Road Traffic Act 1961
Removal of disqualification under consequential or ancillary disqualification order.
F85[29.—(1) This section applies to a person in respect of whom a disqualification order has been made, whether before or after the commencement of section 7 of the Road Traffic Act 2006, disqualifying the person for holding a licence during a period of more than 2 years, and which is the first such order made in respect of that person within a period of 10 years.
(2) A person to whom this section applies may, at any time following the completion of one-half of the period specified in the disqualification order, apply to the court which made the order, for the removal of the disqualification.
(3) In considering an application made under this section a court, without prejudice to its power to have regard to all of the matters that appear to the court to be relevant, may, in particular, have regard to the character of the applicant, his or her conduct after the conviction and the nature of the offence.
F86[(4) Where a court considers it to be appropriate the court may—
(a) confirm the period specified in the order of disqualification, or
(b) order the removal of the disqualification from a specified date that is such that the disqualification will have effect for a least two-thirds of the period specified in the order of disqualification, or a period of 2 years, whichever is the greater.]
(5) A person intending to make an application under this section shall give 14 days notice in writing to the Superintendent of the Garda Síochána for the district in which the person ordinarily resides.
(6) The court hearing an application under this section may order the applicant to pay the whole or any part of the costs.
(7) In this section "disqualification order" means a consequential or an ancillary disqualification order.]
Annotations
Amendments:
F85
Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 7, S.I. No. 86 of 2007.
F86
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 67(1), S.I. No. 255 of 2011.
Modifications (not altering text):
C36
Prospective affecting provision: reference to "the Superintendent of the Garda Síochána for the district" construed by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 10(a), (b)(i), not commenced as of date of revision.
Construction of references in certain enactments
10. (1) Subject to subsections (2) and (3), on or after the date on which this section comes into operation, a reference howsoever expressed in any enactment that is in operation on that date—
(a) to a Garda district or a Garda Síochána district, or to a sub-district of any such district, shall be construed as a reference to the equivalent division, and
(b) to—
(i) the superintendent of the Garda Síochána for the district,
(ii) the superintendent of the Garda Síochána of the district,
(iii) the superintendent in the Garda Síochána district,
(iv) the superintendent of the Garda Síochána within whose district, (v) the superintendent in charge of the Garda Síochána district, or
(vi) the superintendent of the district,
shall be construed as a reference to a superintendent of the Garda Síochána in the equivalent division.
...
C37
Application of section extended (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I No. 537 of 2006), reg. 16.
Application of certain provisions of Act to provisional licences.
16. Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence, except that —
(a) a consequential or ancillary disqualification order does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,
(b) the application of section 22(5) of the Act to provisional licences does not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency, and
(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of section 22(5) of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.
Editorial Notes:
E329
Procedure on removal of disqualification under subs. (1) provided (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 48, as substituted (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (S.I. No. 6 of 2013), reg. 3(q), in effect as per reg. 1(2).
E330
Previous affecting provision: application of section extended (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19; revoked and superseded (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 5(a), and reg. 16 as per above C-note.
E331
Previous affecting provision: application of section transitionally modified (25.05.1995) by Road Traffic Act 1995 (7/1995), s. 3, commenced on enactment. S. 3 only applied to offences committed on or after the 2.12.1994 and before the passing of the Road Traffic Act 1995.
E332
Previous affecting provision: subs. (1A) inserted (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 27, S.I. No. 350 of 1994. Section substituted as per above F-note.
E333
Previous affecting provision: application of section extended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(1), S.I. No. 350 of 1994; repealed (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(4), S.I. No. 718 of 2007.
E334
Previous affecting provision: application of section extended (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), art. 18; revoked and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 57 and sch. 8, and art. 19 as per above E-note.
E335
Previous affecting provision: application of section extended (1.10.1984) by European Communities (Licensing of Drivers) Regulations 1984 (S.I. No. 234 of 1984), reg. 5; revoked (15.11.1999) by European Communities (Licensing of Drivers) Regulations 1999 (S.I. No. 351 of 1999), reg. 3 and superseded (15.11.1999) by Road Traffic (Licensing of Drivers) Regulations 1999 (S.I. No. 352 of 1999), art. 19 as per above E-note.
E336
Previous affecting provision: subs. (1) substituted and subs. (8) inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 19, S.I. No. 169 of 1968. Section substituted as per above F-note.
E337
Previous affecting provision: application of section extended (18.03.1964) by Road Traffic (Licensing of Drivers) Regulations 1964 (S.I. No. 29 of 1964), reg. 18; revoked (13.11.1989) by Road Traffic (Licensing of Drivers) Regulations 1989 (S.I. No. 285 of 1989), reg. 60 and sch. 7.