Road Traffic Legislation

Dáil Éireann Debate, Wednesday - 21 January 2015

Wednesday, 21 January 2015

Questions (240)

Thomas P. Broughan

Question:

240. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport further to Parliamentary Question of October 2014, relating to drivers who are disqualified in court, he states the following, where a case results in the individual being required to surrender their licence, the licence can therefore be retained by the court at the end of the process; if he will confirm this statement as this Deputy has been informed that the driver must be allowed a time to appeal the conviction before any request to surrender that licence can be made. [2944/15]

Written answers

Minister for Transport, Tourism and Sport

In response to the Deputy's Parliamentary Question in October 2014, I indicated that the Courts would retain the driving licence where an individual is disqualified and therefore required to surrender his or her licence. I provided this information in good faith and on the basis of long standing practice in the Courts. I have since had the matter re-examined and am informed that the response provided is not correct and that the procedure operated by the Court Service whereby a driving licence is retained in court following a disqualification no longer applies.

Under Statutory Instrument No. 6 of 2013, in cases where a person is disqualified from driving following court proceedings, the person who has been disqualified is required to forward the licence to the Road Safety Authority, as the National Driver Licensing Authority.  This must be done 6-10 days following the coming into operation of the disqualification order unless an appeal is lodged.