Road Traffic Act 2010

57

Matters relating to issue of Irish driving licences and learner permits.

57.— (1) The following sections are substituted for sections 21 to 23 of the Principal Act—

“Licensing Authority.

21.— In this Part ‘licensing authority’ means a county council or city council (within the meaning of the Local Government Act 2001).

Application for Irish driving licence.

22.— (1) Subject to this Part, a person may apply to a licensing authority for a licence (‘Irish driving licence’) to drive a mechanically propelled vehicle of a specified category.

(2) An application for an Irish driving licence—

(a) shall be made—

(i) to the licensing authority in whose functional area the applicant ordinarily resides, and

(ii) in accordance with the regulations made under section 42(2)(c),

(b) shall be accompanied by—

(i) any certificate of competency or fitness required under regulations under this Act, and

(ii) the fee payable on the taking out of such a licence,

and

(c) shall contain—

(i) a recent photograph of the applicant, and

(ii) 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.

(3) Details of an applicant’s personal public service number referred to in subsection (2)(c) may be entered in licence records.

(4) (a) 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 concerned, as may be appropriate, with—

(i) such information from the records, and

(ii) such copies of licence records or of such extracts from such records,

as the person may reasonably require.

(b) This subsection applies to—

(i) 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

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

(5) In this section ‘licence records’ means records maintained under section 60 (as amended by section 86 of the Finance Act 1994) of the Finance Act 1993.

Disqualification for applying for Irish driving licence or learner permit if disqualified for holding such.

22A.— (1) Where a person is disqualified by this Act for holding any driving licence or learner permit—

(a) whatsoever during a period, he or she shall be disqualified for applying for any Irish driving licence or learner permit whatsoever, or

(b) in respect of vehicles of a category during a period, he or she shall be disqualified for applying for an Irish driving licence or a learner permit in respect of vehicles of that category,

for that period or any period the whole or part of which is within that period.

(2) Where a person is disqualified for applying for any Irish driving licence or learner permit—

(a) whatsoever for a period, he or she shall not apply for any such licence or permit whatsoever for that period,

(b) in respect of a category of vehicle for a period, he or she shall not apply for such a licence or permit in respect of that category, for that period,

and, if he or she does so and obtains such a licence or permit on the application, it is void and of no effect.

Prohibition on applying for another Irish driving licence or learner permit in respect of a licence or permit already held in respect of vehicle.

22B.— Where a person has been granted an Irish driving licence or a learner permit in respect of vehicles of a category for a period, he or she is disqualified for applying for an Irish driving licence or a learner permit in respect of vehicles of that category for that period or any part of it.

Grant of Irish driving licence.

23.— (1) Where an application is duly made for an Irish driving licence, the licensing authority shall grant the licence unless it appears to them—

(a) that the applicant is disqualified for applying for the licence, or

(b) that, having regard to the particulars contained in the application, the applicant has not a satisfactory knowledge of the Rules of the Road.

(2) Subject to this Part and any regulations under it, an Irish driving licence shall be granted for a period of 12 months or such longer period as may be prescribed beginning on—

(a) in case the licence is granted during a period during which an Irish driving licence previously granted to the applicant remains unexpired — the day following the expiration of the driving licence previously granted, and

(b) in any other case — the day on which the licence is granted.”.

(2) Sections 24 and 25 of the Principal Act are repealed.

(3) Section 34(2)(b) of the Principal Act is amended by substituting “Irish driving licence” for “driving licence”.

Annotations

Modifications (not altering text):

C35

References to “county council” or “city council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9.—...

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

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