C1Part 3Road traffic
Chapter 1F7Mutual 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—
F6a
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.
F31A
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 F5or 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 F8Schedule 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.
F93
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.
F13A
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 F4or section 166 of the Sentencing Code.
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.
F26
The Secretary of State may by regulations amend Schedule 3.
7
The Department may by regulations amend Schedule 3A.
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))