Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Please note that it is not permitted to have referral links posted in your signature. Keep these links contained in the appropriate forum. Thank you.

https://www.boards.ie/discussion/2055940817/signature-rules

Disqualified in NZ

Options
  • 12-01-2017 9:46pm
    #1
    Santrack
    Registered Users Posts: 8 ✭


    Hi I moved to New Zealand a year ago and exchanged my Irish licence for a New Zealand one. I was disqualified from driving on the New Zealand licence, I am now back in Ireland will the disqualification affect me getting back my Irish licence?, thanks


«1

Comments

  • Options
    #2
    TheUnderfaker
    Registered Users Posts: 275 ✭✭TheUnderfaker


    Yes


  • Options
    #3
    Santrack
    Registered Users Posts: 8 ✭Santrack


    TheUnderfaker wrote: »
    Yes

    Thanks for reply, Can you expand a bit?


  • Options
    #4
    TheUnderfaker
    Registered Users Posts: 275 ✭✭TheUnderfaker


    Santrack wrote: »
    Thanks for reply, Can you expand a bit?

    From what I understand, you'll need to trade in your NZ licence to get an Irish one. The department of transport will consult their NZ counterparts to make sure you're entitled to the swap.

    I'm not sure if other options are available to you


  • Options
    #5
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Is it not possible to have both?
    Could one not just re apply for old Irish one as change of address or lost?


  • Options
    #6
    n97 mini
    Registered Users Posts: 8,295 ✭✭✭n97 mini


    punisher5112 wrote: »
    Is it not possible to have both?
    Could one not just re apply for old Irish one as change of address or lost?

    What happens then if the OP is involved in a serious accident and it's revealed they were banned from driving in NZ? That could end with a custodial sentence.


  • Advertisement
  • Options
    #7
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    n97 mini wrote: »
    What happens then if the OP is involved in a serious accident and it's revealed they were banned from driving in NZ? That could end with a custodial sentence.

    Its not recognised out of state unless in the UK.

    A small fine may be imposed depending on countries otherwise.

    Example if banned in UK then you shouldn't drive in Ireland either but at the moment no others follow such terms.


  • Options
    #8
    Marcusm
    Registered Users Posts: 10,244 ✭✭✭✭Marcusm


    punisher5112 wrote: »
    Its not recognised out of state unless in the UK.

    A small fine may be imposed depending on countries otherwise.

    Example if banned in UK then you shouldn't drive in Ireland either but at the moment no others follow such terms.

    Except that the OP has no licence to exchange for an Irish one!


  • Options
    #9
    Santrack
    Registered Users Posts: 8 ✭Santrack


    Marcusm wrote: »
    Except that the OP has no licence to exchange for an Irish one!

    Don't understand what you mean by this can you explain please?


  • Options
    #10
    cython
    Registered Users Posts: 4,759 ✭✭✭cython


    Santrack wrote: »
    Don't understand what you mean by this can you explain please?

    Pretty simple, I'd have thought - when you are disqualified from driving "Any licence card held by you at the time of your suspension or disqualification will have been permanently cancelled."

    Therefore you do not have a valid NZ licence to exchange for an Irish licence.

    Source: https://www.nzta.govt.nz/driver-licences/driving-offences-and-penalties/getting-your-licence-back/


  • Options
    #11
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    punisher5112 wrote: »
    Is it not possible to have both?

    An EU resident can't hold more than one driving licence.


    punisher5112 wrote: »
    Could one not just re apply for old Irish one as change of address or lost?

    When you exchange your licence the issuing authority contacts the origial issuing authority to check that there are no restrictions etc, they then return the original licence to the issuing authority who cancle the licence and record it has been exchanged.

    If the OP then tried to say they lost their licence or change of address the NDLS would know their previous Irish licence was exchanged for a NZ one and cancled.


    punisher5112 wrote: »
    n97 mini wrote: »
    What happens then if the OP is involved in a serious accident and it's revealed they were banned from driving in NZ? That could end with a custodial sentence.

    Its not recognised out of state unless in the UK.

    Yes and no.

    Yes - you are correct mutual recognition only applies between Ireland and the UK and nowhere else in the EU in relation to existing licences, for example someone who is banned in the UK or Ireland is automatically banned in the other country irrespective of having a UK or Irish licence. This was originally bilaterally agreed under the now revoked 1998 EU Convention on Driving Disqualifications, the convention was revoked in 2015 leaving no legal framework in Ireland for the operation of the recognition (the UK had it's own legal framework in place already), but the recently enacted Road Traffic Act 2016 has once again brought the recognition into operation by giving it the necessary legal framework here.

