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Disqualification for novice drivers

  • 06-05-2018 4:37am
    #1
    Registered Users, Registered Users 2 Posts: 29


    Hi All,
    I have just received three fixed charge notices in the mail, with penalty points that add up to seven. I am a novice driver, having passed my test last year in November. I read up in the lower threshold rule of seven penalty points for novice drivers that can lead to automatic disqualification. I have not paid the fines yet but if I do not appeal and pay them, then seven points will be added to my record, which according to the law will disqualify me from driving for six months (hope its not more).

    Does anyone know that will I have to retake my theory and practical test after the disqualification period or will just be handed back my license?

    The charges are not serious. 1) holding a mobile 2)not yielding right of way 3) driving without reasonable consideration.

    In my opinion, it was a bit too harsh to give me three fines. BUt what can I do?!!!


«1

Comments

  • Registered Users, Registered Users 2 Posts: 34,216 ✭✭✭✭listermint


    But there's no post on a Sunday, and especially none at 5am..


  • Registered Users, Registered Users 2 Posts: 1,114 ✭✭✭stecleary


    I'll ask the question everyone will want to know....

    was this all at once?
    did a Garda catch you holding your mobile phone( probably texting while driving or checking facebook or some ****e), failing to yield and pulling out in from of them?

    oh and welcome to boards, put your flame suit on now!


  • Moderators, Business & Finance Moderators Posts: 17,858 Mod ✭✭✭✭Henry Ford III


    Those offences aren't trivial OP. Your insurer will hit you hard for them I'd imagine.


  • Registered Users, Registered Users 2 Posts: 506 ✭✭✭Maewyn Succat


    axe3 wrote: »
    Hi All,
    I have just received three fixed charge notices in the mail, with penalty points that add up to seven. I am a novice driver, having passed my test last year in November. I read up in the lower threshold rule of seven penalty points for novice drivers that can lead to automatic disqualification. I have not paid the fines yet but if I do not appeal and pay them, then seven points will be added to my record, which according to the law will disqualify me from driving for six months (hope its not more).

    Does anyone know that will I have to retake my theory and practical test after the disqualification period or will just be handed back my license?

    The charges are not serious. 1) holding a mobile 2)not yielding right of way 3) careless driving.

    In my opinion, it was a bit too harsh to give me three fines. BUt what can I do?!!!

    All 3 charges could have resulted in an accident so they are serious. Hope you at least learn some lesson from this for when you get your licence back.
    From your post it doesn't seem you will given you think the charges aren't serious.
    How exactly do you think dangerous driving isn't serious??


  • Registered Users, Registered Users 2 Posts: 4,396 ✭✭✭whomitconcerns


    Wind up methinks. But if not.. Yes you get 6 month ban but yes you get your licence back afterwards.

    And if you think that amount of charges aren't serious in one go then you probably should have a chat to decide if you should even have a licence


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  • Registered Users, Registered Users 2 Posts: 4,396 ✭✭✭whomitconcerns


    Dupe


  • Registered Users, Registered Users 2 Posts: 8,671 ✭✭✭GarIT


    axe3 wrote: »
    The charges are not serious.

    Please never share a road with any of my friends, family or I. Or just anyone else for that matter.


  • Closed Accounts Posts: 4,007 ✭✭✭s7ryf3925pivug


    axe3 wrote: »
    BUt what can I do?!!!

    1. Get a bicycle
    2. Move close to where you work/study


  • Registered Users, Registered Users 2 Posts: 656 ✭✭✭christy02


    Lol. Assume this is a wind up

    If not op you deserve to lose your licence.


  • Registered Users, Registered Users 2 Posts: 1,042 ✭✭✭innuendo141


    axe3 wrote: »
    Hi All,
    I have just received three fixed charge notices in the mail, with penalty points that add up to seven. I am a novice driver, having passed my test last year in November. I read up in the lower threshold rule of seven penalty points for novice drivers that can lead to automatic disqualification. I have not paid the fines yet but if I do not appeal and pay them, then seven points will be added to my record, which according to the law will disqualify me from driving for six months (hope its not more).

    Does anyone know that will I have to retake my theory and practical test after the disqualification period or will just be handed back my license?

