In certain circumstances, Irish legislation provides an avenue for individuals who have been disqualified from holding a driving licence to apply to Court for the early restoration of their driver’s licence. (1)
What is a restoration of a driving licence?
If you are successful in your application to have your driving licence restored, you are essentially reducing the period of disqualification that has been placed on you. However, there are time limits which must be adhered to and these are explained below.
How long until my licence can be restored?
You can apply to have your licence restored when you have completed one half of the length of your disqualification order. However, your licence cannot be restored until two-thirds of the disqualification period has been served. Therefore, if you are successful in your application, the Court will direct the removal of the disqualification from a specified date which enables the disqualification to be in effect for at least two-thirds of the period provided for in the disqualification order, or a period of two years, whichever is greater.
How do I apply for a restoration of my licence?
This application is made by way of oral hearing in Court before a Judge. Certain criteria must be satisfied before an application of this nature can be made and these are set out in further detail below.
Which Court do I have to apply to?
This application is brought in the Court which made the disqualification order. In practice, such orders are generally made in the District Court.
How long does it take to apply?
This is usually dependent on the size of the Court lists which may vary depending on which District you are seeking to bring the application. Generally speaking, your application should be before the Court in a matter of weeks.
What conditions have to be met?
A court may not consider an application for the restoration of a driving licence unless the following conditions have been met:
- The applicant must have been disqualified from holding a driving licence for a period of more than two years;
- The order disqualifying the applicant for more than two years was the first such order within a 10 year period;
- The applicant has completed one-half (50%) of the period of the disqualification order; and
- The applicant has given 14 days’ notice in writing of the application to the superintendent of the Garda Síochána for the District in which the applicant ordinarily resides.
Can the Judge refuse to restore my licence?
Like all applications that come before a Court, a specific outcome cannot be guaranteed and it is always open to the Judge hearing your application to refuse to restore your licence.
When considering applications of this nature, the Judge has a wide discretion to consider any factor they deem relevant. They must determine your fitness to drive and obey road traffic law and they generally do so by seeking to establish the following
- That the applicant did not commit any offences under the Road Traffic Acts during the disqualification period and/or that the applicant obeyed the disqualification order.
- Whether the applicant complied with any penalties imposed in respect of the offence for which he or she was disqualified – an example of this would be the paying of a fine.
- Whether there is a record of the disqualification on the applicant’s driving licence.
- Whether the applicant has a good reason for applying to have their licence restored – an example of this would be where it is needed to earn a livelihood, family reasons or general hardship.
On hearing your application and after considering all of the relevant factors, the Judge may, where they consider it to be appropriate, refuse or grant your application.
Can I appeal if the Judge refuses to restore my licence?
If you are unsuccessful in your application, it is open to you to appeal the decision of the District Court to the Circuit Court. The appeal is known as a ‘de novo’ appeal which is the complete rehearing of the matter. However, it is important to note that new evidence is generally not permitted unless the interests of justice so require.
Do I need a Solicitor?
Yes, it is advised to have a Solicitor who practises in this area of law to give your case the best chance of having a positive outcome.
How much does it cost?
At Daniel Kreith & Co. Solicitors, we charge €1,000.00 plus VAT for making an application for the early restoration of your driving licence. In addition to our fee, the Court Service Stamp Duty fee of €55.00 will be payable. This stamp duty may increase if the application is brought in a higher court.
Conclusion
If you have been the subject of a disqualification order and are seeking to have your driving licence restored, please contact Daniel Kreith & Co. Solicitors today for more information.
