PART III.

Driving Licences.

21. —In this Part of this Act “licensing authority” means the council of a county or the corporation of a county borough.

22. —(1) Subject to the provisions of this Part of this Act, a person may apply to a licensing authority for a licence (in this Act referred to as a driving licence) to drive mechanically propelled vehicles of a specified class.

(2) (a) Where a person is disqualified for applying for any driving licence whatsoever for a period, he shall not apply for any driving licence whatsoever for that period and, if he does so and obtains a licence on the application, it shall be void and of no effect.

(b) Where a person is disqualified for applying for a driving licence in respect of a class of vehicles for a period, he shall not apply for a driving licence in respect of that class for that period and, if he does so and obtains a licence on the application, it shall be void and of no effect.

(3) An application for a driving licence—

(a) shall be made to the licensing authority in whose functional area the applicant ordinarily resides,

(b) shall be made in accordance with the relevant regulations under this Part of this Act,

(c) shall be accompanied by any certificate of competency or fitness required under regulations under this Act, and

(d) shall be accompanied by the excise duty payable on the taking out of a driving licence.

(4) (a) Where a person is disqualified by this Act for holding any driving licence whatsoever during a period, he shall be disqualified for applying for any driving licence whatsoever for that period or any period the whole or part of which is within that period.

(b) Where a person is disqualified by this Act for holding a driving licence in respect of vehicles of a class during a period, he shall be disqualified for applying for a driving licence in respect of vehicles of that class for that period or any period the whole or part of which is within that period.

(5) Where a person has been granted a driving licence in respect of vehicles of a class for a period, he shall be disqualified for applying for a driving licence in respect of vehicles of that class for that period or any period part of which is within that period.

23. —(1) Where an application is duly made for a driving licence, the licensing authority shall grant the licence unless it appears to them—

(a) that the applicant is disqualified for applying for the licence, or

(b) that, having regard to the particulars contained in the application, the applicant has not a satisfactory knowledge of the Rules of the Road.

(2) Subject to the provisions of this Part of this Act and any regulations thereunder, a driving licence shall be granted for a period of twelve months or such longer period as may be prescribed beginning on—

(a) in case the licence is granted during a period during which a driving licence previously granted to the applicant remains unexpired—the day following the expiration of the driving licence previously granted, and

(b) in any other case—the day on which the licence is granted.

24. —Where a driving licence which is expressed as not having effect until it is signed by the grantee is granted—

(a) it shall be the duty of the grantee forthwith to sign his name on the licence in the place indicated in that behalf therein,

(b) if the grantee fails so to sing the licence, he shall not, for the purposes of this Part of this Act, be regarded as not being the holder of the licence merely by reason of such failure.

25. —Subject to the provisions of this Part of this Act and any regulations thereunder, a driving licence shall have effect—

(a) in the case of a licence which is expressed as not having effect until it is signed by the grantee and which is not signed by him before the commencement of the period for which it is granted—the part (if any) of the period for which it is granted which is subsequent to its having been signed by the grantee, and

(b) in any other case—the period for which the licence is granted.

26. —(1) Where a person is convicted of an offence specified in the Second Schedule to this Act, the court shall make an order (in this Act referred to as a consequential disqualification order) declaring him to be disqualified for holding a driving licence.

(2) A disqualification under this section shall disqualify the convicted person for holding any driving licence whatsoever during a specified period or during a specified period and thereafter until he has produced to the appropriate licensing authority a certificate of competency or a certificate of fitness or both.

(3) (a) The period of a disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of—

(i) an offence under section 49 of this Act, or

(ii) an offence under section 53 of this Act where the contravention caused death or serious bodily harm to another person,

be not less than one year in the case of a first offence and not less than three years in the case of a second or any subsequent offence.

(b) Where a person has been convicted of an offence under section 30 of the repealed Act, the conviction shall, for the purposes of the foregoing paragraph, be regarded as a conviction of an offence under section 49 of this Act.

(4) The period of disqualification specified in a consequential disqualification order shall, in a case not coming within subsection (3) of this section, be not less than six months.

