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Driving license taken in different country

  • 01-09-2015 7:48pm
    #1
    Registered Users, Registered Users 2 Posts: 79 ✭✭


    My drivers license is taken by police in different country (eu) for driving offence. I do work in a company that provides a vehicle for me. What would happen if garda stops me? Considering car insurance and tax are under my name and paid by a company? What fine would I or company get? Would I be banned from driving altogether?


Comments

  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    siulas wrote: »
    My drivers license is taken by police in different country (eu) for driving offence. I do work in a company that provides a vehicle for me. What would happen if garda stops me? Considering car insurance and tax are under my name and paid by a company? What fine would I or company get? Would I be banned from driving altogether?

    afaik, the offence also applies here so if you are banned in that EU country it can apply here.

    Someone will clarify it for you though

    Was it an Irish licence?


  • Registered Users, Registered Users 2 Posts: 79 ✭✭siulas


    Stheno wrote: »
    afaik, the offence also applies here so if you are banned in that EU country it can apply here.

    Someone will clarify it for you though

    Was it an Irish licence?

    No, driving licence isn't Irish.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    siulas wrote: »
    No, driving licence isn't Irish.

    So do you have an Irish licence now?

    And did you get it after you were banned in the other country?


  • Registered Users, Registered Users 2 Posts: 79 ✭✭siulas


    Stheno wrote: »
    So do you have an Irish licence now?

    And did you get it after you were banned in the other country?

    No, I only had EU licence. Ban is for 6 months only though.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    siulas wrote: »
    No, I only had EU licence. Ban is for 6 months only though.

    Eh so you are currently driving with no licence due to being banned?

    You'll be jailed if you are caught.

    When were you banned?


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  • Registered Users, Registered Users 2 Posts: 79 ✭✭siulas


    Stheno wrote: »
    Eh so you are currently driving with no licence due to being banned?

    You'll be jailed if you are caught.

    When were you banned?

    Shiiiit. Couple weeks ago. Are you certain about being jailed?


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    siulas wrote: »
    Shiiiit. Couple weeks ago. Are you certain about being jailed?

    The licence itself is a penalty points offence, but you've no insurance as you've no licence, and are currently subject to a ban in the EU

    So you are driving while disqualified which invalidates your insurance, and you should have informed your insurance company of this.

    Driving while disqualified if caught here is up to 5,000 fine or up to six months in prison

    http://www.irishtimes.com/news/politics/disqualified-motorists-caught-driving-to-be-arrested-on-the-spot-1.2255619
    Motorists caught driving while disqualified from the road can be arrested on the spot under new powers available to An Garda Síochána from next week.

    Currently, those caught driving while disqualified can only be served with a summons, and the case can take months to get to court.

    Minister for Paschal Donohoe is to sign a new order to allow Gardaí to arrest such drivers on the spot and to bring them to court the next day, or even the same day if a court is available.

    The new rules will come into effect from Monday. The penalty for driving while disqualified is a fine of as much as € 5,000 and/or a maximum of six months in prison.

    What country were you banned in?


  • Registered Users, Registered Users 2 Posts: 79 ✭✭siulas


    Stheno wrote: »
    afaik, the offence also applies here so if you are banned in that EU country it can apply here.

    Someone will clarify it for you though

    Sorry, it is one of the EU countries (not UK).
    I would like it to be clarified if I'm banned in other EU country, am I banned in Ireland as well?


  • Registered Users, Registered Users 2 Posts: 311 ✭✭JackHeuston


    siulas wrote: »
    Sorry, it is one of the EU countries (not UK).
    I would like it to be clarified if I'm banned in other EU country, am I banned in Ireland as well?

    You have no licence with you, you can't drive anywhere.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    You have no licence with you, you can't drive anywhere.

    Exactly, and you've no insurance as you need a licence to hold insurance.


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  • Registered Users, Registered Users 2 Posts: 79 ✭✭siulas


    You have no licence with you, you can't drive anywhere.

    Would you know what fines are for driving without licence?


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    siulas wrote: »
    Would you know what fines are for driving without licence?

    Already posted in this thread if you read back


  • Registered Users, Registered Users 2 Posts: 79 ✭✭siulas


    Stheno wrote: »
    Exactly, and you've no insurance as you need a licence to hold insurance.

    That leads to my original question, car belongs to company, would they be fined if I'm caught? Am I going to be fined? How much?


  • Registered Users, Registered Users 2 Posts: 79 ✭✭siulas


    According to this ( http://www.cps.gov.uk/legal/l_to_o/mutual_recognition_of_driving_disqualification/ ), there is no mutual arrangement between other EU countries. So it would be driving without licence, rather that being disqualified and driving, wouldn't it?


  • Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Stheno wrote: »
    Driving while disqualified if caught here is up to 5,000 fine or up to six months in prison

    http://www.irishtimes.com/news/politics/disqualified-motorists-caught-driving-to-be-arrested-on-the-spot-1.2255619

    There is your answer OP. I would assume that your company plus you will get a fine, but the prison time will be just for you.


  • Registered Users, Registered Users 2 Posts: 4,101 ✭✭✭spaceHopper


    If you have an accident and the insurance find out then you will be fooked you would have no insurance at all best thing to do is come clean in work and not drive. If you get stopped buy a guard or get points here they will want to see your license and will finf out.


  • Closed Accounts Posts: 843 ✭✭✭QuinDixie


    siulas wrote: »
    According to this ( http://www.cps.gov.uk/legal/l_to_o/mutual_recognition_of_driving_disqualification/ ), there is no mutual arrangement between other EU countries. So it would be driving without licence, rather that being disqualified and driving, wouldn't it?

    Just go and get a provisional licence here and drive around like the other thousands on provisional licences.
    There will be no checks done to see if you banned in another country.
    Do not listen to drama queens here, you will not go to jail.


  • Registered Users, Registered Users 2 Posts: 79 ✭✭siulas


    If you have an accident and the insurance find out then you will be fooked you would have no insurance at all best thing to do is come clean in work and not drive. If you get stopped buy a guard or get points here they will want to see your license and will finf out.

    This is probably best advice, thanks. I think I will have to avoid driving for a while :/


  • Registered Users, Registered Users 2 Posts: 79 ✭✭siulas


    QuinDixie wrote: »
    Just go and get a provisional licence here and drive around like the other thousands on provisional licences.
    There will be no checks done to see if you banned in another country.
    Do not listen to drama queens here, you will not go to jail.

    haha :D thanks, this might be an option as well.


  • Registered Users, Registered Users 2 Posts: 362 ✭✭Fluffybums


    Your work might not be too impressed if you are driving without your licence. You run the risk of a fine and losing you job if caught.


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  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    siulas wrote: »
    That leads to my original question, car belongs to company, would they be fined if I'm caught? Am I going to be fined? How much?

    No they will probably just fire you.
    siulas wrote: »
    According to this ( http://www.cps.gov.uk/legal/l_to_o/mutual_recognition_of_driving_disqualification/ ), there is no mutual arrangement between other EU countries. So it would be driving without licence, rather that being disqualified and driving, wouldn't it?

    And driving without insurance which also incurs an automatic ban/fine and potential prison time here. Your insurance is currently invalid. Given you've been banned in one country I can't imagine you're the safest driver out there.


  • Registered Users, Registered Users 2 Posts: 13,258 ✭✭✭✭Losty Dublin


    QuinDixie wrote: »
    Just go and get a provisional licence here and drive around like the other thousands on provisional licences.
    There will be no checks done to see if you banned in another country.
    Do not listen to drama queens here, you will not go to jail.

    This is incorrect.

    1) The current insurance policy will be invalid as the full licence used to get cover is no longer valid. New insurance will be based on the a licence/permit of the driver.

    2) When applying for a drivers permit, you sign a declaration to state that you aren't disqualified from holding a driving licence or permit. A ban, be it in or out of Ireland, means that your licence has been gained under false premise and will itself be invalid.


  • Registered Users, Registered Users 2 Posts: 195 ✭✭toptom


    Deported you should be. Driving with no license is against the laws of our land.


  • Registered Users, Registered Users 2 Posts: 79 ✭✭siulas


    Thanks for help everyone.
    toptom wrote: »
    Deported you should be. Driving with no license is against the laws of our land.

    toptom???? :DDDDD

    56ffd486b56579896d16964c2c3df115.jpg


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    siulas wrote: »
    haha :D thanks, this might be an option as well.

    Even with a provisional licence you not informing your employers insurers of being banned in another country will void any insurance you hold and your employer would then be liable and would then chase you for payment of any claims.

    Were you banned for accumulating penalty points? Driving without insurance? speeding?


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    OP - you didn't tell us very important thing.
    Was your licence taken by police and ban issued in the same country where your licence was issued?
    Or was it 2 difference countries?


  • Registered Users, Registered Users 2 Posts: 22,412 ✭✭✭✭endacl


    You can't get a provisional licence here, for the same reason nobody can. There's no such thing.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 22,412 ✭✭✭✭endacl


    This post has been deleted.

    Not without the declaration that he's not serving out a ban in another member state.

    I just had a load of pedantic that was getting near its use by date. If I don't get rid of it by the weekend I'll have to chuck it.

    :)


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  • Registered Users, Registered Users 2 Posts: 10,633 ✭✭✭✭Marcusm


    siulas wrote: »
    No, I only had EU licence. Ban is for 6 months only though.

    Was your licence disqualified in the country of issue? If yes, you are currently unable to drive anywhere.


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