Just passed test driving solo

Hey lads, just wondering how risky am I playing driving ahead of my licence arriving in the post?

just passed my test today and have already applied and had my full licence approved so it should be here by the end of the week I am hoping but in the meantime if I’m stopped by a garda would they be inclined to seize the car and treat it as driving with no licence/as an unaccompanied learner or are more likely they’ll just have me show at a station in 10 days or a month etc.

i know what the law says but in fairness the thing will have 12/2/2024 as the issue date on it so that’s why I’m unsure if it’s a guaranteed seizure, fine and points or if it should be okay. Not planning any road trips just to and from work really!

niallb

Did you not get a certificate of competence to cover you until the license arrives?

Galwayguy35

Things must have changed a bit since I did the test because the tester gave me a certificate of competency to show I had passed until the licence arrived in the post.

https://www.boards.ie/discussion/comment/121759523#Comment_121759523

I got a cert of competence yeah but the RSA says it doesn’t act a licence (because to be fair it’s not you still have to apply and be approved for a licence) but I’d wonder would that be good enough for most Gardai with the demand to produce within 10 days?

I just imagine if I was a garda I’d allow it but then I’m bias here to be fair. 🤣

cj maxx

Did he /she give you their marking sheet . To tell you the truth ring the local barricks snd ask them . And congratulations

niallb

I think the cert and a printout of the receipt from ordering the license would convince most people.

That said, if you've been getting the bus or whatever up until now, doing it for another week might suit you better than losing sleep over getting the car seized!😁

Congrats on passing the test!

https://www.boards.ie/discussion/comment/121759546#Comment_121759546

Yeah i got a paper report they done up quickly afterwards signed and dated. Also the cert of competency also signed and dated so I suppose I’ll keep both in the car with the learner permit, but the N plates up and if I happen to be stopped plea my case. 🤔

I just can’t imagine any reasonable person treating it as driving as a learner.

https://www.boards.ie/discussion/comment/121759557#Comment_121759557

yeah I imagine I’d be fairly okay.. maybe I’ll just leave it for now though you really never know! 😅

cj maxx

https://www.boards.ie/discussion/comment/121759560#Comment_121759560

Just in case there’s a legal quirk i’d call to the local station and ask .

User1998

Were you not given a new driving license number until the physical license arrives in the post?

https://www.boards.ie/discussion/comment/121759566#Comment_121759566

Yeah I’ll give them a buzz tomorrow and see what they reckon! as per rules of the road (which I can almost see if I close my eyes at this stage), you must carry your licence and you are by law seen as an unaccompanied learner if you drive before the licence arrives.

But I wonder if the garda would potentially view that as before it’s applied for and approved.. maybe? 🤣 I’ll ring them and ask anyway.

https://www.boards.ie/discussion/comment/121759570#Comment_121759570

The licence no didn’t change from the learner permit.

I have even a screenshot of the licence from NDLS a preview before you pay or near the end anyway.

Like honestly it’s only got me a bit curious because the law is straightforward right? You must carry your licence at all times. No ifs ands or buts about it, the law says you must.

But reality says you can walk out without your wallet, forget it on the table if you had it out for something, lose it etc but the Gardai in most cases just get you to present to a station.

obviously assuming there’s not another outstanding issue like you were stopped for driving like a clown or tax is expired if you’re asked for it at the roadside and you don’t have it on you are they gonna actually seize the car or view a person who passed the test as a learner because the thing didn’t come yet 🤔

JohnC.

RSA are quite clear on this. You can not drive unaccompanied until you are in possession of your physical full licence.

But in the real world, I'd think you would have to be quite unlucky for it to become an issue.

https://www.rsa.ie/services/learner-drivers/the-driving-test/after-you-pass-your-test

https://www.boards.ie/discussion/comment/121759589#Comment_121759589

That’s the long and short really, it’s absolutely clear from the RSA and Traffic Act but is it really a problem a garda who stops you is bothered to do the paperwork on for such a technicality 🤣

kirving

https://www.boards.ie/discussion/comment/121759566#Comment_121759566

You would want to be absolutely off your rocker to call the Gardai, and ask them whether or not the (technically) illegal thing you plan on doing is OK or not. They'll tell you it's OK, and promptly pull you over as an easy target to boost the numbers.

A friend of mine realised that her car was out of tax a few weeks, called into the station to ask what she should do. Garda said it was grand and to just buy online and keep the receipt. Got a fine in the post a week later for no tax. Where was the location? Garda station car park.

Oscar_Madison

https://www.boards.ie/discussion/comment/121760005#Comment_121760005

Rather bizzare story- when she realised why didn’t she just go online and renew it rather than go into a Garda station?

@OP- congrats but don’t risk driving till it arrives- it will be your bad luck you’re stopped by a grumpy cold wet guard this week who’s life’s goal is implementing road traffic law to the nth degree- not worth it

freshpopcorn

If you ask the RSA or Gardaí they'll tell you not to drive.

I generally I think your safe to drive now. Most Gardai would be fine.

I take it your a normal citizen and don't have run ins with the Gardaí.

I'm fairly sure when I passed my test my instructor said to drive away but not to go on the Motorway.(I think).

I applied for my license on a Tuesday and it come on a Monday.

nhg

I think your insurance could be a bigger issue as you won’t be insured as a full licence holder until you give them the licence number & update the policy accordingly.

Congratulations & safe driving 🚗

kirving

https://www.boards.ie/discussion/comment/121760025#Comment_121760025

I know, I said the same thing...

In any case, intentionally involving the Gardai makes it much more difficult for them to turn blind eye or exercise discretion, even if they wanted to.

