Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I am sure the Senator heard we were having some teething problems, so I am glad to hear the system is working for someone.

Under section 40 of the 1961 Act, as amended, a garda may demand of a driver the production of a driving licence or a learner permit. Where the driver fails to produce the licence or permit, the garda may require the driver to produce the licence or permit at a Garda station of the driver’s choosing within ten days of the event. The so-called ten-day rule is a practical measure as the person may be away from home on business or on holiday when stopped by a garda. Where a driver fails to produce a valid licence or permit, he or she commits an offence and the Garda can then begin proceedings.

The Senator’s amendment proposes the reduction of the leeway period to 48 hours. While I accept that drivers should carry a licence at all times, I consider that a 48-hour period for production of the licence to be too onerous in circumstances where the driver may be away from home. For example, the person may be taking a flight the next morning to go on holidays, or he or she may have left his or her licence in work or with somebody else and have to go and pick it up. The person may find, God forbid, that he or she has to get on a plane to Brussels or Luxembourg for a European Council meeting and will not return for 48 hours.

I also believe that imposing six points is very onerous. We will now disqualify large numbers of drivers after seven points. This amendment could result in a driver being disqualified from driving because it took three days to find a licence or might have a vehicle impounded under those circumstances. In addition, the amendment as proposed is not acceptable from a drafting point of view, as it refers to section 40 of the Road Traffic Act 2010, whereas in fact it should refer to section 40 of the Road Traffic Act 1961.

I have also discussed this proposal with representatives of the Garda. Their view is that the current system is adequate and they do not wish to see it changed. For these reasons I cannot support the amendment.