    The charges are not serious. 1) holding a mobile 2)not yielding right of way 3) careless driving.

    In my opinion, it was a bit too harsh to give me three fines. BUt what can I do?!!!

    It's clear based on the offences above that you are not ready to be on the road, but your attitude all but confirms it.


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  • Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    axe3 wrote: »
    The charges are not serious. 1) holding a mobile 2)not yielding right of way 3) careless driving.
    Coming out of a T-junction whilst talking on your mobile phone? Thank fcuk you hit no-one! Hope you stay banned for a few years.


  • Registered Users, Registered Users 2 Posts: 12,866 ✭✭✭✭bear1


    axe3 wrote: »
    Hi All,
    I have just received three fixed charge notices in the mail, with penalty points that add up to seven. I am a novice driver, having passed my test last year in November. I read up in the lower threshold rule of seven penalty points for novice drivers that can lead to automatic disqualification. I have not paid the fines yet but if I do not appeal and pay them, then seven points will be added to my record, which according to the law will disqualify me from driving for six months (hope its not more).

    Does anyone know that will I have to retake my theory and practical test after the disqualification period or will just be handed back my license?

    The charges are not serious. 1) holding a mobile 2)not yielding right of way 3) careless driving.

    In my opinion, it was a bit too harsh to give me three fines. BUt what can I do?!!!

    You committed 3 offences so why wouldn't there be 3 charges?
    Holding a phone, that pisses me off no end. With the amount of cheap and readily available Bluetooth devices on the market then using the excuse that it isn't serious is simply idiotic.
    How long are you the road btw?


  • Registered Users, Registered Users 2 Posts: 29 axe3


    No I was not texting, or browsing. I had the navigation mode on and was using it for navigation. ( Yes I didn't have a phone holder, my bad!). I had it on my seat while driving and would look at it occassionally, when I stop.

    Yes, I got all these citations in a single stop. Primary reason being not yielding the right of way to an oncomming car intending to proceed straight. I didn't turn in front of a Garda van. I didn't force the car to stop or cut in front of it. According to Garda, I should have let the car go first and then turn. When I got stopped, I picked up the phone in my hand and thats when Garda saw it in my hand.

    Now the last part. I asked the officer cleary, "Will I get penalty points?" She said, "There is no points, you will get a fine that will increase if you don't pay in 28 days....". Why did she say that and now I have points in the mail?

    Towards the end, she also said, " You know are a novice driver and should have a fully licensed driver with you?" .....Excuse me?!!!

    She definitely wasn't knowledgeable about her job.


  • Registered Users, Registered Users 2 Posts: 29 axe3


    bear1 wrote: »
    You committed 3 offences so why wouldn't there be 3 charges?
    Holding a phone, that pissed me off no end. With the amount of cheap and readily available Bluetooth devices on the market then using the excuse that it isn't serious is simply idiotic.
    How long are you the road btw?

    I know, I should have had a phone holder. Even with bluetooth, I don't prefer taking calls while driving. Been on the road for a year now.


  • Closed Accounts Posts: 4,007 ✭✭✭s7ryf3925pivug


    Did you tell her at the time your phone was being used as a sat nav and you picked it up after being stopped? If you didn't say it at the time it would just sound like you made it up if you say it now imo.

    Even if you did say it, maybe having it on the seat would still get you points, since you were looking down at it intermittently, I don't know.


  • Registered Users, Registered Users 2 Posts: 29 axe3


    All 3 charges could have resulted in an accident so they are serious. Hope you at least learn some lesson from this for when you get your licence back.
    From your post it doesn't seem you will given you think the charges aren't serious.
    How exactly do you think dangerous driving isn't serious??

    Dangerous driving for me would be driving while inebriated, under the influence of drugs, speeding, etc. I have seen worst driving behaviour that needs to be policed.


  • Registered Users, Registered Users 2 Posts: 29 axe3


    Did you tell her at the time your phone was being used as a sat nav and you picked it up after being stopped? If you didn't say it at the time it would just sound like you made it up if you say it now imo.

    Even if you did say it, maybe having it on the seat would still get you points, since you were looking down at it intermittently, I don't know.


