We are frequently contacted by clients with queries about the relationship between Irish convictions on a UK licence or UK convictions on an Irish licence.
The general rule is that penalty points and endorsements on driving licences received in other countries, including EU/EEA member states, do not transfer between states.
However, this is not the case with driving disqualifications for specified offences between Ireland and the UK, including Northern Ireland.
Section 40 of the Road Traffic Act 2016, which came into operation from 1 August 2017 states:
Disqualification pursuant to Agreement between State and United Kingdom
Section 40. (1) Where by reason of the commission, after the entry into force of the Agreement, of a specified offence in the United Kingdom by a person whose normal residence on the date of the offence is the State or who is the holder of an Irish driving licence or a learner permit, a decision imposing a disqualification from driving on the person for any period is made in the United Kingdom and a competent authority of the United Kingdom notifies the licensing authority in writing in accordance with Article 3 of the Agreement of the disqualification and transmits to the licensing authority
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the licensing authority shall make an application to the appropriate judge for the purposes of giving effect to the decision imposing disqualification from driving made in the United Kingdom in accordance with the Agreement.
Below we have addressed the most commonly asked questions about this issue:
If I am banned from driving in UK but have an Irish licence, can I still drive in Ireland?
The UK authorities are required to notify the Irish authorities of the driving disqualification imposed by the UK on an Irish resident, or a holder of an Irish driving licence. The Irish authority would then have to make an application to the local judge to give effect to the decision imposed in the United Kingdom in accordance with the Agreement. If the court makes an order affirming the disqualification, the driver is then also disqualified in Ireland.
The situation is slightly different if the Irish authorities notify the UK authorities where a person holding a licence from the UK is disqualified by the Irish courts. This is due to the nature of the legal systems in the UK, meaning the disqualification can be given effect without a court case.
Therefore, if you are caught driving in the UK with a “mutual recognition” disqualification, you will be committing an offence of “driving whilst disqualified” in accordance with s.103 Road Traffic Act 1988 (in NI the offence is committed in accordance with Article 168A of the Road Traffic (Northern Ireland) Order 1981).
The law is silent on circumstances where the Irish authorities are not notified by the United Kingdom of the disqualification in the UK or vice versa.
What offences are covered by the Mutual Agreement?
- Reckless or dangerous driving.
- Failure to meet the obligations placed on drivers after being involved in road collisions.
- Driving a vehicle while under the influence of alcohol or other substances.
- Refusal to submit to alcohol and drug tests.
- Driving a vehicle faster than the permitted speed.
- Driving a vehicle whilst disqualified.
- Other conduct constituting an offence for which a driving disqualification has been imposed by the state of offence:
- of a duration of 6 months or more or
- of a duration of less than six months where this has been agreed between the Contracting States.
If you are convicted of any of the above offences in either state, you will be classed as a repeat offender.
Disqualifications which have arisen from the accumulation of penalty points – ‘totting up’ – are not subject to the mutual agreement arrangements.
Do penalty points received in the UK apply to Irish driving licences?
Penalty points received in other countries do not transfer between states. This means that if you receive penalty points abroad or already have endorsements on your driving licence before going to Ireland, these penalty points or endorsements will not transfer over to an Irish driving licence.
There is no mutual recognition of penalty points between the jurisdictions, so the UK court cannot take into account Irish penalty points, for totting up purposes.
Therefore, if you are a UK licence holder, any penalty points from offences in Ireland will not show on your UK licence but will be recorded by the Irish equivalent of the DVLA (National Driver Licence Service (NDLS) against your “ghost” licence.
If you are an Irish licence holder, any points from speeding or other offences in the UK will not show on your Irish licence but will be recorded by DVLA on your “ghost” licence in the UK.
This is because there is no cross-border system for identifying the endorsements on either side of the border. A record known as a “ghost” licence will be created for penalty points in Ireland or UK, and if you accumulate 12 penalty points or more in a 3-year period in one of these states, you will be at risk of being disqualified for “totting up” in the state where you have accumulated the points.
For further reading on this issue we have outlined a number of useful links below:
The Law
Legal bodies
Road Traffic – Mutual Recognition of Driving Disqualifications (UK/Ireland)
Articles
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8 Comments
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Thomas
on August 31, 2023Hi,
I am on your webpage and looking to seek advice. I am in court in Ireland in a few weeks for a drink driving charge to which I am most likely to please guuilty. I hold a UK licence. I have some intricate questions I cannot find answers too on google etc.
My basic one being is there any way to stop the ban from being carried out in England?I would appreciate some time if possible.
Regards
tom
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motoroffence
on September 4, 2023Dear Thomas
Thank you for your enquiry.
Regretfully, we are not able to advise you concerning the drink driving offence in Ireland as it is outside of our jurisdiction.
In regards to the disqualification from driving, it is of mutual recognition in the UK. If the UK is notified of your ban in Ireland, then the DVLA will normally send you notice to this effect. You can appeal against the disqualification being applied in the UK if you are a resident of the UK (section 59 CICA). You may only appeal against it being imposed here, you will not be able to appeal to the UK about the length of the ban or the conviction itself. The court can only decide whether the ban should be imposed in the UK or not.
We are unable to assist with appeals of this nature so we recommend that you obtain independent legal advice and assistance if this is something you wish to pursue further.
We hope that this assists and we wish you the best of luck.
Kind regards
The Geoffrey Miller Team
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Stan
on January 27, 2024If u get caught on Irish roads with uk registered cars what happens then
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Motor Offence
on January 30, 2024Hi Stan,
If you commit an offence in Ireland, then it will be dealt with by the Irish authorities. The legal system is different ( in the Repbulic and Northern Ireland) and we are only allowed to practice and advise on law in England and Wales. I would advise you seek legal advice from a lawyer in the area where the offence happened for clarity.
We hope this helps,
The Geoffrey Miller Team.
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Stan
on February 2, 2024Sorry to comment again we are uk residents with uk licences and wanted to know what happens when we go across to Dublin for few days and if we get caught for speeding on speed camera in Dublin on our uk registered car. What then happens to the driver/owner of the uk vehicle
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Motor Offence
on February 6, 2024Hi Stan,
The offence will be dealt with by the Irish Authorities and again we cannot comment on how the offence would be dealt with. However, penalty points from Ireland are not recognised in the UK so if penalty points are imposed they would be recorded on a “ghost licence” – essentially a copy of your UK licence held by the Irish version of the DVLA (The NDLS). The principle is not the same for a disqualification, which can cross over and be recognised in the UK. The Irish authorities will likely send a letter detailing any penalty to the address the car is registered to.
Kind regards,
The Geoffrey Miller Team. -
M
on February 5, 2025Im irish and have an irish licence. I rented a hire car in the UK and was caught speeding. 48 in a 40 zone. Do I need to pay the fine? And will the points transfer to my irish licence.
Thank you
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Jeanette Miller
on February 11, 2025Dear Michelle,
Thank you for reaching out. If you’ve been caught speeding in the UK, you are required to pay the fine, as UK motoring laws apply regardless of your nationality. Penalty points for speeding will not transfer to your Irish driving licence because there is no mutual recognition of penalty points between the UK and Ireland.
Kind regards,
The Geoffrey Miller Team
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