First Previous (PART II. Classification, etc., of Mechanically Propelled Vehicles.) Next (PART IV. Speed Limits for Mechanically Propelled Vehicles.)

11 1933

ROAD TRAFFIC ACT, 1933

PART III.

Licences to Drive Mechanically Propelled Vehicles.

Licensing authority.

21. —In this Part of this Act the expression “licensing authority” means the council of a county or of a county borough.

Prohibition of driving mechanically propelled vehicle without licence.

22. —(1) It shall not be lawful for any person to drive a mechanically propelled vehicle on any road unless he holds a licence (in this Act referred to as a driving licence) granted to him under this Part of this Act, and for the time being in force, and licensing him to drive such vehicle.

(2) It shall not be lawful for the owner of a mechanically propelled vehicle to employ another person to drive such mechanically propelled vehicle on any road unless the person so employed holds a driving licence granted to him under this Part of this Act, and for the time being in force, and licensing him to drive such vehicle.

(3) Every person who drives or who employs another person to drive a mechanically propelled vehicle in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding twenty pounds and, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and imprisonment.

(4) Every person who is summarily convicted of the offence under this section of driving a mechanically propelled vehicle in contravention of this section and was at the time he committed such offence disqualified for holding a driving licence shall be liable to the following punishment in lieu of the punishment mentioned in the foregoing sub-section, that is to say, in the case of a first offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment or, in the case of a second or any subsequent offence, to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

Restrictions on the holding of driving licences.

23. —(1) No person under the age of sixteen years shall hold a driving licence.

(2) No person shall hold at any time more than one driving licence which is for the time being in force.

Applications for driving licences.

24. —(1) Any person who is not under the age of sixteen years and is not f or the time being disqualified by or under this Act for holding a driving licence may apply to the licensing authority in whose functional area he ordinarily resides or carries on business for the grant to him by such authority of a driving licence or, where the circumstances so require, of a renewal of a driving licence then or previously held by him.

(2) Every application under this section shall be in the prescribed form and shall be signed by the applicant and shall state the age of the applicant and such other particulars as shall be prescribed and shall either be accompanied by a certificate of fitness granted under Part VI of this Act to the applicant within one month before the date of the application or contain or be accompanied by a declaration in the following form signed by the applicant, that is to say:—

“I hereby declare that to the best of my knowledge I am not suffering from any disease or physical or mental disability which would be likely to cause the driving of a mechanically propelled vehicle in a public place by me to be a source of danger to the public.”

(3) A statement in an application under this section that the applicant is over the age of twenty-one years shall be a statement of the age of the applicant within the meaning of the foregoing sub-section of this section.

(4) Where an application under this section is for the grant of a driving licence by way of renewal of a previously granted licence and the licensing authority to whom such application is made holds a certificate of fitness lodged by the applicant for the purpose of a previous application under this section, such first-mentioned application may, in lieu of a certificate of fitness, be accompanied by or contain a declaration in the following form signed by the applicant, that is to say:—

“I hereby declare to the best of my knowledge that since the issue to me of the certificate of fitness dated the     day of         I have not suffered any new or increased physical or mental disability which would affect the validity of that certificate.”

(5) If any person signs a declaration under this section which is false to his knowledge he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or at the discretion of the court to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(6) In any prosecution for an offence under this section, proof that the person so prosecuted is the holder of a driving licence granted after the commencement of this Part of this Act shall be evidence, until the contrary is proved, that a declaration in the form required by this section has been signed by such person.

Granting of driving licences.

25. —(1) When an application is duly made under and in accordance with this Part of this Act to a licensing authority for a driving licence and there has been paid to such licensing authority by the applicant the excise duty for the time being required by law to be paid on the taking out of a driving licence, such licensing authority shall, unless it appears to them that the applicant is under the age of sixteen years or is disqualified by or under this Act for holding a driving licence or neither ordinarily resides nor carries on business in their functional area, grant to such applicant a driving licence.

(2) Every driving licence shall be in the prescribed form and shall contain a statement of the age of applicant as stated by him in his- application for such licence, the date on which such licence commences under this section, and such other matters as are required by this Act to be contained therein.

(3) A driving licence granted under this section by a licensing authority to a person who holds or held a driving licence pre viously granted to him by such licensing authority which either is still in force or expired within the previous three months may be so granted by way of renewal of such previously granted licence.

