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Provisional licence without L-plate and accompanied full licence holder - €7000 fine

  • 22-10-2010 11:05pm
    #1
    Closed Accounts Posts: 2


    Hi everyone,

    Please help me on this matter if you have experience of this in the past or you know some one who was involved in a similar situation to mine.

    I was on my way dropping my two siblings off to school, a Garda stopped the car and asked me to show my licence. I produced him with my provisional licence. He asked me for the L-plate which I did not have because the car was borrowed, the owner was my aunt who also was in the car but she was sitting at the back seat. Thus he called out 2 charges to me, one for not having the L-plate on which incurred a fine of 1500 euro, the other for not having an accompanied full licence holder sitting in the front seat next to me, this charge incurred a fine of 5500 euro. The Garda also said to me to wait to be called to court.

    This whole incident came at lightening speed. I am only student, it would be extremely hard for me to gather all that money, so I just want to know if somebody do have the answer to my question that, when I go to the court, will the judge be understanding of and linient to my situation and may reduce the charges.

    Please help me with some information.


Comments

  • Closed Accounts Posts: 5,451 ✭✭✭Delancey


    I think the Garda was quoting the maximum fine for these offences. Personally I would be very surprised if the fines imposed came even close to those figures , in any event if it goes to court that would be your opportunity to speak up and explain your financial position to the judge who would take that into account.


  • Closed Accounts Posts: 2 Vanessa2912


    delancey42 wrote: »
    I think the Garda was quoting the maximum fine for these offences. Personally I would be very surprised if the fines imposed came even close to those figures , in any event if it goes to court that would be your opportunity to speak up and explain your financial position to the judge who would take that into account.

    Thank you so much for the information and opinion provided. I should keep what you advised in mind in preparation for the court presentation.

    Thank you!


  • Closed Accounts Posts: 8,048 ✭✭✭Amazotheamazing


    Thank you so much for the information and opinion provided. I should keep what you advised in mind in preparation for the court presentation.

    Thank you!

    (Most) Judges aren't ogres, if you turn up looking presentable and explain the situation you'll probably at worst get a smaller fine. In the meantime, it'd do no harm to pass your driving test so you could show the Court you'd taken the Gardai seriously and would no longer be driving on a provisional.

    I know it's poacher turned gamekeeper stuff as most adults in Ireland abused the provisional license system too but the era of getting away with it is passing.


  • Moderators, Recreation & Hobbies Moderators, Science, Health & Environment Moderators, Technology & Internet Moderators Posts: 93,583 Mod ✭✭✭✭Capt'n Midnight


    The requirement to have a qualified person has existed since at least 1979 ( but there was the anomoly over second provisionals ) so the question is really whether you Aunt was supervising or not. (I am assuming that since she didn't have L plates she has a full license)

    It's a legal technicallity though since the qualified driver should by rights be able to take control of the vehicle if necessary.

    http://www.irishstatutebook.ie/2006/en/si/0537.html
    vehicles of category B, C1, C, D1, D, EB, EC1, EC, ED1 or ED, shall not drive such a vehicle unless he or she is accompanied by and is under the supervision of a qualified person,

    I can't see where it says the supervisor has to be in the passengar seat.


    also http://www.irishstatutebook.ie/2007/en/si/0719.html


    As for not having L plates I'm guessing you should just take the rap on that as it's a less serious charge than driving unaccompanied.


  • Registered Users, Registered Users 2 Posts: 3,095 ✭✭✭ANXIOUS


    Id be surprised if anything comes of this to be honest. Its happened to me before, they just say keep an eye on the post and nothing ever comes.


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