1 mutual recognition of driving disqualifications liam dolan department of transport

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Mutual Recognition of Driving Disqualifications

Liam Dolan

Department of Transport

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EU Convention on Driving Disqualification

• The framework for the mutual recognition of driving disqualifications is contained in the EU Convention on Driving Disqualifications adopted by EU Member States in 1998.

• The purpose of the Convention is to put in place a structure through which a driving disqualification imposed on a non resident of a Member State can be applied in the State where that person is a resident.

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• The Convention identifies three methods through which a State of residence can apply a disqualification:-– directly enforce the disqualification (i.e. it does not

instigate any procedures in its own territory) ;– enforce the disqualification by way of administrative or

judicial procedure ; or – convert the decision through proceedings of its own

(i.e. in effect this means that the entire case is re-tried in the State of residence).

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EU Convention on Driving Disqualification –

• In Ireland the imposition of a driving disqualification is regarded as a judicial act but not a penalty.

• Ireland will apply the enforcement option through the operation of judicial procedure.

• Legislation to support the application of the Convention is contained in the Road Traffic Act, 2002 – section 9.

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EU Convention on Driving Disqualification – Entry into Force

• The requirements for entry into force of the Convention are that all 15 Member States who are signatories ratify the Convention.

• The Convention allows Member States to enter into bilateral arrangements pending the Convention coming into force.

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EU Convention on Driving Disqualification – Entry into Force

• Consequently the Irish and UK Authorities are pressing ahead with a bilateral agreement in advance.

• Discussions on the practical arrangements for implementation are ongoing between the police, Court services and the licensing authorities in the different jurisdictions.

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• The Convention relates to disqualifications arising from a range of traffic offences:-– Reckless or dangerous driving.

– Hit-and-run driving

– Driving under the influence of alcohol or drugs.

– Speeding.

– Driving whilst disqualified.

– Other conduct with a disqualification of six months or more (or less if agreed bilaterally)

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Road Traffic Act, 2002

• Section 9 of the Road Traffic Act 2002, as amended by section 38 of the Road Safety Authority Act 2006 provides a framework for implementing the Convention in the Republic

• The Ministers function in section 9 has been conferred on the Road Safety Authority – established last September

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• The procedure envisaged under section 9 may be summarised as follows:– the state in which the offence was committed informs

the RSA in writing and sends the appropriate documents containing detailed information

– the RSA notifies the licensing authority who issued the person’s driving licence

– the licensing authority makes an application to the appropriate judge

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– The judge, if satisfied with the notification, makes an order disqualifying the person from holding a driving licence

– the period of disqualification cannot exceed the maximum period which could have been imposed if the conduct which resulted in the conviction had taken place in this State

– the period of disqualification that has already elapsed in the State in which the offence was committed is deducted from the period of disqualification for holding a licence in this State

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• The section also specifies in accordance with Article 6 of the Convention, circumstances where an order will not be made, viz.– The person has already been disqualified for the

same offence and where the period of disqualification is current or has expired.

– The person would have benefited from a general pardon or amnesty in this State.

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– The time between the commission of the offence and the taking of proceedings was greater than the maximum time allowed in this State, or

– The judge considers that the person did not have adequate opportunity to defend him/herself in the proceedings in the state in which the offence was committed.

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• A judge may refuse to make an order if the specific conduct for which the disqualification was imposed does not constitute an offence in the State, or does not constitute an offence for which disqualification can be ordered by a court.

• The judge may also refuse to make an order if less than one month of the period of disqualification remains to expire.

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• Where the judge makes or refuses to make an order, the Courts Service will notify the RSA, and the RSA will arrange for notification of the authorities in the State in which the offence was committed

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• The section also provides for the notification to the RSA of a disqualification imposed on a person normally resident in another State by the Court, and

• The notification by the RSA to the State of residence

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Mutual Recognition of Lesser Offences

• The North/South Work Programme which was agreed by the North South Ministerial Council, included a commitment to examine the mutual recognition of penalty points between the Republic of Ireland and the North.

• However, separate penalty point systems operate in the two jurisdictions on this island, and there is no recognition of points between Northern Ireland and Great Britain.

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• For that reason, it was agreed, in 2003, that it would be more appropriate to pursue the question of mutual recognition of penalty points on the basis of the operation of the three systems and that it would also be more appropriate that it would be dealt with under the auspices of the British Irish Council. As Northern Ireland has the lead role for transport matters in the BIC, the authorities in that jurisdiction are taking the lead in considering this issue.

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• Legal advice on the development of a system of mutual recognition of penalty points supports the view that the general approach should be modelled on the approach taken in the Convention on Driver Disqualification whereby there would be mutual recognition of the offence or behaviour rather than the penalty.

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• The development of any bilateral agreement on such mutual recognition will require consideration of complex legal questions which will take time and is likely to require the passage of primary legislation to support such an agreement.

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• In accordance with an agreement at the BIC in February 2006 the terms of reference for a feasibility report have been agreed at Ministerial level.

• The report aims to focus on areas of cooperation, including penalty points, which are practically and realistically feasible.

1 mutual recognition of driving disqualifications liam dolan department of transport

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