Road Traffic Offences

Dáil Éireann Debate, Wednesday - 15 July 2015

Wednesday, 15 July 2015

Questions (330)

Thomas P. Broughan

Question:

330. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport if it is an offence for a driver not to produce a driving licence when disqualified in court, in the same way that it is an offence to fail to produce a driving licence in court on conviction of a penalty point offence; if so, if he will report which section of the legislation covers this offence, and if the Courts Service has been provided with this direction; and if he will make a statement on the matter. [29400/15]

Written answers

Minister for Transport, Tourism and Sport

I would refer the Deputy to my response of 9 July 2015. Section 22(1) of the Road Traffic Act 2002 requires a person charged with an offence under the Road Traffic Acts to produce both their licence (or learner permit) and a copy of same when appearing in court which the court shall require and retain for the purposes of establishing and recording the driving licence or learner permit details to which it relates. Section 22 (1) of the Road Traffic Act 2002, as amended by section 63 of the Road Traffic Act 2010 was commenced on 28 October 2011.

However, the remainder of Section 22, that is subsection 2 and 3 have not been fully commenced to date. In particular, section 22(2) which makes it an offence to fail to produce a licence has been commenced by different orders in respect of certain penalty point offences only.

The Department has sought legal advice on how best to commence this section in full and I will make any necessary Order or Orders to commence the remainder of the section when the legal advice has been received.