Fergal Browne (Fine Gael)
Link to this: Individually | In context

I apologise to the House for my absence. I got caught out in terms of the time.

A constituent of mine served in the Garda for 30 years. During that time he would have driven over 100,000 miles on Garda motorcycles; that is a conservative estimate. When he retired, with a distinguished record in the Garda Síochána, he maintained his love for and interest in motorcycling. On applying for a licence as an individual, however, he was dismayed to learn that having served 30 years or more in the Garda Síochána, and having driven so many miles with a perfect record, he would have to apply for a provisional driving licence. As a result, he could not ride a motorbike with an engine over a certain cc. Basically, he was being treated like a 17 year old.

I understand this is the position in many other counties but a little common sense should be applied in this regard. We owe a huge debt of gratitude to everyone involved in the emergency services, be it the fire service, the Garda Síochána or the ambulance service. In unique cases such as those involving a retired member of the force who, while a member of the force, is entitled to use any motor vehicle but, on retiring with a perfect record, is asked to apply for a provisional licence, the Minister and the Government should show some latitude in granting such persons a full licence. They should not be forced to apply for a provisional driving licence and to resit the test. That is insulting to them. I hope the Minister will use common sense in examining the relevant legislation with a view to introducing a short amendment. The Road Traffic Bill is before the Houses and perhaps there is an opportunity in that Bill to deal with the problem. If not, perhaps it could be dealt with in this House. I am sure many of the Minister's own constituents may fall under the same remit. I ask the Minister to examine this issue and look forward to his reply.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

On behalf of the Minister for Transport, the Minister is not aware of the difficulty that may have arisen from the current driver licensing arrangements that apply to former members of the Garda Síochána. The Road Traffic Act 1961 requires that a person must hold a driving licence in order to drive a mechanically propelled vehicle in a public place. In order to obtain a driving licence the Road Traffic (Licensing of Drivers) Regulations 1999 require that documentation accompanying an application to a licensing authority for a driving licence must include a certificate of competency to drive. Normally, such a certificate is obtained when a person successfully undergoes the driving test. In the case of a former member of the Garda Síochána, such a certificate of competency is not required to be submitted with an application for a driving licence, in certain circumstances.

An application for a driving licence from a former member of the Garda Síochána does not require a certificate of competency arising from the successful completion of the driving test, where the applicant is a person who, as a member of the Garda Síochána within a period of five years prior to the date of the application, held a certificate issued by or on behalf of the Assistant Commissioner, training, in the Garda Síochána to drive vehicles of the category to which the application relates and whose application is accompanied by a certificate by or on behalf of the said Assistant Commissioner that the person is competent to drive vehicles of that category. I assume if the person to whom Senator Browne referred made an appropriate application to the Assistant Commissioner, if he had experience in the relevant category, he would receive it. However, as his exclusive experience was in the area of motorcycles and that might have created a difficulty in his particular case.

The application for a driving licence must be made to the licensing authority in whose functional area the person ordinarily resides. It is a matter for the appropriate licensing authority to determine the eligibility of a person for a driving licence and to issue licences.

The Minister is not aware of any particular problem in regard to the processing of driving licence applications in respect of former members of the Garda Síochána who hold valid certificates issued by or on behalf of the Assistant Commissioner, training, by licensing authorities. If there are problems about which the Senator is aware, perhaps he could forward the relevant details to the Minister for Transport.

Fergal Browne (Fine Gael)
Link to this: Individually | In context

I will forward the reply to the retired garda and I accept the comments made by the Minister of State. The difficulty in this case may be that the garda's certificate of competency did not issue before he retired. Many gardaí may not think of that before they retire.

Brian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

The Minister would be delighted to address the issue if the Senator adverts to him.