    Oh yes, I told her that. Infact that's the only reason I still had it on my seat when she approached my window, because I knew I wasn't making a phone call or texting. She saw the google maps app open. Her reply was, "I don't care what you use it for" [Angry tone].

    I could possibly appeal that, but I have no proof of the conversation. Even the judge might think I am making up the story.

    WHen I turned both my hands were on the wheel


  • Closed Accounts Posts: 4,007 ✭✭✭s7ryf3925pivug


    axe3 wrote: »
    Dangerous driving for me would be driving while inebriated, under the influence of drugs, speeding, etc. I have seen worst driving behaviour that needs to be policed.
    Turning in front of an oncoming vehicle is often going to be more dangerous than speeding. For me the fact you won't see that you were driving dangerously makes you seem reckless/careless/irresponsible.


  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    axe3 wrote: »
    Dangerous driving for me would be driving while inebriated, under the influence of drugs, speeding, etc. I have seen worst driving behaviour that needs to be policed.

    They are separate offences. Dangerous driving is pulling out in front of vehicles while looking at your phone on the seat beside you.

    It's very unprofessional what the Gardai are doing by lieing to motorists they stop. They should inform them of the offences they commented and the punishment instead of the current way of saying nothing and getting fines and points in the post.


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    A phone is a huge distraction while driving, it’s possibly even worse than alcohol etc. Everytime you take your eyes off the road, you’re not in charge, even if stationery at lights.

    The Garda hit you with three fines at once. They must have felt that your manoeuver warranted it unfortunately.


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  • Closed Accounts Posts: 4,007 ✭✭✭s7ryf3925pivug


    axe3 wrote: »
    Oh yes, I told her that. Infact that's the only reason I still had it on my seat when she approached my window, because I knew I wasn't making a phone call or texting. She saw the google maps app open. Her reply was, "I don't care what you use it for" [Angry tone].

    I could possibly appeal that, but I have no proof of the conversation. Even the judge might think I am making up the story.

    WHen I turned both my hands were on the wheel
    You'd have to ask a solicitor. I wouldn't assume the guard would deny it though, if it happened.


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


    Right answer to your original question is whichever offence holds the biggest amount of points is the only points you will get.

    3 fines will be added so full amount on payment.

    You won't be disqualified this time but let this be a very big lesson.

    In future give space to others, don't touch your phone while driving including in traffic and just relax don't be in a rush.


  • Registered Users, Registered Users 2 Posts: 29 axe3


    Del2005 wrote: »
    They are separate offences. Dangerous driving is pulling out in front of vehicles while looking at your phone on the seat beside you.

    It's very unprofessional what the Gardai are doing by lieing to motorists they stop. They should inform them of the offences they commented and the punishment instead of the current way of saying nothing and getting fines and points in the post.

    "Dangerous driving is pulling out in front of vehicles while looking at your phone on the seat beside you."

    That's exactly what I didn't do. If I was on the phone or looking at it while turning, GULITY. No questions asked.


  • Registered Users, Registered Users 2 Posts: 29 axe3


    Right answer to your original question is whichever offence holds the biggest amount of points is the only points you will get.

    3 fines will be added so full amount on payment.

    You won't be disqualified this time but let this be a very big lesson.

    In future give space to others, don't touch your phone while driving including in traffic and just relax don't be in a rush.



    Really?!! Are you sure? That would mean that I get only 3 points for holding a phone. The other two have two points each. I would be happy with that. And yes, definitely a lesson :)


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


    axe3 wrote: »
    Really?!! Are you sure? That would mean that I get only 3 points for holding a phone. The other two have two points each. I would be happy with that. And yes, definitely a lesson :)

    Very sure.


  • Closed Accounts Posts: 3,001 ✭✭✭ayux4rj6zql2ph


    This post has been deleted.


  • Registered Users, Registered Users 2 Posts: 29 axe3


    Very sure.

    Thanks a mil. This gives me hope. Is there anyway I can officially confirm this from? Like maybe ring the Fixed Charge Offenses department.


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


    axe3 wrote: »
    Thanks a mil. This gives me hope. Is there anyway I can officially confirm this from? Like maybe ring the Fixed Charge Offenses department.

    If they were separate occasions it would be all three added but points will only be highest offence in one time of been caught.

