477 Mr. Spring asked the Minister for the Environment and Local Government if a person (details supplied) in County Kerry can be exempt from the regulation whereby this person cannot use his motorcycle due to a lapse in the period this person has held a provisional A category driving licence, until such time as this person takes his test on this motorcycle. [8889/02]

Under the Road Traffic Act, 1961 and the Road Traffic (Licensing of Drivers) Regulations, 1999 to 2001, it is a matter for the appropriate licensing authority, in this case Kerry County Council, to determine the eligibility of a person for a provisional driving licence, and to issue licences. I am not empowered to exempt individual persons from the regulatory provisions.

Where the validity of a provisional licence has lapsed, the licence may be renewed within a five year period without the applicant having to pass the driver theory test and submit a theory test certificate to the licensing authority. Where the elapsed period is greater than five years, an applicant for a category A or other provisional licence must first pass the driver theory test. Upon obtaining a provisional licence, the licence holder may ride a motorcycle subject to the limitation of engine size covered by the licence and may not carry a passenger.