MUTUAL RECOGNITION OF DRIVING DISQUALIFICATIONS PAULINE MORGAN DVO POLICY DIVISION DfT 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 No change in the way we disqualify drivers in our own courts BUT new arrangements for giving effect to each other’s 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

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

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 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

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 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

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) 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)

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 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

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 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

Mutual recognition: driving disqualifications Any questions?