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drive alone lernert permit check by garda what happen next??

  • 21-05-2013 5:53pm
    #1
    Registered Users, Registered Users 2 Posts: 39


    Hello I was caught by garda when checked tax and insurance. and they told me I could not drive alone. The Garda man took my driving license he wrote the registration number. Give back my driving licence and said that my insurance is invalid. He told me I must go to the garda station with insurance and a person with a full driving license. What's next? got summons to court? and and penalty?? I have to be afraid of?

    thanks for every answer
    Tagged:


Comments

  • Registered Users, Registered Users 2 Posts: 215 ✭✭The_Nipper_One


    I think the penalty for driving without insurance is 6 points.

    I'm unsure what will happen next, as "He told me I must go to the garda station with insurance", almost sounds like he is giving you a chance to get insured and then bring THAT insurance to the station.

    I would think that if you were getting any points at all, he would've told you there and then.


  • Registered Users, Registered Users 2 Posts: 39 rafapietrzyk


    no no i have long time insurance but he say me i was driving alone on lerner permit but i cant be alone in car. And he say me from this moment my Insurance is invalid because i I broke the law drive self . So he told me to go on garda within 10 days from today to restore my insurance


  • Registered Users, Registered Users 2 Posts: 1,418 ✭✭✭loobylou


    "Breaking the law" does not necessarily invalidate insurance. Without knowing the detail of your insurance policy it is impossible to tell if your cover was valid or not but I would suspect it was.
    A Garda cannot "suspend" or "reinstate" your insurance. Bring your insurance cert and your learners permit to the station within the 10 days as asked.
    You did commit an offence by driving unaccompanied though, you may just have to take that one on the chin if the Garda pursues it.


  • Registered Users, Registered Users 2 Posts: 2,869 ✭✭✭thegreatiam


    when I was on a provisional the insurance was only valid if I was accompanied by a qualified driver. If I was alone I was technically uncovered.
    So even tho I have fully comp insurance, if I have an incident when i was alone It would be the same as if I had no cover at all, that is what the garda meant when he said you have invalid insurance.

    Companies will insure provisional license holders, but with the stipulation if you drive alone they are not liable


  • Registered Users, Registered Users 2 Posts: 215 ✭✭The_Nipper_One


    Even if it isn't stipulated by the insurance company you're probably not covered by default if driving alone on a learner permit. By law a contract is invalidated if it involves anything which falls outside the law, and driving alone would be very easy for them to argue is outside the law and that it invalidates the contract.


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  • Registered Users, Registered Users 2 Posts: 63 ✭✭nukin_futs


    Hello I was caught by garda when checked tax and insurance. and they told me I could not drive alone. The Garda man took my driving license he wrote the registration number. Give back my driving licence and said that my insurance is invalid. He told me I must go to the garda station with insurance and a person with a full driving license. What's next? got summons to court? and and penalty?? I have to be afraid of?

    thanks for every answer

    One of the requirements of a learner permit is that you are accompanied by a driver with a full licence and they must have had this for at least two years link. In the past this has largely been ignored, but the gardai have recently begun clamping down on it. There was a recent targeted exercise.

    Your insurance is technically invalid as you are not obeying the full letter of the law. It only becomes an issue if you try to make a claim (it is likely that third party claims would be upheld).
    loobylou wrote: »
    "Breaking the law" does not necessarily invalidate insurance. Without knowing the detail of your insurance policy it is impossible to tell if your cover was valid or not but I would suspect it was.
    A Garda cannot "suspend" or "reinstate" your insurance. Bring your insurance cert and your learners permit to the station within the 10 days as asked.
    You did commit an offence by driving unaccompanied though, you may just have to take that one on the chin if the Garda pursues it.

    Also bring the fully licenced driver as the Garda stated. If you attend the garda station you won't get a summons, but likely will get 2 points. Make sure you have L-plates on the car too as failure to display them is another 2 points.


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Even if it isn't stipulated by the insurance company you're probably not covered by default if driving alone on a learner permit. By law a contract is invalidated if it involves anything which falls outside the law, and driving alone would be very easy for them to argue is outside the law and that it invalidates the contract.

    Incorrect, the person is covered by insurance. Third party insurance can not be invalidated in any other way except that laid down in the insurance regs.


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    nukin_futs wrote: »
    One of the requirements of a learner permit is that you are accompanied by a driver with a full licence and they must have had this for at least two years link. In the past this has largely been ignored, but the gardai have recently begun clamping down on it. There was a recent targeted exercise.

    Your insurance is technically invalid as you are not obeying the full letter of the law. It only becomes an issue if you try to make a claim (it is likely that third party claims would be upheld).



    Also bring the fully licenced driver as the Garda stated. If you attend the garda station you won't get a summons, but likely will get 2 points. Make sure you have L-plates on the car too as failure to display them is another 2 points.


    Third party claims will be paid and on that basis the person is covered.


  • Registered Users, Registered Users 2 Posts: 215 ✭✭The_Nipper_One


    Incorrect, the person is covered by insurance. Third party insurance can not be invalidated in any other way except that laid down in the insurance regs.

    http://www.independent.ie/lifestyle/motoring/learners-who-drive-alone-still-insured-26456851.html

    Seems you're right.


  • Registered Users, Registered Users 2 Posts: 1,418 ✭✭✭loobylou


    nukin_futs wrote: »


    Also bring the fully licenced driver as the Garda stated.

    You won't need to bring anyone along with you, unless, of course you drive there:D


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