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Driving Licence

  • 20-10-2016 12:45pm
    #1
    Closed Accounts Posts: 364 ✭✭


    My 10 year driving licence is to expire at the end of the Month. I went to renew my licence today and my old licence (paper one) was taken because it were damaged. Out of curiousty, are there provisions in law allowing them to retain your in-date licence and if so, what subsection of the Act provides for this? I have a receipt and confirmation that I applied for a new licence, but what happens if I get stopped as I am now not carrying a licence with me? Do the Gardai have access to the driving licence database or could I be prosecuted for a failure to produce as they said that it will take between 7-10 days for the new one to be posted out. Why in this day and age can they not print these cards when you present to the NDLS if your identity, postal address, right of residency etc are verified?

    Mods: feel free to move if I am posting in the wrong thread.


Comments

  • Registered Users, Registered Users 2 Posts: 8,755 ✭✭✭degsie


    I have a receipt and confirmation that I applied for a new licence

    What's your concern? You are covered.


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    degsie wrote: »
    What's your concern? You are covered.

    +1 OP, taking your old licence as part of the renewal process is something the Gardai are aware of and it's why you got the receipt.

    What do you think the Gardai do when they stop someone and they produce that receipt - lock them up? I get stopped at Garda checkpoints a few times a year, all they do is inspect the paperwork on the windscreen, they never ask me to show my licence.


  • Closed Accounts Posts: 364 ✭✭d9oiu2wk07blr5


    coylemj wrote: »
    +1 OP, taking your old licence as part of the renewal process is something the Gardai are aware of and it's why you got the receipt.

    What do you think the Gardai do when they stop someone and they produce that receipt - lock them up? I get stopped at Garda checkpoints a few times a year, all they do is inspect the paperwork on the windscreen, they never ask me to show my licence.

    Why take the old in-date licence though when they're issuing a new one. She said that they were required to do so under the law if it's damaged, but she was unable to explain what subsection of the Act provides for this, which is the reason for the question. Why would they lock someone up unless they're committing an arrestable offence. I am just surprised that they don't have the facilities to print the licences there and then.


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    All licence are taken back as there is absolutely no need to have 2 and rightly so.

    The licence is sent into their office and filed with the rest of your documents and new card is printed off.

    What I would suggest is before giving in your licence take a copy of both sides and also leave in your car.


  • Registered Users, Registered Users 2 Posts: 7,549 ✭✭✭plodder


    coylemj wrote: »
    +1 OP, taking your old licence as part of the renewal process is something the Gardai are aware of and it's why you got the receipt.

    What do you think the Gardai do when they stop someone and they produce that receipt - lock them up? I get stopped at Garda checkpoints a few times a year, all they do is inspect the paperwork on the windscreen, they never ask me to show my licence.
    I was stopped recently and asked to show my license. The reason I was stopped is because the car had L plates and they were presumably looking for learner drivers driving unaccompanied. I didn't have it, but he waved me on, after taking a closer look at me, and figuring I wasn't likely to be a learner, though not before stating categorically that "you're supposed to have it with you".

    The RSA/NDLS should suck it up and replace everyone's old license with the new one. Then there wouldn't be any reasonable excuse for not carrying it with you.


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


    plodder wrote: »

    The RSA/NDLS should suck it up and replace everyone's old license with the new one. Then there wouldn't be any reasonable excuse for not carrying it with you.

    That would be well over one million people having to be called in to attend to get their photos taken and to verify their licence information over a relatively small time. They are doing it now but over about a decade, which is far easier to do resource wise.


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    The paper type I agree is well out of date but if still in date no problem.
    Another thing is truck and bus licence holders must get their licence replaced every 5 years, so this adds to frequency of attendee's.

    A guard can do you for not holding your licence in possession while in charge of a motor propelled vehicle but I would honestly have very much doubt anyone has after getting a replacement or new licence(waiting for it).

    Its discretion they are use to using as they are the same as everyone else no exception when also renewing.


