Driving Ban

jaybird

Appeal driving Ban?

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Has anyone had any experience of appealing a driving ban, sucessfully or otherwise? I am aware that mandatory bans are not reducable on appeal, but what about non-mandatory?
My husband was given a large fine and was banned for 6 months for driving without insurance. It was an honest mistake, he thought he was insured but wasn't. It was his first offence of any kind, and as his job is driving he will lose his job and we may lose our house. This seems unduly harsh by any standards.
Does anyone know what the chances are on appeal, how long it may take etc? Do you get to keep your licence until the appeal is heard? HOw much should it cost in solicitors fees?
Any and all advice would be gratefully appreciated.
Thank You.
(He is a motorbike courier)

Garibaldi

Seems seriously harsh alright. Was it a company policy and he was riding one of their bikes? That being the case, how could it be his fault that he wasn't insured? Did he fail to give the company any important information that was preventing him being insured, or was it a clerical error? What has his employer said on the matter? Can't say I know much about the appeals process, but you'd think he'd have a good chance if it genuinely wasn't his fault (and he could prove it). Then again, I guess if he could prove it he wouldn't have got the fine/ban in the first place. :S

zanx

Driving with no insurance or no "courier" insurance?

The latter is in heated debate at the moment, as the company's insure the packages/parcels and the rider should only really have to insure him/herself to drive.

If it's the first then that's too bad, the book WILL be thrown, you get a renewal letter and usually a few calls so i've no sympathy, sorry.

sutty

Was it a company insurance? If it was his personal one did he have the correct one?

Steffano2002

jaybird wrote:

He has his own bike and insurance (regular, not courier) and he was working one day. His bike broke down in the middle of a run and he called his brother to get his moped for the rest of the day. His brother has insurance on his bike. My husband had been told that his own insurance covered him to drive a lower cc bike, but he stupiudly did not check the policy for himself. He got stopped that day, Garda said he was driving without insurance and he got summonsed.
At the hearing, he happened to get a famously Zero tolerence judge who would not let him explain that he honestly thought he was covered. He got fined and banned for 6 months, exactly the same as other guys who had been driving around in cars for years or months withour insurance.

Anybody know what the chances are on appeal?

Based on the above story I'm hoping your chances are extremely good! Hard luck and pity he didn't check his policy himself...

Can he get his brother to "testify" to confirm he was only using his scooter for one afternoon due to a breakdown? Perhaps a more lenient judge could overrule the ban?

Steffano2002

jaybird wrote:

He has his own bike and insurance (regular, not courier) and he was working one day. His bike broke down in the middle of a run (...)

Just copped on to that now... So you're saying he's not insured anyway to be a courrier? Is that right?

Supercell

Steffano2002 wrote:

Just copped on to that now... So you're saying he's not insured anyway to be a courrier? Is that right?

I think Steffano2002 has hit the nail on the head there, he was never EVER insured if he was doing courier work on the main bike, would be wary about appealing it if the prosecution pushed that point, could even be higher penalties

Tbh very suprised that he was stopped and asked for insurance, i've never had this checked on a bike in around six years of riding, only ever had tax checked as thats all that is legally required to be displayed. Am a little suspicious that there is more to this story than thats here?

Am sorry for your loss, don't think a bike ban = a car ban ? If he has a car license maybe he could do delivery work instead to cover the bills if he likes being on the road, just a thought.

Dar

Longfield wrote:

only ever had tax checked as thats all that is legally required to be displayed.

Actually the law was changed this year. You no longer need to display the tax disc. That said, it still has to be in your possesion.

Steffano2002

jaybird wrote:

Apparently its the entire licence, car and bike.

Makes sense... That's quite harsh though.

jaybird wrote:

I know a lot of couriers annd none of them have couriers insurance. I heard it was prohibitively expensive, and the company does not require it?

I guess you know a lot of couriers who ride uninsured then! :rolleyes:
The company that hires them might not require them to have special courier insurance but the insurance company certainly does when they have an accident!

Hotblack Desiato

jaybird wrote:

I heard it was prohibitively expensive

Wonder why?

Someone riding around the city centre all day under pressure to make drops etc. is going to present a far higher risk than Joe Soap who only rides to work in the morning or goes for the odd spin at the weekend.

I have absolutely zero sympathy, 6 months is way too lenient imho and the fine was probably less than the insurance would have been.

Steffano2002

ninja900 wrote:

(...) the fine was probably less than the insurance would have been.

True that

ninja900 wrote:

I have absolutely zero sympathy, 6 months is way too lenient imho (...)

Harsh that

Hotblack Desiato

Not harsh at all, riding without insurance is a serious offence, why should the rest of us pay more in insurance as a result of people like that?

olearydc

Dar wrote:

Actually the law was changed this year. You no longer need to display the tax disc. That said, it still has to be in your possesion.

Is this True..Would you have a like to this as it be good to read the proper line, in case garda pull me:D

Dar

I havn't read the legislation myself, but one of the instructors at MSA Ireland informed me of the change earlier this week.

Garibaldi

Steffano2002 wrote:

Just copped on to that now... So you're saying he's not insured anyway to be a courrier? Is that right?

What the hell?? How did I miss that? Damn post editing!! :mad:

Totally agree with Ninja900.

Steffano2002

That post from jaybird I quoted has actually gone missing. All posts between the 20th and the 26th have gone missing actually!? What's going on?