Penalty for a Provisional license holder

oxygen_old

I know the current penalty for a Provisional license holder driving without being accompanied by and under the supervision of qualified person is 1 to 3 penalty points depending on conviction. Can anyone tell me what the monetary fine is? Or if there is a court appearance required?

Thanks

dermot_sheehan

if summoned under section 102, €1000

if summoned under section 38(5) €5,000 and/or 6 months

5 points also if court appearance

oxygen_old

crap, section 38(5) sounds a bit scary, what is that? Nothing is coming up in google for it

dermot_sheehan

http://www.irishstatutebook.ie/2006/en/act/pub/0023/sec0012.html#id1151527006.92

lynchie

Is section 38 not relating to being caught driving without a license. The OP was asking about driving unaccompanied which was prohibited under 19(4) of SI 285/1989

hobochris

lynchie wrote: »

Is section 38 not relating to being caught driving without a license. The OP was asking about driving unaccompanied which was prohibited under 19(4) of SI 285/1989

yes, but the garda who catches them can (if having a bad day) legally deem the learner as not having a valid license as their permit is legally void without a licensed driver with them. its a technicality in the licensing law. same way they could also deem the learner to be without insurance as the insurance does not cover them if their license is not valid. by not adhering to the restrictions of your license you make your license invalid.

That's a possible 10 points right there if it goes to court. as a learner is only aloud six points max, its game over should that happen.

Victor

hobochris wrote: »

same way they could also deem the learner to be without insurance as the insurance does not cover them if their license is not valid.

No, there was a test case on this - simply breaching the terms of your cover doesn't void the third party section.