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Motorbike offence does it effect car licence

  • 18-11-2006 12:57pm
    #1
    Closed Accounts Posts: 15


    Last april I did a very stupid thing, the trains wern't running and I took a motorbike to work, I had no tax insurance or licence, I was stoped by a traffic gard and asked to produce the above within 10days which I couldn't, I have since obtained a provisional licence for a car, will the above offences which I am being prosecuted for early next year disqualify me from driving my car which I am legitimately taxed and insured on.

    Please refrain from rants and lectures I know I did a very stupid thing which I am trying to rectify, advice only please.

    Thanks in advance


Comments

  • Closed Accounts Posts: 16,801 ✭✭✭✭Gary ITR


    AFAIK it will affect the liscence you have now as the law states 'a mechanically propelled vehicle' not 'car' or 'motorbike'


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Yes it does.

    As Onkle points out, disqualification is from "driving a mechanically propelled vehicle in a public place".

    If you are asked to surrender your licence, it will be both licences. any endorsements will apply to all licences (when you pass your car test, you don't get a separate licence, you just get the category added to your existing full licence).


  • Closed Accounts Posts: 3,357 ✭✭✭secret_squirrel


    Im not sure if it would have made a difference but you might have been better off not applying for your provisional until after the court case.

    Now there will be a record of your driving offenses forever associated with your license.


  • Registered Users, Registered Users 2 Posts: 4,107 ✭✭✭John R


    Im not sure if it would have made a difference but you might have been better off not applying for your provisional until after the court case.

    Now there will be a record of your driving offenses forever associated with your license.

    Legally it makes no difference. The offence is recorded against the person and it applies to any licence held or requested by the person.

    Of course there is always a possibility in this country that when applying for a licence if you lie and say you have no convictions they won't/won't be able to check. You could then get an apparently "clean" licence. Any convictions would still be valid and if you had any more trouble it would come out that you were driving without a valid licence.


    The same applies to foreign licences, if you are banned from driving here it means under ANY licence, even though the foreign licence can still be valid and legally used elsewhere.


  • Registered Users, Registered Users 2 Posts: 25,041 ✭✭✭✭Wishbone Ash


    John R wrote:
    when applying for a licence if you lie and say you have no convictions they won't/won't be able to check
    It could come out if, at a routine checkpoint, the Garda did a name check. This would inform him of any convictions against that name and would raise suspicions if presented with a 'clean' licence.

    A 'local' Garda may also be aware of those with convictions in his area. They are a lot more perceptive than many people think!


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  • Moderators, Politics Moderators Posts: 41,240 Mod ✭✭✭✭Seth Brundle


    If you are disqualified by a court then AFAIK it applies to any Irish licence type (bike, car, tractor, etc.)
    The only way around it woud eb to get a full non-Irish licence.


  • Moderators, Business & Finance Moderators Posts: 17,861 Mod ✭✭✭✭Henry Ford III


    kbannon wrote:
    If you are disqualified by a court then AFAIK it applies to any Irish licence type (bike, car, tractor, etc.)
    The only way around it woud eb to get a full non-Irish licence.

    That would be illegal too.

    The best advice is to go to court, admit the error, and tell them it was a one off error of judgement due to the circumsatnces, and that you have since got a licence, and taxed and insured a vehicle.

    The real danger is of a ban or points or fine or endorsement. If you get any of these your insurance co. must be informed, and you could have real problems.

    I hope it works out ok for you.


  • Closed Accounts Posts: 1,173 ✭✭✭overdriver


    You should check the back of your car insurance cert., if you were driving a car at the time. You may be covered to drive any " car or motorcycle which does not belong to the insured". I used to have this clause on my car insurance.

    If the bike is not in your name, and you have this clause, you are home free, as you were, in effect properly insured. The license then becomes your only problem, which, to be honest, is a lesser charge.


