Breach of learner permit conditions meant driver was driving without driving licence for purposes of road traffic conviction

Criminal law – consultative case stated – section 52 (Supplemental Provisions) Act 1961– road traffic offences – driving without insurance conrary to s.56 (1) and (3) of the Road Traffic Act, 1961, as amended by s. 18 of the Road Traffic Act, 2006 – failure to produce insurance documents – driving without a valid licence contrary to s. 38 of the Road Traffic Act 1961 (as substituted by s. 12 of the Road Traffic Act 2006) – s. 42(2)(k) of the Road Traffic Act, 1961 – Section 35 of the Road Traffic Act, 1961 (as inserted by s. 11 of the Road Traffic Act, 2006) – The Road Traffic Licensing of Learner Driver Regulations 2007 (S.I. 719 of 2007) – driving permit was a form of conditional licence – whether a driver who is the holder of a valid learner permit licence may be convicted of driving without a licence, notwithstanding that the licence is valid on its face and covers the date upon which the charge is alleged to have been committed, because the failure of the driver to observe the conditions of the permit licence, in that he was not displaying “L” Plates and was unaccompanied by a qualified driver, renders the licence permit void and ineffective – whether on the findings of fact by the Judge it would be correct to convict the defendant of driving without a valid driving licence “for the time being having effect” – whether, if by reason of the breach of the condition of the licence permit it was rendered void or ineffective on the occasion of the driving, the learned judge would be correct to convict the defendant of driving without a valid insurance certificate – defendant liable to conviction for an offence contrary to section 38 of the Road Traffic Act 1961 – defendant should not be convicted of an offence contrary to s. 56(1) and (3) of the Road Traffic Act 1961 or failure to produce a certificate of insurance or exemption because he had a certificate of insurance which covered him on the date which was not made conditional in its terms on the accused complying with the terms of a learner permit licence.