Road Traffic Act 1961

Disqualifications related to age.

31

31.—(1) A person who has not attained the age of sixteen years shall be disqualified for holding any driving licence whatsoever during the period expiring on his attaining that age.

(2) The Minister may make regulations specifying an age, being the age of seventeen years or more, as the age below which a person shall be disqualified for holding a driving licence for a specified class of mechanically propelled vehicles.

(3) A person who has not attained an age specified in regulations under subsection (2) of this section shall be disqualified for holding a driving licence, for mechanically propelled vehicles of the class in relation to which the regulations specify that age, during the period expiring on his attaining that age.

Annotations

Modifications (not altering text):

C38

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:

E343

A number of statutory instruments made pursuant to s. 42 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 42 notes that the statutory instrument is also made pursuant to s. 31. These statutory instruments are not separately listed under this section.

E344

Power pursuant to section exercised (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011 (S.I. No. 483 of 2011).

E345

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.

E346

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.

E347

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.

E348

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.

E349

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.