Hmm a technical question arises now.. my learner permit according to the RSA (myroadsafety) is now not longer valid, but under licence tab it says “your current licence is valid until 11/02/2034”

so it becomes a question then of whether you can drive without a licence on your person as it’s in the post. Sure be the same idea if I lost it would I really have to wait for the replacement to arrive in the post.

BobMc

just as side note on this, the driver number remains the same just the type of licence itself

https://www.boards.ie/discussion/comment/121761279#Comment_121761279

Yeah that’s why I’m thinking if I just tell them look here’s the driver number I’m just waiting on the licence to come in the post they should be happy?

I know there’s always the chance of getting a miserable fecker who wouldn’t budge but I suspect most reasonable garda will allow it.

hardly like I’m waiting to do the test 🤣 “ah sure I’m doing me test next week and my ADI says I’ll deffo pass so it’s grand”. 🤣

Glaceon

I remember when my wife passed her test a few years ago, she was told to keep following the learner rules until she had the new full licence in her hand.

Yeah Right

https://www.boards.ie/discussion/comment/121761306#Comment_121761306

This is it exactly. They go out of their way in the test centre to remind you that you're still bound by the learner rules until you get your new licence.

https://www.boards.ie/discussion/comment/121763104#Comment_121763104

Yeah as I say I am familiar with the rules, that’s not really the question I’m asking though either to be fair.

Like it’s the law you must have tax on the car and the Gardai can seize it if you don’t. But they won’t always.

That is my question. Also my learner permit is technically not valid anymore since I applied for full licence!

User1998

At this point your probably not going to get a clear answer on this so its up to you to use your own judgement. Me personally I probably did start driving on my own immediately but its probably not a great idea to start off your driving career by breaking the law. Unless its incredibly important you should just wait a few more days, you’ve waited 6+ months already so you can wait another week.

Buffman

https://www.boards.ie/discussion/comment/121764012#Comment_121764012

Welcome to the world of BS bureaucracy and laws that are not fit for the real world. If the system was right, you should be given a license immediately after passing and not enter some legal grey area where you have to rely on a Guards common sense. You should ask your local TDs what you're supposed to do.

It's the same craic as they were saying back when there was a massive NCT backlog forcing people to drive 'illegally', but we were given the official 'nod and wink' that we'd be fine as long as we had a test booked:

https://www.irishmirror.ie/news/irish-news/gardai-clarifiy-nct-rules-massive-27604149

But with such a backlog, many are concerned they could be caught out without an NCT while waiting for a test.

However, they needn't worry too much.

A Garda spokesperson told the Irish Mirror: "It is a legal requirement for a vehicle over a certain age (4 years) to have a valid NCT certificate."

"An Garda Síochána is cognisant of the delays experienced by the Road Safety Authority in the provision of dates for the NCT ."

"Where a motorist is detected driving a vehicle without a valid NCT certificate and no date of re-examination can be produced in evidence by the driver, the driver may be prosecuted for not having a valid NCT certificate and they are liable to have their vehicle seized.

"Where a vehicle is detected without a valid NCT certificate and the driver is able to produce evidence of a date for a test having been scheduled, a Garda will take this evidence into consideration."

And just FYI on the motor tax, if the tax is out over 2 months the car can be seized, under 2 months is just a fine.

https://www.garda.ie/garda/en/faqs/?id=4853

"Section 41 of the Road Traffic Act 1994 as amended by Section 19 Road Traffic Act 2006 applies. A member of An Garda Síochána may seize a vehicle being used in a public place where – 

.............

There is no road tax in force for a period of 2 months or greater."

Yeah Right

https://www.boards.ie/discussion/comment/121764012#Comment_121764012

Soooo.....your question, then, is "will an individual Garda make a judgement call and let me off with a warning or will he apply the full letter of the law"?

How on earth do you expect anyone to answer that?

https://www.boards.ie/discussion/comment/121766229#Comment_121766229

I am asking the likelihood in most peoples experience. if you lost your licence for example would you be inclined to sit and wait for the replacement to come before you drive?

If you don’t then you’re breaking the law technically as the law is you must carry it with you!

That’s really my question in a nutshell, putting aside certs of compentecy and what you’re told leaving the test centre, do Gardai generally seize cars when a driver hasn’t got their licence on them.

User1998

https://www.boards.ie/discussion/comment/121766648#Comment_121766648

No of course they don’t. But they can ask for your name & address to check if you hold a full license

Buffman

https://www.boards.ie/discussion/comment/121766648#Comment_121766648

It's highly unlikey in that situation that the car would be seized, you'll normally be given the 10 days to produce it and an offence is only committed if you fail to produce it within that timeframe. Everything can be checked at the roadside on the Garda Mobility app now also which should show your current driving licence status.

https://www.garda.ie/garda/en/faqs/?id=4853

"Section 41 of the Road Traffic Act 1994 as amended by Section 19 Road Traffic Act 2006 applies. A member of An Garda Síochána may seize a vehicle being used in a public place where – 

• A member of An Garda Síochána is of the opinion that the vehicle is being used in contravention of Section 56 Road Traffic Act 1961 i.e. The person driving the vehicle is not insured to drive the concerned vehicle.
• The person driving the vehicle refuses or fails to produce there and then a driving licence then having effect and licensing him/her to drive the vehicle, when production of such a licence is demanded of him/her by a member of An Garda Síochána under Section 40(1) of the Road Traffic Act 1961 and the member is of the opinion that the person is by reason of his/her age ineligible to hold a driving licence, licensing him/her to drive the vehicle.
• There is no road tax in force for a period of 2 months or greater."

I would strongly urge you and anyone else in that situation to contact your TD's and the Minister to ask for their advice on the situation you're in, it's the only way anything will change.