Each year in Ireland, thousands of people are issued with licences to drive motor vehicles. These vehicles include motorcycles, cars, vans, trucks, agricultural machinery, etc. In order to ensure high standards of road safety, it's important that everyone is aware of the laws in place regarding motoring in Ireland and the penalties in place if you break the law.
The Road Traffic Acts set out the main provisions for motoring in Ireland. This legislation deals with issues such as vehicle licensing, vehicle standards, your obligations and responsibilities, etc. Motoring offences can include drink driving, speeding, driving without evidence of insurance or motor tax, driving without due care and attention and driving without a seatbelt. A new offence of driving while holding a mobile telephone was introduced in 2006.
You can be disqualified from driving a vehicle if a judge convicts you of a motoring offence or of driving a defective vehicle. Driving a defective vehicle can include driving a vehicle that is not road-worthy. A system of parking restrictions and fines is also in place throughout Ireland.
Summonses issued to citizens for motoring offences are heard in the District Court and the presiding judge has the power to impose disqualifications for driving and endorsements of driving licenses. Motoring offences that result in a charge of dangerous driving causing death are heard in the Circuit Court before a judge and jury unless the defendant pleads guilty prior to the hearing.
The Gardaí have the power to arrest the driver of a vehicle for certain motoring offences. These offences include drink driving an dangerous driving.
Penalties on conviction for motoring offences depend on the severity of the offences and on whether or not they are repeated offences. Penalties can include monetary fines, endorsement of driving license, disqualification from driving for life, and in the most serious cases, imprisonment. In addition a penalty points system is in place for certain motoring offences. A list of motoring offences that attract penalty points is here.
The Road Traffic Act, 2006 increased the maximum monetary penalties (fines) which a court can impose in relation to most common motoring offences.
Penalties on conviction for dangerous driving causing death are the same as penalties for manslaughter and also carry a mandatory disqualification from driving for a minimum of five years. Since October 2011 all convictions in the District Court for drink driving offences carry a mandatory disqualification for a minimum of 6 months. Gardaí also have the power to impound vehicles which are not insured or in certain circumstances vehicles which are not taxed or vehicles which do not have a certificate of roadworthiness.
Disqualification orders are usually made by a court preventing a person from validly holding a drivers licence or from applying for one for a defined or stated period of time. A disqualification can however also arise from the penalty points system. This disqualification period is for six months and is administered by the Department of Transport, Tourism and Sport.
There are five different types of disqualifications from driving:
They can apply to the District Court for a special disqualification order.
Any disqualification order issued by the courts can be appealed within 14 days from the date of conviction. If the judge orders you to be disqualified from driving and you do not appeal the conviction, you will receive a Notice from the Fines Office of the District Court where you appeared, stating that you must hand in your driving licence immediately.
The Fines Office of the District Court will require you to submit any driving licence you hold, together with the details of the Court Order. Disqualification from driving automatically carries a mandatory 3-year endorsement of your driving licence. The period of endorsement commences when the disqualification period ends. Your licence will then be sent to your local Motor Tax Office where it will be held for collection until the period of disqualification is over.
An endorsement is basically a record that gives details of your motoring convictions. It is not physically recorded on your driving licence. Instead your driving licence record is held on the National Vehicle and Driver File operated by the Department of Transport, Tourism and Sport.
The penalty points system of endorsement is also by entry in the licence record. Endorsements remain on your licence record for 3 years and must be notified to your insurance company when applying for motor insurance. Endorsements on your licence record will often lead to an increase in your motor insurance premium. Second or subsequent endorsements often result in disqualification from driving.
A system of fixed charge driving offences operates in Ireland which allows the driver of a vehicle who has been detected of committing certain offences under the Road Traffic Acts to pay a fixed charge or fine as an alternative to going to court to answer the driving offence. Among the offences covered are illegal parking, seat belt offences, speeding offences, driving in a bus-lane and holding a mobile phone while driving.
The Minister has the power to declare any summary (or minor) offence under the Road Traffic Acts 1961-2011 to be fixed charge offences. A person has 28 days from the date of the issue of the fixed charge notice to pay the fine. If it is not paid within 28 days, the charge is increased by 50% and if it is still unpaid after a further 28 days then court proceedings are initiated.
If you receive a fixed charge notice for a driving offence and you were not the driver of the vehicle you must return the notice to the Gardaí and include the details of the person who was driving (including his/her driving licence number) in the form attached to the fixed charge notice for that purpose. The Gardaí will then issue a fixed charge notice to the driver of the vehicle. The registered owner of the vehicle is the person to whom the fixed charge notice will be sent if the driver of the vehicle was not identified at the time the offence was detected, (e.g. detected by a speed camera or if a car was parked illegally). If the registered owner was not the driver he/she is still obliged by law to notify the Gardaí of who the driver of the vehicle was at the time of the offence.
