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MUTUAL RECOGNITION OF DRIVING DISQUALIFICATIONS

MUTUAL RECOGNITION OF DRIVING DISQUALIFICATIONS. PAULINE MORGAN DVO POLICY DIVISION DfT. Mutual recognition: driving disqualifications. The Convention provides the framework for notifying each other when a driver is disqualified Formal exchange of information

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MUTUAL RECOGNITION OF DRIVING DISQUALIFICATIONS

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  1. MUTUAL RECOGNITION OF DRIVING DISQUALIFICATIONS PAULINE MORGAN DVO POLICY DIVISION DfT

  2. Mutual recognition: driving disqualifications • The Convention provides the framework for notifying each other when a driver is disqualified • Formal exchange of information • No change in the way we disqualify drivers in our own courts • BUT new arrangements for giving effect to each other’s disqualifications

  3. Mutual Recognition: driving disqualifications In GB and NI • Primary legislation “Crime (International Cooperation) Act 2003 • Further regulations required following public consultation

  4. Mutual recognition: driving disqualifications • In exchanging information we must:- • confirm the driver had adequate opportunity to defend himself against the court’s decision • confirm the court’s decision is final (eg. no appeal) • provide a copy of the decision • take into account any period of disqualification already served

  5. Mutual recognition: driving disqualifications Giving effect to a disqualification • IRL – decision made by the court • GB/NI – letter sent to the driver by DVLA or DVLNI. Driver can chose to appeal in Magistrates court (GB), Sheriff court (in Scotland) or court of summary jurisdiction (NI) against the disqualification being applied in the UK

  6. Mutual recognition: driving disqualifications • Principles (in giving effect to a disqualification) • The original conviction or sentence cannot be changed (whatever the decision in the driver’s home state, the disqualification will stand in the state of offence) • Cannot impose a longer period of disqualification (any period already served has to be taken into account) • IN GB/NI – right of appeal is against the decision being applied in the UK (not against the Irish court’s decision to disqualify in Ireland)

  7. Mutual recognition: driving disqualifications Example 1 Irish driver disqualified in GB/NI court • GB/NI court notify DVLA/DVLNI • DVLA/DVLNI notify Irish Dept. of Transport • D.O.T contact relevant Irish licensing authority • Date arranged for case to be heard in court

  8. Mutual recognition: driving disqualifications Example 2 GB/NI driver disqualified by Irish court • Irish court notify licensing authority • LA notify DOT • DOT notify DVLA/DVLNI • DVLA/DVLNI write to driver and specify period due to be served in the UK

  9. Mutual recognition: driving disqualifications Any questions?

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