Mutual driving disqualification in uk and Ireland

Marcusm

JackCharlton wrote: »

The solicitor told me NOT to bring my license
His exact words were they have no jurisdiction over an Irish license ?

You might want to direct your solicitor to this legal guidance provided by the UK Crown Prosecutions Service which indicates that Irish licences surrendered pursuant to a disqualification in the UK will be forwarded to the Irish authorities.

Nevertheless, this together with the statements from the Department of Transport (i.e. the Irish department) would indicate that any ban you accrue in the UK would also need to be respected in Ireland.

http://www.cps.gov.uk/legal/l_to_o/mutual_recognition_of_driving_disqualification/#a08

Surrender of licence

UK courts are already advised to ask disqualified drivers to surrender their licence to the court (sections 7(1) and 27 Road Traffic Offenders Act 1988 [RTOA] in Great Britain). This means that any licences surrendered by Irish resident drivers to the court will subsequently be forwarded on to DVLA. When DVLA notifies Ireland it will attach any Irish licence surrendered. The driver will have to ask the Irish authorities (Department of Transport/Road Safety Authority [DoT/RSA]) for its return for any period when the driver is not disqualified e.g. the time taken to arrange a hearing date with the Irish courts.

Update:

Crime (International Cooperation) Act 2003 in the UK requires the UK to deliver the licence to the foreign authority. On this basis, the court will presumably insist on its surrender and if not surrendered you might find yourself in contempt. Presumably that would involve a little time int he cells until the contempt is purged.

If I were you I'd make sure that you used a solicitor with experience of foreign licenceholders in front of the UK courts.

User Friendly

Marcusm wrote: »

You might want to direct your solicitor to this legal guidance provided by the UK Crown Prosecutions Service which indicates that Irish licences surrendered pursuant to a disqualification in the UK will be forwarded to the Irish authorities.

Nevertheless, this together with the statements from the Department of Transport (i.e. the Irish department) would indicate that any ban you accrue in the UK would also need to be respected in Ireland.

http://www.cps.gov.uk/legal/l_to_o/mutual_recognition_of_driving_disqualification/#a08

Surrender of licence

UK courts are already advised to ask disqualified drivers to surrender their licence to the court (sections 7(1) and 27 Road Traffic Offenders Act 1988 [RTOA] in Great Britain). This means that any licences surrendered by Irish resident drivers to the court will subsequently be forwarded on to DVLA. When DVLA notifies Ireland it will attach any Irish licence surrendered. The driver will have to ask the Irish authorities (Department of Transport/Road Safety Authority [DoT/RSA]) for its return for any period when the driver is not disqualified e.g. the time taken to arrange a hearing date with the Irish courts.

Update:

Crime (International Cooperation) Act 2003 in the UK requires the UK to deliver the licence to the foreign authority. On this basis, the court will presumably insist on its surrender and if not surrendered you might find yourself in contempt. Presumably that would involve a little time int he cells until the contempt is purged.

If I were you I'd make sure that you used a solicitor with experience of foreign licenceholders in front of the UK courts.

So the driver must be asked by the court to surrender his licence,"ok your honour,but i didnt bring it with me today" the demand to bring the licence to the court may or may not be in the summons that jack received Is the demand to bring your licence with you on the summons Jack?

its a good link,but i would assume nothing and wouldnt predict what a judge might or might not say,in any case i would trust the legal advice ive been given,we're not hearing all the story.

JackCharlton

So the mutual ban is enforced ?

Marcusm

JackCharlton wrote: »

So the mutual ban is enforced ?

Enforcement is in the hands of the gardai as it always is but it looks like the cumulative effect of the UK ban and s9 of the Road Traffic Act 2002 here (as commenced by si 11 of 2010) means that you would not be licences to drive, full stop. Presumably you'd have to notify insurers etc etc. it's quite chilling really but I guess mutual recognition of the driving licences would have to lead to something like this eventually.

I'd make sure you have a good solicitor to check it out and work out some contrition; statements made earlier about ceramic brakes wouldn't go down too well with the magistrates in the UK. Remember (unless NI is different) these aren't judges but members of the public out to do their civic duty by sitting in judgement over others.

What car was it anyway? (More suitable question for the Moyors thread, I guess.)

JackCharlton

sorry i meant to say enacted not enforced

JackCharlton

result !!! 300 pound fine and 6 points on my brand new virtual UK license!!

Procrastastudy

At 110mph on a UK road? That Judge must have been in a very, very good mood!

No idea about NI but Scotland anything over the ton was dealt with very seriously.

Also it was a bad idea to have a red car as Strathclyde police used to play speeding snooker. Had to pot a red before any other colour etc. Presumably a white car was ideal.

ResearchWill

GCDLawstudent wrote: »

At 110mph on a UK road? That Judge must have been in a very, very good mood!

No idea about NI but Scotland anything over the ton was dealt with very seriously.

Also it was a bad idea to have a red car as Strathclyde police used to play speeding snooker. Had to pot a red before any other colour etc. Presumably a white car was ideal.

It's stories like that make me wish I was a cop sometimes.

Our man in Havana

NI tends to be quite lenient whilst Scotland is the toughest when dealing with speeders.

I have heard of 4 points and modest fines for speeds up to 100mph in NI.