(4) Where the person to whom a driving licence is granted under this section by a licensing authority holds at the time of such grant a driving licence previously granted to him by the said or any other licensing authority and still unexpired, the first-mentioned driving licence shall commence immediately after the expiration of such previously granted licence, and in every other case a driving licence granted by a licensing authority shall commence immediately upon the grant thereof.

(5) Where a person satisfies a licensing authority that a driving licence granted to him by such licensing authority has been lost, mutilated, or destroyed, such licensing authority may issue to such person a duplicate of such licence and may charge therefor a fee not exceeding one shilling.

Operation of driving licences.

26. —(1) Save as hereinafter otherwise provided, every driving licence granted after the commencement of this Part of this Act shall operate and be expressed to operate to license the person to whom it is granted—

(a) if or when such person has attained the age of sixteen years and is under the age of seventeen years, to drive a motor cycle, and

(b) if or when such person has attained the age of seventeen years and is under the age of eighteen years, to drive any kind of light motor vehicle or motor cycle, and

(c) if or when such person has attained the age of eighteen years and is under the age of twenty-one years, to drive any kind of mechanically propelled vehicle except a heavy motor vehicle or a locomotive while such vehicle or locomotive is actually carrying passengers for reward, and

(d) if or when such person has attained the age of twenty-one years, to drive any kind of mechanically propelled vehicle.

(2) Where a person holds, at the commencement of this Part of this Act, a licence granted to him under section 3 of the Motor Car Act, 1903, and in force at such commencement, whichever of the following provisions is applicable shall have effect, that is to say:—

(a) if such person held a licence or licences under the said section 3 continuously during a period of not less than six months ending at such commencement, such licence or the later of such licences (as the case may be) and every licence granted by way of renewal thereof under this Part of this Act shall (in addition and without prejudice to any other operation or effect which such licence or renewal may have under this Part of this Act) operate to licence such person as from such commencement to drive any class of mechanically propelled vehicle which such licence licensed him to drive immediately before such commencement, or

(b) if such person held a licence or licences under the said section 3 continuously during a period of less than six months but not less than two months ending at such commencement and was immediately before such commencement driving a mechanically propelled vehicle for the purpose or in the course of earning his livelihood, such licence or the later of such licences (as the case may be) and every licence granted by way of renewal thereof under this Part of this Act shall (in addition and without prejudice to any other operation or effect which such licence or renewal may have under this Part of this Act) operate to licence such person as from such commencement to drive the mechanically propelled vehicle which he was so driving as aforesaid and any other mechanically propelled vehicle of the same class as that vehicle.

(3) Every driving licence granted under this Part of this Act (including a driving licence so granted by way of renewal) to a person who has at any time previously lodged with the licensing authority a certificate of limited fitness shall be and be expressed to be limited to the driving of a mechanically propelled vehicle which is of the particular class or one of the particular classes mentioned in that behalf in such certificate or the latest of such certificates and indicated in such licence and is equipped with the special fittings or special features mentioned in such certificate or the latest of such certificates and specified and described in such licence in the same terms as they are specified and described in such certificate or latest certificate, as the case may be.

(4) Every driving licence granted under this Part of this Act (including a driving licence so granted by way of renewal) to a person who has at any time previously lodged with the licensing authority a certificate of fitness to drive an invalid carriage shall be and be expressed to be limited to the driving of a mechanically propelled vehicle which is of the particular class or one of the particular classes mentioned in that behalf in such certificate or the latest of such certificates and indicated in such licence and of the special design and construction mentioned in such certificate or the latest of such certificates and specified and described in such licence in the same terms as it is specified and described in such certificate or latest certificate, as the case may be.

Signing of driving licence by grantee thereof.

27. —(1) It shall be the duty of every person to whom a driving licence is granted after the commencement of this Part of this Act forthwith to sign his name on such licence in the place indicated in that behalf therein.

(2) Notwithstanding anything contained in this Act, no driving licence granted after the commencement of this Part of this Act shall be in force or of any effect until the person to whom it is granted has signed his name thereon in accordance with this section.

Duration of driving licence.

28. —Subject to the provisions of this Part of this Act, every driving licence shall remain in force for twelve months from the date on which it commences and shall then expire.

Driving mechanically propelled vehicle when unfit.

