Written answers

Wednesday, 10 February 2021

Department of Justice and Equality

Road Traffic Offences

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

637. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 526 of 8 December 2020, if she received the additional information requested from the Garda Commissioner; and if she will make a statement on the matter. [7026/21]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Parliamentary Question No. 526 of 8 December 2020 refers to the number of learner drivers detected driving while unaccompanied under the Clancy Amendment law since 22 December 2018; the number that had their vehicles seized for driving unaccompanied; and the number that were issued with a fixed charge notice for driving unaccompanied.

As you may recall, the information you requested could not be obtained in the time available and I undertook to contact you again when the information was to hand. The requested information has now been provided by An Garda Síochána.

As you will be aware, the Road Traffic (Amendment) Act 2018, known as the Clancy Amendment, seeks to penalise car owners who knowingly allow their vehicles to be used by an unaccompanied learner driver. The law allows the owners of these vehicles to be fined and gives Gardaí the power to seize their cars if being driven by unaccompanied drivers.

I am informed by the Garda authorities that since the legislation was introduced on 22 December 2018, there have been 6,294 incidents in which drivers have had their vehicles seized under the Clancy Amendment for driving unaccompanied.

I am informed by the Garda authorities that the following table show the number of Fixed Charge Notices issued in relation to Learner Driver Offences for the years 2016 up to and including 2020.

Offence Description
2016
2017
2018
2019
2020
Non Display of L plate (Learner Driver) 3899 3904 3416 3845 4148
Learner Driver Unaccompanied by a Qualified Driver 5812 6222 5187 6145 6709
Non Display of L tabard on motorcycle 73 98 97 110 174

Figures are based on incidents which occurred from 2016-2020 inclusive. All information contained in this report is based upon operational data from the PULSE and FCPS systems as was available on 28 January 2021 and is provisional, operational and subject to change.

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

638. To ask the Tánaiste and Minister for Justice and Equality the number of unaccompanied learner drivers detected per Garda division and station in 2019 and up to 31 October 2020; the number of learners issued with a fixed charge notice for driving unaccompanied per division and station; the number of vehicles seized from learners each year for driving unaccompanied per Garda division and station; and if she will make a statement on the matter. [7027/21]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Deputy will be aware that the Road Traffic (Amendment) Act 2018, known as the Clancy Amendment, seeks to penalise car owners who knowingly allow their vehicles to be used by an unaccompanied learner driver. The law allows the owners of these vehicles to be fined and gives Gardaí the power to seize their cars if being driven by unaccompanied drivers.

I am informed by the Garda authorities that 12,443 Fixed Charge Notices have been issued to learner drivers who were unaccompanied by a qualified driver between 22 December 2018 and 13 December 2020 inclusive.

I am further informed that there was 5,734 incidents in which drivers have had their vehicles seized under the Clancy Amendment for driving unaccompanied by a qualified driver between 22 December 2018 and 13 December 2020 inclusive.

All information contained in this report is based upon operational data from the PULSE and FCPS systems as was available on 14 December 2020 and is liable to change.

I have requested further information from the Garda Commissioner in relation to localised data as requested by the Deputy and will write to the Deputy directly with the information requested, when it is available.

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

639. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question Nos. 145 of 18 November 2020 and 500 of 8 December 2020, the number of learner drivers in 2019 and up to 31 October 2020 that did not pay the FCN issued for driving unaccompanied by a qualified driver under the Clancy amendment; and if she will make a statement on the matter. [7028/21]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy is aware, the Road Traffic (Amendment) Act 2018, also known as the Clancy Amendment, seeks to penalise car owners who knowingly allow their vehicles to be used by an unaccompanied learner driver. The law allows the owners of these vehicles to be fined and gives Gardaí the power to seize their cars if being driven by unaccompanied drivers.

I am advised by the Garda authorities that 11,733 Fixed Charge Notices issued in relation to the offence of Learner Drivers unaccompanied by a qualified driver for the period from January 2019 - October 2020.

