Road Traffic Act 1961

Provisional licence.

35

F98[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 F99[],

(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 Síochána 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 F99[] 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:

F98

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

F99

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

F100

Deleted by Road Traffic and Roads Act 2023 (16/2023), s. 5(h)(i)(I), (ii)(I), (IV), not commenced as of date of revision.

F101

Substituted by Road Traffic Act 2024 (10/2024), s. 21(d), not commenced as of date of revision.

F102

Substituted by Road Traffic and Roads Act 2023 (16/2023), s. 5(h)(i)(II), (ii)(III), not commenced as of date of revision.

F103

Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 5(h)(i)(II), (iii), not commenced as of date of revision.

Modifications (not altering text):

C49

Prospective affecting provision: subs. (2)(d) amended by Road Traffic Act 2024 (10/2024), s. 21(d), not commenced as of date of revision.

F103[(d) accompanied by evidence, in accordance with F101[regulations made under section 42(2)(ca)], that the person has a legal right to reside in the State.]

C50

Prospective affecting provision: subss. (2), (6) amended and subss. (7)-(11) inserted by Road Traffic and Roads Act 2023 (16/2023), s. 5(h), not commenced as of date of revision.

(2) An application for a learner permit shall be—

(a) made to the licensing authority F99[],

(b) in accordance with the regulations under section 42, F100[]

F102[(c) accompanied by—

(i) the appropriate fee, and

(ii) any photograph of the applicant, certificate of fitness or medical report,

required under regulations under this Act, and]

F103[(d) accompanied by evidence, in accordance with regulations made under section 42(2)(cc), that the person has a legal right to reside in the State.]

...

(6) Sections F100[] 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 F99[] 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 F102[section 35, and]

(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 F102[section 35.]

(c) F100[]

F103[(7) In addition to the matters specified in subsection (2), an application for a learner permit shall contain the applicant’s personal public service number allocated and issued to him or her under section 262 (2) of the Social Welfare Consolidation Act 2005.

(8) Details of an applicant’s personal public service number referred to in subsection (7) may be entered in licence records.

(9) A person to whom this subsection applies may inspect and examine licence records and may take, or be supplied by the Minister or the licensing authority, as may be appropriate, with—

(a) such information from the records, and

(b) such copies of licence records or of such extracts from such records, as the person may reasonably require.

(10) Subsection (9) applies to—

(a) persons or categories of person with the approval of the Minister in fulfilling obligations under European Union and other international enactments and agreements for the exchange of driver and vehicle information, and

(b) such other categories of person and the purpose for such access as may be prescribed.

(11) In this section, "licence records" means records maintained under section 60 of the Finance Act 1993.]

Editorial Notes:

E371

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.

E372

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.