Driver Test

Dáil Éireann Debate, Tuesday - 3 November 2020

Tuesday, 3 November 2020

Questions (348)

Mick Barry

Question:

348. Deputy Mick Barry asked the Minister for Transport if the RSA is asking driver test applicants who are booking a driver test during the level 5 Covid-19 restrictions if they are essential workers under those restrictions; if RSA testers or the RSA will be liable for a breach of the regulations if they carry out a driver test with a non-essential worker; if driver instructors will be deemed to have breached the regulations if they unknowingly bring a non-essential worker to a driver test; if the RSA has a policy on rebooking tests if a garda stops a person en route to a test and that person is then is unable to satisfy the garda that he or she is an essential worker and is requested to return home; and if he will make a statement on the matter. [33416/20]

Written answers

Minister for Transport

The procedures involved in driving tests already booked for dates in the Level 5 period by people who are not essential workers, and the procedures for booking a test for people who are essential workers, are operational matters for the RSA, as is the question of what would happen if a person were to be prevented by the Garda from attending a driving test even though they actually were an essential worker. I have therefore referred these aspects of the Question to the RSA for direct reply. I would ask the Deputy to contact my office if a response has not been received within ten days.

In relation to whether driving instructors or testers would be breaking the law if they unknowingly accompanied or a tested a person who is not an essential worker, this is a question of whether breach of the regulations is a strict liability offence. My understanding is that it is not a strict liability offence, and people are entitled to offer a defence in any cases arising that they were acting in good faith in the belief that the person in question was an essential worker. However, questions of law enforcement are a matter for the Gardaí. I have no role in law enforcement and it would be inappropriate for me to infringe on the independence of the Gardaí in exercising those powers.

A referred reply was forwarded to the Deputy under Standing Order 51