Loophole means UK no longer allowed to recognise Irish bans on UK drivers

Arrangements for mutual recognition of driving disqualifications did exist between the UK (Great Britain and Northern Ireland) and Ireland. A driver resident in the UK but disqualified in Ireland was also disqualified in the UK. Likewise, a driver resident in Ireland but disqualified in the UK was also disqualified in Ireland.
This was carried out under the framework of the European Convention on Driving Disqualifications 1998 (EU Convention) which was incorporated into UK primary legislation by the Crime (International Co-operation) Act 2003.
After 28 January 2010 and until recently, the UK and Ireland have been mutually able to recognise driving disqualifications imposed on their residents in the other jurisdiction.
What has changed
The UK opted out of the EU Convention which means that the mutual recognition of driving disqualifications between the UK and Ireland no longer applies. This affects any ban after 1 December 2014.
In order to permit mutual recognition of driving disqualifications, a new international agreement must be put in place. The UK and Ireland are currently negotiating a new bilateral treaty and it is expected that these arrangements will come into place towards the end of 2015.
During this gap, it will not be possible for the UK to notify Ireland about Irish residents who have been disqualified in the UK or for the UK to recognise disqualifications which have been imposed on UK residents in Ireland.
Any disqualifications for which notifications have been issued before the 1 December 2014 will remain in force for the duration of the disqualification, and the appeals mechanism for these disqualifications will remain in force.
For advice on transport law, contact Jared Dunbar at Dyne Solicitors on 01829 773 100.

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