Civil Law (Miscellaneous Provisions) Act 2022

Amendment of Road Traffic Act 2010

47. The Road Traffic Act 2010 is amended—

(a) in section 60—

(i) by the insertion of the following subsection after subsection (1):

“(1A) Notwithstanding subsection (1) a member of the Garda Síochána may, in the case of a licence referred to in paragraph (d) of the definition of driving licence in subsection (6A), seize, under this section, only the document referred to in subparagraph (i) of that paragraph.”,

(ii) in subsection (2) —

(I) in paragraph (b), by the insertion of “referred to in paragraph (b) or (c) of the definition of driving licence in subsection (6A)” after “a foreign licence”, and

(II) by the insertion of the following paragraph after paragraph (b):

“(ba) in the case of a foreign licence referred to in paragraph (d) of the definition of driving licence in subsection (6A), give or send only the document referred to in subparagraph (i) of that paragraph, to the licensing authority.”,

(iii) by the insertion of the following subsection after subsection (6):

“(6A) In this section—

‘driving licence’, notwithstanding the definition of driving licence in section 3 of the Principal Act, means—

(a) an Irish driving licence,

(b) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle referred to in the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 issued by the competent authority of another Member State or a member state of the European Economic Area, but does not include a licence or permit so issued to a person to enable the person to learn to drive or provisionally to drive a vehicle,

(c) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle recognised by an order made under section 23A(1) of the Principal Act, or

(d) both—

(i) a licence or permit to drive a mechanically propelled vehicle in respect of a category of vehicle recognised by an order made under section 23B(1) of the Principal Act, and

(ii) the permission to reside given to a relevant person who holds a licence or permit referred to in subparagraph (i);

‘licensing authority’ has the meaning given to it by section 21 of the Principal Act;

‘permission to reside’ means a permission under section 60 (6) of the International Protection Act 2015 , which permission is valid;

‘relevant person’ means a person who has been given a permission to reside.”,

(b) in section 61, by the insertion of the following subsection after subsection (8):

“(8A) In this section—

‘driving licence’ has the meaning given to it by section 60(6A);

‘permission to reside’ means a permission under section 60 (6) of the International Protection Act 2015 , which permission is valid;

‘relevant person’ means a person who has been given a permission to reside.”.