    No - when it comes to licence exchange you can't exchange an EU/EEA licence which is restricted, suspended or withdrawn and AFAIK this also applies to the recognised non EU/EEA licences under the agreements made.


    punisher5112 wrote: »
    A small fine may be imposed depending on countries otherwise.

    Not sure what you mean by this? No fine can be issued for such or do you mean in some other countries they may issue a small fine?


    Santrack wrote: »
    I am now back in Ireland will the disqualification affect me getting back my Irish licence?, thanks

    Where you required to surrender your NZ licence or not? Usually you are! If you were the NDLS will return the NZ licence to them and will not issue you the Irish licence.

    Secondly (assuming there was no issues preventing the issue of an Irish licence) a rather unusual situation has presented itself here in your circumstances - an Irish licence issued in exchange for a NZ licence will be restricted to automatic vehicles only (even if the NZ licence has no such restriction) unless you present proof from NZ Transport Agency showing you undertook a manual driving test with them, something which you can't do because you exchanged your original Irish licence for the NZ licence in the first place. A bit of a catch 22.


  • Advertisement
  • Options
    #12
    Cookie_Monster
    Registered Users Posts: 24,489 ✭✭✭✭Cookie_Monster


    GM228 wrote: »
    An EU resident can't hold more than one driving licence.

    I have my Irish licence and an NZ one.
    My wife didn't get her Irish one back though.


  • Options
    #13
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Cookie_Monster wrote: »
    I have my Irish licence and an NZ one.
    My wife didn't get her Irish one back though.

    I know of a few that have also.

    Including ones in the u.s.a

    I've known some exchanged then went back and got another as replacement for original country.


  • Options
    #14
    Santrack
    Registered Users Posts: 8 ✭Santrack


    GM228 wrote: »
    An EU resident can't hold more than one driving licence.





    When you exchange your licence the issuing authority contacts the origial issuing authority to check that there are no restrictions etc, they then return the original licence to the issuing authority who cancle the licence and record it has been exchanged.

    If the OP then tried to say they lost their licence or change of address the NDLS would know their previous Irish licence was exchanged for a NZ one and cancled.





    Yes and no.

    Yes - you are correct mutual recognition only applies between Ireland and the UK and nowhere else in the EU in relation to existing licences, for example someone who is banned in the UK or Ireland is automatically banned in the other country irrespective of having a UK or Irish licence. This was originally bilaterally agreed under the now revoked 1998 EU Convention on Driving Disqualifications, the convention was revoked in 2015 leaving no legal framework in Ireland for the operation of the recognition (the UK had it's own legal framework in place already), but the recently enacted Road Traffic Act 2016 has once again brought the recognition into operation by giving it the necessary legal framework here.

    No - when it comes to licence exchange you can't exchange an EU/EEA licence which is restricted, suspended or withdrawn and AFAIK this also applies to the recognised non EU/EEA licences under the agreements made.





    Not sure what you mean by this? No fine can be issued for such or do you mean in some other countries they may issue a small fine?





    Where you required to surrender your NZ licence or not? Usually you are! If you were the NDLS will return the NZ licence to them and will not issue you the Irish licence.

    Secondly (assuming there was no issues preventing the issue of an Irish licence) a rather unusual situation has presented itself here in your circumstances - an Irish licence issued in exchange for a NZ licence will be restricted to automatic vehicles only (even if the NZ licence has no such restriction) unless you present proof from NZ Transport Agency showing you undertook a manual driving test with them, something which you can't do because you exchanged your original Irish licence for the NZ licence in the first place. A bit of a catch 22.

    Thanks for all your help yes had to surrender nz licence is there a way of finding out the status of my Irish license?can I drive in Ireland now? Thanks


  • Options
    #15
    punisher5112
    Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    Santrack wrote: »
    Thanks for all your help yes had to surrender nz licence is there a way of finding out the status of my Irish license?can I drive in Ireland now? Thanks

    Could always apply for it and see.

    As I've said know a few holding Irish and non EU licrnces.


  • Options
    #16
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Santrack wrote: »
    Thanks for all your help yes had to surrender nz licence is there a way of finding out the status of my Irish license?can I drive in Ireland now? Thanks

    Your Irish licence was cancled as you exchanged it for a NZ one, you now have no licence to drive.


  • Options
    #17
    Santrack
    Registered Users Posts: 8 ✭Santrack


    GM228 wrote: »
    Your Irish licence was cancled as you exchanged it for a NZ one, you now have no licence to drive.