If you misplace, lose or damage your fixed charge notice, you should contact the Fixed Charge Processing Office at:
A re-print of the notice will be sent to you by post. However, the time period allowed for payment is not extended by your request for a re-print.
If the fixed charge notice is paid within the legal time limits and court proceedings are not commenced you will not have a criminal record in respect of the offence.
Further information on fixed charge notices is available on the Garda website
Motorists in Ireland are obliged to display evidence that they have paid their motor tax and have current motor insurance on the windscreen of their vehicles. If a vehicle is found by the Gardaí not to have a current motor insurance policy they have the power to impound the vehicle until such time as an insurance certificate is produced by the owner which insures the use of the vehicle. The owner of the vehicle will be liable to all charges or costs incurred by the Gardaí in the removal and storage of the vehicle. The Road Traffic Act 2006 extended this power to include the power to impound vehicles registered outside of Ireland.
Similarly, the Gardaí are empowered to impound any vehicle which has not been taxed for a period of two months or more. In reality this means that if you are stopped by the Gardaí while driving a vehicle and the road tax for that vehicle is out of date by two months or more, the Gardaí can seize that vehicle and impound it until such time as the owner can show proof that the motor tax has been paid for that vehicle to include the date on which it was impounded (i.e. paying the arrears due on the vehicle). Again, the owner of the vehicle will be liable for all charges and costs incurred by the Gardaí in the removal and storage of the vehicle.
The Road Traffic Act 2006 has created a new offence of holding a mobile phone while driving a vehicle in a public place. The law was introduced to eliminate the common practice of drivers using mobile phones while driving and thereby not concentrating fully on their driving. The offence is holding a mobile phone and does not require the driver to be making or receiving a call but merely holding the phone.
A number of people are exempt from the offence. For example, members of the Gardaí, the ambulance service or the fire brigade service if they are acting in the course of their duty and holding the mobile phone in relation to the performance of their duty. Hold in relation to a mobile phone, means holding the phone by hand or supporting it or cradling it with another part of the body. Hands-free phone kits or Bluetooth technology is not now illegal and is outside the definition of mobile-phone.
It will be a defence for anyone charged with the offence of holding a mobile phone while driving to show that they were:
Since 1 September 2006 the offence is a fixed charge offence of €60 and
will attach two penalty points to your licence. A summary conviction in court
will make you liable to a class
C fine and four penalty points on your licence.
Penalty points and endorsements on driving licences acquired in other countries (including EU/EEA member states) are not recognised between states. Although a European Convention on driving disqualifications was signed by the member states in June of 1998 which allowed making certain disqualification effective throughout the EU, the conviction has not yet come into force.
In practice therefore, this means if you acquired penalty points or have endorsements on your driving licence before coming to Ireland, these penalty points or endorsements will not transfer over to an Irish driving licence. If however, you have been disqualified from driving in another country and this was in addition to a prison sentence for driving offences it may not be possible for you to exchange your full foreign driving licence for a full driving licence here in Ireland.
If you are driving on a foreign driving licence in Ireland and acquire penalty points here, you will receive the normal statutory fine but the penalty points will not be added to your foreign driving licence. If you subsequently exchange your foreign driving licence for an Irish driving licence, your Irish penalty points will then be activated on your new Irish driving licence.
Appeals to the Circuit Court to reverse a conviction leading to disqualification from driving are free of charge.
Appeals to the District Court for the early restoration of your driving license if you are disqualified cost €52.
All fines and fees collected by the Gardaí or authorised persons are paid
to the state unless otherwise stated in the law.
If you have been convicted of motoring offences and disqualified from driving in a District Court, you can appeal the disqualification to the Circuit Court. You must lodge an appeal within 14 days of your conviction. If you wish to represent yourself, the court clerk in your local District Court will help you complete the necessary forms. Alternatively, your solicitor can assist you.
If you have been disqualified from driving and wish to apply to the courts for an early restoration of your licence, you may do so in person or through a solicitor following payment of the appropriate fee. You may apply for the early restoration of your driving licence when half your disqualification period is over. However, you cannot apply for an early restoration where the disqualification is for two years or less. The court can reduce the period of disqualification to two-thirds the original period of disqualification.
The court clerk of your District and Circuit Court will tell you about the court venues and dates.
Your local Motor Tax Office holds your driving licence while you are disqualified. To get your driving licence back when your period of disqualification expires, contact your local Motor Tax Office.
You can apply for a copy of your driving licence record under the Data
Protection Acts to the Department of Transport, Tourism and Sport. You must
include a fee of €6.
Contact information for your local District Court and contact information for your local Circuit Court is located at the front of all public telephone directories.
15-24 Phoenix Street North
Tel:+353 (0)1 8886000
Department of Transport, Tourism and Sport
Shannon Town Centre
Tel:(061) 365 000
Locall:1890 411 412
Fax:(061) 363 480
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 8pm) or you can visit your local Citizens Information Centre.