Cork instructor says gardaí should police test centres for unaccompanied drivers

A Cork driving instructor has called for a garda presence at test centres to deal with unaccompanied learners driving themselves to their test.

It comes as new figures from Justice Minister Jim O’Callaghan show that 2,396 unaccompanied learner drivers in Cork have been penalised by gardaí since 2023, with around €383,360 charged in fines.

A further 1,248 Cork learner drivers had their cars seized during this period in accordance with section 41 of the Road Traffic Act by being driven by an unaccompanied learner driver.

A Cork driving instructor told The Echo called for a collaborative approach, stating that more needed to be done about the issue, but that they were unable to enforce it.

He said:

“The RSA and ADIs (approved driving instructors), together alongside An Garda Siochana, could once and for all try and enforce "Clancy's Law", the practice of unaccompanied drivers attending lessons and tests unaccompanied.” 

On 22nd December 2018, The Clancy Amendment was enacted to strengthen powers of the Gardaí to deal with drivers who contravene the conditions of their learner permit. 

The Clancy Amendment as it is known amended Section 41 of the Road Traffic Act 1994 to provide a power of seizure of a vehicle driven by a learner permit holder who is unaccompanied by a full licence holder. 

This Amendment was introduced after a campaign from Noel Clancy, whose wife and daughter were killed in a road traffic collision in December 2015 involving an unaccompanied learner permit holder.

The driving instructor explained: “No tester or ADI has the lawful power to ask the learner driver who it was that accompanied them on their arrival to the lesson or test. 

"The only person with that lawful power is a serving garda.” 

He appealed to the RSA, saying: “I propose that you reach out at the highest possible level within your remit, to the Minister for Justice or An Garda Siochana Commissioner and "suggest" in the strongest possible manner, that a serving Garda member be of static duty, outside every RSA Test Centre for a period of at least one week and intermittent periods thereafter, to show a true force of meaningful solidarity and unity to have our roads a safer place going forward.” 

The RSA was contacted for comment.