Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1992.

• Statutory Instrument No.: 385/1992
• Date: 10 December 1992

Article
1. Citation, interpretation, etc.
PART I
Registration and Licensing
2. Application for licences.
3. Issue of licence.
4. Exhibition of licence on vehicle.
5. Defacement etc., of licence.
6. Vehicle Licensing Certificate.
7. Change of use of vehicle.
8. Alteration of vehicle.
9. Change of address of owner.
10. Sale of vehicle.
11. Acquisition of vehicle.
12. Destruction or permanent export of vehicle.
13. Surrender of licence.
14. General provisions relating to refunds.
15. Making of refunds.
16. Repayment of duty.
17. Calculation of refunds and allowances.
18. Licence becoming void.
19. Issue of replacement licences, registration books, and Vehicle Licensing Certificates.
20. Appointed weighbridge.
21. Weighing of vehicles.
22. Licensing Record.
23. Supply of Licensing particulars by licensing authority.
24. Exhibition of identification marks.
PART II
Exempt Vehicles
25. Exempt vehicles.
PART III
Miscellaneous
26. Part-year licences.
27. Calculation of cylinder capacity.
28. Calculation of seating capacity.
FIRST SCHEDULE
Regulations revoked
SECOND SCHEDULE
Forms prescribed for purposes of the Regulations
THIRD SCHEDULE
Form of identification marks
FOURTH SCHEDULE
Details of charges
S.I. No. 385 of 1992.
ROAD VEHICLES (REGISTRATION AND LICENSING) (AMENDMENT) REGULATIONS, 1992.
The Minister for the Environment in exercise of the powers conferred on him by sections 5 and 12 of the Roads Act, 1920, sections 1 and 3 of the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952), section 20 of the Finance Act, 1958 (No. 25 of 1958), section 4 of the Finance (Excise Duties) (Vehicles) (Amendment) Act, 1960 (No. 19 of 1960), Section 123 of the Road Traffic Act, 1961 (No. 24 of 1961), sections 65 and 77 of the Finance Act, 1976 (No. 16 of 1976) hereby makes the following regulations:—
	1 Citation, interpretation, etc.	1. (1) These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1992.
(2) These Regulations and the Road Vehicles (Registration and Licensing) Regulations, 1958 shall be construed as one and may be cited as the Road Vehicles (Registration and Licensing) Regulations, 1958 and 1992.
(3) These Regulations shall come into operation on the 1st day of January, 1993.
(4) The Regulations specified in the First Schedule to these Regulations are hereby revoked to the extent specified in the third column of that Schedule, but any application or declaration made, licence granted or certificate or other document issued, shall, if in force immediately before the coming into operation of these Regulations, continue in force and have effect as if made granted or issued under the corresponding provision of these Regulations.
(5) In these Regulations—
"the Act of 1952" means the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952);
"the Act of 1961" means the Road Traffic Act, 1961 (No. 24 of 1961);
"the Act of 1992" means the Finance Act 1992 (No. 9 of 1992);
"appropriate licensing authority" means the licensing authority to whom the application by an owner for a licence in respect of a vehicle is required to be made by sub-articles (1) and (2) of article 2 of these Regulations;
"authorised officer" and "licensing authority" have the meanings assigned to them by the Road Vehicles (Registration and Licensing) Order, 1958 ( S.I. No. 15 of 1958 );
"bicycle" has the meaning assigned to it in Part II of the Schedule to the Act of 1952;
"Department of State" includes a separate Office of State;
"identification mark" has the meaning ascribed to it in article 24 of these Regulations;
"invalid carriage" means a vehicle to which paragraph (f) of Section 1 (4) of the Act of 1952 applies;
"large public service vehicle" has the same meaning as in section 3 of the Act of 1961;
"licence" means a licence under section 1 of the Act of 1952 but does not include a trade licence;
"licensing period" means the period for which the licence in respect of which a repayment is claimed was issued;
"licensing record" means the record of particulars relating to the licensing of a vehicle established and maintained by the Minister or a licensing authority pursuant to article 22 of these Regulations;
"lighting-up hours" means the period commencing one half-hour after sunset on any day and expiring one half-hour before sunrise on the next day;
"military vehicle" means a vehicle used by the Defence Forces;
"the Minister" means the Minister for the Environment;
"month" means a calendar month;
"motor dealer" has the meaning assigned to it by Section 64 of the Finance Act, 1976 (No. 16 of 1976);
"owner" has the meaning assigned to it by Section 130 of the Act of 1992;
"pedestrian controlled vehicle" means a vehicle to which subparagraph 1 (b) of Part 1 of the Schedule to the Act of 1952 applies;
"prescribed declaration" means a declaration made for the purposes of these Regulations;
"registration certificate" means a certificate of registration under Section 131 of the Act of 1992;
"relevant licensing authority" means in relation to a vehicle, the licensing authority in whose functional area the vehicle is for the time being ordinarily kept or in case the vehicle is not ordinarily kept in a particular such area, the licensing authority in whose functional area is situated the principal place of business of the person by whom the vehicle is kept or the place where he ordinarily resides;
"tricycle" has the meaning assigned to it in Part II of the Schedule to the Act of 1992;
"vehicle" means a mechanically propelled vehicle.
