Written answers
Wednesday, 11 November 2015
Department of Transport, Tourism and Sport
Road Traffic Offences
Tommy Broughan (Dublin North East, Independent)
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35. To ask the Minister for Transport, Tourism and Sport for an update on the measures, and follow-up, being taken by his Department to ensure that driver licence numbers are being recorded in courts for penalty point offences, in particular in cases of drink-driving, dangerous driving and disqualification from driving; and if he will make a statement on the matter. [39051/15]
Paschal Donohoe (Dublin Central, Fine Gael)
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There is a legal obligation to produce a driving licence in court when summonsed for a road traffic offence under section 22 of the Road Traffic Act 2002. In addition, it is a legal requirement for the court to record the licence details. This applies in ALL cases - whatever the alleged road traffic offence, and whether or not the cases result in conviction, penalty points, or disqualification.
The implementation of the legislation is a matter for the Courts Service in the first instance. While I have no authority to issue directions to the Courts Service, I understand from recent correspondence with them that they are well aware of and fully appreciate the legal position which I have stated.
Where drivers do not produce their licence in court, they commit an offence. The bringing of prosecutions in such cases is a matter for An Garda Síochána.
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