Tommy Broughan (Dublin Bay North, Independent)
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111. To ask the Minister for Transport, Tourism and Sport the way in which he plans to improve the surrendering of licences from disqualified drivers to the Road Safety Authority in view of the fact that just 1,289 of the 9,449 drivers disqualified in court in 2017 surrendered their licences; and if he will make a statement on the matter. [24858/18]

Shane Ross (Dublin Rathdown, Independent)
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Under Regulations 45 and 46 of the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), as amended, those drivers who are subject to a consequential, ancillary or special disqualification are required to return their driving licence to the Road Safety Authority (RSA).  These are penal provisions.

It is not acceptable that so many people do not comply with this legal requirement, and do not return their licences.  At the same time, it is important to bear in mind that the matter of greatest concern here is whether people are driving while disqualified, and non-return of licences cannot be taken as a proxy measurement for those driving while disqualified.  A person who has retained the physical licence may not be driving, while a person who has returned the licence might continue to drive.

The penalty for driving while disqualified is fine up to a maximum of €5,000 and or a prison term of up to 6 months.  The penalty for non-return of a driving licence is the general penalty under the Road Traffic Acts, namely a fine of up to €1,000 for a first offence, up to €2,000 for a second offence, and up to €2,000 and/or up to 3 months in prison for a third or subsequent offence in a 12 month period.

As of 2014, Gardaí have the power to arrest those suspected of driving while disqualified, which is an important tool in dealing with the dangerous behaviour of driving while disqualified. 

I am satisfied that the legislation is adequate both in creating these offences along with the penalties prescribed therein and that the necessary powers have been given to the Gardaí to effectively deal with the issue.

Enforcement of the legislation is a matter for An Garda Síochána.