A man who had a policy of insurance while driving on a learner permit cannot be convicted for driving without insurance on the basis he did not hold a valid driving licence at the time, a High Court judge has ruled.
He was ruling on legal issues referred to the High Court by a District Court judge arising from a prosecution of the man. The case concerned a driver who, when stopped by a garda in Co Clare in September 2018, held a learner driver permit, but not a driving licence, and was not accompanied by a qualified driver.
District Judge Patrick Durcan formed the view, for the insurance policy to be operative, the accused needed to have a driving licence. He considered a learner permit is a “conditional” driving licence, the conditionality was not satisfied in this case and the accused was therefore not insured to drive that day.
The question for the District Court was whether the accused drove without insurance in the sense he was in breach of a condition of his insurance policy, he said. That ultimately comes down to the wording of the policy and any breach of condition must be proven in each individual case.
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