LEARNER, NOVICE & PROFESSIONAL DRIVERS

What is meant by a novice driver?

This is a person on his or her first driving licence within the first two years of that permit

What is a professional driver?

This is defined in section 3, under the definition of a “specified person”, as :

• The holder of a licence to drive a vehicle of a particular category, i.e. category D, D1, EB, EC, EC1, ED, ED1 and W, while driving or attempting to drive or being in charge of that vehicle, or
• The holder of a licence to drive a small public service vehicle under section 34 of the Taxi Regulation Act or section 82 of the Road Traffic Act 1961, while driving or attempting to drive or being in charge of such a vehicle when the vehicle is being hired or plying for hire.

FIXED CHARGES & PENALTY POINTS

Are there legislative amendments to the penalty points system in the Bill?

The Bill provides for a number of amendments to improve the effectiveness of the penalty points system. The amendments in Section 41 will facilitate the endorsement of penalty points where a licence record does not exist and for foreign driving licence holders. The section also provides for the transfer of any penalty points accumulated from such a record to a pre-existing record, at the discretion of the Minister.

Section 26 of the Bill, relating to administrative fixed penalties for certain driving offences, is a new provision under which penalty points may be applied in certain cases. (See under Intoxicated Driving)

Minor amendments to existing penalty point provisions are at section 45 of the Bill, in relation to updating the references to certain existing penalty point offences

What changes are made to fixed charges?

In Part 3 the Bill amends fixed charge and penalty point provisions, to provide for the option of payment of a fixed charge on receipt of a summons for the offence; to set out certain presumptions in relation to the delivery of fixed charge notices; and to improve certain matters relating to the endorsement of penalty points on driver records.

DRIVING LICENCES

What changes are made to driving licenses?

The main changes are in sections 47 and 50. Section 47 amends existing provisions to ensure that penalty points and disqualifications can be applied to the holders on non-national driver licences. Section 50 gives the Garda Síochána powers to seize and make a copy of a driving licence or permit where the person is disqualified or where the licence may have been fraudulently obtained, forged or altered.

OTHER PROVISIONS OF THE BILL

Are there other provisions in the Bill?

The Bill provides for amended penalties for disqualifications and restates, with amendments, certain driving offences, including inconsiderate, careless and dangerous driving; driving a dangerously defective vehicle; and parking a vehicle in a dangerous position, in Part 7.

Disqualifications generally are the subject of Part 6, and miscellaneous amendments to Road Traffic legislation are in Part 8, in relation to :

1. Definitions,
2. Driving or being in charge of a substantially disabled vehicle,
3. Offence of exceeding speed limit,
4. Vehicle insurers to provide details of motor insurance policies,
5. Evidence in relation to speeding & other offences,
6. Cost of prosecutions,
7. Functions of Commissioner of Garda Siochana,
8. Increase in certain penalties,
9. Driving instructors,
10. Special speed limits,
11. Exemptions for emergency vehicles,
12. Supply of mechanically propelled vehicle to minor, and
13. Display of local authority permits.