29. —Every person who drives a mechanically propelled vehicle in a public place when he is to his knowledge suffering from any disease or physical or mental disability which would be likely to cause the driving of such vehicle by him in a public place to be a source of danger to the public shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding ten pounds or, in the case of a second or any subsequent offence, to a fine not exceeding twenty-five pounds.

Driving mechanically propelled vehicle while drunk.

30. —(1) Every person who drives or attempts to drive a mechanically propelled vehicle in a public place while he is drunk shall be guilty of an offence under this section and on summary conviction thereof shall be liable, in the case of a first offence under this section, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment and, in the case of a second or any subsequent offence under this section to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(2) Whenever a person is convicted of an offence under this section the court by whom such person is so convicted shall make an order (in this Act referred to as a consequential disqualification order) declaring such person to be disqualified for holding a driving licence during such period as such court shall think proper and shall specify in such order but not less than the appropriate minimum period.

(3) For the purposes of this section but no further or otherwise a person shall be deemed to have been drunk while driving or attempting to drive a mechanically propelled vehicle if the court is satisfied that such person was, by reason of the consumption by him of intoxicating liquor or by reason of his having taken drugs, in such condition that he was incapable of exercising effective control over such vehicle while in motion.

(4) Whenever a member of the Gárda Síochána is of opinion that an offence under this section is being or has been committed he may arrest without warrant the person believed by him to be committing or to have committed such offence.

(5) Where a person is convicted by a Justice of the District Court of an offence under this section an appeal shall lie from such conviction to the Judge of the Circuit Court within whose Circuit the district or any part of the district of such Justice is situate and the decision of such Judge shall be final and conclusive, and on the hearing of such appeal such Judge shall, if he affirms such, conviction, confirm the consequential disqualification order made in respect of such person but may, in case the period specified in such order exceeds the appropriate minimum period, reduce the period specified in such order to such period (not being less than the appropriate minimum period) as he shall think proper.

(6) In this section the expression “the appropriate minimum period” means—

(a) in relation to the first conviction of a person under this section, twelve months from the date of such conviction;

(b) in relation to the second or any subsequent conviction of a person under this section, three years from the date of such conviction.

Ancillary disqualification orders.

31. —(1) Where a person is convicted of an offence under this Act or otherwise in relation to a mechanically propelled vehicle or the driving of any such vehicle (other than an offence under the next foregoing section of this Act) or of a crime or offence in the commission of which a mechanically propelled vehicle was used, the court by whom such person is so convicted may, without prejudice to the infliction of any other punishment authorised by law, make an order (in this Act referred to as an ancillary disqualification order) declaring the person so convicted to be disqualified for holding a driving licence during such period as such court shall think proper and shall specify in such order.

(2) In every case in which an appeal may be brought in respect of the conviction of any person by any court of an offence on conviction of which an ancillary disqualification order may be made, the court having jurisdiction to hear such appeal shall have jurisdiction to confirm, annul or vary an ancillary disqualification order.

(3) An ancillary disqualification order made by a Justice of the District Court shall be subject to appeal in like manner as if such order were an order for the payment of a penal sum by the person against whom such order is made and section 18 of the Courts of Justice Act, 1928 (No. 15 of 1928) shall apply and have effect accordingly.

Special disqualification orders.

32. —(1) Where an officer of the Gárda Síochána not below the rank of superintendent suspects that a person who is the holder of a driving licence is by reason of mental or physical disability unfit to drive a mechanically propelled vehicle, such officer may apply to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides for an order under this sub-section in respect of such person, and if such Justice is satisfied that such person is by reason of mental or physical disability unfit to drive a mechanically propelled vehicle he may make an order declaring such person to be disqualified by reason of the mental or physical disability specified in such order for holding a driving licence during such period as such Justice shall think proper and shall specify in such order.

(2) A disqualification order made under this section may, if the Court making such order so thinks fit, authorise the person disqualified by such order to apply for a certificate of limited fitness or a certificate of fitness to drive an invalid carriage and, if he obtains such certificate, to receive and hold such driving licence as is permitted by this Act to be granted to a person holding such certificate.

(3) No order shall be made under this section in respect of any person unless not less than ten days previous notice in writing of the application for such order has been given to such person.

(4) Orders made under this section are referred to in this Act as special disqualification orders.