I am further advised that:

- 7,608 of these were either paid or are within the payment process.

- 432 were either terminated or became statute barred.

- 3,693 have either gone to summons or have been sent to court.

I am informed that these figures are based on incidents which occurred from 01/01/2019 to 31/10/2020 inclusive and were collated based on data from PULSE and FCPS data as of 8 February 2021. As they constitute real time operational data, they are liable to change.

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

640. To ask the Tánaiste and Minister for Justice and Equality the number of disqualified learner drivers who failed to surrender their learner permit in 2018 and 2019 and were summoned to court for the offence; the number convicted each year for this offence; the penalties imposed each year; and if she will make a statement on the matter. [7029/21]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I have requested information from the Courts Service and am making further enquiries in relation to this matter. I will write to the Deputy directly with the information requested when it is available.

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

641. To ask the Tánaiste and Minister for Justice and Equality the number of full licence holders who were disqualified but failed to surrender their driver licence in 2018 and 2019 and were summoned to court for the offence of failing to surrender; the number convicted each year for this offence; the penalties imposed each year; and if she will make a statement on the matter. [7030/21]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I have requested information from the Courts Service and I am making further enquiries in relation to this matter. I will write to the Deputy directly with the information requested, when it is available.

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

642. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 501 of 8 December 2020, the number of drivers summoned to court for driving without a licence, per district court in 2018, 2019 and up to 31 July 2020; the number convicted per district court in each year; and the fines imposed per district court in each year. [7031/21]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am informed by An Garda Síochána that section 38 of the Road Traffic Act 1961, as amended by section 12 of the Road Traffic Act 2006, creates the offence of ‘Driving without a Driving Licence’. The penalty for this offence is, upon summary conviction, a fine not exceeding €1,000, and in any other case, a fine not exceeding €2,000.

I am further informed that section 38 (5) of the Road Traffic Act 1961, as amended by Section 12 of the Road Traffic Act 2006, provides an increased penalty in respect of a person who is summarily convicted of the offence of Driving without a Driving Licence and was, at the time he or she committed the offence, disqualified for holding a driving licence, namely a fine not exceeding €5,000, or imprisonment for a term not exceeding 6 months or both.

The following table, provided by the Courts Service, shows the number of drivers summoned to court for driving without a licence, per district court, for 2018 and 2019. 2020 figures are for the period from January – July 2020.

Please note that the Courts can only provide data in relation to where offence codes provided on the system were used by prosecutors. Prosecutors may have used uncoded free text offences and any such offences would not be included in the data provided.

