Oireachtas Joint and Select Committees

Wednesday, 30 November 2016

Select Committee on Transport, Tourism and Sport

Road Traffic Bill 2016 (Seanad): Committee Stage

9:30 am

Photo of Imelda MunsterImelda Munster (Louth, Sinn Fein) | Oireachtas source

I move amendment No. 44:

In page 18, between lines 31 and 32, to insert the following:

“Learner Driver driving unaccompanied (Owner)

25. The Road Traffic Act 1961, is amended by the insertion of the following section:“35A.(1)It shall be an offence for the owner of a vehicle to allow their vehicle be driven by a learner driver driving unaccompanied.
(2) Where a person charged with an offence under this section is the owner of the vehicle, it shall be a good defence to the charge for the person to show that the vehicle was being used without his consent and either that he had taken all reasonable precautions to prevent its being used or that it was being used by his servant acting in contravention of his orders.

(3) Where a person is guilty of an offence under this section and disregarding any disqualification that may be capable of being imposed, such person shall be liable on summary conviction to a fine not exceeding €2,000 or a term not exceeding six months imprisonment or both such fine and imprisonment.”.”.

The thrust of this amendment is to put the onus on a car owner not to allow a learner permit driver to drive a car. It is illegal to do so. It would help to reduce the number of unaccompanied learner drivers on the road. I do not know if there is any impediment to including this and I cannot see how there could be.

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