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Can you only be asked at a check-point or can you be pulled over?

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  • 03-07-2008 1:43pm
    #1
    Lollipops23
    Registered Users Posts: 5,420 ✭✭✭


    Hey-have me a provisional licence, test coming up mid July.
    I drove to and from Dunshaughlin from Swords last night, bold i know!No check-points at all, but saw a squad car going the opposite direction at one point.
    Of course i got all flustered wondering if it would do a U-ey and come after me(paranoid I know!)but my OH told me that i could only be asked to produce my licence at a check-point, and i couldn't just be randomly pulled over on suspiscion of driving unnaccompanied(he was in the passenger seat and has no licence at all)
    So is this true?


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    #2
    Hanley
    Banned (with Prison Access) Posts: 21,981 ✭✭✭✭Hanley


    Lollipops23 wrote: »
    Hey-have me a provisional licence, test coming up mid July.
    I drove to and from Dunshaughlin from Swords last night, bold i know!No check-points at all, but saw a squad car going the opposite direction at one point.
    Of course i got all flustered wondering if it would do a U-ey and come after me(paranoid I know!)but my OH told me that i could only be asked to produce my licence at a check-point, and i couldn't just be randomly pulled over on suspiscion of driving unnaccompanied(he was in the passenger seat and has no licence at all)
    So is this true?

    I would imagaine your OH is wrong. It's reasonable enough to suspect that not every single person sitting in the passenger seat of a car will have a full license. So I guess they COULD stop you. Buuuuut it seems they've been given no real directive as to be ultra strict on the enforcement of the law, so practically I doubt you'd get pulled.


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    #3
    biko
    Registered Users Posts: 81,220 ✭✭✭✭biko


    Afaik the cops can pull anyone over at any given time and ask them to produce licence and other documents. They don't really need any other reason than that they thought car looked like a stolen car/suspicion of drink driving/driving erratically/...

    They will not pull people over for fun though so as long as you drive good and not hit a checkpoint you'll be ok.


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    #4
    Hanley
    Banned (with Prison Access) Posts: 21,981 ✭✭✭✭Hanley


    In a similar vein... when there is a checkpoint set up, have the gardai stationed on it been given specific instructions as to what to check for?

    For example tax, insurance and NCT. Or perhaps breath tests to anyone they suspect. I'm just wondering because I know I've been pulled over at different check points and sometimes they don't even check my discs and just go straight to the breath test, or just have a quick check of the discs and wave me on..


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    #5
    biko
    Registered Users Posts: 81,220 ✭✭✭✭biko


    I only ever been checked for discs. Don't even have to wind down window.


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    #6
    Hanley
    Banned (with Prison Access) Posts: 21,981 ✭✭✭✭Hanley


    biko wrote: »
    I only ever been checked for discs. Don't even have to wind down window.

    I tend to do most of my driving around 1am thru Dublin city centre on the way home from my part time job so I guess it's only fair to see more breath tests happening there.

    I guess what I'm getting at is that if they've received specific instructions to check for discs at a checkpoint, are they going to wave thru an unaccompanied driver because his/her discs are ok...?


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    #7
    TheNog
    Registered Users Posts: 4,160 ✭✭✭TheNog


    Lollipops23 wrote: »
    Hey-have me a provisional licence, test coming up mid July.
    I drove to and from Dunshaughlin from Swords last night, bold i know!No check-points at all, but saw a squad car going the opposite direction at one point.
    Of course i got all flustered wondering if it would do a U-ey and come after me(paranoid I know!)but my OH told me that i could only be asked to produce my licence at a check-point, and i couldn't just be randomly pulled over on suspiscion of driving unnaccompanied(he was in the passenger seat and has no licence at all)
    So is this true?

    A garda does not need a reason for stopping a car in law but there will always be a reason for stopping a vehicle such as driving badly, speeding etc. If the driver is identified as having a provisional/learner permit then the garda can make a demand the production of a passenger who claims to be a full licenced driver. Failure to produce a full licence by the passenger there and then or within 10 days can result both the driver and the passenger to be summonsed to court.

    The driver can be summonsed to court for failure to have a full licenced driver with them and the passenger can be summonsed for failure to produce a licence.
    biko wrote: »
    I only ever been checked for discs. Don't even have to wind down window.

    Don't know whether you mean you didn't have to wind down the window when stopped cos only your discs were inspected or whether a person doesnt have to wind down their window when stopped at a checkpoint. If it is the latter then you are very wrong. The law states that when demanded to produce your driving licence to a garda the garda is allowed to read and examine said licence so really you would have to wind down your window or open the door in order for the guard to get your licence. :p


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    #8
    sonicthebadger*
    Registered Users Posts: 446 ✭✭sonicthebadger*


    biko wrote: »
    Afaik the cops can pull anyone over at any given time and ask them to produce licence and other documents. They don't really need any other reason than that they thought car looked like a stolen car/suspicion of drink driving/driving erratically/...

    They will not pull people over for fun though so as long as you drive good and not hit a checkpoint you'll be ok.

