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Licensed driver accompanying provisional driver & drinking

  • 24-11-2009 5:29pm
    #1
    WeeBushy
    Registered Users, Registered Users 2 Posts: 3,572 ✭✭✭


    The "is it illegal to drink in your car" thread got me thinking..

    As a provisional license holder you obviously have to have a fully licensed driver accompanying you when you drive. However do they have to be under the alcohol limit as well?

    P.S. sorry for the long thread name, couldn't think of anything succinct :o


Comments

  • #2
    MrPudding
    Registered Users, Registered Users 2 Posts: 9,788 ✭✭✭MrPudding


    My understanding is that the fully licensed driver must be in a condition to drive the car. If they are not then the provo driver is effectively unaccompanied. Not sure if the fully licensed driver can be charged with anything though.

    MrP


  • #3
    WeeBushy
    Registered Users, Registered Users 2 Posts: 3,572 ✭✭✭WeeBushy


    MrPudding wrote: »
    My understanding is that the fully licensed driver must be in a condition to drive the car. If they are not then the provo driver is effectively unaccompanied. Not sure if the fully licensed driver can be charged with anything though.

    MrP

    So it would be alright if, for example, they were going on a long drive and the fully licensed driver took a nap in the front seat?


  • #4
    MrMicra
    Closed Accounts Posts: 457 ✭✭MrMicra


    I don't see any indication at all that the two year license holder has to be sober. If you look at the discussion of breathalysers below there is a summary of the statutes.


  • #5
    we'llallhavetea_old
    Closed Accounts Posts: 3,971 ✭✭✭we'llallhavetea_old


    WeeBushy wrote: »
    So it would be alright if, for example, they were going on a long drive and the fully licensed driver took a nap in the front seat?

    can you drive in your sleep?


  • #6
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    WeeBushy, Learner Permits are for leaning to drive, not for "long drives".
    we'llallhavetea wrote: »
    can you drive in your sleep?
    Its the only way I can drive. ;)


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  • #7
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    The fully licenced driver is in charge of the vehicle and may commit the offence of being drunk in charge.


  • #8
    WeeBushy
    Registered Users, Registered Users 2 Posts: 3,572 ✭✭✭WeeBushy


    Victor wrote: »
    WeeBushy, Leaner Permits are for leaning to drive, not for "long drives".

    There's nothing against the law saying learner driver cant drive long distances AFAIK... As long as they have a fully licensed driver with them and don't take motor ways etc. off course.
    We'llallhavetea wrote: »
    can you drive in your sleep?

    Well... ;)


  • #9
    Wishbone Ash
    Registered Users, Registered Users 2 Posts: 25,041 ✭✭✭✭Wishbone Ash


    Jo King wrote: »
    The fully licenced driver is in charge of the vehicle and may commit the offence of being drunk in charge.
    No charge can be made against a passenger. The onus is on the Learner driver to ensure that they are accompanied. If they are not appropriately accompanied, they are deemed to be driving unaccompanied.
    WeeBushy wrote: »
    There's nothing against the law saying learner driver cant drive long distances AFAIK... As long as they have a fully licensed driver with them
    The purpose of a Learner Permit is to enable the learner driver to access public roads for the purpose of learning to drive. It is not a 'Driving Licence' to enable them to get from A to B.

    Driving a drunk/over the limit person home from the pub could not be construed as learning to drive.


  • #10
    WeeBushy
    Registered Users, Registered Users 2 Posts: 3,572 ✭✭✭WeeBushy


    Wishbone Ash wrote: »
    No charge can be made against a passenger. The onus is on the Learner driver to ensure that they are accompanied. If they are not appropriately accompanied, they are deemed to be driving unaccompanied.

    Ah right, thanks.
    Wishbone Ash wrote: »
    The purpose of a Learner Permit is to enable the learner driver to access public roads for the purpose of learning to drive. It is not a 'Driving Licence' to enable them to get from A to B.

    I understand that, but there's nothing in the law saying you can't drive long distances, is there? Besides it would be beneficial to a learner driver to get experience driving long distances. (I'm a fully licensed driver btw, i'm not trying to screw the system, this is purely hypothetical :))
    Wishbone Ash wrote: »
    Driving a drunk/over the limit person home from the pub could not be construed as learning to drive.

    Like I said, I understand their real purpose, I was just wondering technically what is allowed and not allowed. I think your first part answered that for me. Thanks.


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