Important: It is Still Against the Law to drive on 1st, 3rd

[The Hard Left]

FYI Ireland

It is Still Against the Law to drive on 1st 3rd 4th and subsequent provisional driving license unless accompanied by a qualified driver (time since qualification irrelevant)

Many of those whom have been expressing their outrage on this site are in this category and continue to break the law if they drive.

The penalty however for driving on these licenses is just 50 euro, and as far as I know just 1 penalty point.

I have a question about this to anyone who is legally minded out there.
If I am seriously injured by one of these provisional drivers*, could the state be held liable?

[size=7](*in the course of driving!)[/size]

[ivnryn]

could the state be held liable?

Why would the state be liable ? The person who crashed into you is liable (and so is their insurance company) irrespective of their license status.

The state isn't responsible for people breaking the law, that responsibility falls on the people who break the law themselves.

If a criminal robs a shop, is the state liable for the damage he causes ?

[The Hard Left]

could the state be held liable?

Why would the state be liable ? The person who crashed into you is liable (and so is their insurance company) irrespective of their license status.

The state isn't responsible for people breaking the law, that responsibility falls on the people who break the law themselves.

If a criminal robs a shop, is the state liable for the damage he causes ?

But the state by there actions, essentially allow the situation to continue without enforcement.

Maybe using the example of someone on a second provisional license would make more sense, , , as they are not currently breaking the law.

Surely its the states responsibility to put sufficient regulation in place to lessen the chance of accidents.
The state have obviously failed in this regard, and I'm sure any European Or UN court would agree.

[smiffy]

The state have obviously failed in this regard, and I'm sure any European Or UN court would agree.

Which particular area of EU or international law did you have in mind, in this context?

[The Hard Left]

Well as mentioned, I'm not a legal expert, but if a case was brought in Irish courts and was eventually appealed to the European court.
I cant see a European court finding in favor of the Irish state as there is no other developed country in the world that allows unqualified drivers to drive unaccompanied.

[Aindriu]

Other drivers be warned! If a provisional driver in the above categories causes an accident whilst unaccompanied they will not be insured as they will have invalidated their insurance by driving unaccompanied! Their insurance company will ONLY cover them if they drive accompanied by a qualified driver with a full licence for over two years.

[ivnryn]

Other drivers be warned! If a provisional driver in the above categories causes an accident whilst unaccompanied they will not be insured as they will have invalidated their insurance by driving unaccompanied! Their insurance company will ONLY cover them if they drive accompanied by a qualified driver with a full licence for over two years.

Hmm, I don't think this is true, can you provide a link ? It has always been illegal to drive unaccompanied, but insurance companies have still paid out.

[aodh_rua]

Other drivers be warned! If a provisional driver in the above categories causes an accident whilst unaccompanied they will not be insured as they will have invalidated their insurance by driving unaccompanied! Their insurance company will ONLY cover them if they drive accompanied by a qualified driver with a full licence for over two years.

I think the insurance companies confirmed over the weekend that this is specifically not the case. If an unaccompanied driver has an accident, they will pay out to third parties, however any damage to your own car won't be covered.

[Aindriu]

Other drivers be warned! If a provisional driver in the above categories causes an accident whilst unaccompanied they will not be insured as they will have invalidated their insurance by driving unaccompanied! Their insurance company will ONLY cover them if they drive accompanied by a qualified driver with a full licence for over two years.

I think the insurance companies confirmed over the weekend that this is specifically not the case. If an unaccompanied driver has an accident, they will pay out to third parties, however any damage to your own car won't be covered.

The Garda stated over the weekend that such drivers would NOT be considered by them to be insured. It's simple really, drivers with 1st, 3rd and subsequent provisional licences should obey the law and not drive unaccompanied.

[Munion]

Stop talking about "the State" as if it is a living entity, as Thatcher rightly said there is no such thing as the State or something to that effect. The way you speak about the State you'd swear it was real, instead you might as well ask what sound yellow makes, it makes as much sense.

People are responsible for their own actions and it'd be the driver that crashed into you would be liable.