Provisional Driver Vs Garda checkpoint

jimmycrackcorm

I'm always perplexed at peoples attitudes to provisional drivers. How many test failures are over minor points? If so many of the fatalities on our roads are down to speeding and drink-driving then how does a driving test solve these?

A case in point hilighted in the media last year was the death of ayoung driver who had only passed his test a few days previously.

dermot_sheehan

Bond-007 wrote:

AFAIK it was a district court ruling which is not binding and has yet to be appealed to the circuit court. Until the High Court rules in relation to this there is no definite law on the matter just the opinion of one district court judge which may be overturned shortly by a higher court.

Yes it was only District Court and I don't think it is being appealed.

But looking at the road traffic acts however it appears the judge was correct. Driving in violation of a condition on a provisional licence isn't covered by a penal regulation (enacted by the minister under I think s. 109 of the RTA 1961), it's rather a condition precedent as to whether or not a provisional licence document has the effect of licensing your driving.

dermot_sheehan

jimmycrackcorm wrote:

I'm always perplexed at peoples attitudes to provisional drivers. How many test failures are over minor points? If so many of the fatalities on our roads are down to speeding and drink-driving then how does a driving test solve these?

A case in point hilighted in the media last year was the death of ayoung driver who had only passed his test a few days previously.

If you can't drive for 30mins in a test you've been waiting a year for which gives you some leeway as to minor faults (i.e. you can rack up so many blue faults without failing), it is indicative of your driving standard in general.

Many of the fatalities are due to speeding and drink driving. They have speeding and drink driving in other countries however without the same fatality rate as ours. I don't know of any other country that has 10%+ of its driving population on the road having never passed a practical driving test and I don't think honestly it's a tolerable situation.

The fact that people drink and drive and speed does not excuse people driving whilst unqualified.

jesus_thats_gre

hobotron wrote:

she seemed a little peeved I didn't know what she meant.

Sorry but there is your problem there.. Good old banners.

hobotron

Gabhain7, i was failed on Mirrors, Observation and Progress. I think the tester assumed that because I was not overtly and painfully obviously showing I was using mirrors, it meant I was skiving. I'd be happy to comply with the rules, if it didn't take a year's wait between tests.

Either way, any idea on what will likely happen? Will the DPP bother with my case? Whats the percentage of garda who turn up at summons for provisional licence drivers? Realistically, what's the likely result of this?

mloc123

If it goes to court and thats a big if I'd say the judge will throw it out for being a waste of time.

event

ooh, tough one and worrying

on my first day driving, was stopped at a checkpoint, was bricking it

Stark

I reckon the garda in question was trying to give you a good scare by saying it would go to court. I'd say sit back, relax, it'll probably never come. If it does, then you can deal with it then. No point worrying yourself now though.

opus

Stark wrote:

Well they don't have to show up for the test, just provide evidence of having applied for it. Although that would mean renewing their licence every year which sounds like a load of hassle.

Do you know if they do show up for the test every 2 years and fail it? I guess they're probably not willing to let go of bad habits. Old dogs and all that.

Whenever I explain the Irish system to people from abroad, they just don't believe me! First question is always "so you can fail your test & then drive away from the test centre & continue driving????"

Stark

Sure the test result is decided by a toss of a coin anyway

hellboy99

Stark wrote:

Sure the test result is decided by a toss of a coin anyway

thats very true and also depends what sort of mood the tester is in, they have to fail "x" amount is what i've been told.