Cross-border driving ban order signed

Victor

http://www.irishtimes.com/newspaper/breaking/2010/0128/breaking55.htm

Cross-border driving ban order signed
PAMELA DUNCAN

Motorists who are banned from driving in the UK and Northern Ireland will have their disqualifications recognised and applied in the Republic from today.

In addition, drivers from the UK and Northern Ireland who have been disqualified by the Irish courts will also have their disqualifications recognised in their home country.

Minister for Transport Noel Dempsey today signed an order which will facilitate the mutual recognition of driving disqualifications between the three jurisdictions.

He said the move sent out a “clear message” to dangerous drivers.

“The mutual recognition of driving disqualifications marks a very significant road safety measure because it aims to target some of the most dangerous drivers on our roads,” Mr Dempsey said.

“It is a good example of the co-operation that exists between our three jurisdictions and separately, our joint determination to save lives and reduce injuries on our roads,” he added.

The order affects drivers who have received disqualifications arising from a range of traffic offences including:

- Reckless or dangerous driving
- Hit and run offences
- Driving a vehicle while under the influence of alcohol or other substances which diminish a driver’s ability
- Refusal to submit to alcohol and drug tests
- Speeding
- Driving a vehicle whilst disqualified
- Other conduct constituting an offence for which a driving disqualification has been imposed by the State of the offence

Victor

http://www.transport.ie/pressRelease.aspx?Id=169

Dempsey signs order to facilitate mutual recognition of driving disqualifications between the UK and Ireland
28 - 01 - 2010

Minister for Transport, Noel Dempsey TD today announced a new provision to facilitate the mutual recognition of driving disqualifications between Ireland and the UK, which comes into operation today, 28 January 2010.

Speaking today, the Minister said: "The mutual recognition of driving disqualifications marks a very significant road safety measure because it aims to target some of the most dangerous drivers on our roads. It is a good example of the co-operation that exists between our three jurisdictions and separately, our joint determination to save lives and reduce injuries on our roads. "

Last year saw the lowest number of road deaths on Irish roads since records began. 2009 also saw Ireland take some very decisive steps to address road safety issues. These included the publication of the Road Traffic Bill, the introduction of a new certification and registration scheme for driving instructors and the finalisation of the safety camera contract by Minister Ahern and Garda Commissioner Murphy. This year will see other important measures coming into effect, as new items will be tested as part of the NCT to improve vehicle safety.

The Minister continued: "The purpose of this new Order is to put in place a mutual structure to recognise disqualifications between the UK and Ireland. By implementing this new measure, we are sending out a clear message that the most dangerous drivers on our roads are being targeted. I look forward to working with our colleagues in the three jurisdictions on this measure that will save lives on our roads.

Editors:

Background
The framework for the mutual recognition of driving disqualifications between Member States is contained in the 1998 EU Convention of Driving Disqualifications drawn up on the basis of Article K.3 of the Treaty on European Union on Driving Disqualifications done at Luxemburg on 17 June 1998.

In advance of the Convention coming into force, bilateral arrangements are allowed under Article 15.4 of the Convention.

Following the completion of the preparatory work between Ireland and the UK Authorities, to enable such arrangements to give effect to the Convention between our countries, a formal Declaration, under Article 15.2 of the Convention, was made to the Secretary General of the EU Council on 30th October 2009. A 90-day period is allowed before the measures can take effect. Accordingly, and with effect from 28 January 2010, Irish drivers disqualified in the UK and NI for certain road traffic offences will have their disqualifications recognised and applied in this country. Similarly, UK and NI drivers disqualified by Irish Courts will have their disqualifications recognised in their home country.

What offences are covered by the Convention?
The Convention relates to disqualifications arising from a range of traffic offences, such as:

* Reckless or dangerous driving (whether or not resulting in death, injury or serious risk).
* Wilful failure to carry out the obligations placed on drivers after being involved in road accidents (hit-and-run driving).
* Driving a vehicle while under the influence of alcohol or other substances affecting or diminishing the mental and physical abilities of a driver. Refusal to submit to alcohol and drug tests.
* Driving a vehicle faster than the permitted speed.
* Driving a vehicle whilst disqualified.
* Other conduct constituting an offence for which a driving disqualification has been imposed by the State of the offence

- Of a duration of six months or more,
- Of a duration of less than six months where that has been agreed bilaterally between the Member States concerned.

ENDS

Redsoxfan

Can I, as an RoI licence holder, be disqualified from driving in the UK (and hence the RoI as well) if I am committed of a disqualification offence in the UK?

Or, does this new legislation only come into play where I (as a RoI licence holder) am committed of a disqualification offence in RoI and am hence banned from driving in the UK?

stop

PAMELA DUNCAN wrote:

Motorists who are banned from driving in the UK and Northern Ireland will have their disqualifications recognised and applied in the Republic from today.

Ms Duncan obviously doesn't know what "UK" is an abbreviation of...

This is a good move though, glad to see it.

munchkin_utd

Its a valid question. Heres the wording of the press release.

Irish drivers disqualified in the UK and NI for certain road traffic offences will have their disqualifications recognised and applied in this country. Similarly, UK and NI drivers disqualified by Irish Courts will have their disqualifications recognised in their home country.

The point being made by the earlier poster is that (only taking irish licence holders for simplicity)
- an Irish licence holder disqualified by the irish courts cant drive in Ireland (the case up till now).
- an Irish licence holder disqualified by the uk courts cant drive in ireland or uk(what this law does).

the question is, is an endorsement on an IRISH licence made in the Irish courts valid in the UK?

