Road Safety Authority Ireland (RSA) and (in)validity of my driving licence

 I love driving, I just find that it helps me think, clear my mind, function. I love people, I am sociable and I enjoy talking to people, that's the reason I keep my taxi driver licence. When I say I love driving, I don't mean driving only a taxi, so I decided to upgrade my licence. On the 2nd of November I passed my driving test for an artic (Class 1) licence, on the 3rd of November I passed my CPC walkaround test.

Considering I HAVE PASSED all the necessary exams in the process I have applied for a full CE driving licence and my truck CPC Card. I have received my driving licence as normal, but I did not receive my CPC Card. I had received a phone call asking me if I sat theory test for the truck, Category C, followed by an email requesting a copy of the results. I did pass the exam, I had a copy of the results, I scanned it, sent an email with it. I get another phone call, from the boss, "CPC Card Expert". He explained to me my theory test is not valid because is dated 8th of September 2012. 

My next natural question was: "Does this mean my rigid and artic licence is not valid anymore?"; well, it is valid but the CPC card expert told me that I have to sit the theory test again if I want the CPC card. At this point I asked for the piece of legislation or regulation that invalidates my theory test that I sat and passed. He explains there is no need for him to send me anything, it is on the RSA website. I start to research the RSA website, as you would expect, there is not even a mention anywhere that my theory test is not valid anymore. I decided I have to fight this back, I sent a second email explaining that I there is nothing on the RSA website that invalidates my theory test and that I am entitled to my CPC card and that I expect to receive it. As well, I sent a text message to the phone number that the CPC  Card expert called me of. A bit later I received a second phone call from the CPC card expert. He explains to me that he is basing his decision on a statement that is referring to a learner permit. There is not even a single mention about the CPC card. He explains to me that I did a test with 40 questions and that test does not count towards my CPC card, the new tests have 100 questions. I ask again, where is it written that, where is it mentioned about the CPC card. He explains to me that I have to do a new theory test with 100 questions despite the fact that before applying for a CPC card I have passed a truck theory test and I already had obtained a Full C (truck) licence. I asked again for the piece of legislation that invalidates my test, I asked where is the logic in having a full truck licence and then having to pass the theory test. The RSA website clearly states that I cannot do a "CPC Case Study" without a theory test, and I cannot do a CPC walkaround test without a passed theory test, a passed case study. But after I have passed the walkaround test I was told I have to do the theory test. you try to make sense of it. They did not accuse me of forging/cheating the test, I respected the laws as they were laid out at the time of every sitting and application, CPC Card expert had a personal opinion that is above Irish Law. I said that I do not agree with his decision, because is not based on the law or regulation and that I contest it, and I start to explain to him again why I do not agree with his decision, at which point he tells me bluntly that I can do whatever I want but I will not receive my CPC card untill I do as he said.

When I heard this non sense, I said that I will lodge a complain. The CPC Card expert very courteously explained me the process and the explained that when he will receive my complaint about his decision, he will forward it further. Then he advised me that I am not the first one in this position, that everyone has to do the same because otherwise he does not issue the card and cordially advised me that I am better off sitting the exam than sending in a complaint and waste 6 to 9 weeks and then sitting the test. I could not accept such a decision, as far as I am concerned at this point it is based on personal decision and abuse of power. 

The following day I called my solicitor, I explained him the whole situation, based on what I said to him, he tell me I am right and that I should sit the exam as the "CPC Card expert" said. I thought my phone broke down, that I do not understand English, I asked him again if I am right. Again, he explains to me that I am right and that I should do the theory test. I asked him about obtaining an injunction against RSA as I have learned in Business Law modules in university during my Bachelor of Commerce. Well here comes the real explanation why the CPC Card expert does whatever he wants. In Business Law in college you learn that Irish Courts do not award court expenses against public institutions, but what you do not learn in Business Law is that an injunction will sett you off at least €30,000. At that point I understood why my solicitor told me to sit the exam and file an appeal rather than fighting the decision despite the fact that I am right. 

In conclusion, in Ireland if you are poor and you do not have €30,000+ to spare you cannot really talk about justice, righteousness or principles. You have to do as you are told because the law states that you cannot work until you have a full Rigid/Artic license depending on what is your job to drive and the CPC Card. And this CPC Card expert said the Enforcement Officer will be announced that I might be potentially driving illegally because I do not agree with his decision. So, if you want to have justice, you have to say "Ciau! Adios!" to 30 grand, refrain from any paid work and miss out on any potential wages and in case you have borrowed money for the exams you have to explain to your lender (bank, loan shark, family, friend) why you won't be paying on time otherwise the CPC Card Expert will continue to belittle vocational drivers based on his personal opinion and ignorance of the Law.

CPC Card expert never ever said that he is a professional or expert of the Irish Law. He not once showed me the piece of legislation or regulation that invalidates my theory test (multiple choice question test) for the purpose of CPC. However, CPC Card expert told me that I have to do as I am told otherwise I won't see the CPC Card despite of how much I try to get my point across. At this stage I believe is irrelevant who is the CPC Card expert, there is no legislation that the decision is based on and I believe if there would be someone else in the same position, with the same lack of legal expertise, I would be still telling the same story. My complaint / appeal goes back to the same person that took the decision if first instance.

What have I done about it? I have sent in a complaint where I explain my point of view and I outline why I do not agree with the expert's personal opinion since there is no piece of legislation or regulation that sustains expert's decision. I sent a follow up letter and email showing that I have passed the theory test again even though there is no evidence to prove I needed to sit it again. I have requested that I am reimbursed for the theory test fee. I have received an email confirming that I will receive my CPC Card. I am waiting for an answer to my complaint and my reimbursement request, respectively. If I will not receive a legal evidence that I am wrong, I will bring RSA to Small Claims Court, ask to be  reimbursed the exam fee.