Written answers

Wednesday, 17 September 2014

Department of Transport, Tourism and Sport

Driver Licences

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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1672. To ask the Minister for Transport, Tourism and Sport further to Parliamentary Question No. 238 of 19 February 2014, if he will report on the sanctions that are in place in instances where a driver does not produce their licence to the National Driver Licence Service upon disqualification. [33020/14]

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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1673. To ask the Minister for Transport, Tourism and Sport the number of drivers who sent their driving licences to the National Driver Licence Service since January 2013 to date in 2014 upon receiving fines notices following disqualification orders having been made by the district courts; if records are maintained of the number of drivers who failed to produce their licences to the NDLS upon disqualification from driving since January 2013 to date in 2014; and the penalties in place for drivers who fail to produce their driving licences to the NDLS following disqualification orders having been made by the courts. [33021/14]

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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1693. To ask the Minister for Transport, Tourism and Sport his views on the Road Safety Authority's engagement with the Courts Service in respect of road traffic offences with a view to introducing a process in order that the Courts Service can provide An Garda Síochána with details of accused persons appearing in court, who following conviction for road traffic offences have failed to produce their driving licences or learner permits in court so that a conviction for failure to produce a driving licence or learner permit can be obtained. [33646/14]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 1672, 1673 and 1693 together.

Under section 22 of the Road Traffic Act 2002, as amended, a person who appears in court in relation to an alleged offence under the Road Traffic Acts is required to produce their driving licence or learner permit and a copy of that licence or learner permit, in court.  Failure to do so is an offence.  The penalty is the general penalty under section 102 of the Road Traffic Act 1961, i.e. a fine of up to €1,000 for a first offence, a fine of up to €2,000 for a second or subsequent offence, and a fine of up to €2,000 and/or three months imprisonment for a third or subsequent offence within a period of one year.  Where a case results in the individual being required to surrender their licence, the licence can therefore be retained by the court at the end of the process. The implementation of the provisions is a matter for the Courts Service and my colleague the Minister for Justice and Equality.

In addition, under section 40 of the 1961 Act, a Garda may demand production of a driving licence and, under 60 of the Road Traffic Act 2010, may seize such licence where the member has reasonable grounds for believing that the individual has been disqualified.  

In regard to the figures of licences surrendered, and of cases where people disqualified did not surrender licences, these are matters for the Road Safety Authority, as are any discussions which the RSA may have had with the Courts Service regarding procedures.  I have therefore forwarded these aspects of the questions to the Authority for direct reply.  I would ask the Deputy to contact my office if a response has not been received within ten days.

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