    They can pull you and check your documents at any time. But why would they? They have better things to be doing, they'll only stop you if there's a reason. Maybe tail lights not working or speeding or whatever.
    Hanley wrote: »
    In a similar vein... when there is a checkpoint set up, have the gardai stationed on it been given specific instructions as to what to check for?

    For example tax, insurance and NCT. Or perhaps breath tests to anyone they suspect. I'm just wondering because I know I've been pulled over at different check points and sometimes they don't even check my discs and just go straight to the breath test, or just have a quick check of the discs and wave me on..

    Yes, they have specific instructions. But that doesn't mean to say if they're looking for tax/ins that they won't decide they need to do a breath on the driver with the big bleary head and the red eyes. They can ask for whatever.


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    #9
    Hanley
    Banned (with Prison Access) Posts: 21,981 ✭✭✭✭Hanley


    sonicthebadger* wrote: »
    Yes, they have specific instructions. But that doesn't mean to say if they're looking for tax/ins that they won't decide they need to do a breath on the driver with the big bleary head and the red eyes. They can ask for whatever.

    Coolness. I figured that would be the case!


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    #10
    j1979p
    Registered Users Posts: 221 ✭✭j1979p


    sonicthebadger* wrote: »
    They can pull you and check your documents at any time. But why would they? They have better things to be doing, they'll only stop you if there's a reason. Maybe tail lights not working or speeding or whatever.

    Another reason that they would likely pull somebody up would be by breaking the law by driving unaccompanied with L plates.


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    #11
    enrique66_35
    Registered Users Posts: 277 ✭✭enrique66_35


    I'm a provisional licence holder (test in 2 weeks) and before you discount my opinion first consider the job of the gardai.

    While of course there are gardai specifically assigned to "traffic corp" surely their priority lies with eliminating dangerous driving by being under the influence of drink/drugs, speeding or just generally making terrible driving decisions. All or any of these offenses are commitable by ANYONE who sits into a driver seat, full licence, learner, suspended or non-licence holder. Why so would any right-thinking Gardai out there spend valuable time and resources (which only this week there have been talk of cut-backs) chasing after L plate drives who are unaccompanied BUT otherwise driving safely and with reasonable skill.

    Obviously the presentation of some kind of commitment to getting your full licence (such a test date confirmation letter) would lead to the exclusion of the holder from the so-called "serial offender" who have driven on provisional licences for 3+ years and summons and or fines are an unnecessary burden on all involved. Just my opinion......


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    #12
    sonicthebadger*
    Registered Users Posts: 446 ✭✭sonicthebadger*


    enrique66_35 wrote: »
    Why so would any right-thinking Gardai out there spend valuable time and resources (which only this week there have been talk of cut-backs) chasing after L plate drives who are unaccompanied BUT otherwise driving safely and with reasonable skill.


    Same reason he does all the other stuff you mentioned. It's his job to enforce the law! :confused:


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    #13
    adrian522
    Moderators, Computer Games Moderators, Recreation & Hobbies Moderators, Sports Moderators Posts: 16,128 Mod ✭✭✭✭adrian522


    sonicthebadger* wrote: »
    Same reason he does all the other stuff you mentioned. It's his job to enforce the law! :confused:

    Yes, but just cause a car has L plates doesn't mean everyone who is driving it is on a provisonal.

    Also technically any car without L plates could have a priovisional driver so they should also be pulled over??

    In this scenario the traffic corps will spend all day checking licenses.

    In reality this is not going to happen. How many times have had to show your driving license to a Garda?


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    #14
    Hagar
    Closed Accounts Posts: 16,793 ✭✭✭✭Hagar


    An interesting point to note, I don't know if it applies in Ireland though but in France the following is the law.

    The accompanying qualified driver may be breath tested and if he is over the limit he is not competant to drive/supervise the learner driver so the learner driver is then deemed to be driving un-accompanied and is charged as such.

    Wait 'til the Guards catch on to that one. ;)


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    #15
    adrian522
    Moderators, Computer Games Moderators, Recreation & Hobbies Moderators, Sports Moderators Posts: 16,128 Mod ✭✭✭✭adrian522


    Hagar wrote: »
    An interesting point to note, I don't know if it applies in Ireland though but in France the following is the law.

    The accompanying qualified driver may be breath tested and if he is over the limit he is not competant to drive/supervise the learner driver so the learner driver is then deemed to be driving un-accompanied and is charged as such.

    Wait 'til the Guards catch on to that one. ;)

    That's also the law here.


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    #16
    sonicthebadger*
    Registered Users Posts: 446 ✭✭sonicthebadger*


    adrian522 wrote: »

    In reality this is not going to happen. How many times have had to show your driving license to a Garda?


    To be honest, about 5 times this year alone. Mostly for check points, was asked to park the bike so they could go through the licence with a fine tooth comb one day cause they were training a Reserve Garda. All the other times was in the car.

    It's been long enough now since they brought in the rule about licence in the car with you that they may well just ask for no reason, or for some reason you don't know about. Personally I wouldn't chance it. But then, I'm fairly risk averse and avoid breaking the law if I can at all. It's your pocket if you insist on looking at it that way, or you could look at it that you'd rather live in a society where people obey the law as a matter of course and not "chance it" cause they think it's unlikely they'll get caught.

    I know which society I'd rather live in.


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