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Provisional licence holder driving without full licence driver

  • 24-11-2009 3:34pm
    #1
    Registered Users Posts: 15


    My daughter is a named driver on her boyfriends insurance, is she covered if she has a accident or stopped by the law whilst driving on her own.:confused:


Comments

  • Registered Users, Registered Users 2 Posts: 78,494 ✭✭✭✭Victor


    Third party cover will remain, but the insurance company will not look favourably at claims by the policy holder or named driver.


  • Registered Users, Registered Users 2 Posts: 3,626 ✭✭✭Stargal


    Moved to the Motors forum (Mods, wasn't sure if this was the right place for it, feel free to move it somewhere more appropriate if necessary).


  • Closed Accounts Posts: 12,456 ✭✭✭✭Mr Benevolent


    Victor's covered it succinctly.


  • Moderators, Business & Finance Moderators Posts: 17,760 Mod ✭✭✭✭Henry Ford III


    In the event of a claim 3rd party damages would be paid, but your daughter will have all sorts of problems afterwards, not least from the Gardai.


  • Registered Users, Registered Users 2 Posts: 2,164 ✭✭✭hobochris


    Even though the insurance is legally required to provide 3rd party cover in such an instance the way the Garda would see it is:

    NO accompanying driver--> No license (5 points).
    No License --> no Insurance (5 points).

    Max her permit can hold Is 6 points, so Id imagine it would be a court appearance,driving ban and a fine.

    if this is discovered through an accident there could be other lines of prosecution the Garda may pursue aswell.


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  • Registered Users, Registered Users 2 Posts: 12,699 ✭✭✭✭R.O.R


    hobochris wrote: »
    Even though the insurance is legally required to provide 3rd party cover in such an instance the way the Garda would see it is:

    NO accompanying driver--> No license (5 points).
    No License --> no Insurance (5 points).

    Max her permit can hold Is 6 points, so Id imagine it would be a court appearance,driving ban and a fine.

    if this is discovered through an accident there could be other lines of prosecution the Garda may pursue aswell.

    No they don't (bold bit) you are thinking of the UK, and this is a seperate country. Also not sure about the number of points a permit can hold.

    In the case of an accident the insurance company could sue the driver for all costs, but they can't currently refuse insurance.

    Personally I hope that changes to the scenario above, like the UK. Being uninsured would be a significant deterrent to unlicenced drivers driving unacompanied.


  • Registered Users, Registered Users 2 Posts: 2,164 ✭✭✭hobochris


    R.O.R wrote: »
    No they don't (bold bit) you are thinking of the UK, and this is a seperate country. Also not sure about the number of points a permit can hold.

    In the case of an accident the insurance company could sue the driver for all costs, but they can't currently refuse insurance.

    Personally I hope that changes to the scenario above, like the UK. Being uninsured would be a significant deterrent to unlicenced drivers driving unacompanied.

    I think you will find in all insurance policys there is a claus which voids the insurance if the terms of the licence/permit are not met.. hence no insurance.

    The Garda or state prosecutor can pursue a prosecution on these grounds And in court that means 5 points for no insurance.


  • Registered Users, Registered Users 2 Posts: 2,249 ✭✭✭pippip


    she'll be covered alright. insurance is to do with the car on a public road, very little to do with the licence. she can be on the m50 and have a crash and they still have to pay out. Again the garda may prosecute.

    Remember the law of accompanied full driver has always been around. it was only highlighted and brought into prosecutions in the last two years.


  • Closed Accounts Posts: 1,270 ✭✭✭tin79


    The amount of mis-information in this thread is ridiculous in the extreme.


  • Moderators, Politics Moderators Posts: 40,351 Mod ✭✭✭✭Seth Brundle


    tin79 wrote: »
    The amount of mis-information in this thread is ridiculous in the extreme.
    Maybe elaborate on which bit?


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  • Registered Users, Registered Users 2 Posts: 2,249 ✭✭✭pippip


    http://www.herald.ie/national-news/learner-in-collision-pulling-out-of-test-centre-1420307.html

    The last paragraphs tell some info.

    Even if you drink and drive your still covered in a crash.


  • Registered Users, Registered Users 2 Posts: 6,441 ✭✭✭jhegarty


    R.O.R wrote: »
    Personally I hope that changes to the scenario above, like the UK. Being uninsured would be a significant deterrent to unlicenced drivers driving unacompanied.


    Being uninsured would be a significance deterrent to everyone else on the road.


    The last thing we need is more uninsured drivers.


  • Closed Accounts Posts: 1,270 ✭✭✭tin79


    kbannon wrote: »
    Maybe elaborate on which bit?

