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Driving licence

  • 18-03-2012 1:46am
    #1
    Motorist
    Banned (with Prison Access) Posts: 892 ✭✭✭


    Hi all,

    Was looking at a part of the Road Traffic Act 1961 in relation to producing driving licence.


    40.—(1) (a) A member of the Garda Síochána may demand, of a person driving in a public place a mechanically propelled vehicle or accompanying pursuant to regulations under this Act the holder of a provisional licence while such holder is driving in a public place a mechanically propelled vehicle, the production of a driving licence then having effect and licensing him to drive the vehicle, and if such person refuses or fails to produce the licence there and then, he shall, unless within ten days after the date on which the production was demanded he produces such licence in person to a member of the Garda Síochána at a Garda Síochána station to be named by such person at the time at which the production was so demanded, 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, within ten days after the day on which the production was demanded, produce a driving licence in accordance with paragraph (a) of this subsection.

    Does anyone know it is an offence to not have a licence in the car, or is it the case that it is legal to produce it after ten days at a nominated station as the above act seems to suggest?

    I am not sure if the law was subsequently amended and now requires the licence to be carried at all times.

    Thanks.


Comments

  • #2
    source
    Registered Users, Registered Users 2 Posts: 5,303 ✭✭✭source


    It must be available for inspection or made available within 10 days. So it needs to be carried while driving.


  • #3
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    From what a Garda friend told me is that if you get stopped without it you'll get asked why you don't have it. You give an excuse and the Garda tells you to produce within 10 days. Now if you happen to be unlucky enough to be stopped by the same Garda a few weeks later and yet again you don't have it then you can get in trouble.


  • #4
    source
    Registered Users, Registered Users 2 Posts: 5,303 ✭✭✭source


    Motorist wrote: »
    source wrote: »
    It must be available for inspection or made available within 10 days. So it needs to be carried while driving.

    If it can be made available within 10 days, does that not suggest that you could hypothetically leave it at home and just produce if asked.

    Read the three words before your first highlighted sentence: 'there and then'.


  • #5
    Bloodwing
    Registered Users, Registered Users 2 Posts: 881 ✭✭✭Bloodwing


    OP, based on the legislation you posted your dead right. However that is old legislation. The principal act was amended by section 25 of the Road Traffic Act 94. Here's the relevant section.

    “40.—(1) (a) A member of the Garda Síochána may demand, of a person driving in a public place a mechanically propelled vehicle or accompanying pursuant to regulations under this Act the holder of a provisional licence while such holder is driving in a public place a mechanically propelled vehicle, the production to him of a driving licence then having effect and licensing the said person to drive the vehicle, and if the person refuses or fails so to produce the licence there and then, he shall be guilty of an offence.


  • #6
    Bloodwing
    Registered Users, Registered Users 2 Posts: 881 ✭✭✭Bloodwing


    The legislation allowing a guard to demand production within ten days still exists. If you don't produce then and there you have committed one offence. The demand for production within 10 days will then be made. If you fail to produce within ten days you have committed another separate offence and you find yourself being summoned for both offences plus the offence of not having a licence. At that point it'll be up to the judge which one/ ones your found guilty of.

    If you do produce within 10 days you have still committed the "there and then" offence. At that stage it is up to the guard as to whether or not he takes you to court for the first offence and then up to a judge as to whether or not you get convicted for it.

    I'm not sure of the reason for the change in legislation and I'm not sure about the standing orders from the DPP as you called them.

    Hope this helps!!


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  • #7
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Neilos wrote: »
    The legislation allowing a guard to demand production within ten days still exists. If you don't produce then and there you have committed one offence. The demand for production within 10 days will then be made. If you fail to produce within ten days you have committed another separate offence and you find yourself being summoned for both offences plus the offence of not having a licence. At that point it'll be up to the judge which one/ ones your found guilty of.

    If you do produce within 10 days you have still committed the "there and then" offence. At that stage it is up to the guard as to whether or not he takes you to court for the first offence and then up to a judge as to whether or not you get convicted for it.

    I'm not sure of the reason for the change in legislation and I'm not sure about the standing orders from the DPP as you called them.

    Hope this helps!!

    The reason for the change was to aid the Gardaí in identifying the person driving. No point in making a demand to produce within ten days on someone who is giving a false name.


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