Temporary License??

konnod321

Hey my License has expired.
I was wondering if i went down to the Motor Office would they give me a Slip or something that shows ive a license instead of not being able to drive while waiting for my renewed license.
sorry if this is a dumb question.

Wishbone Ash

konnod321 wrote: »

Hey my License has expired.
I was wondering if i went down to the Motor Office would they give me a Slip or something that shows ive a license instead of not being able to drive while waiting for my renewed license.
sorry if this is a dumb question.

You can drive for up to 10 years on an expired licence. If it has expired by more than 10 years, you're back to square one - theory test, learner permit etc.

Gitb1

Wishbone Ash wrote: »

You can drive for up to 10 years on an expired licence. If it has expired by more than 10 years, you're back to square one - theory test, learner permit etc.

10 years seriously?

I read that first as 10 days was kinda shocked when i re-read it

slimjimmc

konnod321 wrote: »

Hey my License has expired.
I was wondering if i went down to the Motor Office would they give me a Slip or something that shows ive a license instead of not being able to drive while waiting for my renewed license.
sorry if this is a dumb question.

I think you can get a receipt to show you have applied and paid for renewal, that might suffice for most situations. I'm probably wrong on this but I think your renewal is effective immediately so you may be licenced even though you don't have it in your hand.

Wishbone Ash wrote: »

You can drive for up to 10 years on an expired licence. If it has expired by more than 10 years, you're back to square one - theory test, learner permit etc.

Licences are only valid for a period of time up to 10 years. If you drive on an expired licence you do not have a valid licence and can be prosecuted for the offence and get 2 penalty points (5 if you go to court and fine up to €1000) . Sect 38 RTA 1961

38.—(1) A person shall not drive a mechanically propelled vehicle in a public place unless he holds a driving licence for the time being having effect and licensing him to drive the vehicle.

You can renew your licence within 10 years of expiry without having to resit the test but you can not legally drive during that time.



[Edit]
Sect 16 of The RTA 2006 has reduced the penalty points to 1/3 instead of 2/5. The NSC need to update their site.
[/Edit]

Del2005

slimjimmc wrote: »

I think you can get a receipt to show you have applied and paid for renewal, that might suffice for most situations. I'm probably wrong on this but I think your renewal is effective immediately so you may be licenced even though you don't have it in your hand.

Correct the receipt is proof that you have a licence so you are safe to drive once you've got the receipt.

Licences are only valid for a period of time up to 10 years. If you drive on an expired licence you do not have a valid licence and can be prosecuted for the offence and get 2 penalty points (5 if you go to court and fine up to €1000) . Sect 38 RTA 1961
You can renew your licence within 10 years of expiry without having to resit the test but you can not legally drive during that time.



[Edit]
Sect 16 of The RTA 2006 has reduced the penalty points to 1/3 instead of 2/5. The NSC need to update their site.
[/Edit]

There's a difference between never having a licence and having an expired licence.

You can legally drive with an expired licence, the insurance companies allow you to drive once you have or have held a licence for the class of vehicle you wish to drive. If it was against the law to drive on an expired licence you would be guaranteed that your insurance policy wouldn't allow it.

MunsterCycling

Why if you are going to the Tax Office do you think you will need a receipt, they issue your license to you right there and then

potsy86

you pay the fee and are given a slip and the licence takes about 7 days to arrive in the post and you can drive wit the slip

Armadillo

Here's a handy service for future use:
https://eforms.gov.ie/en/reminder/driving/

slimjimmc

Del2005 wrote: »

There's a difference between never having a licence and having an expired licence.

Indeed and the max fine for an expired licence is €1000, the max fine if never held a licence or licence is expired by more than 1 year is €2000
http://www.irishstatutebook.ie/2006/en/act/pub/0023/sec0012.html

12.— Section 38 of the Principal Act is amended—

(a) in subsection (2), by substituting for paragraph (a) the following:

“(a) A person who contravenes subsection (1) is guilty of an offence and, subject to subsection (5), is liable on summary conviction—

(i) where at the time of the commission of the offence he or she had been the holder of a driving licence (other than a learner permit) which had expired beyond its period of validity for a period of not more than 12 months before the commission of the offence, to a fine not exceeding €1,000, and

(ii) in any other case, to a fine not exceeding €2,000.”;

This is the bit in the Principal Act which has been amended by the above:
http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0038.html

Prohibition on driving without driving licence. 38.—(1) A person shall not drive a mechanically propelled vehicle in a public place unless he holds a driving licence for the time being having effect and licensing him to drive the vehicle.

(2) ( a ) A person who contravenes subsection (1) of this section shall be guilty of an offence.

( b ) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, at the time he drove the vehicle, hold a driving licence then having effect and licensing him to drive the vehicle.

Del2005 wrote: »

You can legally drive with an expired licence, the insurance companies allow you to drive once you have or have held a licence for the class of vehicle you wish to drive. If it was against the law to drive on an expired licence you would be guaranteed that your insurance policy wouldn't allow it.