(5) (a) Where—

(i) a person is convicted of an offence under section 49 of this Act, being a second or any subsequent offence, and

(ii) a period of four years or more during which such person was not disqualified for holding a driving licence has elapsed since his last previous conviction for an offence under that section,

the court may, for the purposes of this section, deal with the offence as a first offence.

(b) Where a person has been convicted of an offence under section 30 of the repealed Act, the conviction shall, for the purposes of the foregoing paragraph, be regarded as a conviction of an offence under section 49 of this Act.

(6) Subject to subsections (7) and (8) of this section, in every case in which an appeal may be brought in respect of a conviction of an offence on conviction of which a consequential disqualification order may be made, jurisdiction to make, confirm, annul or vary a consequential disqualification order is hereby conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing.

(7) A consequential disqualification order shall not be annulled on appeal unless the conviction by reference to which it was imposed is reversed.

(8) Where a consequential disqualification order is, on an appeal, made or varied, the requirements of subsections (2), (3) and (4) of this section shall be complied with and the provisions of subsection (5) of this section, where relevant, shall also apply.

27. —(1) (a) Where a person is convicted of an offence under this Act or otherwise in relation to a mechanically propelled vehicle or the driving of any such vehicle (other than an offence in relation to which section 26 of this Act applies) or of a crime or offence in the commission of which a mechanically propelled vehicle was used, the court may, without prejudice to the infliction of any other punishment authorised by law, make an order (in this Act referred to as an ancillary disqualification order) declaring the person convicted to be disqualified for holding a driving licence.

(b) A disqualification under this subsection—

(i) shall disqualify the convicted person either for holding any driving licence whatsoever or for holding a driving licence in respect of a class or classes of mechanically propelled vehicles, and

(ii) shall so disqualify him during a specified period or during a specified period and thereafter until he has produced to the appropriate licensing authority a certificate of competency or a certificate of fitness or both.

(2) Subject to subsection (3) of this section, in every case in which an appeal may be brought in respect of a conviction of an offence on conviction of which an ancillary disqualification order may be made, jurisdiction to make, confirm, annul or vary an ancillary disqualification order is hereby conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing.

(3) Where an ancillary disqualification order is, on an appeal, made or varied, the requirements of paragraph (b) of subsection (1) of this section shall be complied with.

(4) An ancillary disqualification order shall be subject to appeal notwithstanding that an appeal is not taken against the relevant conviction.

28. —(1) Where an officer of the Garda Síochána has reasonable grounds for believing that a person who is the holder of a driving licence is by reason of disease or physical or mental disability unfit to drive any mechanically propelled vehicle whatsoever or any class or classes of mechanically propelled vehicles covered by such licence, such officer may apply to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides for an order under this subsection, and if the Justice is satisfied that such person is by reason of disease or physical or mental disability unfit to drive any mechanically propelled vehicle whatsoever or any such class or classes of mechanically propelled vehicles as are within the terms of the application, he may make the appropriate order declaring such person to be disqualified for holding a driving licence until he produces to the appropriate licensing authority a certificate of fitness.

(2) Where an officer of the Garda Síochána has reasonable grounds for believing that a person who is the holder of a driving licence is incompetent to drive any mechanically propelled vehicle whatsoever or any class or classes of mechanically propelled vehicles covered by such licence, such officer may apply to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides for an order under this subsection in respect of such person, and if the Justice is satisfied that such person is incompetent to drive any mechanically propelled vehicle whatsoever or any such class or classes of mechanically propelled vehicles as are within the terms of the application, he may make the appropriate order declaring such person to be disqualified for holding a driving licence until he produces to the appropriate licensing authority a certificate of competency.

(3) An order shall not be made under this section in respect of a person unless not less than ten days' previous notice in writing of the application for the order has been given to him.

(4) A person who is aggrieved by a special disqualification order made in respect of him may appeal to the Circuit Court.

(5) Orders made under this section are referred to in this Act as special disqualification orders.

