(1) A member of the Garda Síochána may seize a driving licence or learner permit or a document which purports to be a driving licence or learner permit produced to him or her under section 40 of the Principal Act or section 61 of this Act, where the member has reasonable grounds for believing that-

(a) the holder of the licence or permit has been disqualified for holding a driving licence, or

(b) the driving licence or permit has been fraudulently obtained, is forged or altered or purports to be, but is not, a driving licence or permit.

(1A) Notwithstanding subsection (1) a member of the Garda Síochána may, in the case of a licence referred to in paragraph (d) of the definition of driving licence in subsection (6A), seize, under this section, only the document referred to in subparagraph (i) of that paragraph.

(2) A member of the Garda Síochána who has seized a licence or permit under subsection (1) may make a copy of it and-

(a) in the case of an Irish driving licence or learner permit, return it to the licensing authority,

(b) in the case of a foreign licence referred to in paragraph (b) or (c) of the definition of driving licence in subsection (6A), give or send it-

(i) where the holder of the licence is resident in the State, to the licensing authority, or