S.I. No. 193/2025 - Road Traffic (Licensing of Drivers) (Amendment) Regulations 2025
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 16th May, 2025. | ||
I, DARRAGH O’BRIEN, Minister for Transport, in exercise of the powers conferred on me by sections 5 (1), 22 , 23 (2), 35 and 42 of the Road Traffic Act 1961 (No. 24 of 1961) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Transport, Tourism and Sport (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 351 of 2020 ), hereby make the following regulations: | ||
1. These Regulations may be cited as the Road Traffic (Licensing of Drivers) (Amendment) Regulations 2025. | ||
2. These Regulations come into operation on 19 May 2025. | ||
3. The Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ) are amended – | ||
(a) in Regulation 3(1), by the insertion of the following definitions: | ||
“ ‘Act of 1956’ means Irish Nationality and Citizenship Act 1956 (No. 26 of 1956); | ||
‘Act of 2010’ means Social Welfare and Pensions Act 2010 (No. 37 of 2010); | ||
‘Act of 2015’ means International Protection Act 2015 (No. 66 of 2015);”, | ||
(b) in Regulation 12, by the insertion of the following paragraph after paragraph (4): | ||
“(4A) An application for a driving licence made on or after 19 May 2025 shall be accompanied by evidence that the applicant has a legal right to reside in the State specified in Regulation 54A.”, | ||
(c) by the insertion of the following regulation after Regulation 14: | ||
“Revocation of driving licence – expiry of right to reside in State | ||
14A. (1) Where a person provides a document specified in Regulation 54A(1)(i) with his or her application for a licence, as evidence that he or she has a legal right to reside in the State, and such document expires, the licence shall, subject to paragraph (2), stand revoked – | ||
(a) where the document expires after the second anniversary of the grant of the licence, on the day 30 days after the date of such expiration, or, | ||
(b) where the document expires before the second anniversary of the grant of the licence, on the day 30 days after the second anniversary of the grant of the licence. | ||
(2) Where, during the period of 30 days referred to in paragraph (1) the applicant provides the licensing authority with evidence specified in Regulation 54A that he or she has, at that time, a legal right to reside in the State that evidence shall be deemed to be evidence provided by the person with his or her application for an Irish driving licence. | ||
Revocation of driving licence – failure to meet requirements or fraud | ||
14B. (1) Where, after a driving licence is granted, the licensing authority determines that any document provided with the application was, at the time of the application, invalid or no longer in force or was or is false or misleading in any material respect the licensing authority shall notify the licence holder at his or her last known address. | ||
(2) Where the licensing authority notifies a licence holder in accordance with paragraph (1) the licence shall stand revoked on the date on which the Minister notifies the holder of the Irish driving licence.”, | ||
(d) in Regulation 19(3), by the insertion of “that was not revoked under Regulation 21A(2)” after “preceding the date of application”, | ||
(e) in Regulation 20, by the insertion of the following paragraph after paragraph (5): | ||
“(5A) An application for a learner permit made on or after 19 May 2025 shall be accompanied by evidence that the applicant has a legal right to reside in the State specified in Regulation 54A.”, | ||
(f) by the insertion of the following regulation after Regulation 21: | ||
“Revocation of learner permit – failure to meet requirements or fraud | ||
21A. (1) Where, after a learner permit is granted, the licensing authority determines that any document provided with the application for the permit was, at the time of the application, invalid or no longer in force or is or was false or misleading in any material respect the licensing authority shall notify the permit holder at his or her last known address. | ||
(2) Where the licensing authority notifies a permit holder in accordance with paragraph (1) the permit shall stand revoked on the date on which the Minister notifies the holder of the learner permit.”, | ||
(g) in Regulation 27(1), by the insertion of “other than a licence revoked under Regulation 14B(2)” after “the holder of a driving licence”, | ||
(h) by the substitution of the following table for the table to Regulation 32(2)(b): | ||
“ | ||
TABLE | ||
”, | ||
and | ||
(i) by the insertion of the following regulation after Regulation 54: | ||
“Evidence of legal right to reside in the State | ||
54A. (1) Each of the following shall be evidence that a person has a legal right to reside in the State for the purposes of an application for an Irish driving licence or a learner permit: | ||
(a) where the applicant is the holder of a current public services card (within the meaning given to it by section 263(1) (inserted by section 9(1) of the Act of 2010) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005) and the applicant’s nationality, as contained in the card, is of a member state of the European Union or the European Economic Area or of Switzerland or the United Kingdom, such public services card; | ||
(b) where the applicant was born before 1 January 2005, a birth certificate or an adoption certificate showing the applicant’s place of birth to be in Ireland; | ||
(c) where the applicant was born before 1 January 1983, a birth certificate or an adoption certificate showing the applicant’s place of birth to be in the United Kingdom; | ||
(d) a document in respect of the applicant purporting to be a copy of an entry in a foreign births entry book or in the foreign births register, both of which are kept under section 27 of the Act of 1956, and which is duly authenticated as such; | ||
(e) a certificate of naturalisation issued under the Act of 1956; | ||
(f) an Irish passport or passport card in respect of the applicant (current or expired by no more than 12 months); | ||
(g) a current passport issued in respect of the applicant by a member state of the European Union or the European Economic Area or by Switzerland or the United Kingdom and which is valid for international use; | ||
(h) a current national identity card issued in respect of the applicant by a member state of the European Union or the European Economic Area or by Switzerland; | ||
(i) when presented with a current passport valid for international use issued in respect of the applicant or with a current public services card (within the meaning given to it by section 263(1) (inserted by section 9(1) of the Act of 2010) of the Social Welfare Consolidation Act 2005 (No. 26 of 2005)) in respect of the applicant – | ||
(i) a registration certificate issued under section 9 of the Immigration Act 2004 (No. 1 of 2004) which has not expired on the date of the application; | ||
(ii) a temporary residence certificate given to the applicant under section 17 of the Act of 2015 which is valid on the date of the application; | ||
(iii) a permission to reside in the State given to the applicant under section 60(6) of the Act of 2015 which is valid on the date of the application.”. | ||
| ||
GIVEN under my Official Seal, | ||
13 May, 2025. | ||
DARRAGH O’BRIEN, | ||
Minister for Transport. | ||
EXPLANATORY NOTE | ||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||
These Regulations provide for the revocation of driving licences and learner permits where they have been obtained fraudulently or where certain residence documents expire. | ||
