The Irish Times today has a story about the proposals by the department of transport regarding learner drivers and those who accompany them.
Under these proposals if you are in a car accompanying a learner driver as the sage and learned full licensed driver, you could be prosecuted for being over the limit. This is insane. Two drinks can push you over the limit. You are now liable to criminal prosecutution if you get in the car with a provisional licensed driver. You may not be “sober” enough to drive from a blood alcohol perspective, but that doesn’t mean you are not sober enough to give advice to a learner driver. Lots of parents who have teenage/college going children go out for the night and get their sons/daughters to collect them. They will now have to get taxis for fear of criminal prosecution. The injustice of it all.
What’s the moral of the story? Don’t get in the car with a provisional licensed driver. Ever. How will they learn to drive when many will refuse to accompany them for fear of drunken passenger prosecution and suspension from driving on their own full, clean license?
Why is the insurance side of things not being tackled? Why the obsession with those who accompany learner drivers? A learner driver can buy a car themselves and get insurance in their own name but they cannot drive on their own. Surely to police this properly and to have all-encompassing legislation, there should also be changes made to car insurance. No one holding provisional licenses should be entitled to a policy in their name only. They should only be entitled to be a named driver on the policy of parents/guardians/friends/spouse with full license for at least two years.
I expect a lot of provisional license holders will now take off their L-plates to avoid detection when driving on their own. Gardai rarely ask to see your license if your NCT, tax and insurance are all in order. The flip side to this is of course the irritation for fully licensed drivers driving cars shared with someone requiring L-plates. Are all fully licensed drivers, driving in cars with L-plates on them automatically going to be pulled over on the assumption that it is a learner driver on their own in the car. Further incentive to drive without L-plates. Owners of cars being used by learner drivers may even encourage the removal of L-plates.
Don’t get me started on the nonsensical approach to the driving test. A provisional license holder has to hold their provisional for six months before they can apply for the test. Consider if you will, the following scenario. An American/Canadian or someone not on the approved list of countries moves to Ireland to live. Under our legislation, they cannot apply for a transfer of their driving license to an Irish driving license. They must sit the theory test (fair enough) and also apply for a provisional license. This driver has twenty years unblemished driving history (all in manual gear box cars) and could probably go for a driving test and pass it the week after they arrive in Ireland. Under our one size fits all legislation, all learner drivers are created equally, i.e. they are all seventeen years old, they must wait for six months and they must always drive accompanied. This is despite the fact that our American/Canadian could happily drive around unaccompanied as a tourist on a temporary visit that can last up to twelve months. Considering six of the twelve months are used up waiting to apply for the provisional license, this doesn’t leave much time for doing the test. This legislation is one dimensional in its approach. It needs to categorise what “learner” drivers actually are. There is a big difference between a learner driver who is seventeen years old and has never sat behind the wheel of a car and an experienced driver forced to get a provisional license when they become resident in Ireland. The world is not two dimensional. The proposed and in effect legislation really needs some more “what if” scenarios included. Namely allow foreign fully licensed drivers to apply for the test immediately.
What I want to know is what happens if a guard stops an American on an American license driving at five to midnight on the day before their right to drive on an American license expires. They have a provisonal license and are waiting their test which takes place the following day. If the gardai hadn’t stopped the American, they would have made it to the residence and been out of their car by the time the garda checked their license. They American has a passenger with an Irish full license in the car. The passenger has had a few drinks. Is that passenger the accompanying driver for provisional license purposes or is that passenger just a passenger? Because the American’s year has expired, they are now (pedantically and technically speaking) a provisional license holder who must be accompanied. So the garda can exercise discretion and let them go or the garda can choose to be mean and prosecute the accompanying driver for being drunk whilst supervising the American driving on a provisional license with an inebriated accompanying driver, who five minutes ago was an innocent passenger, but now is an accomplice to the flouting of the full, technical, time expired letter of the law. Ridiculous? I agree.