Operation of disqualification orders.

33. —(1) A person in respect of whom a disqualification order is made shall be disqualified for holding a driving licence during the period specified in that behalf in such order, and the driving licence (if any) held by such person at the date of such order shall be suspended until the expiration of such period or the expiration of such licence, whichever first happens.

(2) The operation of a disqualification order shall not be suspended or postponed by reason of an appeal being brought against such order or against the conviction as a result of which such order is made unless the court by which such order is made otherwise directs.

(3) Whenever a disqualification order is made in respect of a person who is, at the date of such order, the holder of a driving licence, such person shall, within five days after the making of such order, deliver such licence to the district court clerk of the district in which such order was made and such clerk shall thereupon send such licence to the licensing authority by which it was issued and such licensing authority shall retain such driving licence but shall, if the period of suspension under this section of such licence expires before such licence expires, return such licence to such person on demand made after the expiration of such period of suspension and before the expiration of such licence.

(4) Every person who is required by this section to deliver a driving licence to a district court clerk and fails so to deliver such licence within the time limited in that behalf by this section shall be guilty of an offence under this section and on summary conviction thereof shall, unless he satisfies the court that owing to the destruction of such licence or for any other reason he is unable to deliver such licence in accordance with this section, be liable to a fine not exceeding five pounds and a further fine not exceeding one pound for every day during which the offence continues.

(5) In this section the expression “disqualification order” includes a consequential disqualification order, an ancillary disqualification order, and a special disqualification order.

Discharge of special disqualification orders.

34. —(1) Any person in respect of whom a special disqualification order has been made may, at any time and (save as is hereinafter mentioned) from time to time after the expiration of three months from the date of such order and before the expiration of the period of disqualification specified in such order, apply to a Justice of the District Court having jurisdiction in the place where such person ordinarily resides for the discharge of such order and such Justice may, as he shall think proper having regard to all the circumstances of the case, either refuse such application or make an order discharging such special disqualification order as from such date as he shall think proper and shall specify in such order.

(2) Whenever an order is made under this section discharging a special disqualification order the period of disqualification specified in such special disqualification order shall for all purposes be deemed to expire on the date specified in such first-mentioned order for the discharge of such special disqualification order.

(3) When an application under this section for the discharge of a special disqualification order has been made and refused no application shall be made under this section for the discharge of the same special disqualification order within three months after such refusal.

(4) No order shall be made under this section discharging a special disqualification order unless not less than ten days previous notice in writing of the application for such order has been given to the superintendent of the Gárda Síochána for thedistrict in which the person making such application ordinarily resides.

Endorsement of driving licences.

35. —(1) Whenever a person who is the holder of a driving licence is convicted of an offence in connection with the driving of a mechanically propelled vehicle, the court may, if it does not make a consequential disqualification order or an ancillary disqualification order, cause particulars of such conviction to be endorsed in the prescribed manner on such licence.

(2) Whenever a person who is the holder of a driving licence is convicted of an offence in connection with the driving of a mechanically propelled vehicle and a consequential disqualification order or an ancillary disqualification order is made by the court on the conviction of such person of such offence, the court shall cause particulars of such conviction and such order to be endorsed in the prescribed manner on such licence.

(3) Whenever a special disqualification order is made in relation to any person the court shall cause particulars of such order to be endorsed in the prescribed manner on the driving licence (if any) held by such person.

Notification of orders and endorsements.

36. —Whenever a court makes a consequential disqualification order, an ancillary disqualification order, or a special disqualification order or an order annulling or varying any such disqualification order or an order discharging a special disqualification order or (without making any such disqualification order) causes particulars of a conviction to be endorsed on a driving licence, such court shall cause notice of such order or endorsement to be sent to the Minister who shall notify all licensing authorities in Saorstát Éireann of such order or endorsement.

Transfer of endorsement to new licence.

37. —(1) Whenever a driving licence (hereinafter referred to as the new licence) is granted under this Part of this Act to a person who is at the time of such grant or was previously thereto the holder of a driving licence (hereinafter referred to as the previous licence) which was endorsed under this Part of this Act, the licensing authority granting the new licence shall (unless such person has become entitled under this section to receive a driving licence free from endorsement) endorse on the new licence a copy of the endorsement or every endorsement on the previous licence, and the new licence so endorsed shall for all purposes be a driving licence endorsed under this Part of this Act.

