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Driving Licences.

Dáil Éireann Debate, Tuesday - 7 December 2004

Tuesday, 7 December 2004

Questions (176)

Gerard Murphy

Question:

197 Mr. Murphy asked the Minister for Transport the legal position for drivers stopped by gardaí who have sent their driving licence to the licensing authority either for renewal or addition of extra categories. [32363/04]

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Written answers

Section 40 of the Road Traffic Act 1961 as inserted by section 25 of the Road Traffic Act 1994 and amended by the Road Traffic Act 2002 provides that a member of the Garda Síochána may demand of a person driving in a public place a mechanically propelled vehicle or accompanying, pursuant to regulations under the Road Traffic Act, the holder of a provisional licence while such holder is driving in a public place a mechanically propelled vehicle, the production to him or her of a driving licence then having effect and licensing said person to drive the vehicle, and if the person refuses or fails to produce the licence there and then, he or she shall be guilty of an offence.

The section also provides that where a person of whom the production of a driving licence is demanded refuses and fails to produce the licence there and then, a member of the Garda Síochána may require the person to produce within ten days after the date of the said requirement the licence in person to a member of the Garda Síochána at a Garda Síochána station to be named by the person at the time of the requirement and, if the person refuses or fails so to produce the licence, he or she shall be guilty of an offence.

The implementation of the legislation is a matter for the Garda Síochána.

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