Learner-Drivers/The-Driving-Test/After-you-pass/


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    #13
    peteb2
    Registered Users Posts: 1,813 ✭✭✭peteb2


    Inspector Dhar wrote: »
    My daughter passed her test last Thursday. She hi-tailed it to the RSA office to apply for her full licence, but also phoned her insurance company, who agreed to give her a refund on her policy amounting to €120 or so. My point is... The insurance company seemed to deem her a fully licensed driver.

    What's that got to do with the OP's question? He's not talking about insurance. And they deem her a fully licensed driver WHEN she provides them with her full licence.


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    #14
    coylemj
    Registered Users Posts: 25,346 ✭✭✭✭coylemj


    peteb2 wrote: »
    What's that got to do with the OP's question? He's not talking about insurance. And they deem her a fully licensed driver WHEN she provides them with her full licence.

    Insurance companies will accept a faxed copy of the certificate of competency to categorise you as a fully licensed driver, they don't care if you have a current full licence or not, only that you have passed the test and have not been disqualified.

    If you already have a full licence and are moving to an insurance company as a new customer, they usually want to see your licence but if you're with them as a learner permit holder (either as a policyholder or a named driver), all they need you to produce is the certificate of competency to upgrade you to the status of a full licence holder, whether you have such a licence or not.


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