  • Registered Users, Registered Users 2 Posts: 36,548 ✭✭✭✭Hotblack Desiato


    overdriver wrote:
    You should check the back of your car insurance cert., if you were driving a car at the time. You may be covered to drive any " car or motorcycle which does not belong to the insured". I used to have this clause on my car insurance.

    If the bike is not in your name, and you have this clause, you are home free, as you were, in effect properly insured. The license then becomes your only problem, which, to be honest, is a lesser charge.

    Except that having no licence (as opposed to letting it lapse) invalidates your insurance. If the OP never had a bike licence he is shagged unless the bike was a moped (under 50cc AND restricted to 45km/h) which can legally be driven on a full car licence

    Edit: I see now that OP is only applying for provisional car licence now - so wasn't licensed for a moped, either.

    In Cavan there was a great fire / Judge McCarthy was sent to inquire / It would be a shame / If the nuns were to blame / So it had to be caused by a wire.



  • Registered Users, Registered Users 2 Posts: 23,093 ✭✭✭✭Esel
    Not Your Ornery Onager


    I think you should get a solicitor. They can often work wonders in a scenario like this. Cheap in the long run.

    Not your ornery onager



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  • Registered Users, Registered Users 2 Posts: 25,041 ✭✭✭✭Wishbone Ash


    overdriver wrote:
    You should check the back of your car insurance cert., if you were driving a car at the time. You may be covered to drive any " car or motorcycle which does not belong to the insured". I used to have this clause on my car insurance.

    If the bike is not in your name, and you have this clause, you are home free, as you were, in effect properly insured. The license then becomes your only problem, which, to be honest, is a lesser charge.
    That would only be viable if there was an insurance policy by someone else on the bike. If the bike was 'lying up' then it would not work. Also, the driver usually has to be over 25 with a full relevant licence to qualify. ( A 'B' licence only covers mopeds, not motorcycles).


  • Closed Accounts Posts: 1,173 ✭✭✭overdriver


    Shot in the dark, guys...

    I would recommend a solicitor, also. Good luck, OP.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    That would only be viable if there was an insurance policy by someone else on the bike. If the bike was 'lying up' then it would not work. Also, the driver usually has to be over 25 with a full relevant licence to qualify. ( A 'B' licence only covers mopeds, not motorcycles).
    Well, not necessarily. If a company supply you with an insurance cert that says you're insured, and doesn't state either of the above two, then you're insured.

    My last car policy with Hibernian stated that I was insured to drive any car or motorcycle, so long as it didn't belong to me. I checked all of the documentation, and there was nothing to indicate anywhere that a) The other vehicle had to be insured by someone else, and b) I had to be over 25.

    My current policy is identical except that they removed the motorcycle part :(
    I've heard people have asked Hibernian over the phone, and they claim that the other vehicle has to be insured by someone else, but if the documentation doesn't say it, then they can't say it over the phone. I've driven numerous other people's cars on my Hibernian policy for which I wasn't otherwise insured.


  • Moderators, Business & Finance Moderators Posts: 17,861 Mod ✭✭✭✭Henry Ford III


    The 3rd party open driving cover only apllies provided you have a licence to drive a bike. The OP didn't have one so he's stuffed.


  • Registered Users, Registered Users 2 Posts: 4,183 ✭✭✭Fey!


    OP - tbh, it looks like you may face a ban for the no insurance bit; the courts do appear to be hitting that hard.

    Seamus - if your policy about the motorbikes last year and you renewed that policy, then you should be covered on motorbikes, unless they have discussed it with you. I'd check it out.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Fey! wrote:
    Seamus - if your policy about the motorbikes last year and you renewed that policy, then you should be covered on motorbikes, unless they have discussed it with you. I'd check it out.
    Nah, it was specifically removed from the certificate of insurance. I remember reading a thread on biker.ie about a guy who had an argument with Hibernian after they removed the clause from his insurance cert, but gave no reduction in premium.


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