Uncertainty over how changes will be enforced
A number of sources have admitted they did not know what they were going to do until they saw the directive from Garda headquarters. There was some confusion yesterday as to whether the directive had been issued, but sources told the Irish Examiner no directive had yet been sent out.
“A copy of the commencement order has been issued, but no directive from Garda Headquarters has been issued,” said one senior source.
Under the changes, second provisional licence holders are required — like those on their first or third licences — to have a fully-qualified driver of at least two years’ experience in their company. They must also display their L-plate sign.
Failure to do either is a breach of the law and drivers face being summonsed to appear in court, where they face, on conviction, a fine of up to €1,000.
“We received no information about it — that it was coming down the line,” said a traffic source. “Until we see a directive from management, it won’t be enforced.”
The source said a possible problem could be if a provisional licence holder is involved in an accident. “The question will be, ‘Are they covered?’ Insurance companies may sit on the fence. If they are not covered what would be
a minor traffic offence, would be a major one.”
A second garda traffic source said it would be “very difficult” to enforce the changes before gardaí read the directive.
He said he expected individual gardaí to have discretion on enforcement.
“Luckily, the gardaí still have discretion to prosecute or not, but it depends on what comes down the line in the regulations.”
He added: “With the lack of public transport and with parents too busy to accompany their kids, there may not be prosecutions. It will depend on the judges.”
Garda sources said that if the bulk of second provisional drivers continued to drive and were prosecuted it would clog up the courts, already struggling with motor offences.
A statement from the Garda Press Office said individual gardaí would continue to take into account “all the circumstances” when deciding whether or not to issue a caution or to prosecute.
