|
|
Disqualification pursuant to European Convention on Driving Disqualifications.
|
9.—(1) Where—
|
|
| |
(a) by reason of the commission, after the entry into force of the Convention, of a specified offence in another Member State (“the State of the offence”) by a person who is normally resident in the State, a driving disqualification is imposed on the person for any period in the State of the offence, and
|
|
| |
(b) a competent authority of the State of the offence notifies the Minister in writing in accordance with Article 3 of the Convention of the disqualification and transmits to the Minister—
|
|
| |
(i) the documents specified in paragraph 1 of Article 8 of the Convention, duly certified, where so required by the Convention, and accompanied by a translation in the English language of the notification and the documents aforesaid,
|
|
| |
(ii) documents containing the details and information specified in the paragraph aforesaid, and
|
|
| |
(iii) where appropriate, pursuant to the Convention, the evidence referred to in paragraph 2 of that Article and the supplementary information referred to in paragraph 3 thereof,
|
|
| |
the Minister shall transmit the notification and the other documents referred to in paragraph (b) to the licensing authority that granted, or to which it would fall to grant, a licence to the person.
|
|
| |
(2) On application to the appropriate judge in that behalf by a licensing authority that has received a notification under subsection (1) and the other documents and, where appropriate pursuant to the Convention, the evidence and information referred to in that subsection, the judge shall, on being satisfied as to the matters specified in paragraph (a) and (b) of subsection (1) and subject to the provisions of this section, make an order declaring the person to whom the notification relates to be disqualified for holding a licence for the period referred to in subsection (1)(a) beginning on such day as may be specified in the order.
|
|
| |
(3) (a) In proceedings under subsection (2) a certificate signed by an officer of the Minister authorised in that behalf by the Minister and stating that a document identified by and attached to the certificate—
|
|
| |
(i) is the notification referred to in Article 3 of the Convention of the driving disqualification concerned or a document referred to, or a document containing the details, evidence or supplementary information referred to, in Article 8 of the Convention, and
|
|
| |
(ii) was received by the Minister from a competent authority of the State of the offence concerned in accordance with the said Article 8,
|
|
| |
shall be admissible as evidence of, as the case may be, the notification aforesaid or the document so referred to or the details, evidence or supplementary information so referred to.
|
|
| |
(b) A document purporting to be a certificate under paragraph (a) shall be deemed to be such a certificate and to have been signed by the person purporting to have signed it and to have been so signed in accordance with an authorisation of the Minister until the contrary is shown.
|
|
| |
(4) The period of disqualification for holding a licence to which a person is subjected pursuant to subsection (2) shall not exceed the maximum period of disqualification for holding a licence which could be ordered by a court following conviction in the State for an offence consisting of the conduct to which the specified offence concerned relates.
|
|
| |
(5) So much of a period of disqualification referred to in subsection (1) as has been served in the State of the offence shall be deducted from any period of disqualification under subsection (2).
|
|
| |
(6) An order shall not be made under subsection (2)—
|
|
| |
(a) if the person concerned has been disqualified under Part III of the Principal Act or this Act for holding a licence in respect of the conduct constituting the specified offence to which the application under subsection (2) relates and the period of the disqualification is current or has expired,
|
|
| |
(b) if the person concerned would have benefited from a general pardon or amnesty if the conduct aforesaid has occurred in the State,
|
|
| |
(c) if the period of time between the commission of the specified offence concerned and the institution of the proceedings in respect of it that led to the disqualification referred to in subsection (1) was longer than the period within which proceedings in respect of the conduct a foresaid would be required by law to be instituted in the State, or
|
|
| |
(d) if, in the circumstances of the case and having considered any information and evidence referred to in Article 8 of the Convention, the appropriate judge considers that the person concerned did not have an adequate opportunity to defend himself or herself in the proceedings aforesaid.
|
|
| |
(7) The appropriate judge may refuse to make an order under subsection (2) if—
|
|
| |
(a) the conduct for which the disqualification referred to in subsection (1) was imposed—
|
|
| |
(i) does not constitute an offence under the law of the State, or
|
|
| |
(ii) does not constitute an offence under the law of the State for which disqualification for holding a licence may be ordered by a court,
|
|
| |
or
|
|
| |
(b) a period of less than one month of the disqualification referred to in subsection (1) remains unexpired on the date on which the order falls to be made or the disqualification is for a period of less than one month.
|
|
| |
(8) When the appropriate judge makes or refuses to make an order under subsection (2), the clerk of the District Court concerned or such other member of the staff of the Courts Service as that Service may designate shall notify the Minister of such making or refusal, and the Minister shall cause the central authority of the State of the offence to be notified thereof.
|
|
| |
(9) Where, by reason of the commission, after the entry into force of the Convention, of a specified offence in the State by a person who is normally resident in another Member State (“the State of residence”), a driving disqualification is imposed in the State on the person—
|
|
| |
(a) the registrar or clerk of the court concerned or such other member of the staff of the Courts Service as that Service may designate shall notify the Minister of the disqualification as soon as may be and shall comply with any request of the Minister to that Service for further details or information relating to the person, the offence, the disqualification or otherwise required for the purposes of the Convention,
|
|
| |
(b) upon receipt by the Minister of the notification under paragraph (a) the Minister shall, subject to paragraph (d), without delay notify the central authority of the State of residence of the disqualification,
|
|
| |
(c) the Minister shall—
|
|
| |
(i) ensure that Article 8 of the Convention is complied with in relation to the notification and may do, or cause to be done, all things necessary for that purpose, including the translation (if required pursuant to Article 9.2 of the Convention), certification and attestation of any document,
|
|
| |
(ii) if necessary, request the Courts Service to provide such further details or information as he or she considers necessary for the purposes of his or her functions under this subsection and the Convention, and
|
|
| |
(iii) without delay notify the central authority aforesaid of any such details or information,
|
|
| |
and
|
|
| |
(d) the Minister shall not be obliged to comply with paragraphs (b) and (c) if—
|
|
| |
(i) the case is one to which an agreement under Article 3.2 of the Convention between the State and the State of residence applies and the agreement is in force, or
|
|
| |
(ii) the circumstances of the case fall within subparagraph (a), (b) or (c) of paragraph 2 of Article 6 of the Convention and the State of residence has made a declaration under paragraph 3 of that Article that it will always apply that subparagraph and the declaration is in force.
|
|
| |
(10) The Minister shall be the competent authority and the central authority for the purposes of the Convention.
|
|
| |
(11) Judicial notice shall be taken of the Convention.
|
|
| |
(12) (a) In this section—
|
|
| |
“appropriate judge” means the judge of the District Court for the time being assigned to the District Court District where the person the subject of the application concerned under subsection (2) ordinarily resides or carries on any profession, business or occupation;
|
|
| |
“the Convention” means the Convention drawn up on the basis of Article K.3 of the Treaty on European Union on Driving Disqualifications done at Brussels on the 17th day of June, 1998, the text of which, in the English language is, for convenience of reference set out in the Second Schedule;
|
|
| |
“Member State” means a state that is a member of the European Union;
|
|
| |
“specified offence” means an offence arising from conduct referred to in the Annex to the Convention.
|
|
| |
(b) A word or expression that is used in this section and is also used in the Convention has in this section, unless the context otherwise requires, the same meaning as it has in the Convention.
|
