Róisín Shortall (Dublin North West, Labour)
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Question 338: To ask the Minister for Transport the action he intends taking arising from the outcome of court cases as reported (details supplied) where cases against drivers for the non-display of L-plates and for not being accompanied by a qualified driver were struck out due to deficiencies in Article 20 of the Road Traffic (Licensing of Drivers) Regulations 1999; when he will address such deficiencies; and if he will make a statement on the matter. [34790/05]

Martin Cullen (Waterford, Fianna Fail)
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The article referred to by the Deputy does not specify any alleged deficiencies in Article 20 of the Road Traffic (Licensing of Drivers) Regulations 1999 and no deficiencies have been notified to my Department. The position is that Article 20 provides in sub-article (6)(b)(iii) that a person provisionally licensed to drive vehicles of category B, C1, C, D1, D, EB, EC1, EC, ED1 or ED shall not drive such a vehicle unless there are displayed on the vehicle rectangular plates or signs bearing the letter "L" not less than 15cm high in red on a white ground, in clearly visible vertical positions to the front and rear of the vehicle. Furthermore sub-article (6)(b)(iv) provides that a person provisionally licensed to drive vehicles of category B, C1, C, D1, D, EB, EC1, EC, ED1 or ED shall not drive such a vehicle unless he or she is accompanied by and is under the supervision of a qualified person, that is, a person who holds a driving licence in respect of the vehicle category being driven.

A provisional licence only licenses a holder to drive a vehicle in respect of which the licence is granted provided these and other conditions applicable to a provisional licence are complied with. Non-compliance with any of these conditions leaves a person open to prosecution under section 38 of the Road Traffic Act 1961, which prohibits driving without a driving licence, as under section 35(3)(a) of that Act the holding of a provisional licence having effect is a good defence against such a charge.