29. —(1) A person in respect of whom a consequential or ancillary disqualification order specifying a period of disqualification exceeding six months has been made may, at any time and (save as is hereinafter mentioned) from time to time after the expiration of three months from the beginning of the period of disqualification and before the expiration of that period, apply, to the court which made the order, for the removal of the disqualification, and that court, if it considers that circumstances exist which justify such a course, may by order remove the disqualification as from a specified date not earlier than six months after the beginning of the period of disqualification.

(2) In considering for the purposes of subsection (1) of this section whether the circumstances referred to in that subsection exist, a court, without prejudice to its power to have regard to all such matters as appear to it to be relevant, may, in particular, have regard to the character of the applicant, his conduct after conviction and the nature of his offence.

(3) In subsection (1) of this section the reference to the court which made a disqualification order shall, in the case of any such order varied on appeal, be construed as a reference to the appellate court.

(4) Where—

(a) a consequential or ancillary disqualification order is made by an appellate court on an appeal from another court, and

(b) the order made by the appellate court is to the same effect as an order of the same kind made by the other court,

the other court shall, for the purposes of subsection (1) of this section, be deemed to be the court which made the order made by the appellate court.

(5) Where an application under this section is refused, a fresh application shall not be made within three months after the refusal.

(6) Where, an application having been made under this section to the District Court, the Circuit Court or the Central Criminal Court, the application is refused or the applicant is aggrieved by the date as from which the disqualification is removed, he may appeal to—

(i) in the case of an application to the District Court—the Circuit Court, and

(ii) in any other case—the Court of Criminal Appeal.

(7) The court hearing an application or appeal under this section may order the applicant to pay the whole or any part of the costs.

30. —(1) A person in respect of whom a consequential, ancillary or special disqualification order is made shall stand disqualified in accordance with the order for holding a driving licence, and a driving licence held by him at the date of the order shall stand suspended correspondingly.

(2) Subsection (1) of this section shall cease to have effect, in the case of a consequential or ancillary disqualification order, if and when the disqualification is removed.

(3) The operation of a consequential, ancillary or special disqualification order shall not, save where the court making the order otherwise directs, be suspended or postponed by reason of an appeal being brought against the order or, where the order is related to a conviction, against the conviction.

(4) Where—

(a) a notice of appeal has been lodged in a case in which a consequential, ancillary or special disqualification order has been made,

(b) the order has been suspended or postponed pending the appeal, and

(c) the appellant has given notification in writing that he wishes to withdraw the appeal,

the suspension or postponement of the order shall be regarded as having terminated immediately before the day on which the notification was given and the period of disqualification shall begin on that day.

(5) Where—

(a) an appeal is brought against a consequential or ancillary disqualification order,

(b) the order has been suspended or postponed pending the appeal, and

(c) the order is confirmed by the appellate court,

the period of disqualification shall begin on the day on which the order is confirmed.

(6) Where—

(a) a consequential, ancillary or special disqualification order operates until the person concerned produces to the appropriate licensing authority a certificate of competency or fitness, and

(b) such person produces to that authority such certificate,

the authority shall, where appropriate, note the production of such certificate on the relevant driving licence.

31. —(1) A person who has not attained the age of sixteen years shall be disqualified for holding any driving licence whatsoever during the period expiring on his attaining that age.

(2) The Minister may make regulations specifying an age, being the age of seventeen years or more, as the age below which a person shall be disqualified for holding a driving licence for a specified class of mechanically propelled vehicles.

(3) A person who has not attained an age specified in regulations under subsection (2) of this section shall be disqualified for holding a driving licence, for mechanically propelled vehicles of the class in relation to which the regulations specify that age, during the period expiring on his attaining that age.

32. —(1) This section applies to a person suffering from any disease or physical or mental disability declared by the Minister by regulations to be a disease or disability such that a sufferer therefrom shall be disqualified for holding any driving licence whatsoever

(2) A person to whom this section applies shall be disqualified for holding any driving licence whatsoever during the period during which he is suffering from the relevant disease or disability.

33. —(1) In this section “the issuing authority” means the person who, in the case in question and in accordance with regulations made by the Minister, is the issuing authority for the purposes of this section.