  • Registered Users, Registered Users 2 Posts: 7,903 ✭✭✭frozenfrozen


    They always told me to destroy them.. these are all card ones. Maybe they have to collect the paper ones because they're so easy to fake?

    I was able to bring the card ones back home with me


  • Registered Users, Registered Users 2 Posts: 45 Ongo Goblogian


    All licence are taken back as there is absolutely no need to have 2 and rightly so.

    The licence is sent into their office and filed with the rest of your documents and new card is printed off.

    What I would suggest is before giving in your licence take a copy of both sides and also leave in your car.

    Totally untrue, did you just make it up?

    My old paper license is due to expire at the end of this month. Went about three weeks ago to get it renewed. The girl took my details and old licence etc. Processed the paper work and payment. Gave me a receipt and said it will be about 5 to 7 days before my new licence is sent out. And then, without me asking said... "Here is you old licence back as it's still in date".

    Now I have 2 licences, old paper one (still has valid date, although technically may be invalid) and my new plastic licence.


  • Registered Users, Registered Users 2 Posts: 4,267 ✭✭✭mcgovern


    Why in this day and age can they not print these cards when you present to the NDLS if your identity, postal address, right of residency etc are verified?

    The company who was (maybe still is doing it) offered to provide such a service, proposal was to have lots of offices and you could walk in with the required details and walk out with the license.
    This was turned down as it would have made lots of public sector workers redundant.


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  • Registered Users, Registered Users 2 Posts: 40,637 ✭✭✭✭ohnonotgmail


    mcgovern wrote: »
    The company who was (maybe still is doing it) offered to provide such a service, proposal was to have lots of offices and you could walk in with the required details and walk out with the license.
    This was turned down as it would have made lots of public sector workers redundant.


    NDLS is a private company working under government contract is it not? Besides, i'm sure the machine for printing licences is not cheap. having one in every NDLS office would get very expensive and you would just be bitching about the cost instead.


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    mcgovern wrote: »
    The company who was (maybe still is doing it) offered to provide such a service, proposal was to have lots of offices and you could walk in with the required details and walk out with the license.
    This was turned down as it would have made lots of public sector workers redundant.

    Are you suggesting that the local authority workers who used to do driving licences are now working in the background churning out the new format licences for the NDLS? I don't think so.

    And whoever heard of pubic sector workers being made redundant? It didn't happen when waste collection was privatised.


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    Totally untrue, did you just make it up?

    My old paper license is due to expire at the end of this month. Went about three weeks ago to get it renewed. The girl took my details and old licence etc. Processed the paper work and payment. Gave me a receipt and said it will be about 5 to 7 days before my new licence is sent out. And then, without me asking said... "Here is you old licence back as it's still in date".

    Now I have 2 licences, old paper one (still has valid date, although technically may be invalid) and my new plastic licence.

    Well process has changed as all times I have been in licence has been taken.


  • Registered Users, Registered Users 2 Posts: 45 Ongo Goblogian


    Well process has changed as all times I have been in licence has been taken.

    How many times have you been "in" to the NDLS to change a licence if that is not too personal a question?


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    How many times have you been "in" to the NDLS to change a licence if that is not too personal a question?

    3


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    To answer the OPs question and a few other issues raised in the thread.

    Under EU Directive 2006/126/EC as transposed into our national laws via the Road Traffic (Licensing of Drivers) Regulations 2006 it is not permissible to hold two driving licenses at the same time.

    The existing licence (weather valid or not) must be submitted to the NDLS upon application and is supposed to be retained by the NDLS with one exception - that being a licence where the photograph has been taken during the period of 5 years prior to the date of application in which case the NDLS return your licence to you temporarily, this exception only came into law in 2015 and in those cases you are legally required to then surrender the licence back to the NDLS as soon as you receive your new licence.

    All covered under S12 of the 2006 regulations (as amended).

    If they are returning license outside that one exception they are doing so incorrectly.