Jan – Dec 2018

Court Area No. of Persons before the court No. of Persons convicted No. of Persons where fines were imposed
ACAILL 1
ARKLOW 88 15 15
ATHLONE 141 35 22
BALLINASLOE 94 17 17
BANTRY 37 13 9
BRAY 279 39 37
CAVAN 229 11 8
DUBLIN METROPOLITAN DISTRICT 5,383 1,079 1,033
ENNIS 369 103 103
FERMOY 152 19 12
KENMARE 21 9 9
KILKENNY 235 89 84
KILLARNEY 104 38 34
LIMERICK 961 275 273
MACROOM 103 36 28
MANORHAMILTON 13 6 4
MEATH 652 81 75
MONAGHAN 91 4 4
NEWCASTLE WEST 203 54 54
ROSCOMMON 82 16 14
WEXFORD 280 66 52
YOUGHAL 43 11 8
ARDEE 56 3 3
ATHY 80 25 22
BALLINA 61 15 15
BANDON 95 34 23
BEAL AN MHUIRTHEAD 8 1 1
BALLAGHADERREEN 21 4 2
BALLYSHANNON 33 3 2
BUNCRANA 62 4 2
CAHIRCIVEEN 15 2 2
CARLOW 218 55 52
CASHEL 133 20 17
CASTLEBAR 114 21 20
CLIFDEN 16 4 4
CLONMEL 99 24 15
CLONAKILTY 51 16 13
CORK CITY 943 337 273
CARRICK ON SHANNON 73 9 8
CARRICKMACROSS 115 4 4
CARNDONAGH 26 4 3
CARRICK ON SUIR 39 13 9
CASTLEREA 23 7 7
AN DAINGEAN 5 4 4
DUNGARVAN 83 12 11
DONEGAL 21 6 2
DROGHEDA 223 15 13
DOIRE AN FHEICH 24 7 4
DUNDALK 220 16 14
AN CLOCHAN LIATH 23 3 2
AN FAL CARRACH 18 1
GALWAY 410 114 71
NA GLEANNTA 12 6 2
GORT 57 13 12
GOREY 227 42 32
KILLALOE 39 10 9
KILCOCK 112 30 28
KILLORGLIN 7 1 1
KILRUSH 58 17 17
LETTERKENNY 215 50 23
LISMORE 17 4 4
LISTOWEL 84 30 27
LONGFORD 207 47 39
LOUGHREA 85 21 19
MALLOW 243 36 23
MIDLETON 182 27 11
MULLINGAR 219 43 33
NAAS 536 83 80
NENAGH 158 11 11
PORTLAOISE 535 91 88
SKIBBEREEN 19 4 3
SLIGO 128 14 11
STROKESTOWN 21 5 3
THURLES 137 21 19
TIPPERARY 76 10 9
TRALEE 191 54 41
TUAM 112 30 26
TUBBERCURRY 48 6 5
TULLAMORE 307 68 65
VIRGINIA 167 14 14
WICKLOW 141 23 23
WESTPORT 13 5 5
WATERFORD CITY 390 18 16
Total 17,612 3,633 3,212

Jan – Dec 2019

Court Area No. of Persons before the court No. of Persons convicted No. of Persons where fines were imposed
ACAILL 4 4 4
ARKLOW 87 15 15
ATHLONE 130 29 25
BALLINASLOE 104 23 13
BANTRY 43 6 3
BRAY 264 44 43
CAVAN 200 4 4
DUBLIN METROPOLITAN DISTRICT 5,819 1,138 1,068
ENNIS 296 39 37
FERMOY 156 28 18
KENMARE 9 3 3
KILKENNY 263 68 55
KILLARNEY 77 29 16
LIMERICK 940 284 280
MACROOM 94 15 5
MANORHAMILTON 15 1 1
MEATH 580 98 94
MONAGHAN 104 7 4
NEWCASTLE WEST 226 62 61
ROSCOMMON 75 15 11
TRIM 1
WEXFORD 328 46 43
YOUGHAL 42 15 6
ARDEE 84 8 7
ATHY 88 17 13
BALLINA 54 11 11
BANDON 81 28 13
BEAL AN MHUIRTHEAD 9 2 2
BALLAGHADERREEN 27 8 5
BALLINAMORE 1
BALLYSHANNON 44 4 4
BUNCRANA 34 2 1
CAHIRCIVEEN 14 4 3
CARLOW 189 57 49
CASHEL 179 36 27
CASTLEBAR 166 41 40
CLIFDEN 13 2 1
CLONMEL 103 25 16
CLONAKILTY 48 14 5
CORK CITY 1,038 401 327
CARRICK ON SHANNON 96 11 10
CARRICKMACROSS 129 4 4
CARNDONAGH 34 1
CARRICK ON SUIR 35 8 6
CASTLEREA 32 10 10
AN DAINGEAN 20 4 4
DUNGARVAN 81 9 4
DONEGAL 19 1 1
DROGHEDA 295 27 25
DOIRE AN FHEICH 24 9 7
DUNDALK 300 29 27
AN CLOCHAN LIATH 24 2 1
EDENDERRY 1
AN FAL CARRACH 8 3
GALWAY 288 77 53
NA GLEANNTA 6 1
GORT 74 28 28
GOREY 286 29 27
KILLALOE 33 7 7
KILCOCK 96 14 12
KILLORGLIN 8 3 3
KILRUSH 36 5 4
LETTERKENNY 185 24 9
LISMORE 22 4
LISTOWEL 57 11 9
LONGFORD 261 57 51
LOUGHREA 111 27 25
MALLOW 233 45 14
MIDLETON 212 38 16
MULLINGAR 217 39 28
NAAS 785 124 112
NENAGH 146 15 15
PORTLAOISE 510 85 82
SKIBBEREEN 12 4 2
SLIGO 139 11 11
STROKESTOWN 24 4 3
THURLES 139 13 12
TIPPERARY 88 8 8
TRALEE 218 65 52
TUAM 99 23 13
TUBBERCURRY 39 3 3
TULLAMORE 328 53 49
VIRGINIA 143 5 5
WICKLOW 148 16 16
WESTPORT 17 5 5
WATERFORD CITY 477 26 23
Total 18,564 3,620 3,129

