Road Traffic Act 2016

40.

Disqualification pursuant to Agreement between State and United Kingdom

40. (1) Where by reason of the commission, after the entry into force of the Agreement, of a specified offence in the United Kingdom by a person whose normal residence on the date of the offence is the State or who is the holder of an Irish driving licence or a learner permit, a decision imposing a disqualification from driving on the person for any period is made in the United Kingdom and a competent authority of the United Kingdom notifies the licensing authority in writing in accordance with Article 3 of the Agreement of the disqualification and transmits to the licensing authority—

(a) the information and documents specified in paragraph 1 of Article 6 of the Agreement, and

(b) where appropriate, pursuant to the Agreement, the evidence referred to in paragraph 2 of that Article and the supplementary information referred to in paragraph 3 thereof,

the licensing authority shall make an application to the appropriate judge for the purposes of giving effect to the decision imposing disqualification from driving made in the United Kingdom in accordance with the Agreement.

(2) On application to the appropriate judge in that behalf by the licensing authority that has received a notification under subsection (1) and the other documents and, where appropriate pursuant to the Agreement, the evidence and information referred to in that subsection, the judge shall, on being satisfied as to the matters specified in that subsection and subject to the provisions of this section, make an order declaring the person to whom the notification relates to be disqualified for holding a licence for the period referred to in subsection (1) beginning on such day as may be specified in the order.

(3) (a) In proceedings under subsection (2) a certificate signed by an officer of the licensing authority authorised in that behalf by the chief executive of the licensing authority and stating that a document identified by and attached to the certificate—

(i) is the notification referred to in Article 3 of the Agreement of the driving disqualification concerned or a document referred to, or containing the information referred to, in Article 6 of the Agreement, and

(ii) was received by the licensing authority from a competent authority of the United Kingdom in accordance with Article 6 of the Agreement,

shall be admissible as evidence of, as the case may be, the notification, the document or the information so referred to.

(b) A document purporting to be a certificate under paragraph (a) shall be deemed to be such a certificate and to have been signed by the person purporting to have signed it and to have been so signed in accordance with an authorisation of the chief executive of the licensing authority until the contrary is shown.

(4) The period of disqualification for holding a licence to which a person is subjected pursuant to subsection (2) shall not—

(a) exceed the maximum period of disqualification for holding a licence which could be ordered by a court following conviction in the State for an offence consisting of the conduct to which the specified offence concerned relates,

(b) exceed the period of disqualification imposed in the United Kingdom, or

(c) extend in time beyond the date of the expiration of the disqualification in the United Kingdom.

(5) So much of a period of disqualification referred to in subsection (1) as has been served in the United Kingdom shall be deducted from any period of disqualification under subsection (2).

(6) An order shall not be made under subsection (2) if—

(a) the full period of the driving disqualification has been served in the United Kingdom,

(b) the person concerned has been disqualified under Part III of the Principal Act or the Road Traffic Act 2002 for holding a licence in respect of the conduct constituting the specified offence to which the application under subsection (2) relates and the period of the disqualification is current or has expired,

(c) the period of time between the commission of the specified offence concerned and the institution of the proceedings in respect of it that led to the disqualification referred to in subsection (1) was longer than the period within which proceedings in respect of the conduct would be required by law to be instituted in the State, or

(d) in the circumstances of the case and having considered any information and evidence referred to in Article 6 of the Agreement, the appropriate judge considers that the person concerned has not had an adequate opportunity to defend himself or herself in the proceedings.

(7) The appropriate judge may refuse to make an order under subsection (2) if—

(a) the conduct for which the driving disqualification referred to in subsection (1) was imposed—

(i) does not constitute an offence under the law of the State, or

(ii) does not constitute an offence under the law of the State for which disqualification for holding a licence may be ordered by a court,

or

(b) a period of less than 3 months of the driving disqualification referred to in subsection (1) remains unexpired on the date on which the order falls to be made or the driving disqualification is for a period of less than 3 months.

(8) When the appropriate judge makes or refuses to make an order under subsection (2), the Courts Service shall notify the licensing authority and the licensing authority shall cause the central authority of the United Kingdom to be notified thereof.

(9) Where, by reason of the commission, after the entry into force of the Agreement, of a specified offence in the State by a person whose normal residence on the date of the offence is the United Kingdom or who is the holder of a United Kingdom driving licence (including a provisional licence) a driving disqualification is imposed in the State on the person—

(a) the Courts Service shall—

(i) notify the licensing authority of the driving disqualification as soon as may be, and

(ii) comply with any request of the licensing authority for further details or information relating to the person, the offence, the driving disqualification or otherwise required for the purpose of the Agreement,

(b) upon receipt by the licensing authority of the notification under paragraph (a) the licensing authority shall, subject to paragraph (a), without delay notify the central authority of the United Kingdom of the driving disqualification, and

(c) the licensing authority shall—

(i) ensure that Article 6 of the Agreement is complied with in relation to the notification and may do, or cause to be done, all things necessary for that purpose, including certification and attestation of any document,

(ii) if necessary, request the Courts Service to provide such further details or information as the licensing authority considers necessary for the purposes of its functions under this subsection and the Agreement, and

(iii) without delay notify the central authority of the United Kingdom of any such details or information.

(10) The licensing authority is the competent authority of the State and the central authority of the State for the purposes of the Agreement.

(11) Judicial notice shall be taken of the Agreement.

(12) (a) In this section—

“Agreement” means the Agreement on the Mutual Recognition of Driving Disqualifications between the State and the United Kingdom done at Dublin on the 30 October 2015, the text of which is, for convenience of reference, set out in the Schedule;

“appropriate judge” means the judge of the District Court for the time being assigned to the District Court district—

(i) where the person the subject of the application concerned under subsection (2) ordinarily resides or carries on any profession, business or occupation, or

(ii) in which the address which appears on the Irish driving licence or learner permit held by the person the subject of the application concerned under subsection (2) is located;

“normal residence” has the meaning given to it by Article 12 of Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 1

“provisional licence” means a provisional licence issued in Great Britain or Northern Ireland;

“specified offence” means an offence arising from conduct referred to in the Annex to the Agreement;

“United Kingdom” means the United Kingdom of Great Britain and Northern Ireland.

(b) A word or expression that is used in this section and is also used in the Agreement has in this section, unless the context otherwise requires, the same meaning as it has in the Agreement.