    You can ring if you want.

    You can also appeal but that may go down badly.

    Totally up to you what you want to do.


  • Closed Accounts Posts: 4,007 ✭✭✭s7ryf3925pivug


    This post has been deleted.

    You appear to be right. The list of offences shows careless driving as resulting in a mandatory court appearance.

    http://www.rsa.ie/en/RSA/Licensed-Drivers/Penalty-points/How-it-works-why-it-matters/

    Odd


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  • Registered Users, Registered Users 2 Posts: 29 axe3


    If they were separate occasions it would be all three added but points will only be highest offence in one time of been caught.

    You can ring if you want.

    You can also appeal but that may go down badly.

    Totally up to you what you want to do.


    I would be happy with that setting (highest point offense). With that, I should get only 3 points, which shouldn't affect insurance.
    Not looking to appeal, as the chances of getting all three waived are very very slim. And looking at best case scenario, two offenses are dropped, I will get double points for the one left, meaning 4 or 6 penalty points.

    So highest point offense being on, I will be happy to take it.


  • Registered Users, Registered Users 2 Posts: 29 axe3


    christy02 wrote: »
    Lol. Assume this is a wind up

    If not op you deserve to lose your licence.

    Thanks for your perspective


  • Registered Users, Registered Users 2 Posts: 12,866 ✭✭✭✭bear1


    axe3 wrote: »
    No I was not texting, or browsing. I had the navigation mode on and was using it for navigation. ( Yes I didn't have a phone holder, my bad!). I had it on my seat while driving and would look at it occassionally, when I stop.

    Yes, I got all these citations in a single stop. Primary reason being not yielding the right of way to an oncomming car intending to proceed straight. I didn't turn in front of a Garda van. I didn't force the car to stop or cut in front of it. According to Garda, I should have let the car go first and then turn. When I got stopped, I picked up the phone in my hand and thats when Garda saw it in my hand.

    Now the last part. I asked the officer cleary, "Will I get penalty points?" She said, "There is no points, you will get a fine that will increase if you don't pay in 28 days....". Why did she say that and now I have points in the mail?

    Towards the end, she also said, " You know are a novice driver and should have a fully licensed driver with you?" .....Excuse me?!!!

    She definitely wasn't knowledgeable about her job.

    The last part, do you have a full licence? You mention novice driver and that the garda said that you need a fully licenced person with you so I'm going to guess that you have the provisional licence?


  • Registered Users, Registered Users 2 Posts: 29 axe3


    stecleary wrote: »
    I'll ask the question everyone will want to know....

    was this all at once?
    did a Garda catch you holding your mobile phone( probably texting while driving or checking facebook or some ****e), failing to yield and pulling out in from of them?

    oh and welcome to boards, put your flame suit on now!

    Thank you.


  • Moderators, Business & Finance Moderators Posts: 17,858 Mod ✭✭✭✭Henry Ford III


    axe3 wrote: »
    I would be happy with that setting (highest point offense). With that, I should get only 3 points, which shouldn't affect insurance.
    Not looking to appeal, as the chances of getting all three waived are very very slim. And looking at best case scenario, two offenses are dropped, I will get double points for the one left, meaning 4 or 6 penalty points.

    So highest point offense being on, I will be happy to take it.

    3 points may well affect your insurance.


  • Registered Users, Registered Users 2 Posts: 29 axe3


    bear1 wrote: »
    The last part, do you have a full licence? You mention novice driver and that the garda said that you need a fully licenced person with you so I'm going to guess that you have the provisional licence?


    No, I have a FULL Irish Drivers License. Novice means that you have passed your test in less than two years from the present day. You just need to display N plates on your vehicle. That's it!

    My point in making that comment was, that she didn't have correct knowledge of the rules. Maybe her intention was to teach me a "lesson" and give me a high combined fine. She told me verbally that there will be no points. SHe might still not know that she signed off 7 penalty points for me.


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  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    axe3 wrote: »
    "Dangerous driving is pulling out in front of vehicles while looking at your phone on the seat beside you."

    That's exactly what I didn't do. If I was on the phone or looking at it while turning, GULITY. No questions asked.

