C1Part 3Road traffic
Chapter 1F2Mutual recognition of driving disqualification in UK and Republic of Ireland
Pt. 3 Ch. 1 heading substituted (with effect from 1.8.2017 in accordance with S.I. 2017/189, art. 3 and London Gazette notice dated 1.8.2017 (Issue 62012 page 14601)) by Criminal Justice and Courts Act 2015 (c. 2), ss. 31(2), 95(1) (with Sch. 7 para. 27); S.I. 2017/189, art. 3
Road traffic offences in UK
I154Application of section 55
1
Section 55 applies where—
F7a
an individual (“the offender”) is convicted of a qualifying UK road traffic offence,
aa
when convicted, the offender—
i
is normally resident in the Republic of Ireland, or
ii
is not normally resident in the Republic of Ireland but holds a Republic of Ireland licence,
b
no appeal is outstanding in relation to the offence, and
c
the driving disqualification condition is met in relation to the offence.
F41A
A qualifying UK road traffic offence is—
a
an offence under the law of England and Wales or Scotland mentioned in Schedule 3;
b
an offence under the law of Northern Ireland mentioned in Schedule 3A.
2
The driving disqualification condition is met—
a
in relation to an offence mentioned in Part 1 of Schedule 3 F8or Part 1 of Schedule 3A, if an order of disqualification is made in respect of the offence,
b
in relation to an offence mentioned in Part 2 of F9Schedule 3 or Part 2 of Schedule 3A, if an order of disqualification for a period not less than the minimum period is made in respect of the offence.
F103
The minimum period is—
a
for an offence mentioned in Part 2 of Schedule 3 in relation to which the Secretary of State has by regulations specified a period of less than six months, that period;
b
for an offence mentioned in Part 2 of Schedule 3A in relation to which the Department has by regulations specified a period of less than six months, that period;
c
for any other offence, a period of six months.
F53A
When determining whether the period of disqualification in respect of an offence mentioned in Part 2 of Schedule 3 is not less than the minimum period, an extension period imposed under any of the following is to be disregarded—
a
section 35A or 35C of the Road Traffic Offenders Act 1988;
b
section 248D of the Criminal Procedure (Scotland) Act 1995;
c
section 147A of the Powers of Criminal Courts (Sentencing) Act 2000.
3B
When determining whether the period of disqualification in respect of an offence mentioned in Part 2 of Schedule 3A is not less than the minimum period, an extension period imposed under any of the following is to be disregarded—
a
Article 8A of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6));
b
Article 40A of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10));
c
Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).
4
Section 55 does not apply in prescribed circumstances.
5
For the purposes of this section no appeal is outstanding in relation to an offence if—
a
no appeal is brought against an offender’s conviction of the offence, or any order made on his conviction, within the time allowed for making such appeals, or
b
such an appeal is brought and the proceedings on appeal are finally concluded.
F66
The Secretary of State may by regulations amend Schedule 3.
7
The Department may by regulations amend Schedule 3A.
I255F3Duty to give notice to Republic of Ireland of UK driving disqualification
1
Where this section applies, the appropriate Minister must give the central authority of F11the Republic of Ireland a notice under this section.
2
A notice under this section must—
a
give the name, address and date of birth of the offender,
b
give particulars of the offence,
c
state that no appeal is outstanding in relation to it,
d
give particulars of the disqualification,
e
state whether or not the offender took part in the proceedings in which the disqualification was imposed,
f
state that the offender has been informed that any decision made for the purposes of F12the specified agreement on driving disqualifications will have no effect on the disqualification.
3
A notice under this section may contain such other information as the appropriate Minister considers appropriate.
4
A notice under this section must be accompanied by the original or a certified copy of the order of disqualification.
5
Where the offender did not take part in the proceedings mentioned in subsection (2)(e), a notice under this section must also be accompanied by evidence that the offender was duly notified of those proceedings.
6
Where the offender is the holder of a Community licence, a notice under this section must also be accompanied by the licence unless it has been returned to the driver—
a
under F1section 91A(7A)(b) of the Road Traffic Offenders Act 1988 (c. 53), or
b
under Article 92A(7)(b)(ii) of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/ 1320 (N.I.10)).
7
Where the period of disqualification is reduced by virtue of section 34A of that Act or Article 36 of that Order, the appropriate Minister must give the central authority particulars of the reduction.
8
Where the disqualification is removed by an order under section 42 of that Act or Article 47 of that Order, the appropriate Minister must give the central authority particulars of the removal.
9
The appropriate Minister must provide—
a
the central authority, or
b
the competent authority of F13the Republic of Ireland,
with any further information which it requires for the purposes of F14the specified agreement on driving disqualifications.
Pt. 3: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))