Prosecutions of provisional drivers who fail to put up L plates or who drive without being accompanied by a qualified driver are being struck out because there are no penalties attached to the offences.
Under the 1999 Driving Regulations which relate to the Road Traffic Acts, there are no penalties attached to provisional drivers driving without L plates and driving unaccompanied by a full licence holder.
The anomaly was highlighted in a case some months back by Judge Gerard Haughton and it has since been picked up by defence solicitors who have raised it when defending clients.
At Kanturk District Court in Co Cork yesterday, Judge Michael Pattwell struck out charges of driving without L plates and not being accompanied by a qualified driver against provisional driver Tony Carroll of Kanturk.
Judge Pattwell has also struck out similar charges in cases in Mitchelstown and Mallow District Courts.
Judge Tim Lucey struck out similar charges in a case in Midleton District Court last month.
Judge Haughton explained his decision in a case in Portarlington District Court last November when he called a halt to a case against a provisional licence holder who had been charged with failing to display L-plates and with not being accompanied by a qualified driver.
Judge Haughton pointed out that provisional licence holders are charged with such offences under Article 20 of the Road Traffic (Licensing of Drivers) Regulations 1999, which deals with provisional licences and the rules governing the use of such licences by learner drivers.
According to Judge Haughton, Article 20 is drafted in such a way that it does not make either of the charges brought against the provisional licence holder offences, although he did concede that such acts render a provisional licence invalid and could have insurance consequences.
According to one legal source in north Cork yesterday, one possible way for gardaí to overcome the difficulty is to prosecute provisional drivers for failing to have a valid licence and argue that if they fail to display L-plates or be accompanied, they invalidate their licence.