Written answers

Thursday, 16 February 2006

Department of Transport

Road Traffic Offences

5:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 162: To ask the Minister for Transport the procedure to be followed in the case of a driver being disqualified under section 49 (4) and 6([i]a[/i]) of the Road Traffic Acts, while the driver, a holder of a provisional licence, subsequently passed a full driving test while still under disqualification and who is now anxious to clarify the way in which to proceed to acquisition of a full driver's licence; and if he will make a statement on the matter. [6247/06]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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Under the Road Traffic Act 1961 and the Road Traffic (Licensing of Drivers) Regulations 1999 to 2004, it is a matter for the appropriate licensing authority to determine the eligibility of a person for a driving licence and to issue licences. Where a person is disqualified from driving following conviction for an offence under section 49 of the Road Traffic Act 1961, section 26 of that Act, as amended by section 29 of the Road Traffic Act 1994, provides that such a person is disqualified for holding any provisional or driving licence whatsoever during the period of disqualification.

Article 29(7) of the Road Traffic (Licensing of Drivers) Regulations, 1999 requires that a person hold a provisional driving licence in the category of vehicle in which the driving test is to be carried out. A valid driving test cannot be conducted until a provisional licence has been obtained after the period of disqualification. Application for a provisional driving licence may only be made on expiry of the period of disqualification.

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