(2) A person, other than a person to whom section 32 of this Act applies, may apply to the issuing authority for a certificate of competency in the following cases:

(a) where he is disqualified for holding a driving licence until he produces a certificate of competency,

(b) where under the regulations under this Act an application by him for a driving licence is required to be accompanied by a certificate of competency.

(3) Where an application is duly made under this section and the appropriate fee is paid, the issuing authority shall test or cause to be tested—

(a) the competency of the applicant to drive the class or classes of mechanically propelled vehicle to which the application relates, and

(b) the knowledge of the applicant of the Rules of the Road, the test, so far as it is a test of competency to drive, being carried out in such vehicles (to be provided by the applicant) as the person carrying out the test considers necessary.

(4) On completion of a test under subsection (3) of this section, the issuing authority shall either—

(a) refuse the application, or

(b) subject to being satisfied that the applicant has a satisfactory knowledge of the Rules of the Road, issue a certificate (in this Act referred to as a certificate of competency) certifying—

(i) in case the application is for a certificate of competency to drive any mechanically propelled vehicle whatsoever and the issuing authority is satisfied that the applicant is competent to drive any mechanically propelled vehicle whatsoever—that the applicant is competent to drive any mechanically propelled vehicle whatsoever, or

(ii) in any other case—that the applicant is competent to drive any specified class or classes of mechanically propelled vehicle, being a class or classes in respect of which a certificate of competency was applied for and which the issuing authority is satisfied that the applicant is competent to drive,

but, where the issuing authority so thinks proper, it may defer a decision under this subsection pending production by the applicant of a certificate of fitness.

(5) (a) A person aggrieved by the deferring of a decision under subsection (4) of this section may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or direct that the application shall be dealt with without requiring a certificate of fitness.

(b) A decision under this subsection of a Justice of the District Court shall be final and not appealable.

(6) (a) A person aggrieved by a decision under subsection (4) of this section may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or, if satisfied that the test was not properly conducted, direct that the applicant shall be given a further test.

(b) A decision under this subsection of a Justice of the District Court shall be final and not appealable.

(7) Notwithstanding anything contained in this Act, it shall be lawful for a person who does not hold a driving licence, or is disqualified for holding a driving licence, to drive a mechanically propelled vehicle during a test under this section, and the driving shall not be a contravention of any provision of this Act merely by reason of his not being the holder of a driving licence.

34. —(1) In this section—

“the issuing authority” means the person who, in the case in question and in accordance with regulations made by the Minister, is the issuing authority for the purposes of this section;

“relevant aspects of his physical and mental condition” means, in relation to a person proposing to apply for a certificate of fitness, such aspects of his physical and mental condition as are declared by the Minister by regulations to be for the purposes of this section relevant aspects of a person's physical and mental condition in the case of an application for that certificate of fitness.

(2) A person, other than a person to whom section 32 of this Act applies, may apply to the issuing authority for a certificate of fitness in the following cases:

(a) where he is disqualified for holding a driving licence until he produces a certificate of fitness,

(b) where under the regulations under this Act an application by him for a driving licence is required to be accompanied by a certificate of fitness.

(3) A person who proposes to apply for a certificate of fitness shall, within the prescribed period prior to his application, cause himself to be examined by a registered medical practitioner and shall obtain from the practitioner a signed report in writing as to the relevant aspects of his physical and mental condition.

(4) Where—

(a) an application is duly made under this section to the issuing authority, and

(b) the appropriate fee is paid and the application is accompanied by the appropriate report referred to in subsection (3) of this section,

the issuing authority shall, after consideration of the application and report, either—

(i) refuse the application, or

(ii) issue a certificate (in this Act referred to as a certificate of fitness) certifying—

(I) in case the application is for a certificate of fitness to drive any mechanically propelled vehicle whatsoever and the issuing authority is satisfied that the applicant is fit to drive any mechanically propelled vehicle whatsoever—that the applicant is fit to drive any mechanically propelled vehicle whatsoever, or

(II) in any other case—that the applicant is fit to drive any specified class or classes of mechanically propelled vehicle, being a class or classes in respect of which a certificate of fitness to drive was applied for and which the issuing authority is satisfied that the applicant is fit to drive,

but, where the issuing authority so thinks proper, it may defer a decision under this subsection pending production by the applicant of a certificate of competency.

