Road Traffic Act 1961

Provisional licence.

35

F77 [ 35. (1) A person who wants to learn to drive a mechanically propelled vehicle of any category in order to pass a test for a certificate of competency may, except in such cases as may be prescribed, apply for a permit ( learner permit ) licensing him or her provisionally to drive a mechanically propelled vehicle of that category in a public place.

(2) An application for a learner permit shall be

( a ) made to the licensing authority F78 [ ] ,

( b ) in accordance with the regulations under section 42 , and

( c ) accompanied by the appropriate fee.

(3) Where an application under subsection (2) is duly made, a learner permit shall be granted to the applicant by the licensing authority.

(4) A learner permit has effect in accordance with its terms and conditions.

(5) In a prosecution for an offence under

( a ) section 38(2) , it is a defence for the defendant to show that, at the time he or she drove the vehicle, he or she held a learner permit then having effect and permitting him or her to drive the vehicle,

( b ) section 38(4) , it is a defence for the defendant to show that the person employed to drive the vehicle held, at the time he or she drove the vehicle, a learner permit then having effect and permitting him or her to drive the vehicle,

( c ) section 40 , it is a defence for the defendant to show that, in lieu of producing a driving licence in accordance with that section, he or she produced a learner permit having effect at the material time and permitting him or her to drive the vehicle and that he or she permitted the member of the Garda S í och á na to whom it was produced to read it.

(6) Sections 22(2) , (4) and (5) , 26 , 27 , 28(1) , (3) , (4) and (5) , 29 , 30 , 31 , 32 , 34 , 36 , 37 , 39 , 40 and 41 apply to learner permits as they apply to driving licences, except that where

( a ) a person has been disqualified under section 26 or 27 for holding a driving licence during a specified period and thereafter until he or she has produced to the F78 [ ] licensing authority a certificate of competency, the person may, at the end of the specified period, apply for and be granted a learner permit in accordance with section 35 ,

( b ) a person has been disqualified under section 28(2) for holding a driving licence, he or she may apply for and be granted a learner permit in accordance with section 35 , and

( c ) a holder of a learner permit in respect of a vehicle of any category for a period has been granted a certificate of competency in respect of such category he or she shall not, by virtue of the application of section 22(5) , be disqualified for applying for a driving licence in respect of vehicles of that category for any period which or part of which is within that period. ]

Annotations

Amendments:

F77

Substituted (30.10.2007) by Road Traffic Act 2006 (23/2006), s. 11(1), S.I. No. 718 of 2007.

F78

Deleted (12.01.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 50(h), S.I. No. 5 of 2013.

Editorial Notes:

E340

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. 35. These statutory instruments are not separately listed under this section.

E341

Previous affecting provision: subs. (3) amended (2.12.1994) by Road Traffic Act 1994 (7/1994), s. 29(2), S.I. No. 350 of 1994; amended section substituted as per F-note above.