The requirement for a disqualified driver to surrender his or her licence is set out in the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006). Failure to comply with the requirement to surrender the licence is an offence in itself. As Deputy Broughan is aware, enforcement of the law is a matter for An Garda Siochána.
Drivers who are disqualified are required to return their licences to the Road Safety Authority, however, very few do. This is completely unacceptable, but it is not correct to give it the importance sometimes attached to it. The real problem is not disqualified drivers failing to return their licences, it is disqualified drivers who continue to drive.
I do not believe that the non-return of licences, unacceptable and illegal though it is, is the central issue. The number of disqualified drivers not returning their licences is not a proxy for the number of people who drive while disqualified. As I've said some people will return their licences and still drive, others will not return their licences but not drive. What we need is strong enforcement of the law against people driving while disqualified. In this context, the crucial legislative step was taken in the Road Traffic Act 2014, which empowered An Garda Síochána to arrest a person where they have reason to believe that the person is driving while disqualified.
The penalty for driving while disqualified is fine up to a maximum of €5,000 and or a prison term of up to 6 months. The penalty for non-return of a driving licence is the general penalty under the Road Traffic Acts, namely a fine of up to €1,000 for a first offence, up to €2,000 for a second offence, and up to €2,000 and/or up to 3 months in prison for a third or subsequent offence in a 12 month period.
The Driver and Vehicle Computer Services Division (DVCSD) of my Department manages the computer records of all vehicles and drivers in the State, referred to collectively as the National Vehicle and Driver File (NVDF). This data is the definitive record in the context of motor tax collection, the issuance of driving licences, as well as enforcement initiatives and legal outcomes associated with these functions including the application of penalty points.
I am aware that Garda authorities are working to improve communication so that detail of specific drivers who are disqualified are readily available to the Garda on the ground and I understand that an initiative to that effect will be rolled out shortly. In addition the Garda Modernisation and Renewal Programme 2016-2021 sets out a pathway so that each Garda has the technical tools that will give them direct access to all the information they need as they interact with the public on the ground.