(6) ( a ) A reference to a scheduled form shall be construed as a reference to such one of the forms specified in the Second Schedule to these Regulations as is applicable to the case;
( b ) The forms specified in the said Second Schedule shall be obtainable at the office of the licensing authority and at such other locations as may be designated by the Minister.
PART I Licensing
	2 Application for licences.	2. (1) ( a ) Subject to the provisions of sub-articles (2) and (4) of this article the owner of a vehicle who desires to obtain a licence for it shall make application by means of a prescribed declaration in the scheduled form to the licensing authority in whose area such vehicle will be ordinarily kept, or where the vehicle will not be ordinarily kept in any one area, to the licensing authority of the area in which is situated the principal place of business or the usual place of abode of the owner.
( b ) For the purposes of this sub-article a vehicle shall be deemed to be ordinarily kept in the area of the licensing authority in which is situated the garage or other place where the vehicle is ordinarily kept.
(2) The owner of a substantial fleet of vehicles may, with the consent of the licensing authority referred to in this paragraph, apply for licences in respect of all the vehicles in the fleet to the licensing authority of the area in which the owner's principal place of business in respect of the said fleet is situated.
(3) The fact that a licence in respect of a vehicle has been issued to the owner of that vehicle shall be evidence, until the contrary is proved, that the declaration signed upon application for the licence was signed by the owner or by a duly authorised agent acting on his behalf.
(4) Subject to the provisions of article 7 of these Regulations a licensing authority shall refuse an application for a licence for a vehicle where a licence for such vehicle is already in force and the new licence being sought is intended to relate to part or all of the period covered by the existing licence.
(5) On each application for a licence for a vehicle the owner of the vehicle shall produce to the licensing authority—
( a ) in the case of a pedestrian controlled vehicle which is excepted from Part IV of the Act of 1961, a declaration that the vehicle is so excepted, or
( b ) in any other case, the relevant evidence of insurance in respect of the vehicle.
(6) In this article, the relevant evidence of insurance in respect of a vehicle means either—
( a ) a certificate of insurance within the meaning of the Act of 1961, showing that when the licence comes into operation there will be in force an approved policy of insurance covering the use of the vehicle, or
( b ) such evidence as satisfies the licensing authority that the owner of the vehicle is either a vehicle insurer within the meaning of the Act of 1961, or an exempted person within the meaning of Part VI of that Act.
	3 Issue of licence.	3. Upon the receipt by a licensing authority of an application for a licence, upon compliance by the applicant with the provisions of sub-article (5) of article 2 of these Regulations, and upon payment by the applicant of the amount of duty appropriate to the vehicle, the licensing authority, if they are satisfied that the vehicle in respect of which the prescribed declaration is made is one in respect of which they are authorised to issue a licence and that the licence applied for is the appropriate licence for the vehicle specified, shall—
( a ) issue to the applicant an appropriate form of licence bearing the date of expiry thereof duly completed as required at paragraph (b);
( b ) enter upon such licence before issue thereof such particulars as the Minister may from time to time direct—
(i) the identification mark of the vehicle;
(ii) the cylinder capacity of the engine expressed in cubic centimetres, maximum seating capacity, or weight unladen (as the case may be) in respect of which duty has been paid;
(iii) the class, make and colour of the vehicle;
(iv) the annual rate of duty payable under the Act of 1952 and the amount of such duty paid;
(v) the date of issue of the licence;
(vi) the relevant code number of the...