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Definition of driving ban.

  • 26-03-2008 8:42pm
    #1
    Mark O'Neill
    Closed Accounts Posts: 3 ✭


    Hi,
    A friend of mine has been given a two year ban for drink driving.
    He has two licenses, one for his car and another (provisional) for his motorcycle.
    The question is;
    Can he continue to ride this bike legally?

    He's of the impression that because he hasn't had to hand in the bike license he can. I think otherwise but can't find a definitive answer.

    Many thanks for all answers.


Comments

  • #2
    dats_right
    Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    A drink driving conviction i.e. for an offence contrary to s.49, of the Road Traffic Act 1961 as amended results in what is known as a Consequential Disqualification Order. Such disqualification orders are governed by s.26 of the said Acts and provide at subsection 2: "A disqualification under this section shall disqualify the convicted person for holding any driving licence whatsoever during a specified period..."

    This is fairly clearcut and unambiguous. Your friend is disqualified from holding any driving licence and really should have surrendered the other licence also. The fact that he didn't in no way means that he is lawfully permitted to drive another class or other type of mechanically propelled vehicle for which a licence is required.


  • #3
    Mark O'Neill
    Closed Accounts Posts: 3 ✭Mark O'Neill


    Exactly what i was thinking. Many thanks for the reply.


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,495 ✭✭✭✭Victor


    Mark O'Neill wrote: »
    Can he continue to ride this bike legally?
    A pedal cycle, yes.


  • #5
    bryanmurr
    Registered Users Posts: 152 ✭✭bryanmurr


    he's not supposed to have 2 licenses anyway


  • #6
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    Victor wrote: »
    A pedal cycle, yes.

    :D


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  • #7
    cushtac
    Closed Accounts Posts: 1,253 ✭✭✭cushtac


    bryanmurr wrote: »
    he's not supposed to have 2 licenses anyway

    That can't be right, otherwise how could someone with a full licence in one category learn to drive a vehicle in another category without the appropriate provisional licence?


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