Road Traffic Laws
A Garda Siochana member is entitled to demand from a vehicle driver in a public place a drivers licence which can be inspected by that member.
It is an offence under S.40 of the Road Traffic Act 1961(as amended) to not produce the licence on such a demand.
A similar rule applies to a driver with a learner permit, meaning they must also produce this licence type on demand by the Garda Siochana member.
10 Day Rule
If a vehicle driver cannot produce a licence on demand, the Garda Member is entitled to require the driver to attend at a Garda Siochana station, within 10 days, to produce their licence. If no production happens within the 10 day period, an offence is committed.
A certificate from the Garda Siochana member stating the driver did not produce the licence within the permitted time can be used as evidence in court.
It is also an offence to not allow the Garda Member read the licence once produced.
If a driver on request fails to produce a licence, then asked their name, address and date of birth but fails to do so commits an offence. The Garda Siochana member has the power of arrest without warrant if this arises.
If a person is found guilty of this offence being a first offence, they can attract a penalty of a fine.
This fine then increases on conviction of a second offence of this nature.
If a person is liable of this offence a third time, the person can attract a fine or imprisonment for three months or both said penalties.
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
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