Road Traffic Act, 1995

Transitional.

3.—(1) Notwithstanding the provisions of subsections (1) and (1A) of section 29, where a person is convicted of an offence under—

(a) section 49 or 50 of the Act of 1961,

(b) section 53 of the Act of 1961, tried summarily, or

(c) section 13, 14 or 15 of the Act of 1994,

committed on or after the 2nd day of December, 1994, but before the passing of this Act, and the court has, pursuant to the provisions of section 26, made a consequential disqualification order operating to disqualify the person for holding any driving licence whatsoever during—

(i) a specified period, and

(ii) thereafter until he has produced to the appropriate licensing authority, as may be specified in the order, a certificate of competency or both a certificate of competency and a certificate of fitness,

the person may apply to the court which made the order for a declaration that the order shall, to the extent, but only to the extent, that it operates to impose the requirement referred to in paragraph (ii) of this subsection, cease to have effect and, if that court considers that circumstances exist which justify such a course, it may make the declaration and, if it does so, the order shall cease to have effect to the extent aforesaid.

(2) (a) Notwithstanding the provisions of subsections (1) and (1A) of section 29, where—

(i) a person is convicted of an offence under—

(I) section 49 of the Act of 1961 consisting of a contravention of subsection (2) or (3) of that section, or

(II) subsection (2) or (3) of section 50 of the Act of 1961,

committed on or after the 2nd day of December, 1994, but before the passing of this Act, and

(ii) the court has, pursuant to the provisions of section 26, made a consequential disqualification order in respect of the person,

the person may apply to the court which made the order for a reduction in the period of disqualification specified in the order and that court, if it considers that circumstances exist which justify such a course, may by order substitute in the disqualification order, for that period, a period that is less than that period but is not less than the period that would have been the appropriate period specified in column (3) or (4), as may be appropriate, of the Table to subsection (4) (inserted by this Act) of section 26 in relation to the offence if it had been committed after such passing.

(b) In paragraph (a) of this subsection, “appropriate period” has the meaning assigned to it by subsection (4) (b) (ii) of section 26.

(3) The provisions of subsections (2) to (8) of section 29 shall apply to applications under this section as they apply to applications under subsection (1) of that section.

(4) Where a consequential disqualification order has been varied under subsection (1) or (2) of this section, an application for the removal of the disqualification concerned may be made in accordance with the provisions of section 29.

(5) In this section, “section 29” means section 29 of the Act of 1961.