This article only deals with an endorsement on a UK licence made in the Irish courts being recognised in the UK.

If a latvian/ german/ irish licence holder gets banned in Ireland, then from what the press release states, they are fine to drive in the UK. Only UK licence holders cannot drive in the UK if banned in Ireland.

corktina

latvian and german would be Ok to drive in the UK as it would not affect their license. an irish drivers ban in those circumstances would in any case preclude him from driving ANYWHERE as he would have no license. This was already the case before this order.

murphaph

munchkin_utd wrote: »

the question is, is an endorsement on an IRISH licence made in the Irish courts valid in the UK?

I don't think so as the order only seems to cover full disqualifications, ie, the person has to be disqualified in either country before the other will recognise it. It doesn't seem to cover mutual recognition of endorsements or points. That presumably will follow later, one would hope.

whosedaddy?

The order affects drivers who have received disqualifications arising from a range of traffic offences including:

- Driving a vehicle whilst disqualified

How can I get disqualified twice?

murphaph

whosedaddy? wrote: »

How can I get disqualified twice?

You are usually only disqualified for a set time (say 12 months), so you could be disqualified for a further 12 months, for example.

djrichard

Does this change apply to people who have, for example, been banned in the UK before this came into effect on the 10th of January.

To make that a little clearer. If someone receives a 3 year ban in the UK on their UK licence, then obviously they are no longer allowed to drive in the ROI either. However, if that person was banned BEFORE the change on 10/01/10, would they still be able to drive on a foreign/ROI licence in the ROI? Or does it include anyone already banned in the UK before the law change. Its not clear at all.

Thought I would follow on from my previous post. I emailed the DVLA in the UK and this is the reply I received.

I have checked with the relevant department who confirm that, as of 28/01/2010, the Republic of Ireland is included in the mutual recognition scheme. This means that a driver issued a ban in the UK will also be disqualified in the Republic of Ireland.

However, this only applies to those drivers who were banned on or after the date this law was passed.

So if you were banned before 28/01/10 either in the UK or in the ROI, you can still drive in the other country providing you have a valid licence from another country.

I wonder if you could still use your old (technically banned) UK/ROI licence if it had not been handed in as others have stated on here. I think it would show up as banned by the Irish/UK police as they must surely share the same information for this system to work.

Carawaystick

Dept of Tranport wrote: »

Irish drivers disqualified in the UK and NI for certain road traffic offences will have their disqualifications recognised and applied in this country. Similarly, UK and NI drivers disqualified by Irish Courts will have their disqualifications recognised in their home country.

Why would the govt say `UK and NI'? instead of Britain and NI?

Is the driver licensing the same in Scotland as in England & Wales?

djrichard

Carawaystick wrote: »

Why would the govt say `UK and NI'? instead of Britain and NI?

Is the driver licensing the same in Scotland as in England & Wales?

Yes, it is the same. Perhaps its just the terminology they used, often gets confused.

seamus

Carawaystick wrote: »

Why would the govt say `UK and NI'? instead of Britain and NI?

Political correctness. Saying "UK (including NI)" on a Government press release might upset the chuckies.

djrichard

Here is a good link that covers a lot of questions anyone may have. This is from the UK side of things. CPS is the Crown Prosecution Service.

http://www.cps.gov.uk/legal/l_to_o/mutual_recognition_of_driving_disqualification/

Capt'n Midnight

djrichard wrote: »

Yes, it is the same. Perhaps its just the terminology they used, often gets confused.

some ddifferences though
R plates for example

djrichard

Capt'n Midnight wrote: »

some ddifferences though
R plates for example

What are R plates? I know that in the UK we have cars on Q plates. Im pretty sure thats cars that are either kit cars, or cars that have previously been written off, and there are so many different parts from various vehicles, that it would be impossible to identify it. R plates in the UK are totally normal registration. I think its 1997 for R plates.

dfx-

Good news...but on a practical level, how does it work...do the Irish authorities have access to the DVLA records if they pull someone over to look at their licence?

slimjimmc

djrichard wrote: »

What are R plates? I know that in the UK we have cars on Q plates. Im pretty sure thats cars that are either kit cars, or cars that have previously been written off, and there are so many different parts from various vehicles, that it would be impossible to identify it. R plates in the UK are totally normal registration. I think its 1997 for R plates.

Link

Restricted drivers

After passing the driving test for a motor car or a motorcycle, you must display amber R plates for a period of one year from the date of passing the test.

The plates MUST conform to legal specifications and MUST be clearly visible to others from in front of the vehicle and from behind. Plates should be removed or covered when not being driven by a restricted driver.

The maximum permitted speed for any vehicle displaying R plates is 45 mph (72km/h), whether or not the vehicle is being driven by a restricted driver.

slimjimmc

dfx- wrote: »

Good news...but on a practical level, how does it work...do the Irish authorities have access to the DVLA records if they pull someone over to look at their licence?

No, the authority in one jurisdiction must apply to the other jurisdiction to have the ban applied. So if a UK licence holder is banned the UK must ask Ireland to apply it here, it will then be on our records here.

Carawaystick

djrichard wrote: »

Here is a good link that covers a lot of questions anyone may have. This is from the UK side of things. CPS is the Crown Prosecution Service.

Apart from the fact the cps only have jurisdiction in england and Wales, while there's slightly different laws in Norn Iron and very different laws in Scotland