(5) (a) A person aggrieved by a decision under subsection (4) of this section or the deferring of such decision may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or give such direction to the issuing authority as he considers just, and the issuing authority shall comply with any such direction.

(b) A decision under this subsection of a Justice of the District Court shall be final and not appealable.

35. —(1) A person who desires to learn to drive mechanically propelled vehicles of any class in order to pass a test for a certificate of competency may, except in such cases as may be prescribed, apply for a licence (in this Part of this Act referred to as a provisional licence) licensing him provisionally to drive mechanically propelled vehicles of that class in a public place.

(2) An application for a provisional licence—

(a) shall be made to the licensing authority in whose functional area the applicant ordinarily resides,

(b) shall be in accordance with the relevant regulations under this Part of this Act, and

(c) shall be accompanied by the appropriate fee,

and where any such application is duly made as aforesaid, a provisional licence shall be granted by the licensing authority.

(3) A provisional licence shall have effect in accordance with its terms and—

(a) in a prosecution for an offence under subsection (2) of section 38 of this Act, it shall be a good defence for the defendant to show that, at the time he drove the vehicle, he held a provisional licence then having effect and licensing him to drive the vehicle,

(b) in a prosecution for an offence under subsection (4) of that section, it shall be a good defence for the defendant to show that the person employed to drive the vehicle held, at the time he drove the vehicle, a provisional licence then having effect and licensing him to drive the vehicle,

(c) in a prosecution for an offence under section 40 of this Act, it shall be a good defence for the defendant to show that, in lieu of producing a driving licence in accordance with that section, he produced a provisional licence having effect at the material time and licensing him to drive the vehicle and that he permitted the member of the Garda Síochána to whom it was produced to read it.

36. —(1) Where a person is convicted of an offence under this Act or otherwise in relation to a mechanically propelled vehicle or the driving of any such vehicle or of a crime or offence in the commission of which a mechanically propelled vehicle was used, the court, if it does not make a consequential or ancillary disqualification order, may (and, in the case of an offence which would be an offence such as is specified in paragraph 1, 2, 3, 5, 7, 8, 9, 10 or 11 or subparagraph (b) of paragraph 6 of the Second Schedule to this Act if it were a second or any subsequent offence within any period of three years, shall) by order direct particulars of the conviction to be endorsed on the driving licence held by such person or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.

(2) In every case in which an appeal may be brought in respect of a conviction of an offence on conviction of which an order may be made or is required to be made under subsection (1) of this section, jurisdiction to make, confirm or annul such order is hereby conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing and, where the order under subsection (1) of this section was required to be made by that subsection, the appellate court—

(a) if it sets aside the conviction, shall annul that order,

(b) if it refuses the appeal and does not vary the sentence, shall confirm that order,

(c) if it refuses the appeal and varies the sentence, shall annul that order and by a new order direct particulars of the conviction to be endorsed on the driving licence held by the person concerned or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.

(3) (a) Where a person is convicted of an offence and a consequential or ancillary disqualification order is made by the court on his conviction, the court shall by order direct particulars of the conviction and the disqualification order to be endorsed on the driving licence held by such person or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.

(b) Where a consequential or ancillary disqualification order is suspended or postponed pending an appeal, the relevant order under this subsection shall also stand suspended or postponed, but, upon the appellant having given notification in writing that he wishes to withdraw the appeal, the suspension or postponement of the order under this subsection shall be regarded as having terminated immediately before the day on which the notification was given.

