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Driving with a provisional...

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  • 21-02-2004 2:39pm
    #1
    Closed Accounts Posts: 389 ✭✭


    Officially, a driver holding a provisional license must be accompanied by a fully licensed driver blah blah blah, or so I'm led to believe. But in practical terms, a driver with a prov license can get insurance, and police don't seem to care.

    So which insurance companies will cover a provisionally licensed driver, and what is the legal situation in these circumstances?


Comments

  • Closed Accounts Posts: 428 ✭✭skipn_easy


    I always thought that the insurance would be void if the insured provisional license holder was not accompanied by a full license holder. As in provisional driver is not following the conditions of the policy. But I'm not sure if thats correct legally...


  • Closed Accounts Posts: 2,150 ✭✭✭Johnmb


    The third party part will still be valid (although the Insurance company may take a civil action to regain the money). Nothing will be paid out for damage to the provisional drivers car/person/etc. as he/she was driving illegally (assuming it was not a 2nd provisional licence). Also, while the Gardaí generally don't bother enforcing it, it is at the individual Garda's whims. If he/she presses charges, you will be done as you were breaking the law.


  • Registered Users Posts: 199 ✭✭TommyK


    If you're driving alone on a first or third Provisional licence and have an accident, don't be surprised when your insurer tells you to take a hike if you make a claim!

    And don't expect a hassle-free experience when you try to get insurance in the future either!

    Technically, the Provisional licence is NOT a driving licence. It's a licence allowing you to drive on public roads for the purpose of learning to drive ONLY. If you read the front of the licence, you'll see it says something along the lines of "This is a Provisional licence issued to allow the holder to learn to drive and is not valid outside Ireland" (or something like that). The only reason the Gardai don't enforce that law to the full is because of the current situation with the driving test waiting lists.

    When those lists are cleared, expect the Gardai to clamp down *hard* on unaccompanied Provisional drivers!

    Tommy.


  • Registered Users Posts: 3,610 ✭✭✭Lord Nikon


    What about a 4th provisional??


  • Closed Accounts Posts: 389 ✭✭Flashman


    The only reason the Gardai don't enforce that law to the full is because of the current situation with the driving test waiting lists.

    I doubt if that is the case at all. It's not likely they take into consideration the difficulties of getting a full lisence when they pull over a provisional driver.
    More likely they're not bothered, and are happy enough just to give a warning.

    There are companies which will insure a provisional driver, but I'm not sure about what other conditions apply like 3rd party only as johnmb says.


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  • Registered Users Posts: 961 ✭✭✭AthAnRi


    What about a 4th provisional??

    A 4th provisional is effectively a second provisional. So the smae rules apply. You do not need to be accompanied when driving.


  • Closed Accounts Posts: 2,150 ✭✭✭Johnmb


    Originally posted by AthAnRi
    A 4th provisional is effectively a second provisional. So the smae rules apply. You do not need to be accompanied when driving.
    No it's not. All provisional licences from third onwards are effectively the same, i.e. you need to be accompanied. The law is quite specific and singles out the second provisional as an exception.
    As for the insurance companies only covering third party in the event of an accident involving someone driving illegally, they announced that last year. It was mainly in response to drink-driving, but they applied it to all illegal driving.


  • Registered Users Posts: 3,775 ✭✭✭Nuttzz


    If you're driving alone on a first or third Provisional licence and have an accident, don't be surprised when your insurer tells you to take a hike if you make a claim!

    bull

    attitudes to the provo are lax because it takes so long to get a test, if it takes nearly a year to get a test it means your halfway through any one licence.


  • Closed Accounts Posts: 2,150 ✭✭✭Johnmb


    Originally posted by Nuttzz
    bull

    attitudes to the provo are lax because it takes so long to get a test, if it takes nearly a year to get a test it means your halfway through any one licence.
    So then there should be no reason for anyone on a third or subsequent provisional licence not to have done a test, afterall, they will have had at least four years to have done a test. If they didn't do a test within that time, they have no right to complain about not being allowed to drive unaccompanied as it is their own fault for not doing a test. If they did a test and failed, then they shouldn't be driving unaccompanied at all, as they clearly aren't good enough. The test is not that hard.


  • Registered Users Posts: 3,775 ✭✭✭Nuttzz


    i'm not defending it, its reality, you didnt have to drive with your licence on you til recently.

    I have seen this cycle, get provo, wait 18 months before test, fail,
    get second, wait another 18 months before doing test, fail,
    get third provo, (p'd off with system) waits 12 months for test, fails.

    driving 6 years, 6 years NCB, never in any sort of incident, still on a provo. dont tell me you dont know people like this (example above is my sister). Is she a bad driver or just panicked by the test?


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  • Registered Users Posts: 199 ✭✭TommyK


    Originally posted by Nuttzz
    bull

    attitudes to the provo are lax because it takes so long to get a test, if it takes nearly a year to get a test it means your halfway through any one licence.

    Easy to say.

    Just try making a claim under those circumastances.

    You'll find out its not bull pretty quickly.


  • Registered Users Posts: 199 ✭✭TommyK


    Originally posted by Flashman
    I doubt if that is the case at all. It's not likely they take into consideration the difficulties of getting a full lisence when they pull over a provisional driver.
    More likely they're not bothered, and are happy enough just to give a warning.

    Actually, its very likely. And very true.

    Although the other 2 reasons you mntion do come into play as well.


  • Registered Users Posts: 3,775 ✭✭✭Nuttzz


    Originally posted by TommyK
    Easy to say.

    Just try making a claim under those circumastances.

    You'll find out its not bull pretty quickly.

    will never apply to me, unless I let my full one run out................

    your telling me insurance companies dont/wont payout? Bull, unless your speaking from experience............


  • Closed Accounts Posts: 2,150 ✭✭✭Johnmb


    Originally posted by Nuttzz
    i'm not defending it, its reality, you didnt have to drive with your licence on you til recently.

    I have seen this cycle, get provo, wait 18 months before test, fail,
    get second, wait another 18 months before doing test, fail,
    get third provo, (p'd off with system) waits 12 months for test, fails.

    driving 6 years, 6 years NCB, never in any sort of incident, still on a provo. dont tell me you dont know people like this (example above is my sister). Is she a bad driver or just panicked by the test?
    If she is that panicked just by a test, she shouldn't be driving unaccompanied. What happens when something pops up that actually justifies panick?


  • Registered Users Posts: 20,299 ✭✭✭✭MadsL


    Unbelieveable. /me shakes head...


  • Closed Accounts Posts: 189 ✭✭raster


    Originally posted by AthAnRi
    A 4th provisional is effectively a second provisional. So the smae rules apply. You do not need to be accompanied when driving.

    How long does a 1st and 2nd provo licence last for?


  • Closed Accounts Posts: 14,483 ✭✭✭✭daveirl


    This post has been deleted.


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Originally posted by raster
    How long does a 1st and 2nd provo licence last for?
    Let's clear this up for everyone (I made a thread on boards's quick and dirty to driving licences, I'll get it back...).
    The only people who can drive unaccompanied are those in classes A, A1, W, M and people on their second provisional licence only in class B.

    All others must be accompanied at all times without exception.

    After your second provisional, you can get a temporary one-year provisional, provided you have a letter saying you have a driving test date (although with the long queues atm, they're just giving you the licence if you have the letter which says your application has been received).
    You can get a two-year provisional after your second, only if you have the red cert proving that you underwent (and failed) a test in the last two years.


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