    I honestly wouldnt be qualified to and i would only be adding to the confusion.


  • Closed Accounts Posts: 2,696 ✭✭✭trad


    Has she a provisional licence or a learners permit?


  • Closed Accounts Posts: 10,272 ✭✭✭✭Max Power1


    tin79 wrote: »
    The amount of mis-information in this thread is ridiculous in the extreme.
    tin79 wrote: »
    I honestly wouldnt be qualified to and i would only be adding to the confusion.

    Well from the article quoted above, the info seems spot on to me
    IIF wrote:
    A spokesman for the Irish Insurance Federation (IIF) said motorists who broke the law and crashed while driving alone would still be covered. "If driving unaccompanied, the driver is guilty of a criminal offence, but they are still insured," he said.
    "If you don't obey the rules of the road and drink and drive or break a red light, you're guilty of an offence but are still covered. It's the same case with driving unaccompanied. [That] has nothing really to do with insurance at this time."


  • Registered Users, Registered Users 2 Posts: 23,157 ✭✭✭✭Alanstrainor


    trad wrote: »
    Has she a provisional licence or a learners permit?

    A Learner Permit, the last of the provisional licenses would have expired in October last.


  • Closed Accounts Posts: 1,270 ✭✭✭tin79


    Max Power1 wrote: »
    Well from the article quoted above, the info seems spot on to me

    including what hobochris posted?

    "I think you will find in all insurance policys there is a claus which voids the insurance if the terms of the licence/permit are not met.. hence no insurance."

    Do you not think that completely contradicts what the IIF spokeman said?


  • Registered Users, Registered Users 2 Posts: 2,249 ✭✭✭pippip


    tin79 wrote: »
    including what hobochris posted?

    "I think you will find in all insurance policys there is a claus which voids the insurance if the terms of the licence/permit are not met.. hence no insurance."

    Do you not think that completely contradicts what the IIF spokeman said?

    Some do, most don't.

    http://www.independent.ie/lifestyle/motoring/learners-who-drive-alone-still-insured-1419956.html


  • Registered Users, Registered Users 2 Posts: 2,249 ✭✭✭pippip


    I think Tin79 is getting confused between breaking the rules of the road and breaking the rules of a licence, very different.


  • Registered Users Posts: 15 pips123


    My daughter is on a learners permit.


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  • Moderators, Politics Moderators Posts: 40,351 Mod ✭✭✭✭Seth Brundle


    pips123 wrote: »
    My daughter is on a learners permit.
    There are three categories of 'licence' in Ireland that people can be in:
    * Full Licence
    * Learners Permit
    * No licence

    Anyone who is driving on a provisional licence falls into the last category!


  • Registered Users, Registered Users 2 Posts: 495 ✭✭brian076


    trad wrote: »
    Has she a provisional licence or a learners permit?

    There are no Provisional licences now, the last of them expired at the end of October, however it wouldn't have made any difference, the same rules applied to both since last year. You must be accompanied by a qualified driver.
    Also, there are no penalty points at present for driving unaccompanied, although these may be introduced in the new Road Traffic Bill.


  • Registered Users, Registered Users 2 Posts: 3,470 ✭✭✭DonJose


    She could also be hit with the following maximum fines,

    Driving unaccompanied : €1,000
    Driving without L plates : €1,000 <-- Depending on if she drives with or without L plates.

    A MAN WHO was driving without a qualified driver beside him has since passed his test Wicklow District Court heard last Tuesday.

    Luke Day ( 19), 197 Season Park, Newtownmountkennedy was charged with failing to be accompanied by a qualified driver, failing to display L plates and driving without a driving licence at Rosanna, Ashford on February 16, 2009.

    Appearing before Judge Murrough Connellan, Day said that the car had since been scrapped and he had passed his test.

    He told Judge Connellan it was hard to have a qualified driver in the car at all time.

    Judge Connellan fined him €150 for failing to be accompanied, €150 for failing to display L plates and took the matter of driving without a driving licence into account.

    http://www.wicklowpeople.ie/news/fined-for-driving-unaccompanied-1933888.html


  • Closed Accounts Posts: 2,279 ✭✭✭snowman707


    pips123 wrote: »
    My daughter is a named driver on her boyfriends insurance, is she covered if she has a accident or stopped by the law whilst driving on her own.:confused:

    If you want a genuine answer get her b/f to discuss it with his insurance company/broker
    tin79 wrote: »
    The amount of mis-information in this thread is ridiculous in the extreme.

    + 1000000000000


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