Legal penalties for unaccompanied L drivers

traco

Starting a new thread as I think it might help clarify things for L driver and the risk to your future driving if caught driving unaccompanied, no L plates etc as there are multiple threads on this topic some huge and the info may be there but buried.

All agree that you can't drive unaccompanied but I cant see a definitive referenced post of the legal penalties that are applicable.
These penalties will impact your insurance going forward and as a learner / novice driver the increased costs could make driving a financial impossibility.

I'm also struggling to clarify the difference between a learner using their own car as opposed to a learner using a 3rd party persons car unaccompanied (Clancy Law and subject of current add campaign).


I've had a look and tried to search the RTA but I'm not a legal eagle as I'm sure most in here aren't so gave up. The RSA site isn't definitive either. It says you can't drive unaccompanied but doesn't clarify the penalties.

Maybe someone that knows better could clarify the exact implications in plain English then the mods could add the info to the FAQs for reference.

If you can add definitive info and links that would be a great help as info is getting lost in the other threads. It would be great if discussion could be kept to the other threads and only relevant info posted here. Hopefully we can end up with a simple post of a few lines that can easily be understood.
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So far I've seen the following:
Possible car seizure - posted in this forum and also referenced in various paper articles.
Possible court summons and €1,000 fine (minimum??) - posted on forums and FAQs.
3rd party car owner - car seizure, fines, anything else that can impact the car owner??

Points: L/N drivers are only permitted 6 maximum.
2 points as listed in the updated penalty points update 26 Oct 2018.
2 points for No L or N plates displayed.
http://www.rsa.ie/Documents/Licensed%20Drivers/Penalty%20Point%20offences%20as%20of%2026%20October%202018.pdf

Insurance:
If you are unaccompanied are you legally driving without insurance? If so that's a mandatory court appearance as per above points update. No idea what the penalty points implication is in that case.

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On crimeline last night it was mentioned over 200 cars have been seized as a result of the new legislation.

Section 41 of the road traffic act 1994 as amended is the legislation for seizure of vehicles.

Dravokivich

The only difference between being unaccompanied in your own car, and unaccompanied in a car owned by someone else, is that other person is perceived as an accomplice.

In my opinion the Learners Permit should just be revoked, when the criteria for it's use are not adhered to. There should be a 0 points threshold on it.

Eggs For Dinner

Dravokivich wrote: »

The only difference between being unaccompanied in your own car, and unaccompanied in a car owned by someone else, is that other person is perceived as an accomplice.

In my opinion the Learners Permit should just be revoked, when the criteria for it's use are not adhered to. There should be a 0 points threshold on it.

So what penalty would you suggest for the accomplice to this criminal act, their licence taken too perhaps?

Skatedude

Eggs For Dinner wrote: »

So what penalty would you suggest for the accomplice to this criminal act, their licence taken too perhaps?

Er, fines and possible jail time of course which is the current law. why, did you want to add disqualification to it as well?

Dravokivich

Eggs For Dinner wrote: »

So what penalty would you suggest for the accomplice to this criminal act, their licence taken too perhaps?

I'm not sure what you're reaching for...

I didn't say anything about how to handle the "accomplice." Just that's what the legislation entails now. I think it's a bit much, when all you have to do is revoke the learners permit, because the conditions of usage weren't adhered to.