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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69364
Experience:  Over 5 years in practice
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I have an Irish driving license but currently live in uk. Can

Customer Question

I have an Irish driving license but currently live in uk. Can I have penalty points assigned to my license if I am caught speeding?

Gavin
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

How many points do you currently have?
Customer: replied 3 years ago.
Hi. I don't have any points. Over the last 3 and half years I have been caught speeding 4 times. However each I simply paid the fine by cheque and they sent back my license without any points added. In addition I did not appear in court.

My understanding is that the uk authorities can not endorse an Irish license. However recently a police man said I had a virtual license in the uk and that is what has the points. My response was that I would need to know about this virtual license.

Gavin
Expert:  Jo C. replied 3 years ago.
Hi

Sorry for the delay. I lost my connection.

The uk courts cannot endorse your Irish licence but they can add points to your notional uk licence.

The uk and Ireland do recognise each others disqualifications but not yet each others points.

This would only be an issue of you were disqualified in the uk for totting.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
Ok thanks. However the key point here seems to be that I must be made aware of this notional license and be advised of the points added to it?.

I was not notified. Can you clarify this point.

Also can you clarify how i can be disqualified here in the uk under a Irish license if they can not add points to the license.

Can you define what trotting is ?

T
Expert:  Jo C. replied 3 years ago.
They should have served the summons to the address they have for you but they are free to try and sentence you in absence if you don't attend.

They can add points to your nominal uk licence and if you acquire more than 12 then you will be banned under the totting provisions whatever your other entitlements.

They cannot remove your Irish licence but it matters bot because if you are banned in the uk then you are banned in the uk.
Customer: replied 3 years ago.
Ok but I have 12 points on this notional license and have not been advised that i am disqualified
Expert:  Jo C. replied 3 years ago.
Are they within 3 years of each other?
Customer: replied 3 years ago.
Yes
Expert:  Jo C. replied 3 years ago.
If they are all on your nominal uk licence then you should be banned for totting.

It might be worth calling the DVLA on Monday and asking if you are banned. I cannot immediately understand why you would it be although it would be wonderful if you were not.

You don't want to get picked up for driving whilst disqualified.
Customer: replied 3 years ago.
Last question. I was never made aware of any penalty points or a notional license therefore surely they need to write to me to inform me of this ?

Expert:  Jo C. replied 3 years ago.
The obligation is to send the summons to the correct address rather than notification of the points although there would be a fine as well as points and you would need to be aware of that in order to pay it.

If you weren't notified of the sentence then that would tend to suggest the summons went to the wrong address too so there might be action you can take over that.

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