Section 38 of the Principal Act is amended -

(a) in subsection (2), by substituting for paragraph (a) the following:

"(a) A person who contravenes subsection (1) is guilty of an offence and, subject to subsection (5), is liable on summary conviction -

(i) where at the time of the commission of the offence he or she had been the holder of a driving licence (other than a learner permit) which had expired beyond its period of validity for a period of not more than 12 months before the commission of the offence, to a fine not exceeding €1,000, and

(ii) in any other case, to a fine not exceeding €2,000.";

and

(b) by substituting for subsection (5) the following:

"(5) A person -

(a) who is summarily convicted of the offence of contravening subsection (1) and was at the time he or she committed the offence -

(i) disqualified for holding a driving licence, or

(ii) a person required to produce a certificate of competency or a certificate of fitness before obtaining a driving licence,

in lieu of the penalty mentioned in subsection (2) (a), or