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Driving without driving licence.
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12.— Section 38 of the Principal Act is amended—
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(a) in subsection (2), by substituting for paragraph (a) the following:
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“(a) A person who contravenes subsection (1) is guilty of an offence and, subject to subsection (5), is liable on summary conviction—
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(i) where at the time of the commission of the offence he or she had been the holder of a driving licence (other than a learner permit) which had expired beyond its period of validity for a period of not more than 12 months before the commission of the offence, to a fine not exceeding €1,000, and
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(ii) in any other case, to a fine not exceeding €2,000.”;
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and
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(b) by substituting for subsection (5) the following:
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“(5) A person—
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(a) who is summarily convicted of the offence of contravening subsection (1) and was at the time he or she committed the offence—
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(i) disqualified for holding a driving licence, or
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(ii) a person required to produce a certificate of competency or a certificate of fitness before obtaining a driving licence,
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in lieu of the penalty mentioned in subsection (2)(a), or
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(b) who is summarily convicted of the offence of contravening subsection (3) in a case in which the person employed to drive the vehicle was at the time he or she drove the vehicle—
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(i) disqualified for holding a driving licence, or
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(ii) a person required to produce a certificate of competency or a certificate of fitness before obtaining a driving licence,
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in lieu of the penalty mentioned in section 102,
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is liable to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both.”.
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