asked the Minister for the Environment the reason a person (details supplied) in Dublin 7 had an endorsement on his licence extended for a further two years and three months; the reason this person was not informed of the penalty for being late in renewing his licence; and if he will reconsider the position.
Written Answers. - Licence Endorsement.
132.
Section 37 of the Road Traffic Act, 1961 provides for the carry over of endorsements on a driving licence to subsequent driving licences. Under this provision a person whose licence has been endorsed must, before he can obtain a licence free from that endorsement, satisfy the licensing authority that he has held a driving licence either during a continuous period or not less than three years or a series of discontinuous periods amounting in the aggregate to not less than five years after the date of the original endorsement.
I understand from Dublin Corporation that the person referred to by the Deputy held a three year licence for the period 5 October, 1984 to 4th October, 1987 and was disqualified from holding a driving licence for a period of one year from 1 January 1985. However, on subsequent application to the Court, the disqualification was removed with effect from 4 July 1985. His driving licence, duly endorsed with particulars of the relevant conviction and disqualification, was required under the Road Traffic Acts, was then returned to him. The licence expired on 4 October 1987. The person concerned applied for and was granted a further three year licence on 7 October 1987. However, because of the gap between the expiry date of one licence and the granting of the next licence, the five year rule must apply. There is a general legal obligation on a person driving a mechanically propelled vehicle to hold a current driving licence. A person may apply for a licence up to one month before the expiry of his current licence.
This information is clearly set out in leaflet D.10A issued by my Department which is available at motor tax offices. In addition, most licensing authorities, including Dublin Corporation, issue reminder slips to licence holders well in advance of the date of expiry of driving licences.
As regards the endorsement rules, paragraph 6 of the leaflet D.10A specifically reminds persons whose licence has been endorsed not to have any gap between the date of expiry of one licence and the commencement of the next one.
I understand that it is also the corporation's normal practice to draw the attention of personal applicants to these legal provisions and to enclose an explanatory leaflet in the case of postal applications. The corporation cannot, however, confirm from their records if this was done in this particular case.
I cannot waive or vary the existing statutory provisions in a particular case.