P J Sheehan (Cork South West, Fine Gael)
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Question 443: To ask the Minister for Justice, Equality and Law Reform the number of people prosecuted in each of the past ten years for driving while holding a provisional licence and not being accompanied by a licensed driver; the number of these prosecutions that led to a conviction; and if he will make a statement on the matter. [26950/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Section 38 of the Road Traffic Act 1961 places an obligation on drivers when driving in a public place to hold a valid driving licence for the type of vehicle being driven.

By way of Regulation, in order for a provisional licence to be valid and have effect, certain conditions must be met such as being accompanied by a full driving licence holder in the case of first, third and subsequent provisional licence holders. Failure to meet these conditions renders the licence invalid and the provisions of section 38 of the Road Traffic Act 1961 are breached. This renders a person liable to prosecution.

I am informed by the Garda authorities that statistics on prosecutions for the offence of not holding a valid driving licence are not compiled in such a way as to provide a breakdown of prosecutions for this offence where the person prosecuted breached the requirements referred to.

The new regulatory provisions introducing learner permits which came into effect on 30 October, 2007, create a specific offence of failing to be accompanied by a full driving licence holder as required by the licensing of driving regulations.