Jan – 31 July 2020

Court Area No. of Persons before the court No. of Persons convicted No. of Persons where fines were imposed
ACAILL 1
ARKLOW 49 8 8
ATHLONE 76 8 8
BALLINASLOE 49 20 17
BANTRY 16
BRAY 119 12 12
CAVAN 77 3 1
DUBLIN METROPOLITAN DISTRICT 1,919 233 211
ENNIS 165 32 32
FERMOY 53 1 1
KENMARE 3
KILKENNY 123 26 25
KILLARNEY 32 10 5
LIMERICK 489 116 116
MACROOM 33 3 2
MANORHAMILTON 4
MEATH 253 35 34
MONAGHAN 28
NEWCASTLE WEST 93 26 26
ROSCOMMON 47 14 14
WEXFORD 171 15 10
YOUGHAL 14 3 1
ARDEE 26 1 1
ATHY 38 2 2
BALLINA 29 2 2
BANDON 28 4 1
BEAL AN MHUIRTHEAD 1
BALLAGHADERREEN 9 1 1
BALLYSHANNON 13
BUNCRANA 21 1
CAHIRCIVEEN 9 1
CARLOW 128 26 25
CASHEL 103 15 15
CASTLEBAR 76 23 23
CLIFDEN 11 3 3
CLONMEL 60 12 4
CLONAKILTY 20 2 1
CORK CITY 518 179 146
CARRICK ON SHANNON 20 1 1
CARRICKMACROSS 75
CARNDONAGH 20 2 2
CARRICK ON SUIR 22 5 4
CASTLEREA 16 4 3
AN DAINGEAN 6 2 2
DUNGARVAN 35 1 1
DONEGAL 10
DROGHEDA 93 5 5
DOIRE AN FHEICH 21 8 6
DUNDALK 93 7 6
AN CLOCHAN LIATH 7 2 2
AN FAL CARRACH 4 19
GALWAY 132 30
NA GLEANNTA 6 1
GORT 46 9 9
GOREY 122 12 11
KILLALOE 8 2 2
KILLORGLIN 3
KILRUSH 10 4 4
LETTERKENNY 121 14 5
LISMORE 5
LISTOWEL 36 6 4
LONGFORD 137 34 28
LOUGHREA 61 21 16
MALLOW 79 7 7
MIDLETON 80 7 3
MULLINGAR 89 14 11
NAAS 372 29 22
NENAGH 76 4 4
PORTLAOISE 225 30 29
SKIBBEREEN 9 4
SLIGO 69 3 3
STROKESTOWN 5 3 3
THURLES 55 3 3
TIPPERARY 37 1 1
TRALEE 113 29 15
TUAM 48 18 14
TUBBERCURRY 26
TULLAMORE 135 11 10
VIRGINIA 34 3 3
WICKLOW 85 8 8
WATERFORD CITY 201 6 5
Total 7,751 1,187 1,018

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

643. To ask the Tánaiste and Minister for Justice and Equality the number of drivers who were summarily convicted of the offence of driving without a driving licence in 2018, 2019 and up to 31 July 2020 who were, at the time they committed the offence, disqualified; and the penalties imposed on those drivers under section 38(5) of the Road Traffic Act 1961, as amended by section 12 of the Road Traffic Act 2006. [7032/21]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Deputy will appreciate that road traffic legislation falls within the remit of my colleague, the Minister for Transport.

