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Learner drivers and Penalty points

  • 28-06-2017 10:17am
    #1
    dquirke1
    Registered Users, Registered Users 2 Posts: 202 ✭✭


    Just a hypothetical here but it got me thinking,

    Say A has a full Category A driving licence for over 2 years and has collected 8 points,
    They then apply for a Cat B Learner permit...

    The driver number on both licences is the same so I presume points carry over?
    As they now have more than 6 points on a Learner permit, do they get an automatic ban?

    It doesn't seem right to me to be put off the road for applying for a permit but I can't see anything in the legislation to prevent it...


Comments

  • #2
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Just some high horsing, but from a practical point of view which might highlight legislative intent (intentional intent or otherwise :pac:) but if A has 8 points in 2 years, maybe they should have to wait a bit before being allowed on the road in a car.

    That said I thought there were transitional provisions preventing it... unfortunately.


  • #3
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    dquirke1 wrote: »
    Just a hypothetical here but it got me thinking,

    Say A has a full Category A driving licence for over 2 years and has collected 8 points,
    They then apply for a Cat B Learner permit...

    The driver number on both licences is the same so I presume points carry over?
    As they now have more than 6 points on a Learner permit, do they get an automatic ban?

    It doesn't seem right to me to be put off the road for applying for a permit but I can't see anything in the legislation to prevent it...

    You must actually hold the permit at the time the points were endorsed for the 7 or more points ban on permits to take effect, if the permit was issued after the 8 points were already endorsed it has no bearing on the learner permit 7 point limit.

    Say you had 4 points already, then got a learner permit and then a further 6 points you are still OK as you only got 6 points whilst actually holding the permit, but 1 more point again and you will be banned even though you now only have a total of 11 as once you hit 7 or more whilst holding the permit the ban will apply.


  • #4
    dquirke1
    Registered Users, Registered Users 2 Posts: 202 ✭✭dquirke1


    GM228 wrote: »
    You must actually hold the permit at the time the points were endorsed for the 7 or more points ban on permits to take effect, if the permit was issued after the 8 points were already endorsed it has no bearing on the learner permit 7 point limit.

    That sounds like the common sense approach alright but I couldn't find anything to back it up online.

    Then i thought it could be like when someone earns points without holding a licence and they only come into effect when they apply for one...


  • #5
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    dquirke1 wrote: »
    That sounds like the common sense approach alright but I couldn't find anything to back it up online.

    Then i thought it could be like when someone earns points without holding a licence and they only come into effect when they apply for one...

    S3 (1) of the Road Traffic Act 2002 (as amended):-

    http://www.irishstatutebook.ie/eli/2014/act/3/section/8/enacted/en/html#sec8
    3 (1) Where penalty points are endorsed on the entry of a person and, in consequence, the total number of penalty points standing so endorsed—

    (a) equals or exceeds 12, or

    (b) in the case of a person who at the time such points are endorsed is a learner driver or a novice driver, equals or exceeds 7,

    the person shall stand disqualified for a period of 6 months beginning on the appropriate date for holding a licence and a licence held by him or her at the beginning of the period shall stand suspended accordingly


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