Licence out of date stopped by guard.

youtube!

The other night I was stopped at a checkpoint standard tax nct and insurance kind of set up but just before I pulled away the Guard decided to ask me to produce my Licence, now I know it is not an excuse but I was driving the Missus's car and had left my Licence in my own one so I couldn't show it to him, he was OK about it and just told me to show it in the station within 10 days.

Now here is my problem, when I went to my own car to get my licence I find that it is out of date for just over a year, again I know it's no excuse but as it was a 10 yr issue I really thought it was still in date.

I am going off later today to get myself a renewal but as it takes a at least a week or two to actually receive it by post it won't be in time for the 10 day limit to produce in the Garda station. If I get a receipt from the NDCL will this suffice as proof of my Licence or am I in trouble here?

Kimbot

I would imagine the receipt should suffice.

Cee-Jay-Cee

Take photocopy of your old licence before you renew it and bring it with your receipt from NDLS to the station, it should suffice.

KERSPLAT!

It's all well and good getting a licence renewed but the OP was driving without a valid licence, surely there would be some sort of repercussions when/if the Guard realises?

youtube!

CJC999 wrote: »

Take photocopy of your old licence before you renew it and bring it with your receipt from NDLS to the station, it should suffice.

Do you think that if they notice that my old one was out of date when I was stopped that they could fine me?

djimi

KERSPLAT! wrote: »

It's all well and good getting a licence renewed but the OP was driving without a valid licence, surely there would be some sort of repercussions when/if the Guard realises?

Maybe, but one would hope that common sense would prevail. The OP was not driving unlicensed; they simply had not paid to update the piece of paper. It should make no odds once the license is updated and proof of this can be presented to the Garda.

punisher5112

Hi op just go to Garda station and be honest. Its happened many people sure my dads was out the same and not a problem at all.

Its not like you are disqualified.

Obviously you could be unlucky but if your sort licence out you should be ok.

These things do happen and you have nothing to hide.

At least your not on a learner licence for over 10 years

KERSPLAT!

djimi wrote: »

Maybe, but one would hope that common sense would prevail. The OP was not driving unlicensed; they simply had not paid to update the piece of paper. It should make no odds once the license is updated and proof of this can be presented to the Garda.

Really? I thought that since it was out of date that the driver was unlicensed until renewed. Good to know

No Pants

KERSPLAT! wrote: »

Really? I thought that since it was out of date that the driver was unlicensed until renewed. Good to know

Common sense would suggest that, but it does not appear to be the case.

djimi

KERSPLAT! wrote: »

Really? I thought that since it was out of date that the driver was unlicensed until renewed. Good to know

Not at all. You dont suddenly become disqualified from driving until you renew your license; you are still a fully licensed driver, you just havent paid the €50 (or whatever it costs) to get a new piece of plastic with a new expiration date on it.

obezyana

Happened to a friend of mine his licence was out a couple of yrs he genuwinely didn't know as he never carried it as at that time he lived in the sticks so carrying it wasn't exactly essential as he never came across any Guards. When he did meet a checkpoint has was asked to produce at his nearest station it was then he realised it was out of date he applied for the renewal and showed the Guards proof and his old licence and all was good from there. Maybe it all comes down to the Guard you meet.

djimi

No Pants wrote: »

Common sense would suggest that, but it does not appear to be the case.

Why would common sense suggest that? Its not like you have to re-sit a test to renew your license.

No Pants

djimi wrote: »

Why would common sense suggest that? Its not like you have to re-sit a test to renew your license.

Just pulled my "Prawo Jazdy" out of the car. It's the pink paper version as I'm not paying anyone anything more until 2022 if I can get away with it.

At the top of the second page it states "catagories of vehicles for which licence is valid" and across from B it has:

ó / from 19-01-12 go /to 18-01-22

That would suggest that the licence is not valid for those categories outside of that date range.

However, your point is still valid in that renewal of the driving licence is an admin exercise, so I don't think there's any benefit in a guard taking action beyond saying, "Get that renewed".

Cypher_sounds

The question is, why is their an expiry date on a drivers licence? A money making scheme or a way to catch people out when it expires?

djimi

Cypher_sounds wrote: »

The question is, why is their an expiry date on a drivers licence? A money making scheme or a way to catch people out when it expires?

The only logic I can think is that the photo needs to be updated, otherwise people in their 60s could be driving around with a picture of them when they were 17

Other than that its another tax; simple as that really.

No Pants

Cypher_sounds wrote: »

The question is, why is their an expiry date on a drivers licence? A money making scheme or a way to catch people out when it expires?

Could be just for identification purposes. An expiration date stops people driving around with a grainy black and white picture taken in 1951.

djimi

No Pants wrote: »

Just pulled my "Prawo Jazdy" out of the car. It's the pink paper version as I'm not paying anyone anything more until 2022 if I can get away with it.

