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Second Prov?

  • 17-09-2009 5:31pm
    #1
    Registered Users, Registered Users 2 Posts: 1,016 ✭✭✭


    can you legally drive alone if on your second prov?


Comments

  • Registered Users, Registered Users 2 Posts: 712 ✭✭✭Devia


    No you can't drive alone legally until you have your full license.


  • Registered Users, Registered Users 2 Posts: 23,157 ✭✭✭✭Alanstrainor


    metalfest wrote: »
    can you legally drive alone if on your second prov?

    No. Provisional licenses are no longer issued. Only Learner Permits are. Anyone driving with a learner permit, be it first, second, third...etc etc must be accompanied by someone who has held their full license in the relevant category for at least 2 years.
    This is shown in the first paragraph in the sticky on the front page.
    LINK


  • Registered Users, Registered Users 2 Posts: 475 ✭✭Richie15


    Devia wrote: »
    No you can't drive alone legally until you have your full license.
    Assuming you're talking about a car, truck or bus. But if you're talking about a motorbike, you're not allowed carry a passenger under any circumstances, and in a works vehicle or tractor you're not allowed carry anyone unless the vehicle is designed to carry a passenger and the passenger is a qualified driver (full W licence for 2 years).
    Provisional licenses are no longer issued. Only Learner Permits are.
    This is technically true, but misleading. A lot of people think there's a loophole that if you had a provisional before the change and it's still valid, then it's not a Learner Permit and the old rules apply. This is completely false, a Learner Permit and a Provisional Licence are exactly the same thing, and the new rules apply to everyone.

    Old rules: Accompanied by a driver with a full licence, except category B (car) drivers on 2nd provisional.
    New rules: Accompanied by a driver with a full unrestricted (unless it's an auto car) licence for the past two years, no exceptions (except bike/tractor, as I already mentioned).


  • Registered Users, Registered Users 2 Posts: 25,038 ✭✭✭✭Wishbone Ash


    Richie15 wrote: »
    and in a works vehicle or tractor you're not allowed carry anyone unless the vehicle is designed to carry a passenger and the passenger is a qualified driver (full W licence for 2 years)
    If the works vehicle has a passanger seat, a passenger may be carried if they hold a full licence for the category. However, there is no requirement for the passenger to have had the licence for 2 years. They are merely a passenger - not an accompanied licence holder as there is no requirement to have an accompanied licence holder.

    Richie 15 wrote:
    a Learner Permit and a Provisional Licence are exactly the same thing, and the new rules apply to everyone.
    I think Alanstrainor was making the point that, as Learner Permits have been issued since October 2007, there can't be too many Provisionals left. In another month or so, there won't be any.


  • Registered Users, Registered Users 2 Posts: 1,016 ✭✭✭metalfest


    thanks all.
    will only have had my learner for a year and it'll be up soon so i'll be getting a second, cheers boards


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  • Registered Users, Registered Users 2 Posts: 475 ✭✭Richie15


    If the works vehicle has a passanger seat, a passenger may be carried if they hold a full licence for the category. However, there is no requirement for the passenger to have had the licence for 2 years. They are merely a passenger - not an accompanied licence holder as there is no requirement to have an accompanied licence holder.
    www.irishstatutebook.ie:
    Road Traffic (Licensing of Drivers) Regulations 2006
    Part 5 (Provisional Licences)
    Regulation 17 (Form, period and effect of provisional licence)
    (6)
    (a) In this paragraph “qualified person” means a person who holds a driving licence in respect in respect of the vehicle category being driven.
    (b) ...a person provisionally licensed to drive -
    (v) vehicles of category W, shall not carry a passenger in or on such a vehicle unless the vehicle is constructed or adapted to carry a passenger and such passenger is a qualified person,
    www.irishstatuebook.ie:
    Road Traffic (Licensing of Learner Drivers) Regulations 2007
    Regulation 2
    The Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006) are amended—
    (b) in Regulation 17(6)—
    (i) by substituting for subparagraph (a) the following:
    “(a) In this paragraph ‘qualified person’ means a person who holds a driving licence which has been held by him or her without disqualification for a continuous period of 2 years in respect of the vehicle category being driven, and which licence, unless the vehicle being driven has automatic transmission, does not have code 78 denoted on it.”
    So, while you're right in saying that there's no requirement to be accompanied, if you are it must be by a qualified person, i.e. someone who has held a category W licence for the past two years.

    Interesting to note also that, before the change, a holder of a restricted licence could accompany someone in a manual vehicle. I wonder what would be the case if someone with a restricted licence had an unrestricted provisional and was driving a manual alone. Good thing this ambiguity has been removed.
    Learner Permits have been issued since October 2007.
    Ah right, thought it was only last year. I'm a bit late then, but the point is there were loads of people driving around thinking they were OK - someone even told me I'd get away with it, despite the fact I was on my first provisional at the time!
    ...and of course I was always accompanied by a qualified person. :D


  • Registered Users, Registered Users 2 Posts: 25,038 ✭✭✭✭Wishbone Ash


    Richie15 wrote: »
    while you're right in saying that there's no requirement to be accompanied, if you are it must be by a qualified person, i.e. someone who has held a category W licence for the past two years
    Apologies Richie - I stand corrected. :o In saying that, there appears to be some ambiguity between the Statute Instruments and the Theory Test questions. In the Theory Test it specifies that the passenger in a category W vehicle must merely have a full licence.


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