Brendan Ryan (Dublin Fingal, Labour) | Oireachtas source

I move amendment No. 40:

In page 18, between lines 31 and 32, to insert the following:“Owner permitting vehicle to be driven by unaccompanied learner

25. (1) Subsection (2) applies where a holder of a learner permit—

(a) commits an offence by driving a vehicle when not accompanied by and under the supervision of a qualified person, contrary to Article 20(6)(b)(iv) of the Road Traffic (Licensing of Drivers) Regulations 1999, and

(b) is not the owner of the vehicle concerned.

(2) Where this subsection applies, the owner of the vehicle concerned also commits an offence and is liable on summary conviction to a class A fine, or to imprisonment for a term not exceeding 6 months, or to both.

(3) In proceedings for an offence under subsection (2), it is a defence to show that the vehicle concerned was driven without the owner’s consent and that he or she had taken all reasonable precautions to prevent its being so driven.”.

This amendment is a response to the statement of the Clancy family, which was reported on 22 November following the trial of an unaccompanied learner driver who caused the deaths of their mother and daughter. Noel Clancy said at the time that the Government and Irish society needed to reflect on the number of young learner drivers who drive cars unaccompanied in contravention of the law. He also said it was important to reflect on the question of how many unaccompanied learner drivers are on the roads of Ireland on any given day and how many parents and family members allow their cars to be driven by these drivers. He further called on the Minister for Transport, Tourism and Sport to implement legislation to provide that allowing one's car to be driven by an unaccompanied learner driver is an offence and would make the car owner and driver equally accountable in law. My amendment addresses this issue.