(c) In every case in which an appeal may be brought in respect of a conviction of an offence on conviction of which a consequential or ancillary disqualification order was made and in the case of an appeal under subsection (4) of section 27 of this Act, jurisdiction to make, confirm or annul an order made under paragraph (a) of this subsection is hereby conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing, and the appellate court shall—

(i) where it makes a disqualification order and in consequence makes an order under paragraph (a) of this subsection, annul the order previously made under that paragraph,

(ii) where it confirms the disqualification order, confirm the order made under paragraph (a) of this subsection,

(iii) where it annuls the disqualification order, annul the order made under paragraph (a) of this subsection,

(iv) where it varies the disqualification order, annul the order previously made under paragraph (a) of this subsection and by a new order direct particulars of the conviction and of the disqualification order (as varied) to be endorsed on the driving licence held by the person concerned or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.

(4) (a) Where a special disqualification order is made in relation to any person, the court shall by order direct particulars of the special disqualification order to be endorsed on the driving licence held by such person or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.

(b) Where a special disqualification order is suspended or postponed pending an appeal, the relevant order under this subsection shall also stand suspended or postponed, but, upon the appellant having given notification in writing that he wishes to withdraw the appeal, the suspension or postponement of the order under this subsection shall be regarded as having terminated immediately before the day on which the notification was given.

(c) Where an appeal is taken in a case in which an order has been made under this subsection, the Circuit Court shall (as may be appropriate)—

(i) annul such order, or

(ii) annul such order and make an order under this subsection.

(5) Where a disqualification is removed under section 29 of this Act, the court shall by order direct particulars of the removal to be endorsed on the driving licence held by the person concerned or, if he is not the holder of a driving licence but subsequently a driving licence is granted to him, on that driving licence.

37. —(1) (a) Where a driving licence (in this section referred to as the new licence) is granted under this Part of this Act to a person who is at the time of the grant or was previously thereto the holder of a licence (in this section referred to as the previous licence) which was endorsed under this Part of this Act or Part III of the repealed Act, the licensing authority granting the new licence shall (unless such person has become entitled under this section to receive a driving licence free from endorsement) endorse on the new licence a copy of the endorsement or every endorsement on the previous licence, and the new licence so endorsed shall for all purposes be a driving licence endorsed under this Part of this Act.

(b) Nothing in paragraph (a) of this subsection shall apply in relation to an endorsement made pursuant to an order annulled on appeal,

(2) Where—

(a) a person who is or has been the holder of a licence endorsed under this Part of this Act or Part III of the repealed Act applies under and in accordance with this Act for a driving licence, and

(b) such person satisfies the licensing authority that—

(i) during a continuous period of not less than three years, or a series of discontinuous periods amounting in the aggregate to not less than five years, he has lawfully held a driving licence or a licence under Part III of the repealed Act, and

(ii) that, from the commencement of such continuous period or the first of such discontinuous periods (as the case may be) until the date of the application, he has not had—

(I) a driving licence held by him endorsed under this Part of this Act (disregarding an endorsement under this section of a new licence), or

(II) a licence under Part III of the repealed Act held by him endorsed under that Part (disregarding an endorsement under section 37 of the repealed Act of a new licence),

the driving licence (if any) granted on the application shall be granted without any endorsement under this Part of this Act and shall not be for any purpose a licence so endorsed.

38. —(1) A person shall not drive a mechanically propelled vehicle in a public place unless he holds a driving licence for the time being having effect and licensing him to drive the vehicle.

(2) (a) A person who contravenes subsection (1) of this section shall be guilty of an offence.

(b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, at the time he drove the vehicle, hold a driving licence then having effect and licensing him to drive the vehicle.

(3) The owner of a mechanically propelled vehicle shall not employ a person to drive the vehicle in a public place unless the person holds a driving licence for the time being having effect and licensing him to drive the vehicle.

(4) (a) A person who contravenes subsection (3) of this section shall be guilty of an offence.

(b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that the person employed to drive the vehicle did not, at the time he drove the vehicle, hold a driving licence then having effect and licensing him to drive the vehicle.

