Dáil Éireann Debate, Tuesday - 28 July 2020
763. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of persons sanctioned by An Garda Síochána for driving on a public road while their full driver licence was endorsed and-or they were subject to a driving ban in the past five years to date. [18111/20]
View answerI 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', namely, 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 Deputy will appreciate that road traffic legislation falls within the remit of my colleague, the Minister for Transport.
In relation to the offence of Driving without a Driving Licence whilst disqualified for holding a driving licence, I am advised by the Garda authorities that advices were received from the Office of the Director of Public Prosecutions (DPP) that there is no separate offence of 'Driving while disqualified'. The DPP indicated that section 38 creates an offence of Driving without a Driving Licence and section 38(5) provides a more severe penalty for Driving without a Driving Licence during the period of disqualification; however, the offence remains one of simply driving without a licence.
I am informed that additional powers were provided to An Garda Síochána, allowing the arrest of people who drive while disqualified under section 6(b) and (c) of the Road Traffic Act 2014, which came into effect from 22 June 2015.
The following table provided by An Garda Síochána sets out the number of proceedings taken in relation to driving without a driving licence from 2016-2019 and from January-June 2020. It should be noted that the statistics are not compiled in such a way as to identify the specific number of arrests for driving while disqualified under section 6(b) and (c) of the Road Traffic Act 2014, as this would necessitate a manual trawl of all relevant incidents recorded on PULSE to collate same, which would require a disproportionate expenditure of Garda time and resources.
|
Year |
2016 |
2017 |
2018 |
2019 |
Jan – June 2020 |
|
Driving without a Driving licence |
21,782 |
23,238 |
22,492 |
20,446 |
7,923 |
* All figures provided are provisional, operational and subject to change.
