Judgment: 2022-02-10 · Court archive

Court of Appeal dismisses challenge to licence restoration ruling

The court held that a previous driving disqualification within the relevant 10-year period barred an application to restore a licence under section 29(1).

The Court of Appeal ·

Who, what, where, when and why

Who
  • Martin Kearney (Appellant)
What

The court held that a previous driving disqualification within the relevant 10-year period barred an application to restore a licence under section 29(1).

Where

Places mentioned in the report

  • Sligo
When

Judgment:

Why

Reasons reported in the judgment

At a hearing in Sligo Circuit Criminal Court, the prosecution argued that the 10-year period ran from the date of the first disqualification. Kearney’s counsel argued that it should instead be assessed retrospectively from the date of the restoration application. The Circuit Court rejected that interpretation, finding that the relevant conditions were assessed when the disqualification was imposed and that it lacked jurisdiction to restore the licence.

The Court of Appeal has dismissed Martin Kearney’s appeal over a ruling that the Circuit Court had no power to restore his driving licence under section 29(1) of the Road Traffic Act 1961, as amended.

The appeal concerned how the law’s 10-year condition should be calculated. Kearney had received a five-year driving disqualification in 2007, which was removed in 2009. He later sought restoration of his licence after serving half of a separate, 12-year disqualification.

At a hearing in Sligo Circuit Criminal Court, the prosecution argued that the 10-year period ran from the date of the first disqualification. Kearney’s counsel argued that it should instead be assessed retrospectively from the date of the restoration application. The Circuit Court rejected that interpretation, finding that the relevant conditions were assessed when the disqualification was imposed and that it lacked jurisdiction to restore the licence.

The appeal court said the statutory wording was clear. It held that the provision restricts an application where a person has been disqualified for more than two years within 10 years of a previous disqualification. The court agreed that the alternative interpretation would require adding words to the statute that the legislature had not included.

Kearney’s appeal grounds also referred to the length of the disqualification, its alleged effect on his ability to earn income and support his family, an alleged employment offer, and proportionality. The Court of Appeal said no evidence about those personal circumstances was before it. Counsel confirmed that the appeal court need only decide the statutory interpretation issue, and the court did not assess the merits of the underlying application.

The court dismissed the appeal. It did not order restoration of the licence; its decision addressed whether the Circuit Court had power to consider the application under the statutory provision.

Read the original court judgment

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