(5) A person—

(a) who is summarily convicted of the offence of contravening subsection (1) of this section and was at the time he committed the offence—

(i) disqualified for holding a driving licence, or

(ii) a person required to produce a certificate of competency or a certificate of fitness before obtaining a driving licence, or

(b) who is summarily convicted of the offence of contravening subsection (3) of this section in a case in which the person employed to drive the vehicle was at the time he drove the vehicle—

(i) disqualified for holding a driving licence, or

(ii) a person required to produce a certificate of competency or a certificate of fitness before obtaining a driving licence,

shall be liable to the following punishment in lieu of the punishment mentioned in section 102 of this Act, that is to say, to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(6) Subsections (1) to (5) of this section shall not apply in relation to a member of the Garda Síochána driving a mechanically propelled vehicle in the course of his duty.

(7) Pedestrian-controlled vehicles which are specified for the purposes of this subsection by the Minister by regulations and which comply with the conditions stated in the regulations are hereby excepted from subsections (1) to (5) of this section and sections 40 and 41 of this Act.

39. —(1) A person shall not apply for a driving licence if he is disqualified for applying therefor.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction, to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

40. —(1) (a) A member of the Garda Síochána may demand, of a person driving in a public place a mechanically propelled vehicle or accompanying pursuant to regulations under this Act the holder of a provisional licence while such holder is driving in a public place a mechanically propelled vehicle, the production of a driving licence then having effect and licensing him to drive the vehicle, and if such person refuses or fails to produce the licence there and then, he shall, unless within ten days after the date on which the production was demanded he produces such licence in person to a member of the Garda Síochána at a Garda Síochána station to be named by such person at the time at which the production was so demanded, be guilty of an offence.

(b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, within ten days after the day on which the production was demanded, produce a driving licence in accordance with paragraph (a) of this subsection.

(2) Where a person of whom the production of a driving licence is demanded under this section produces the licence, but refuses or fails to permit the member of the Garda Síochána making the demand to read the licence, he shall be guilty of an offen,

(3)Where a person of whom the production of a driving licence is demanded under this section refuses or fails to produce the licence or produces the licence but refuses or fails to permit the member of the Garda Síochána making the demand to read the licence, or where a person produces a driving licence at a Garda Síochána station in accordance with paragraph (a) of subsection (1) of this section but refuses or fails to permit the member of the Garda Síochána to whom the licence is produced to read it, the member may demand of such person his name and address and, if such person refuses or fails to give his name and address or gives a name or address which is false or misleading, he shall be guilty of an offence.

(4) A member of the Garda Síochána may arrest without warrant—

(a) any person who pursuant to this section produces a driving licence to the member but refuses or fails to permit the member to read it, or

(b) any person who, when his name and address is lawfully demanded of him by such member under this section, refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false.

(5) A person who, when producing a driving licence to a member of the Garda Síochána pursuant to this section, permits the member to see and read so much of the licence as contains the name, address, signature (if any) and photograph (if any) of the person to whom the licence was granted, the date of the termination of the period for which it was granted and the licensing authority by whom it was granted shall, for the purposes of this section, be deemed to have permitted such member to read the licence.

(6) A person who, when the production of a driving licence is demanded of him under this section, does not produce the licence because he is not the holder of a driving licence shall be deemed to fail to produce his driving licence within the meaning of this section.

41. —(1) A member of the Garda Síochána may, on any day with respect to which the condition specified in subsection (2) of this section is fulfilled, request a person driving in a public place a mechanically propelled vehicle or accompanying the holder of a provisional licence while such holder is driving in a public place a mechanically propelled vehicle, or a person producing his driving licence at a Garda Síochána station in pursuance of the immediately preceding section, to sign his name in a book and with a pen or pencil to be provided by the member and at the place in the book indicated by the member, and if such person, on being so requested and on being provided with the book and pen or pencil, refuses or fails to sign his name in the book or with the pen or pencil or at the place in the book indicated by the member, he shall be guilty of an offence.

(2) The condition referred to in subsection (1) of this section is that all or some of the driving licences that could have stood granted on the day in question could have been expressed as not having effect until they are signed by the grantees.

42. —(1) The Minister may make regulations for the purpose of giving effect to this Part of this Act.

