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driving ban

  • 13-06-2010 10:07am
    #1
    Sparticous
    Registered Users, Registered Users 2 Posts: 30 ✭


    im just about a year into a 2 year driving ban can i make a apeal to get my licence back after a year


Comments

  • #2
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Probably not.

    Presuming the ban was imposed for an offence committed after 5 March 2007 you can apply to have a licence restored for a ban which is in excess of 2 years after two thirds of the disqualification is served. Two year bans imposed for offences committed after that date are longer eligible for early restoration. (See Section 6 Road Traffic Act 2006, commenced by SI Number 86 of 2007).

    The practice for offences pre-dating 5 March 2007, once the new legislation came into effect, was to allow an application under the old system which allowed any licence suspended for 2 years to be restored after half of the disqualification had elapsed, and a disqualification of in excess of 2 years to be restored after 2 years had elapsed.

    Under the new system if a 2 year ban is provided for it is desirable to ask for a ban of say 2 years and some small period of time in excess (1 day, 1 week etc.) to make the disqualification eligible for early restoration. Some judges will accede to that application and some will not (whether a person pleads guilty or contests the case is highly influential).


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