Noel Dempsey (Meath West, Fianna Fail)

Driving while disqualified from doing so is deemed to be the same as driving without a licence. The Garda has powers under section 38 of the Road Traffic 1961 to deal with the offence of driving a mechanically propelled vehicle in a public place without holding a valid driving licence. A driver detected driving while disqualified can be summonsed to appear before the courts to answer that charge. Section 102 of the 1961 Act also provides for the penalties on summary conviction for an offence under section 38 of that Act. The maximum fine for first offence is €1,000; for a second or third offence-subsequent offence a fine not exceeding €2,000; and €2,000 for a third or subsequent offence, where committed within 12 consecutive months, and-or imprisonment to a term not exceeding three months at the discretion of the court.

Amendments to current legislation to permit seizure of licences is among a number of matters being considered by my officials in the context of the preparation of a road traffic Bill, which will be the subject of consultation with the Garda and my colleague, the Minister for Justice, Equality and Law Reform.

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