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


    This post has been deleted.


  • Closed Accounts Posts: 4,990 ✭✭✭nhunter100


    Another thing is truck and bus licence holders must get their licence replaced every 5 years, so this adds to frequency of attendee's.


    I have a truck licence, it was issued in February 2010 good till 2020. Where did you get this 5 year out of it? You confusing CPC with a drivers licence?


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    nhunter100 wrote: »
    I have a truck licence, it was issued in February 2010 good till 2020. Where did you get this 5 year out of it? You confusing CPC with a drivers licence?

    Any truck or bus licence issued after 19 Janury 2013 is only valid for 5 years. When you renew in 2020 your licence will only be valid until 2025, not 2030.


  • Closed Accounts Posts: 4,990 ✭✭✭nhunter100


    GM228 wrote:
    Any truck or bus licence issued after 19 Janury 2013 is only valid for 5 years. When you renew in 2020 your licence will only be valid until 2025, not 2030.


    I haven't drove a truck for a living since 2012, missed the changes thanks for the info. Still good till 2020 though.


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  • Registered Users, Registered Users 2 Posts: 71,113 ✭✭✭✭L1011


    This post has been deleted.

    This is what is done with non-damaged in date licences; albeit the surrender is an honour system by post (the new licence arrives by post too).

    Why they detain damaged licences, which are of even less use, is unknown.


  • Registered Users, Registered Users 2 Posts: 5,275 ✭✭✭bobbyss


    What happens if you are asked for your licence and you do not have it in the car with you?
    Could you actually be charged with failing to produce a licence (and if you are, is there a fine or something?) or are you given some days to bring it to your local police station?
    What law covers that?


  • Registered Users, Registered Users 2 Posts: 24,644 ✭✭✭✭punisher5112


    bobbyss wrote: »
    What happens if you are asked for your licence and you do not have it in the car with you?
    Could you actually be charged with failing to produce a licence (and if you are, is there a fine or something?) or are you given some days to bring it to your local police station?
    What law covers that?

    While on a public road you must at all times carry your licence.

    Obviously Garda can use discretion if you have a good reason and may ask you to produce at a later date.

    When it comes to passing your test and or.you have given in docket or licence and waiting on new one technically you should not be driving either but keep the ndls form as receipt and usually in most cases there would be no problem.


  • Registered Users, Registered Users 2 Posts: 5,275 ✭✭✭bobbyss


    While on a public road you must at all times carry your licence.

    Obviously Garda can use discretion if you have a good reason and may ask you to produce at a later date.

    When it comes to passing your test and or.you have given in docket or licence and waiting on new one technically you should not be driving either but keep the ndls form as receipt and usually in most cases there would be no problem.

    I see. But what is the punishment, as per the law, for not having it with you?


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    bobbyss wrote: »
    I see. But what is the punishment, as per the law, for not having it with you?

    The punishment is potentially having your vehicle seized.

    There is a presumption of driving without a licence until proved otherwise within 10 days and you are dealth with under the provisions of driving without a licence.

    It also carries its own offence under S40 of the Road Traffic Act 1961 irrespective of weather or not you actually have a licence.


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    GM228 wrote: »
    The punishment is potentially having your vehicle seized.

    Only if you can't produce a driving licence and you look like you're too young to hold a licence to drive that class of vehicle. Gives the cops the power to seize cars from anyone who looks like they're under 17.

    <Garda can seize a car when ....>

    a) the person driving the vehicle refuses or fails to produce there and then a driving licence then having effect and licensing him to drive the vehicle, when production of such a licence is demanded of him by a member of the Garda Síochána under section 40 (1) of the Principal Act and the member is of opinion that the person is by reason of his age ineligible to hold a driving licence licensing him to drive the vehicle,


    http://www.irishstatutebook.ie/eli/1994/act/7/section/41/enacted/en/html#sec41

    And here...

    http://www.garda.ie/Controller.aspx?Page=1727


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