Road traffic loophole could allow banned UK drivers to drive in Ireland

Photo by Kenneth Allen, CC BY-SA 2.0
Photo by Kenneth Allen, CC BY-SA 2.0

A District Court judge has exposed a legal loophole that could allow drivers banned from getting behind the wheel in Northern Ireland to continue driving in Ireland, the Belfast Telegraph reports.

The loophole relates to the imposition of Irish driving bans through an application to the courts by the Road Safety Authority (RSA).

During an appeal against a ban heard in Letterkenny District Court, defence lawyers successfully argued that the procedure was flawed.

Solicitor Frank Dorrian said the RSA brings its applications by way of a clerk-issued summons, which should only be served in criminal cases.

He argued the court clerk was “exercising jurisdiction which cannot apply to this situation”.

Judge John O’Hagan allowed the appeal and overturned the ban, saying that he agreed a summon was not the right vehicle to be used.

The Road Safety Authority (RSA) is considering whether it is possible to alter its procedures to address the loophole.

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