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1) of this section, make provision for all or any of the following matters:

(a) the classification for the purposes of this Part of this Act of mechanically propelled vehicles;

(b) the form of driving licences and provisional licences;

(c) the form and manner of application for a driving licence or a provisional licence, the particulars to be embodied in the application and the documents to be furnished therewith;

(d) the surrender of driving licences;

(e) the securing that driving licences are not issued to persons already holding driving licences;

(f) the issue by licensing authorities of duplicate driving licences in place of driving licences lost, destroyed, or mutilated, the fees to be paid in respect of such issue and the disposition of such fees;

(g) the communication of particulars of driving licences granted by licensing authorities to other licensing authorities;

(h) the making available for the use of members of the Garda Síochána and other persons of information in the possession of licensing authorities with respect to persons disqualified for holding driving licences and persons whose driving licences have been endorsed under this Part of this Act or whose licences under Part III of the repealed Act have been endorsed under that Part;

(i) the fees to be paid in respect of the grant of provisional licences and the disposition of such fees, the period during which a provisional licence is to remain in force, the conditions to attach to a provisional licence and failure to comply with which shall render the licence void and the application in relation to provisional licences of any provisions of this Part of this Act or any regulations thereunder;

(j) the issue of driving licences by officers of any Minister of State as agents of the licensing authorities.

(3) Regulations under this section in relation to sections 33 and 34 of this Act may, in particular and without prejudice to the generality of subsection (1) of this section, make provision for all or any of the following matters:

(a) the classes of persons who are required to produce a certificate of competency or fitness when applying for a driving licence;

(b) voluntary submission to tests as to competency and knowledge of the Rules of the Road;

(c) the making of applications for certificates;

(d) the period which must elapse before a person who has failed to secure a certificate is eligible to apply again for a certificate;

(e) the fees to be paid on applications for certificates and their disposition;

(f) the persons by whom the issuing authority under section 33 of this Act may cause tests to be carried out;

(g) the persons by whom further tests directed under subsection (6) of section 33 of this Act are to be carried out;

(h) the nature of and manner of holding tests;

(i) the form of reports by registered medical practitioners under section 34 of this Act;

(j) the form and manner of issue of certificates and the period of their validity;

(k) the keeping of records by specified persons;

(l) the acceptance of certificates under sections 81 and 82 of the repealed Act for the purposes of this Act;

(m) the delegation by issuing authorities to specified persons of the functions of such authorities under subsection (4) of section 33 of this Act;

(n) the delegation by issuing authorities to specified persons of the functions of such authorities under subsection (4) of section 34 of this Act.

(4) Regulations under this section in relation to disqualifications and endorsements under this Act may, in particular and without prejudice to the generality of subsection (1) of this section, make provision for all or any of the following matters:

(a) the production of driving licences in court;

(b) the effecting of endorsements ordered under section 36 of this Act;

(c) the transmission of driving licences by the court to licensing authorities to be retained by them until they have expired or the disqualification ends (whichever is the shorter period);

(d) the notification to licensing authorities of the making, confirming, annulling, varying or removal of a consequential, ancillary or special disqualification order or the making, confirming or annulling of endorsements ordered under section 36 of this Act.

(5) Regulations under this section may make different provisions for different classes of cases coming within the same matter.

(6) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence.

43. —(1) A licence under Part III of the repealed Act in force at the commencement of this subsection shall be deemed to be a driving licence.

(2) An order under section 30 of the repealed Act in force at the commencement of this subsection shall be deemed to be a consequential disqualification order.

(3) An order under section 31 of the repealed Act in force at the commencement of this subsection shall be deemed to be an ancillary disqualification order.

(4) An order under section 32 of the repealed Act in force at the commencement of this subsection shall be deemed to be a special disqualification order.

(5) If and so long as, section 26 of this Act having come into operation, the repeal by this Act of Part III (other than sections 29 and 30) of the repealed Act has not come into operation, a consequential disqualification order shall be deemed for the purposes of the repealed Act to be a consequential disqualification order under that Act notwithstanding the repeal of section 30 thereof.

(6) If and so long as, section 29 of this Act having come into operation, the repeal by this Act of section 31 of the repealed Act has not come into operation, the said section 29 shall apply to an order under the said section 31.