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Restoration Of Driving Licence

  • 15-02-2009 10:15pm
    #1
    Closed Accounts Posts: 9


    Hi,
    Almost two and a half years ago I was convicted of dangerous and careless driving, I got one year for each conviction, I was an idiot back then and I was caught messing in a car park. Shortly after being summons for the first offences I was caught be a Garda overtaking on single white line. I was brought to court for this and was convicted of dangerous driving again and recieved another three years.
    I did not apply for early restoration on the first offences.I have served two thirds of the three year ban. I really need my licience now, I have been layed off recently and have been offered a job which requires a licence. Does anyone know If I might be eligable for early restoration?


Comments

  • Closed Accounts Posts: 3 davegl


    Section 7 of the Road Traffic Act 2006 below,
    part in bold is specific to your query.
    But unclear to whether it means can only apply once in 10 years or can only be one offence in tens years
    Can anybody else carify this point?

    7.— The following section is substituted for section 29 of the Principal Act:

    “29.— (1) This section applies to a person in respect of whom a disqualification order has been made, whether before or after the commencement of section 7 of the Road Traffic Act 2006, disqualifying the person for holding a licence during a period of more than 2 years, and which is the first such order made in respect of that person within a period of 10 years.

    (2) A person to whom this section applies may, at any time following the completion of one-half of the period specified in the disqualification order, apply to the court which made the order, for the removal of the disqualification.

    (3) In considering an application made under this section a court, without prejudice to its power to have regard to all of the matters that appear to the court to be relevant, may, in particular, have regard to the character of the applicant, his or her conduct after the conviction and the nature of the offence.

    (4) Where a court considers it to be appropriate it may confirm the period specified in the order of disqualification or it may order the removal of the disqualification from a specified date that is such that the disqualification will have effect for at least two-thirds of the period specified in the order of disqualification.

    (5) A person intending to make an application under this section shall give 14 days notice in writing to the Superintendent of the Garda Síochána for the district in which the person ordinarily resides.

    (6) The court hearing an application under this section may order the applicant to pay the whole or any part of the costs.

    (7) In this section ‘ disqualification order ’ means a consequential or an ancillary disqualification order.”.


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    If you have already been let back on the road during a ban, within the previous ten years, you cannot avail of the procedure. O/p should get himself a competent solicitor to advise him. Some judges can be quite sticky about the kind of eidence they want to hear before allowing somebody back on the road.


  • Closed Accounts Posts: 9 niall48


    So I am entitled to apply for early restoration of my licence because I have not applied for early restoration in the past ten years?


  • Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭pirelli


    This is not the best place for legal advice. You must contact the motor tax office and the district court office and ask their opinions.They are only opinions and their advice may not be correct.

    As far as i am aware you can always re-apply for your license to be restored after a period of time. Also the citzens information is a good place to check. If your deadly serious about it go straight down to the district court and grab the first solicitor you see and explain it to him and give me 75 euro and ask him to get it restored for you as cheaply as possible. Tell him you wont charge him VAT.


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