I am informed by An Garda Síochána that section 38 of the Road Traffic Act 1961, as amended by section 12 of the Road Traffic Act 2006, creates the offence of ‘Driving without a Driving Licence’. The penalty for this offence is, upon summary conviction, a fine not exceeding €1,000, and in any other case, a fine not exceeding €2,000.

I am further informed that section 38 (5) of the Road Traffic Act 1961, as amended by Section 12 of the Road Traffic Act 2006, provides an increased penalty in respect of a person who is summarily convicted of the offence of Driving without a Driving Licence and was, at the time he or she committed the offence, disqualified for holding a driving licence, namely a fine not exceeding €5,000, or imprisonment for a term not exceeding 6 months or both.

The following table, provided by An Garda Síochána, shows the number of proceedings taken in relation to driving without a driving licence 2018-2020. 2020 figures are for the period from January – July 2020.

Year 2018 2019 2020 (Jan – July)
Driving without a Driving licence 22,527 20,557 10,515

* All figures provided are provisional, operational and subject to change.

Please note that we have been advised by An Garda Síochána that these statistics are not compiled in such a way as to identify specific number of arrests for driving while disqualified under section 6(b) and (c) of the Road Traffic Act, as this would necessitate an extensive manual trawl of all relevant incidents recorded on PULSE to collate same, which would require a disproportionate expenditure of Garda time and resources.

Further to the statistics provided by An Garda Síochána, the Courts Service have provided the below tables. Please note that the Court Service have advised that they can only provide data in relation to where offence codes provided on the system were used by prosecutors. Prosecutors may have used uncoded free text offences and any such offences would not be included in the data provided.

Number of drivers before the courts by way of summons or charge sheet for driving without a licence for 2018, 2019 and Jan – July 2020:

Year No of Persons before the Courts
Jan – Dec 2018 16,851
Jan – Dec 2019 17,726
Jan – July 2020 7,531

Report on the number of orders & number of persons per order for the years 2018; 2019 & Jan – July 2020

Jan – Dec 2018 Jan-Dec 2018 Jan – Dec 2019 Jan-Dec 2019 Jan – 31 July 2020 Jan-31 July 2020
Court Orders No of Orders No of Persons No of Orders No of Persons No of Orders No of Persons
Community Service Order 66 64 76 68 21 19
Dismiss 184 176 253 242 122 120
Dismiss Probation Act 44 44 53 52 9 9
Disqualification 480 411 535 445 216 176
Fine 3,440 3,166 3,428 3,100 1,094 1,016
Imprisonment 234 171 312 244 123 86
Imprisonment - Part Suspended 1 1 1 1 1 1
Imprisonment - Suspended 180 177 194 187 63 56
No Order 89 83 115 95 41 39
Other 3 3 12 6 2 2
Peace Bond 3 3 2 2 3 3
Poor Box 6 6 11 11 3 3
Probation Order 52 34 45 37 8 8
Sent forward for Trial 3 3 1 1
Strike Out 6,813 6,386 6,449 6,041 2,122 2,032
Strike Out - Not Served 4,680 3,865 4,986 4,184 2,728 2,485
Taken Into Consideration 3,623 2,826 3,903 2,990 1,451 1,144
Withdrawn 1,621 1,545 2,365 2,265 924 897
Total 21,519 18,961 22,743 19,973 8,932 8,097

Please note that a person may have received more than one order and will appear on the above report twice and an offence may have more than one penalty imposed and as such will also appear twice on the report.

Section 38(5) of the Road Traffic Act 1961 only provides for summary conviction of the offences mentioned by the Deputy.

Comments

No comments

Log in or join to post a public comment.