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How does driving ban work when banned for no licence

  • 29-05-2019 11:56am
    #1
    angeldaisy
    Moderators, Education Moderators Posts: 2,285 Mod ✭✭✭✭


    One of my students was banned for 2 years for driving without a driving licence.

    My question is, does the ban start from when he passes the driver theory test? I'm assuming that he would not be allowed to take the actual driving test due to being banned?

    Is this correct. He is 20 now and this happened about 3 years ago.
    Thanks


Comments

  • #2
    Spook_ie
    Registered Users, Registered Users 2 Posts: 10,896 ✭✭✭✭Spook_ie


    NDLS are the people to talk to I would have thought.

    ( just my opinion ) I would have thought that the ban would be from the day of conviction so that he would be unable to obtain a learners permit and that when he did get a learners permit it would show as an endorsement on it showing he had been a bold boy in the past.


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


    angeldaisy wrote: »
    One of my students was banned for 2 years for driving without a driving licence.

    My question is, does the ban start from when he passes the driver theory test? I'm assuming that he would not be allowed to take the actual driving test due to being banned?

    Is this correct. He is 20 now and this happened about 3 years ago.
    Thanks

    The ban starts 15 days after the date the disqualification order is made irrespective of actually holding a learner permit or licence at the time. You can't hold or apply for either a permit or licence whilst in effect so naturally enough can't take any test.

    As 3 years have passed he/she is fine now.


  • #4
    angeldaisy
    Moderators, Education Moderators Posts: 2,285 Mod ✭✭✭✭angeldaisy


    Thanks everyone, I have asked him to bring in a copy of the ban so I can see exactly what the wording is on it. I was basing this on what he thought it was.


  • #5
    galwaytt
    Registered Users, Registered Users 2 Posts: 12,823 ✭✭✭✭galwaytt


    GM228 wrote: »
    The ban starts 15 days after the date the disqualification order is made irrespective of actually holding a learner permit or licence at the time. You can't hold or apply for either a permit or licence whilst in effect so naturally enough can't take any test.

    Not so sure about that tbh.

    I think it works like an endorsement (points as they are now....)

    Disqualification is based on holding a licence already, so can't come into effect until such time as you hold one: and then the ban starts.

    So, if you get points/ban, they come into effect as soon as you get your licence.

    Example: 16 yr old is "bold", gets a 1yr 'ban'. But isn't old enough to hold a car licence. Person now turns 18, applies for and gets a permit/licence: at which point the court/NDLS go to apply the ban, so you're off the road until you're 19.

    Therefore 'kicking the can ban' down the road (sic) does.........nothing of the sort.

    That's my understanding of it anyway, and open to hearing otherwise. If it's not that way, NDLS are missing a trick tbh.

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



  • #6
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    galwaytt wrote: »
    Not so sure about that tbh.

    I think it works like an endorsement (points as they are now....)

    Disqualification is based on holding a licence already, so can't come into effect until such time as you hold one: and then the ban starts.

    So, if you get points/ban, they come into effect as soon as you get your licence.

    Example: 16 yr old is "bold", gets a 1yr 'ban'. But isn't old enough to hold a car licence. Person now turns 18, applies for and gets a permit/licence: at which point the court/NDLS go to apply the ban, so you're off the road until you're 19.

    Therefore 'kicking the can ban' down the road (sic) does.........nothing of the sort.

    That's my understanding of it anyway, and open to hearing otherwise. If it's not that way, NDLS are missing a trick tbh.

    Disqualification by way of penalty points works that way under the Road Traffic Act 2002, however in this case it is disqualification by what's known as an Ancillary Disqualification Order under the provisions of the Road Traffic Act 1961, (there are also Consequential and Special Disqualification Orders under the Act), unlike the 2002 Act such disqualification orders are not dependant on actually holding a licence, they specifically disqualify you from holding a licence or applying for a permit or licence.


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