    I'm not sure it is cancelled don't think it is that clear cut


  • Options
    #18
    jimmycrackcorm
    Registered Users Posts: 14,336 ✭✭✭✭jimmycrackcorm


    Santrack wrote:
    I'm not sure it is cancelled don't think it is that clear cut

    It depends on whether the NZ authorities simply accepted the irish licence and swapped it, or contacted the irish authority to get it cancelled.

    Still, requesting a replacement here requires a declaration about what happened to the original.


  • Options
    #19
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    jimmycrackcorm wrote: »
    It depends on whether the NZ authorities simply accepted the irish licence and swapped it, or contacted the irish authority to get it cancelled.

    Still, requesting a replacement here requires a declaration about what happened to the original.

    The conditions of the exchange agreements require the licences to be returned to the NDLS (and vice versa).

    All recognised exchanges must conform with the provisions of EU law on driving licences which does not allow anybody in the EU to hold more than one licence which is why the old licence is cancled.


  • Options
    #20
    magicbastarder
    Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 49,126 CMod ✭✭✭✭magicbastarder


    so, why were you disqualified?


  • Options
    #21
    Santrack
    Registered Users Posts: 8 ✭Santrack


    magicbastarder wrote: »
    so, why were you disqualified?

    Caught speeding twice judge didn't like Irish


  • Advertisement
  • Options
    #22
    magicbastarder
    Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 49,126 CMod ✭✭✭✭magicbastarder


    how did you end up in front of a judge? do they not have the same system of FPNs like in ireland?
    http://www.police.govt.nz/faq/what-are-the-fines-for-speeding


  • Options
    #23
    Del2005
    Registered Users Posts: 18,963 ✭✭✭✭Del2005


    magicbastarder wrote: »
    how did you end up in front of a judge? do they not have the same system of FPNs like in ireland?
    http://www.police.govt.nz/faq/what-are-the-fines-for-speeding

    Must of been more than 50 over the limit, twice.


  • Options
    #24
    howiya
    Registered Users Posts: 3,266 ✭✭✭howiya


    Santrack wrote: »
    Caught speeding twice judge didn't like Irish

    Judge didn't like Irish... That's probably something you could have appealed if it was the real reason


  • Options
    #25
    Santrack
    Registered Users Posts: 8 ✭Santrack


    howiya wrote: »
    Judge didn't like Irish... That's probably something you could have appealed if it was the real reason

    Great


  • Options
    #26
    Cookie_Monster
    Registered Users Posts: 24,489 ✭✭✭✭Cookie_Monster


    GM228 wrote: »
    The conditions of the exchange agreements require the licences to be returned to the NDLS (and vice versa).

    All recognised exchanges must conform with the provisions of EU law on driving licences which does not allow anybody in the EU to hold more than one licence which is why the old licence is cancled.

    apart from when it's not. I still have both, no issues getting the Irish one back after it was checked.


  • Options
    #27
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Options
    #28
    Marcusm
    Registered Users Posts: 10,244 ✭✭✭✭Marcusm


    Fred Swanson wrote: »
    This post has been deleted.

    Assuming that they are for the same category, the member state which issued the second licence has a positive obligation under the 2006 directive to cancel the licence. I didn't but it ever happens, however.


  • Options
    #29
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Marcusm wrote: »
    Assuming that they are for the same category, the member state which issued the second licence has a positive obligation under the 2006 directive to cancel the licence. I didn't but it ever happens, however.

    The member state which issued the second licence must return the original licence to the origial issuing authority, the licence is cancled via what is known as the RESPER system which is linked to all issuing authorities, however the system is only live a few years now and several countries were taken to the ECJ over their failures to link with the system as recent as early 2016 meaning that prior to the introduction of the system there was issues of more than one licence being issued.


  • Options
    #30
    Cee-Jay-Cee
    Registered Users Posts: 12,235 ✭✭✭✭Cee-Jay-Cee


    No you will not be disqualified here. NZ law has no jurisdiction here.


  • Advertisement
  • Options
    #31
    Marcusm
    Registered Users Posts: 10,244 ✭✭✭✭Marcusm


    GM228 wrote: »
    The member state which issued the second licence must return the original licence to the origial issuing authority, the licence is cancled via what is known as the RESPER system which is linked to all issuing authorities, however the system is only live a few years now and several countries were taken to the ECJ over their failures to link with the system as recent as early 2016 meaning that prior to the introduction of the system there was issues of more than one licence being issued.

    I was responding to Fred's comments about individuals he knew who had licences from 2 EU member states; it happens and it shouldn't. These are not lovely cencecexchange issues but individuals who have sat tests in different countries.


Advertisement