Mr. Con O'Donohue:

If the requirement is not made, there is no penalty against the judge for not asking. The legislation is framed to provide that if one is convicted of a penalty point offence in court, the judge will make a requirement of one. If the judge does not make the requirement of one, it just does not happen. That is the reality of it. If the judge makes that requirement and one does not produce the licence, there is provision in the legislation that the court will record the fact that the requirement was made and one did not comply. The current legislation we have is that for every penalty point offence, a person should present his or her licence. We need the support of the courts to get that implemented as extensively as possible. There is a slight lacuna in the legislation. If one is charged with a drink-driving or dangerous driving offence, there is no requirement on one to bring one's licence to court. It is only for penalty point offences.