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provisional licence query

  • 02-02-2007 2:37am
    #1
    thund3rbird_
    Registered Users, Registered Users 2 Posts: 866 ✭✭✭


    Hi, have googled this etc but cannot seem to find an answer.

    I have a full licence, my partner is on her 3rd provisional.
    As per the rules she has to be accompanied by a qualified driver at all times.

    Ok, that's fine but...

    what if we go to a pub, I have a few drinks (say 3 pints for argument) & she drives home with me in the passenger seat.
    Now, she is accompanied by a qualified driver, but one that cannot drive the car due to consumption of alcohol.

    If the Gardai stop her and ask to see her licence what is the position when she / I am asked about a full licence.

    I cannot find anything to say the qualified driver should be in a fit state to drive the car.

    On here it says that:
    Car drivers with a provisional licence must be accompanied at all times by, and under the supervision of, a person with a current full driving licence to drive a car.

    I cannot find anything to say you cannot supervise someone after having a few drinks (and yes I do realise that "common sense" may suggest otherwise) but having had the sense to have a designated driver is there any way that she could be charged for driving unaccompanied ?

    BTW, this hasn't happened - I'm just throwing this out for discussion.

    If anyone has more info on the above position please reply to this post.

    thanks


Comments

  • #2
    ninty9er
    Registered Users, Registered Users 2 Posts: 9,366 ✭✭✭ninty9er


    it may have come up here


  • #3
    Lorax
    Closed Accounts Posts: 752 ✭✭✭Lorax


    I wouldnt worry about it m8, Im on my 1st provisional and drive around all the time unaccompanied, the gardai dont care.


  • #4
    thund3rbird_
    Registered Users, Registered Users 2 Posts: 866 ✭✭✭thund3rbird_


    Lorax wrote:
    I wouldnt worry about it m8, Im on my 1st provisional and drive around all the time unaccompanied, the gardai dont care.

    I was asked a few mths back (while driving on my own) whether I was on my 2nd prov (the actual question was "I assume you are on your 2nd prov?" )

    When I said I had a full she asked why I had the L-plates so told her it was for the other half.
    strange they didn't ask to see the full licence tho


  • #5
    chuci
    Closed Accounts Posts: 938 ✭✭✭chuci


    ive never been asked when i was stopped by the guards either they gen used look at me and say go on ahead there so


  • #6
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    ah but I guess your point is, if you are the qualified driver and you are over the limit are you technically in charge of a vehicle whilst intoxicated.....I would say you may well be....

    what about then if you didnt know the driver was on a Provisional?


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  • #7
    Idleater
    Registered Users, Registered Users 2 Posts: 6,236 ✭✭✭Idleater


    corktina wrote:
    what about then if you didnt know the driver was on a Provisional?

    Ignorance is no defense.

    If you were nominated to be the designated driver you would be effectively driving under the influence, if you were not nominated, then the provisional driver is driving unaccompanied.

    I know which one I would "confess" up to...

    L.


  • #8
    bluebanana
    Closed Accounts Posts: 1 ✭bluebanana


    I think You Only Hav 2 be accompanied By A full licence Driver If ur only on Your 1sr Provish so Shuldn be any problems


  • #9
    SeanW
    Registered Users, Registered Users 2 Posts: 9,166 ✭✭✭SeanW


    No, your 3rd provisional is subect to the same restrictions


  • #10
    Random
    Closed Accounts Posts: 19,080 ✭✭✭✭Random


    bluebanana wrote:
    I think You Only Hav 2 be accompanied By A full licence Driver If ur only on Your 1sr Provish so Shuldn be any problems
    1st - need fully licensed driver with you
    2nd - can drive on your own
    3rd - need fully licensed driver with you


  • #11
    JaysusMacfeck
    Closed Accounts Posts: 324 ✭✭JaysusMacfeck


    I have a full now but I was stopped on a 3rd prov last year and the Garda wasn't happy about it.. but he just waived me on anyway. The Gardaí are hardly going to be arsed conviscating the car from you. As long as you haven't been speeding, etc, you should be grand.


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  • #12
    macroman
    Registered Users, Registered Users 2 Posts: 980 ✭✭✭macroman


    JaysusMacfeck wrote:
    The Gardaí are hardly going to be arsed conviscating the car from you. As long as you haven't been speeding, etc, you should be grand.
    You'll get some cocker who does everything by the book, who'll do ya! My neighbour was driving about on her 3rd provisional when she got nicked!


  • #13
    Random
    Closed Accounts Posts: 19,080 ✭✭✭✭Random


    JaysusMacfeck wrote:
    I have a full now but I was stopped on a 3rd prov last year and the Garda wasn't happy about it.. but he just waived me on anyway. The Gardaí are hardly going to be arsed conviscating the car from you. As long as you haven't been speeding, etc, you should be grand.
    They don't confiscate the car as much as they'll insist you get someone to drive home with you - no?


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