(2) Where a person who is or has been the holder of a driving licence endorsed under this Part of this Act applies under and in accordance with this Act for a driving licence and satisfies the licensing authority to whom he so applies that during a continuous period of not less than three years or a series of discontinuous periods amounting in the aggregate to not less than ? five years he has lawfully held a driving licence and that from the commencement of such continuous period or the first of such discontinuous periods (as the case may be) until the date of such application he has not had a driving licence held by him endorsed under this Part of this Act otherwise than by a licensing authority endorsing under this section a new licence, the driving licence (if any) granted by such licensing authority to such person on such application shall be granted without any endorsement under this Part of this Act and shall not be for any purpose a licence endorsed under this Part of this Act and shall, if such person at the time of such application holds an unexpired driving licence and surrenders such driving licence to such licensing authority, commence immediately upon the grant thereof.

Penalties for obtaining licence when disqualified, etc.

38. —(1) If any person in respect of whom a consequential disqualification order or an ancillary disqualification order or a special disqualification order has been made applies for or obtains, before the expiration of the period of disqualification specified in such order, a driving licence (other than such (if any) driving licence as he may be authorised by such order to hold) he shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding fifty pounds or at the discretion of the court to imprisonment for any term not exceeding three months or to both such fine and such imprisonment or, in the case of a second or any subsequent offence, to a fine not exceeding one hundred pounds or at the discretion of the court to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(2) If any person whose driving licence or (in the case of a person who does not hold a driving licence) whose last driving licence is or was endorsed under this Part of this Act applies for or obtains a driving licence without giving particulars of such endorsement he shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding fifty pounds or at the discretion of the court to imprisonment for any term not exceeding three months or to both such fine and such imprisonment and, in the case of a second or subsequent offence, to a fine not exceeding one hundred pounds or at the discretion of the court to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(3) Whenever a person obtains a driving licence and is subsequently convicted of an offence under this section in respect of the obtaining of such licence, such licence shall be and be deemed always to have been void and of no effect.

Production of driving licences on demand by member of Gárda Síochána.

39. —(1) Any member of the Gárda Síochána may demand of any person driving a mechanically propelled vehicle the production of his driving licence, and if such person refuses or fails to produce such licence there and then he shall, unless within five days after the date on which such production was demanded he produces his licence in person to a member of the Gárda Síochána at a Gárda Síochána station to be named by such person at the time at which such production was so demanded, be guilty of an offence under this section.

(2) Whenever any person of whom the production of his driving licence is lawfully demanded under this section produces such licence, but refuses or fails to permit the member of the Gárda Síochána making such demand to read such licence, he shall be guilty of an offence under this section.

(3) Whenever any person of whom the production of his driving licence is lawfully demanded under this section refuses or fails to produce such licence or produces such licence but fails or refuses to permit the member of the Gárda Síochána making the demand to read such licence, or whenever any person produces his driving licence at a Gárda Síochána station in accordance with the provisions of sub-section (1) of this section but fails or refuses to permit the member of the Gárda Síochána to whom such licence is so produced to read it, such member may demand of such person his name and address and if such person refuses or fails to give his name and address or gives a name or address which is false or misleading he shall be guilty of an offence under this section.

(4) Any member of the Gárda Síochána may arrest without warrant—

(a) any person who in pursuance of this section produces his driving licence to such member but refuses or fails to permit such member to read it, or

(b) any person who, when his name and address is lawfully demanded of him by such member under this section, refuses or fails to give his name and address or gives a name or an address which is known to such member to be false or misleading.

(5) Any person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(6) A person who, when producing a driving licence to a member of the Gárda Síochána in pursuance of this section, permits such member to see and read so much of such licence as contains the name, address, and signature (if any) of the person to whom such licence was granted, the date on which it was granted, and the licensing authority by whom it was granted shall for the purposes of this section be deemed to have permitted such member to read such licence.

(7) A person who, when the production of his driving licence is lawfully demanded of him under this section, does not produce such licence because he is not the holder of a driving licence shall be deemed to fail to produce his driving licence within the meaning of this section.

Writing of signature on demand by member of Gárda Síochána.

