Road Traffic Act, 1994

Consequential disqualification orders.

26.—The following section shall be substituted for section 26 of the Principal Act:

“26.—(1) Subject to subsection (5) (b) of this section, where a person is convicted of an offence specified in the Second Schedule to this Act, the court shall make an order (in this Act referred to as a consequential disqualification order) declaring him to be disqualified for holding a driving licence.

(2) Subject to subsection (3) of this section, a consequential disqualification order shall operate to disqualify the person to whom the order relates for holding any driving licence whatsoever during a specified period or during a specified period and thereafter until he has produced to the appropriate licensing authority, as may be specified in the order, a certificate of competency or a certificate of fitness or both.

(3) A consequential disqualification order resulting from a conviction for an offence under section 49 or 50 or section 53, where the contravention involved the driving of a mechanically propelled vehicle or section 106, where the contravention involved non-compliance with paragraph (a) or (b) of subsection (1) of that section, injury was caused to person, a mechanically propelled vehicle was involved in the occurrence of the injury and the convicted person was the driver of the vehicle concerned, of this Act or section 13 , 14 or 15 of the Road Traffic Act, 1994, shall operate to disqualify the person to whom the order relates for holding any driving licence whatsoever during a specified period and, unless the court is satisfied that a special reason (which it shall specify when making its order) has been proved by the convicted person to exist in his particular case such that it should not so operate, 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.

(4) (a) Subject to paragraph (b) of this subsection, the period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under—

(i) section 49 or 50 of this Act,

(ii) section 53 of this Act tried on indictment,

(iii) section 106 of this Act, where the contravention involved non-compliance with paragraph (a) or (b) of subsection (1) of that section, injury was caused to person, a mechanically propelled vehicle was involved in the occurrence of the injury and the convicted person was the driver of the vehicle concerned, or

(iv) section 13, 14 or 15 of the Road Traffic Act, 1994,

be not less than 2 years in the case of a first offence under the section concerned and not less than 4 years in the case of a second or any subsequent conviction for an offence under the same section.

(b) The period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under—

(i) section 49 or 50 of this Act, or

(ii) section 13, 14 or 15 of the Road Traffic Act, 1994,

and the court is satisfied that a special reason (which it shall specify when making its order) has been proved by the convicted person to exist in his particular case to justify such a period, be less than 2 years but not less than 1 year in the case of a first offence under the section concerned.

(5) (a) Subject to paragraph (b) of this subsection, the period of disqualification specified in a consequential disqualification order shall, where the person to whom the order relates is convicted of an offence under—

(i) section 53 of this Act tried summarily, or

(ii) section 56 of this Act,

be not less than 1 year in the case of a first offence under the section concerned and not less than 2 years in the case of a second or any subsequent offence under the same section committed within the period of 3 years from the date of the commission of the previous offence or, in the case of more than one such offence, the last such offence.

(b) Where a person is convicted of an offence under—

(i) section 53 of this Act tried summarily, or

(ii) section 56 of this Act,

the court may, in the case of a first offence under the section concerned, where it is satisfied that a special reason (which it shall specify when making its order) has been proved by the convicted person to exist in his particular case to justify such a course—

(I) decline to make a consequential disqualification order, or

(II) specify a period of disqualification in the consequential disqualification order of less than 1 year.

(6) Where a person is convicted of an offence under section 49 or 50 of this Act (whether before or after the commencement of sections 10 and 11 of the Road Traffic Act, 1994) or section 13 , 14 or 17 of the Road Traffic (Amendment) Act, 1978 , or section 13 , 14 or 15 of the Road Traffic Act, 1994 (‘the former section’) and is subsequently convicted of one or more offences under any other of those sections (‘the latter section’) the conviction under the latter section shall, for the purposes of this section, be regarded as a second or, as the case may be, a subsequent conviction for an offence under the latter section.

(7) The period of disqualification specified in a consequential disqualification order shall, in a case not coming within subsection (4) or (5) of this section, be not less than 6 months.

(8) Where a person is convicted of an offence (‘the later conviction’) under section 49 or 50 of this Act (whether before or after the commencement of sections 10 and 11 of the Road Traffic Act, 1994) or section 13 , 14 or 17 of the Road Traffic (Amendment) Act, 1978 , or section 13 , 14 or 15 of the Road Traffic Act, 1994, and—

(a) the conviction is, or is by virtue of subsection (6) of this section to be regarded as, a second or subsequent conviction for an offence under the same section, and

(b) a period of 4 years or more during which such person was not disqualified for holding a driving licence has elapsed since the previous conviction of the person by reference to which the later conviction is, or is by virtue of the said subsection (6) to be regarded as, a second or subsequent conviction,

the court may, for the purposes of this section, deal with the later conviction as a first conviction.

(9) Subject to subsections (10) and (11) of this section, in every case in which an appeal may be brought in respect of a conviction for an offence on conviction of which a consequential disqualification order may be made, jurisdiction to make, confirm, annul or vary a consequential disqualification order is hereby conferred on the appellate court unless it otherwise has that jurisdiction or the conferring of that jurisdiction is unnecessary because the appeal is by way of rehearing.

(10) A consequential disqualification order shall not be annulled on appeal unless—

(a) the conviction by reference to which it was imposed is reversed, or

(b) the provisions of subsection (5) (b) of this section apply.

(11) Where a consequential disqualification order is, on an appeal, made or varied, the requirements of subsections (2) to (7) of this section shall be complied with and the provisions of subsection (8) of this section, where relevant, shall also apply.”.