Provisional Drivers

jim_bob

does anyone know where i can find the new law regarding Provisional Drivers can't find it on www.gov.ie

as i heard that if you applied for your test before they said they where introducing the new scheme that it doesn't affect you

and if not does it come into affect on the 1st

Cheers

sceptre

Doubt you'll find it without poking around quite a bit.

They've just decided to apply the law that's been there forever (probably since 1963 at a guess)

In other words, if you're on provisional 2 you can still drive by yourself (though they may change this in the future). Any other provisional you have to be accompanied. That's the law interpreted strictly. If they have a policy on ignoring people who've applied for their test or just ignoring what they said entirely it'll be applied fairly informally.

With regard to carrying your licence while driving, they've merely decided to apply a provision in the 1994 Road Traffic Act amendment (hence my taking a long time to figure out how the hell they were doing this without passing a nice new law)

daveirl

This post has been deleted.

Samson

Originally posted by sceptre
With regard to carrying your licence while driving, they've merely decided to apply a provision in the 1994 Road Traffic Act amendment

Requirement to carry driving licence while driving vehicle.
25.—The following section is inserted in the Principal Act in substitution for section 40 of that Act:

"40.—(1) ( a ) A member of the Garda Síochána may demand, of a person driving in a public place a mechanically propelled vehicle or accompanying pursuant to regulations under this Act the holder of a provisional licence while such holder is driving in a public place a mechanically propelled vehicle, the production to him of a driving licence then having effect and licensing the said person to drive the vehicle, and if the person refuses or fails so to produce the licence there and then, he shall be guilty of an offence.

( b ) Where a person of whom the production of a driving licence is demanded under this section refuses or fails to produce the licence there and then, a member of the Garda Síochána may require the person to produce within 10 days after the date of the said requirement the licence in person to a member of the Garda Síochána at a Garda Síochána station to be named by the person at the time of the requirement and, if the person refuses or fails so to produce the licence, he shall be guilty of an offence.

( c ) In any proceedings a certificate, purporting to be signed by the member in charge of the Garda Síochána station at which the defendant concerned was required, pursuant to paragraph (b), to produce the driving licence, stating that the defendant did not, within 10 days after the day on which the production was required, produce a driving licence in accordance with the said paragraph (b) shall, without proof of the signature of the person purporting to sign the certificate or that he was the member in charge of the Garda Síochána station, be evidence, until the contrary is shown, of the facts stated in the certificate.

( d ) Where any person is required to produce a driving licence at a Garda Síochána station and the person produces the licence within 10 days after the day on which the production was required, the member in charge of the Garda Síochána station shall issue a certificate stating that the licence was so produced and such certificate shall be evidence of the facts stated in the certificate.

(2) Where a person of whom the production of a driving licence is demanded or required under this section produces the licence in accordance with the demand or requirement, but refuses or fails to permit the member of the Garda Síochána to whom it is produced to read the licence, he shall be guilty of an offence.

(3) Where a person of whom the production of a driving licence is demanded or required under this section refuses or fails so to produce the licence or produces the licence but refuses or fails to permit the member of the Garda Síochána to whom it is produced to read the licence, the member may demand of the person his name and address and, if the person refuses or fails to give to the member his name and address or gives to the member a name or address which is false or misleading, he shall be guilty of an offence.

(4) A member of the Garda Síochána may arrest without warrant—

( a ) a person who pursuant to this section produces a driving licence to the member but refuses or fails to permit the member to read it, or

( b ) a person who, when his name and address is lawfully demanded of him by the member under this section, refuses or fails to give to the member his name and address or gives to the member a name or address which the member reasonably believes to be false.

(5) A person who, when the production of a driving licence is demanded or required of him under this section, does not produce the licence because he is not the holder of a driving licence shall be deemed to fail to produce his driving licence within the meaning of subsection (1) of this section."

mike65

Originally posted by daveirl
or me taking a long time to figure out how no one is freaking out about our civil rights being infringed. I don't like having to carry ID at all.

Where are we? Communist Russia?

Dave its not an ID card, it can't be as not everyone has a driving licence and if you're not driving you dont need to carry your licence.

Many countries have proper ID cards, Ireland is one of the few in Europe that does'nt.

http://www.wired.com/news/conflict/0,2100,47073,00.html

http://news.bbc.co.uk/1/hi/uk_politics/2078604.stm

Mike.

daveirl

This post has been deleted.

seamus

Originally posted by daveirl
Nah I'd just prefer if they took your registration and gave you 7 days to present it at the station.

But then the people who are banned from driving or any other sort of scumbags fall through the net because they then just don't present themselves at the station.

No, this is long overdue. The Irish having been driving on the honours system for far too long now, and serious offenders aren't getting caught.

daveirl

This post has been deleted.

Atomic Pineapple

Are ya sure it doesnt effect a 2nd provisional licensce yet?

I know there's plans to make it affect it but i didnt think it was coming in for another couple of months, but eveyone i seem to ask (admittingly people who probably wouldn't have a clue) seem to think it does affect the 2nd provisional license aswell?

seamus

Originally posted by draffodx
Are ya sure it doesnt effect a 2nd provisional licensce yet?

I know there's plans to make it affect it but i didnt think it was coming in for another couple of months, but eveyone i seem to ask (admittingly people who probably wouldn't have a clue) seem to think it does affect the 2nd provisional license aswell?

Not yet it won't affect ya. The Minister will let everyone know when this is planned to be implemented - probably when they introduce the new credit-card style licences sometime after the summer.

Currently, they are only planning to enforce a law that's been there for donkey's years :rolleyes: Good aul Oirlaend.

Basically, nothing has changed, yet. But make sure you carry your licence with ya.