Car impounded unlicenced girlfirend was driving

triple-M

Hi I was giving my girlfriend a driving lesson on a public road and we were pulled over by the garda and they seized the car and are taking it to the impound place up in donabate,the car was taxed and nct'ed and insured in my name and i have full licence but my girlfriend has nothing no learner permit or insurance, etc,i know we were stupid but am just wondering what we can expect to happen?im collecting the car tomorrow and paying the impound charge but am just wondering if we get summnsed to court what might happen and would we both get fined or would i get points or a ban even though I wasnt driving,thanks

Rodin

almost killed a learner driver on a slip road coming off the motorway into limerick.
she panicked after pulling off and stopped dead on the ramp.
rules exist for a reason

triple-M

Rodin wrote: »

almost killed a learner driver on a slip road coming off the motorway into limerick.
she panicked after pulling off and stopped dead on the ramp.
rules exist for a reason

thats not answering the question

Rodin

I know it's not answering
It's a reprimand
And you weren't 'stupid'
You were knowingly reckless without giving a flying you know what until you got caught

445279.ie

She'll probably be summonsed for driving with no insurance and you for letting someone drive your car without insurance.

Definitely big fines for both of you and possible disqualifications

January

triple-M I know you live near me... you're girlfriend will be summonsed for driving without a license, driving without insurance usually a ban and a hefty fine... was it local? you can PM me if you like?

triple-M

thanks for the help,so basically worst case scenario,big fines for both of us and i lose my licence?

kirving

I don't think it should have anything to do with your licence, since you dont nessecarily need a licence to own a car. If you had no licence, you couldn't lose it, so I don't think you can have it revoked. (Just IMO, not advice)

jassha

Common sense should prevail. Be proactive and go to ure super and explain the situation and the circumstances and go from there. In my experience doing nothing and waiting to see what happens does not work. Dont be afraid to ask a member of the force u know or a friend knows for advice . Hope this helps

coylemj

Kevin Irving wrote: »

I don't think it should have anything to do with your licence, since you dont nessecarily need a licence to own a car. If you had no licence, you couldn't lose it, so I don't think you can have it revoked. (Just IMO, not advice)

The penalty of being disqualified is commonly described as 'losing my licence' which it is not. What the judge hands down is a penalty disqualifying you from holding a licence, it's completely irrelevant if you hold or even ever held a licence.

The effect of being disqualified is (1) you cannot apply for a licence (2) if you have a licence it's revoked and (3) you cannot be insured to drive since all insurance companies impose a condition that you must not be disqualified in order to be covered under one of their policies.

coylemj

jassha wrote: »

Common sense should prevail. Be proactive and go to ure super and explain the situation and the circumstances and go from there. In my experience doing nothing and waiting to see what happens does not work. Dont be afraid to ask a member of the force u know or a friend knows for advice . Hope this helps

And the local super will be all understanding and say it's ok to bring your girlfriend for a driving lesson on a public road with no insurance?

Or what did you mean when you said that 'common sense should prevail'?

Jo King

There was insurance on the car. the o/ps insurance will cover any injuered third party.
This has been the case since Directive 84/5 EC was implemented.

"Article 2
1. Each Member State shall take the necessary measures to ensure that any statutory provision or any contractual clause contained in an insurance policy issued in accordance with Article 3 (1) of Directive 72/166/EEC, which excludes from insurance the use or driving of vehicles by:
- persons who do not have express or implied authorization thereto, or
- persons who do not hold a licence permitting them to drive the vehicle concerned, or
- persons who are in breach of the statutory technical requirements concerning the condition and safety of the vehicle concerned,
shall, for the purposes of Article 3 (1) of Directive 72/166/EEC, be deemed to be void in respect of claims by third parties who have been victims of an accident."

The only offences committed are those regarding licences.

The Orb

jassha wrote: »

Common sense should prevail. Be proactive and go to ure super and explain the situation and the circumstances and go from there. In my experience doing nothing and waiting to see what happens does not work. Dont be afraid to ask a member of the force u know or a friend knows for advice . Hope this helps

Nothing personal but common sense should prevail and the proverbial book should be thrown at both of you. You put both yourselves and other drivers at risk.

Bosco boy

If the op had insurance and tax and a licence then seizing the car was over the top. The Garda should have taken details and told the op to drive. The offences can be dealt with by summons. Seizing the car serves no purpose. I would doubt the op will be disqualified given the circumstances. They will probally be fined. I have seen this senario in court before and the people were not disqualified after it was explained and apologies given. I got the impression from the judge that he was unimpressed that the Garda hadn't used his own discretion and cationed them and put the owner driving and left it at that.

MagicSean

Jo King wrote: »

There was insurance on the car. the o/ps insurance will cover any injuered third party.
This has been the case since Directive 84/5 EC was implemented.

"Article 2
1. Each Member State shall take the necessary measures to ensure that any statutory provision or any contractual clause contained in an insurance policy issued in accordance with Article 3 (1) of Directive 72/166/EEC, which excludes from insurance the use or driving of vehicles by:
- persons who do not have express or implied authorization thereto, or
- persons who do not hold a licence permitting them to drive the vehicle concerned, or
- persons who are in breach of the statutory technical requirements concerning the condition and safety of the vehicle concerned,
shall, for the purposes of Article 3 (1) of Directive 72/166/EEC, be deemed to be void in respect of claims by third parties who have been victims of an accident."

The only offences committed are those regarding licences.

I thought that directive didn't apply when a person entered a vehicel knowing they weren't insured. I'm open to correction on this. That might be just for stolen vehciles.

Jo King

k_mac wrote: »

I thought that directive didn't apply when a person entered a vehicel knowing they weren't insured. I'm open to correction on this. That might be just for stolen vehciles.

The only time the directive doesn't apply is when the owner has not consented to the driving.

legaleagle10

The Orb wrote: »

Nothing personal but common sense should prevail and the proverbial book should be thrown at both of you. You put both yourselves and other drivers at risk.

I agree, what was he thinking letting his gf drive A. without as much as a learners permit and B with no insurance...stupidity personified!! throw the book i say teach some people a lesson! The guards done the right thing here taking lunatics like this off the road. What if his gf crashed clearly she's never driven if she has no permit even....yet another case for the MIBI!!

timo87

Feck it lads i think yer bein a bit over the top.

Where did ye all learn to drive?