Road Traffic Act, 1961
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Provisional licence. |
35.—(1) A person who desires to learn to drive mechanically propelled vehicles of any class in order to pass a test for a certificate of competency may, except in such cases as may be prescribed, apply for a licence (in this Part of this Act referred to as a provisional licence) licensing him provisionally to drive mechanically propelled vehicles of that class in a public place. | |
(2) An application for a provisional licence— | ||
(a) shall be made to the licensing authority in whose functional area the applicant ordinarily resides, | ||
(b) shall be in accordance with the relevant regulations under this Part of this Act, and | ||
(c) shall be accompanied by the appropriate fee, | ||
and where any such application is duly made as aforesaid, a provisional licence shall be granted by the licensing authority. | ||
(3) A provisional licence shall have effect in accordance with its terms and— | ||
(a) in a prosecution for an offence under subsection (2) of section 38 of this Act, it shall be a good defence for the defendant to show that, at the time he drove the vehicle, he held a provisional licence then having effect and licensing him to drive the vehicle, | ||
(b) in a prosecution for an offence under subsection (4) of that section, it shall be a good defence for the defendant to show that the person employed to drive the vehicle held, at the time he drove the vehicle, a provisional licence then having effect and licensing him to drive the vehicle, | ||
(c) in a prosecution for an offence under section 40 of this Act, it shall be a good defence for the defendant to show that, in lieu of producing a driving licence in accordance with that section, he produced a provisional licence having effect at the material time and licensing him to drive the vehicle and that he permitted the member of the Garda Síochána to whom it was produced to read it. |