At the top of the second page it states "catagories of vehicles for which licence is valid" and across from B it has:

ó / from 19-01-12 go /to 18-01-22

That would suggest that the licence is not valid for those categories outside of that date range.

However, your point is still valid in that renewal of the driving licence is an admin exercise, so I don't think there's any benefit in a guard taking action beyond saying, "Get that renewed".

Fair enough; I have to admit I couldnt tell you the last time I looked at my license! The time before that was when I realised that it had expired some 18 months previously :pac: It lives in my glove box and I couldnt tell you the last time that I was asked to produce it but at a guess Id say its probably more than 5 years ago.

bmstuff

Cypher_sounds wrote: »

The question is, why is their an expiry date on a drivers licence? A money making scheme or a way to catch people out when it expires?

Just to make sure the holders picture is matching the face when stopped.
If there is a 30 year s gap between the picture and person stopped that is going to be challenging to make sure this is the real holder.
Renewing every 10 years makes things easier for the guard/police.
Plus a license a commonly used as an id. Same idea with passports really.
My 2 cents

No Pants

I'm afraid that I'll have to chuck in the towel here. I've taken a look at the law and I think I've found what is relevant, but the first clause is confusing the hell out of me.

From the Road Traffic Act, 1961:

We'll start with section Prohibition on driving without driving licence.

38.—(1) A person shall not drive a mechanically propelled vehicle in a public place unless he holds a driving licence for the time being having effect and licensing him to drive the vehicle.

(2) (a) A person who contravenes subsection (1) of this section shall 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, at the time he drove the vehicle, hold a driving licence then having effect and licensing him to drive the vehicle.

(3) The owner of a mechanically propelled vehicle shall not employ a person to drive the vehicle in a public place unless the person holds a driving licence for the time being having effect and licensing him to drive the vehicle.

(4) (a) A person who contravenes subsection (3) of this section shall 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 the person employed to drive the vehicle did not, at the time he drove the vehicle, hold a driving licence then having effect and licensing him to drive the vehicle.

(5) A person—

(a) who is summarily convicted of the offence of contravening subsection (1) of this section and was at the time he committed the offence—

(i) disqualified for holding a driving licence, or

(ii) a person required to produce a certificate of competency or a certificate of fitness before obtaining a driving licence, or

(b) who is summarily convicted of the offence of contravening subsection (3) of this section in a case in which the person employed to drive the vehicle was at the time he drove the vehicle—

(i) disqualified for holding a driving licence, or

(ii) a person required to produce a certificate of competency or a certificate of fitness before obtaining a driving licence,

shall be liable to the following punishment in lieu of the punishment mentioned in section 102 of this Act, that is to say, to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(6) Subsections (1) to (5) of this section shall not apply in relation to a member of the Garda Síochána driving a mechanically propelled vehicle in the course of his duty.

(7) Pedestrian-controlled vehicles which are specified for the purposes of this subsection by the Minister by regulations and which comply with the conditions stated in the regulations are hereby excepted from subsections (1) to (5) of this section and sections 40 and 41 of this Act.

That seems clear enough. There may of course be amendments to this act, changes from pounds to euros, etc.

It's the Period during which driving licence has effect piece that I'm struggling with.

25.—Subject to the provisions of this Part of this Act and any regulations thereunder, a driving licence shall have effect—

(a) in the case of a licence which is expressed as not having effect until it is signed by the grantee and which is not signed by him before the commencement of the period for which it is granted—the part (if any) of the period for which it is granted which is subsequent to its having been signed by the grantee, and

(b) in any other case—the period for which the licence is granted.

I can't wrap my brain around clause (a).

robbie99

No Pants wrote: »

25.—Subject to the provisions of this Part of this Act and any regulations thereunder, a driving licence shall have effect—

(a) in the case of a licence which is expressed as not having effect until it is signed by the grantee and which is not signed by him before the commencement of the period for which it is granted—the part (if any) of the period for which it is granted which is subsequent to its having been signed by the grantee, and

(b) in any other case—the period for which the licence is granted.

I can't wrap my brain around clause (a).

I think clause a is saying that where a license needs to be signed by the 'grantee', if it's unsigned then it's invalid. If the grantee forgot to sign it but signs it later, the license is valid only from the date it got signed.

No Pants

robbie99 wrote: »

I think clause a is saying that where a license needs to be signed by the 'grantee', if it's unsigned then it's invalid. If the grantee forgot to sign it but signs it later, the license is valid only from the date it got signed.

That's what I thought, but then I read this:


Signing of driving licence by grantee thereof

24.—Where a driving licence which is expressed as not having effect until it is signed by the grantee is granted—

(a) it shall be the duty of the grantee forthwith to sign his name on the licence in the place indicated in that behalf therein,

(b) if the grantee fails so to sing the licence, he shall not, for the purposes of this Part of this Act, be regarded as not being the holder of the licence merely by reason of such failure.

the culture of deference

you have 10 years to update your license from the date of expiry