    Your only driving a year, I'd believe the Garda over a novice driver.


  • Moderators, Business & Finance Moderators Posts: 17,858 Mod ✭✭✭✭Henry Ford III


    axe3 wrote:
    My point in making that comment was, that she didn't have correct knowledge of the rules. Maybe her intention was to teach me a "lesson" and give me a high combined fine. She told me verbally that there will be no points. SHe might still not know that she signed off 7 penalty points for me.

    axe3 wrote:
    No, I have a FULL Irish Drivers License. Novice means that you have passed your test in less than two years from the present day. You just need to display N plates on your vehicle. That's it!


    Did you display N plates?


  • Registered Users, Registered Users 2 Posts: 29 axe3


    It's clear based on the offences above that you are not ready to be on the road, but your attitude all but confirms it.


    Thanks for your perspective. I am well equipped to be on the road.


  • Registered Users, Registered Users 2 Posts: 29 axe3


    Did you display N plates?

    Yes, that was the only way she knew I was novice, by looking at the plates.


  • Registered Users, Registered Users 2 Posts: 29 axe3


    This post has been deleted.


    What I have gotten is Section 51(A) of the Road Traffic Act. Driving without reasonable consideration.


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  • Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    Careless driving, not serious? If this is genuine I hope you are put off the road.


  • Registered Users, Registered Users 2 Posts: 29 axe3


    Hitman3000 wrote: »
    Careless driving, not serious? If this is genuine I hope you are put off the road.

    Read the last post.


  • Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    axe3 wrote:
    Thanks for your perspective. I am well equipped to be on the road.


    Your opening post contradicts the above.


  • Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    axe3 wrote:
    Read the last post.


    I did and considering your behaviour and attitude it's only a matter of time before you are put off the road hopefully before an accident happens.


  • Registered Users, Registered Users 2 Posts: 29 axe3


    Hitman3000 wrote: »
    Your opening post contradicts the above.

    That's why I posted the last one.


  • Registered Users, Registered Users 2 Posts: 10,629 ✭✭✭✭Marcusm


    axe3 wrote: »
    Hi All,
    I have just received three fixed charge notices in the mail, with penalty points that add up to seven. I am a novice driver, having passed my test last year in November. I read up in the lower threshold rule of seven penalty points for novice drivers that can lead to automatic disqualification. I have not paid the fines yet but if I do not appeal and pay them, then seven points will be added to my record, which according to the law will disqualify me from driving for six months (hope its not more).

    Does anyone know that will I have to retake my theory and practical test after the disqualification period or will just be handed back my license?

    The charges are not serious. 1) holding a mobile 2)not yielding right of way 3) careless driving.

    In my opinion, it was a bit too harsh to give me three fines. BUt what can I do?!!!

    Careless driving is not serious? Are you serious?


  • Registered Users, Registered Users 2 Posts: 10,629 ✭✭✭✭Marcusm


    axe3 wrote: »
    Oh yes, I told her that. Infact that's the only reason I still had it on my seat when she approached my window, because I knew I wasn't making a phone call or texting. She saw the google maps app open. Her reply was, "I don't care what you use it for" [Angry tone].

    I could possibly appeal that, but I have no proof of the conversation. Even the judge might think I am making up the story.

    WHen I turned both my hands were on the wheel

    You have admitted holding it and have thus admitted the offence; it is irrelevant whether you were using it for navigation or Tinder!


  • Registered Users, Registered Users 2 Posts: 29 axe3


    Marcusm wrote: »
    Careless driving is not serious? Are you serious?

    Correction, it is driving without reasonable consideration. Don't know exactly how they distinguish between the two.


  • Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    axe3 wrote:
    Again, thanks for your perspective. You are entitled to it. And it is not going to matter.


    I comfort myself in the knowledge that when you next renew your insurance, stating 3 points is for dangerous driving should make your quote interesting. Have fun.


  • Registered Users, Registered Users 2 Posts: 29 axe3


    Hitman3000 wrote: »
    I comfort myself in the knowledge that when you next renew your insurance, stating 3 points is for dangerous driving should make your quote interesting. Have fun.

    Fun, I sure will have. Dangerous driving is nowhere mentioned. Again, "Read the post".


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