Driving licence disqualification error could have been sorted, says judge

High court reporters

A High Court challenge over a seven-year disqualification applied in error to a postman's driving licence could have been sorted out through correspondence, a judge has said.

The case concerns Brendan Gannon senior (63), Galtymore Road, Drimnagh, Dublin, who was told by the National Driving Licence Service (NDLS), when he went to renew his licence last January, that he was disqualified from driving until 2025.

It transpired that his son Brendan Gannon junior was actually the person who had been banned for seven years at Tallaght District Court in December 2018 for driving without insurance or a licence, the court heard.

On Friday, the case was adjourned to October to allow the State respondents time to deal with the application.

However, Mr Justice Charles Meenan, who on Wednesday commented that what was at issue could have been dealt with in a common sense way rather than having to take up court time, said the court has enough to do "without having to deal with something that could so demonstrably be dealt with by correspondence".

Mr Gannon, who was told by the NDLS his licence was still suspended, was granted a stay on the suspension until October when the case comes back before the court.

Mr Gannon senior's challenge is against the Road Safety Authority, which operates the NDLS, the Garda Commissioner and the Courts Service, to have the error rectified. The respondents, on Friday, sought time to respond to the proceedings.

Counsel for the RSA said her client had only just received the papers but would act immediately to deal with it. A lawyer for the Garda Commissioner said it was hoped the matter could be resolved without any order. Counsel for the Courts Service said his client would not be resisting the application because the relief sought rested with the other respondents.

Mr Gannon senior claims that despite representations by him and his solicitors, the Courts Service has told the NDLS that Mr Gannon senior's licence number was given in Tallaght Court in 2018 and it is now "a garda matter" in relation to the giving of incorrect information.

The Courts Service also said it cannot amend the disqualification order unless ordered to do so by a judge.

Mr Gannon senior's solicitor, on May 7, had asked the officer who prosecuted the case against the son to investigate the matter but no response was received.