Then why bother issue fixed term licences, why not just issue a licence for life? The Act above and this case begs to differ:
http://www.independent.ie/national-news/speeding-tds-driving-licence-had-lapsed-2035807.html

A Fianna Fail TD has been fined for speeding and having no driver's licence.
Former minister of state Noel Treacy, whose portfolio in the early 1990s included transport, did not appear in person before Tullamore District Court to answer the two summons, which relate to an incident which occurred on the M6 at Horseleap on June 19 last.
Garda Declan Miley told the court that when he stopped Mr Treacy, of Gurteen, Ballinasloe, Galway, he had been travelling at 158kmh in a 120kmh zone.
The 58-year-old's licence had lapsed, solicitor Donal Farrelly told the court.
Apologise
Mr Treacy wished to apologise and said he was proceeding to put his licence in place.
Judge Gerard Haughton imposed fines of €150 on each of the two offences, and a charge of failing to produce the licence was struck out.
Mr Treacy featured prominently in reports earlier this month when he attacked the media after they highlighted the fact that the former government minister emerged as the Dail's top claimant for expenses and allowances, totalling e95,233 for the 12 months up to December.
This comprised expenses of e85,217 and an allowance of e10,016 as chairman of the Oireachtas Joint Committee on the implementation of the Good Friday Agreement.
He accused national media of consistently distorting the reality of the situation with regard to expenses paid to Oireachtas members.
- Claire O'Brien
Irish Independent

Wishbone Ash

slimjimmc wrote: »

Licences are only valid for a period of time up to 10 years. If you drive on an expired licence you do not have a valid licence and can be prosecuted for the offence and get 2 penalty points (5 if you go to court and fine up to €1000) . Sect 38 RTA 1961
You can renew your licence within 10 years of expiry without having to resit the test but you can not legally drive during that time.

You are not interpreting the regulations correctly. When they refer to driving without a "valid licence" they mean valid for the category of vehicle regardless of whether it has expired or not. For example, one can be prosecuted for driving a truck while only holding a category B licence as one does not have a "valid" licence for the truck.

If you read the district court reports in local newspapers convictions for licencing irregularities are always for driving without ever having had a licence, driving a different category of vehicle than that which the licence is held or driving while disqualified.You will never hear of anyone being convicted of driving on an expired licence.

A large portion of the population are driving around with expired licences. Do you seriously think that they are all uninsured? As Del2005 says, even the insurance companies ask "do you hold or have you ever held" a licence to drive the vehicle.

MunsterCycling wrote: »

Why if you are going to the Tax Office do you think you will need a receipt, they issue your license to you right there and then

A small number do (Cork being one) but they shouldn't really. The vast majority of MTOs correctly insist on posting it out to the address which is to be printed on the licence. I think it's to deter people from providing a ficticious address when applying for a licence in person.

slimjimmc

Wishbone Ash wrote: »

You are not interpreting the regulations correctly. When they refer to driving without a "valid licence" they mean valid for the category of vehicle regardless of whether it has expired or not. For example, one can be prosecuted for driving a truck while only holding a category B licence as one does not have a "valid" licence for the truck.

I have read the ammendments in the the context of the the main act and I don't think I am misinterpreting the regulations, but I'm open to any evidence to the contrary.
My reasons are the ammendment a(i) to Sect 38 as I quoted above, explicitly states "holder of a driving licence (other than a learner permit) which had expired beyond its period of validity for a period". Ammendement a(ii) deals all other cases which I interpret to include driving the wrong class as well as never holding a licence of any type.

Wishbone Ash wrote: »

If you read the district court reports in local newspapers convictions for licencing irregularities are always for driving without ever having had a licence, driving a different category of vehicle than that which the licence is held or driving while disqualified.You will never hear of anyone being convicted of driving on an expired licence.

I provided a link to one such case - a TD was convicted for driving without a licence (his legal rep admitted in court he let the licence lapse) and speeding. He was let off with failure to produce a licence.

Wishbone Ash wrote: »

A large portion of the population are driving around with expired licences. Do you seriously think that they are all uninsured? As Del2005 says, even the insurance companies ask "do you hold or have you ever held" a licence to drive the vehicle. A small number do (Cork being one) but they shouldn't really. The vast majority of MTOs correctly insist on posting it out to the address which is to be printed on the licence. I think it's to deter people from providing a ficticious address when applying for a licence in person.

An expired licence doesn't automatically void the 3rd party element of an insurance policy just like no tax, a faulty brake light or bald tyre doesn't; 3rd party insurance is a minimum legal requirement and insurance companies must honour 3rd party claims. However they will persue you for the payouts they made and they don't have to honour any personal losses (comprehensive element of our policy), this is often stated as one of the conditions of the contract. As far as the law is concerned you are legally insured because your policy protects 3rd parties which is essentially all the law requires.

With regards to "do you hold or have you ever held" a licence I understand that to mean they want to know if you have ever be been deemed qualified to drive (or are in the process of learning to drive) that class of vehicle. Insurance companies base everything on risk and the chances are that a licence/learner permit holder is a lower risk than someone who has never held one.

-Corkie-

10 years!!! I always thought it was 6 months to renew your licence after the expiry date. Thats intresting