40. —Any member of the Gárda Síochána may request any person driving a mechanically propelled vehicle or producing his driving licence at a Gárda Síochána station in pursuance of the next preceding section to sign his name in a book and with a pencil to be provided by such member and at the place in such book indicated by such member, and if such person on being so requested and on being provided with such book and pencil refuses or neglects to sign his name in such book or with such pencil or at the place in such book indicated by such member he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Production of driving licences to court.

41. —(1) Whenever the holder of a driving licence is convicted of any offence in connection with the driving of a mechanically propelled vehicle he shall, if so requested by the court by whom he is so convicted, produce such licence and if he fails to do so he shall be guilty of an offence under this section.

(2) Whenever an application is made for a special disqualification order the person in respect of whom such application is made shall, if and when so requested by the court hearing such application, produce such licence and if he fails to do so shall be guilty of an offence under this section.

(3) Every person guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Grant of licences to non-residents.

42. —(1) The Minister may make provision for the grant by licensing authorities or other persons of driving licences to persons who ordinarily reside outside Saorstát Éireann, and for this purpose may by order make regulations in relation to all or any of the following matters, that is to say:—

(a) the persons by whom such licences may be granted;

(b) the fees if any to be paid in respect of the grant of such licences;

(c) the disposition of such fees;

(d) any other matter or thing incidental to the grant of such licences.

(2) So much of the Motor Car (International Circulation) Act, 1909, as relates to the licensing of drivers shall have effect as though for the references therein to the Motor Car Act, 1903, there were substituted references to this Part of this Act.

(3) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

Regulations in relation to driving licences.

43. —(1) The Minister may by order make regulations in relation to all or any of the following matters, that is to say:—

(a) the granting of driving licences by licensing authorities;

(b) the registers to be kept by licensing: authorities of grants of driving licences;

(c) the issue by licensing authorities of duplicate licences in place of driving licences lost, destroyed, or mutilated;

(d) the communication of particulars of driving licences granted by licensing authorities to other licensing authorities;

(e) the making available for the use of members of the Gárda Síochána and other persons of information in the possession of licensing authorities with respect to persons disqualified for holding driving licences and persons whose driving licences have been endorsed under this Part of this Act;

(f) the prevention of the issue (otherwise than by way of renewal) of a driving licence to a person who holds a driving licence.

(2) Every licensing authority shall comply with all regulations made under this section and for the time being in force.

(3) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is so laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

Offences by officers of licensing authorities.

44. —Every officer of a licensing authority who, in purported performance of his duty as such officer, does any act (whether of commission or omission) which is a contravention by such licensing authority of this Act or a regulation made thereunder or who, either alone or in conspiracy with another person, causes or attempts to cause such licensing authority to do any act (whether of commission or omission) which is a contravention of this Act or a regulation made thereunder shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds or, at the discretion of the Court, to imprisonment for a term not exceeding three months.

Effect of existing licences under the Motor Car Act, 1903.

45. —(1) Every licence granted under section 3 of the Motor Car Act, 1903, and bearing date as of a day prior to the commencement of this Part of this Act and in force at the commencement of this Part of this Act shall (notwithstanding that it bears a date prior to the commencement of this Part of this Act) be deemed to be a driving licence granted under this Part of this Act as of the date such licence actually bears and accordingly every such licence shall have the like force and effect after the commencement of this Part of this Act as it would have had if it had been granted under this Part of this Act as of the date it actually bears.

(2) Where a licence granted under section 3 of the Motor Car Act, 1903, was at the commencement of this Part of this Act suspended by an order of the court under section 4 of that Act the person who is the holder of such licence shall, for the purposes of this Part of this Act, be deemed to have been disqualified for holding a driving licence during the period of such suspension by virtue of an ancillary disqualification order made under this Part of this Act as of the date on which such first mentioned order was made.

(3) Where an order disqualifying a person for holding a licence under section 3 of the Motor Car Act, 1903, made by the court under section 4 of the said Act is in force at the commencement of this Part of this Act, such order shall after the passing of this Act be deemed to be an ancillary disqualification order made by the court under this Part of this Act as of the date on which such first mentioned order was made and shall have effect accordingly.

(4) Where a licence granted under section 3 of the Motor Car Act, 1903, has been endorsed under section 4 of that Act, such endorsement shall for the purposes of this Part of this Act be deemed to have been made under this Part of this Act as of the date of such endorsement.