Dáil Éireann Debate, Tuesday - 2 December 2014
586. Deputy John McGuinness asked the Minister for Transport, Tourism and Sport the records that are kept by the Road Safety Authority on disqualified drivers who failed to surrender their licences; if he will consider making the failure to surrender a licence an offence; and if he will make a statement on the matter. [46088/14]
View answerThere are two sets of circumstance in which a driver can be disqualified from driving on our roads - firstly, a driver who accumulates 12 penalty point, or seven penalty points in the case of learner permit holders or novice drivers, and secondly, when disqualified by the Courts. In each case, the driver is required to surrender his or her licence.
A person who appears in court for an alleged offence under the Road Traffic Acts is required to produce their driving licence or learner permit, and a copy of it, in court. Failure to do so is an offence. Where a case results in the individual being disqualified, the licence can therefore be retained by the court at the end of the process. The implementation of the provisions is a matter for the Courts Service.
Where the licence was not produced in court, or where the disqualification was due to penalty points, the driver is required to surrender it subsequently. Where a person reaches the penalty point threshold, a notification issues to the person informing them that they must surrender their driving licence to the National Driver Licensing Service (NDLS). In addition to this notification, a notice is issued to the licensing authority and An Garda Síochána informing them of each individual penalty point disqualification to ensure that they are aware of the disqualification as well as the driver.
It is an offence to drive while disqualified, whether or not the licence has been surrendered. Once the driver is disqualified, the licence is no longer valid. In addition, Gardaí have the power to demand production of a driving licence and, may seize such licence where the member has reasonable grounds for believing that the individual has been disqualified. I will, however, ensure that the matter of disqualified drivers surrendering licences is considered in the context of the Criminal Justice Working Group deliberations of the Fixed Charge Processing System, with a view to ensuring that the most effective arrangements are in place for the surrender of all licences.
In regard to the figures of cases where people disqualified did not surrender licences, this is a matter for the Road Safety Authority (RSA). I have therefore forwarded these aspects of the questions to the Authority for direct reply. I would ask the Deputy to contact my office if a response has not been received within ten days.
