European Communities (Vehicle Testing) Regulations, 2004

• Jurisdiction: Ireland

STATUTORY INSTRUMENTS.
S.I. No. 771 of 2004 .
EUROPEAN COMMUNITIES (VEHICLE TESTING) REGULATIONS, 2004.
S.I. No. 771 of 2004 .
EUROPEAN COMMUNITIES (VEHICLE TESTING) REGULATIONS, 2004.
I, MARTIN CULLEN, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive 96/96/EC of 20 December 19961 and Commission Directive 2003/27/EC of 3 April 20032 , hereby make the following regulations:
	Citation and commencement	1. (1) These Regulations may be cited as the European Communities (Vehicle Testing) Regulations 2004.
(2) These Regulations come into operation on 13 December 2004.
	Interpretation	2. (1) In these Regulations—
“Act of 1952” means the Finance (Excise Duties) (Vehicles) Act 1952 (No. 24 of 1952);
“agricultural trailer” means a trailer, the property of a person engaged in agriculture, which is designed and used primarily for work on the land and which is used on a public road only incidentally to such work;
“ambulance” means a mechanically propelled vehicle used for the purpose of carrying sick, injured or disabled persons;
“anniversary of first registration” means a date that is one or more years after the date on which a vehicle was first registered;
“articulated vehicle” means the combination of a mechanically propelled vehicle and a drawn vehicle attached by partial superimposition and so constructed and attached that not less than 20 per cent of the weight of the drawn vehicle is borne by the mechanically propelled vehicle;
“authorised officer” means a person authorised by the Minister or by an issuing authority under Regulation 18;
“authorised tester” means a person or body appointed by an issuing authority under Regulation 6 to test vehicles under these Regulations:
“certificate of roadworthiness” means a certificate issued by an issuing authority under Regulation 15;
“combination of vehicles” means a combination of a mechanically propelled vehicle and one trailer;
“Council Directive” means Council Directive 96/96/EC of 20 December 19963 as last amended by Commission Directive 2003/27/EC of 3 April 20034 ;
“design gross weight” means the gross weight of a vehicle laden with the heaviest load which it can reasonably carry having regard to the engine capacity, brakes, tyres and general construction of such vehicle and shall, until the contrary is shown, be taken to be its design gross weight as specified by the manufacturer or, where the design gross weight of the vehicle as specified by the manufacturer is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer;
“e-mail” means electronic mail;
“fax” means a facsimile of a signed or written communication transmitted through the telecommunications system;
“first registration” means the date on which a vehicle was first registered, irrespective of country of registration, or where only the year of first registration is known, that year, in combination with the day and month of first registration in the State, and “first registered” shall be construed accordingly;
“goods trailer” means a trailer, including a semi-trailer, constructed or adapted primarily for the conveyance of goods or burden of any description having a design gross weight exceeding 3,500 kilograms and does not form part of a combination of vehicles which exceeds 44,000 kilograms gross weight, but excluding an agricultural trailer;
“goods vehicle” means a mechanically propelled vehicle, or an articulated vehicle, constructed or adapted primarily for the conveyance of goods or burden of any description whether or not the vehicle is used for such a purpose;
“issuing authority” means the council of a county or a city which exercises or performs the functions of a licensing authority under the Act of 1952;
“licence” means a licence issued for a vehicle under section 1 of the Act of 1952;
“licensing authority” means the council of a county or a city which exercises or performs the functions of a licensing authority under section 1 of the Act of 1952;
“mechanically propelled vehicle” has the meaning assigned to it by the Road Traffic Act 1961 (No. 24 of 1961);
“Minister” means the Minister for Transport;
“owner” means when used in relation to a vehicle—
(a) other than a vehicle referred to in paragraph (b), the person by whom the vehicle is normally kept, and
(b) which is the subject of a hire purchase agreement or leasing agreement, the person in possession of the vehicle under the agreement,
and “owned” shall be construed accordingly;
“pass statement” means a statement of vehicle roadworthiness given by an authorised tester under Regulation 14;
“public place” has the meaning assigned to it by the Road Traffic Act 1961 ;
“Regulations of 1991” means the European Communities (Vehicle Testing) Regulations 1991 ( S.I. No. 356 of 1991 );
“Regulations of 1991 to 2004” means the European Communities (Vehicle Testing) Regulations 1991 to 2004;
“relevant certificate” has the meaning assigned to it by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004 ( S.I. No. 213 of 2004 );
“re-test” means a subsequent test carried out on a vehicle under these Regulations, following the refusal of a certificate of roadworthiness in respect of that vehicle, where—
(a) the re-test is carried out on a day which is not more than 21 days after the day on which the certificate of roadworthiness was refused, and
(b) the reading on the vehicle's odometer at presentation for the retest has increased by not more than 4,000 kilometers on the odometer reading at the time the certificate of roadworthiness was refused;
“semi-trailer” means the drawn component of an articulated vehicle, or a vehicle constructed or adapted for use as such drawn component;
“test” means a test of a vehicle carried out in accordance with these Regulations;
“test centre” means a premises in which an authorised tester carries out tests on vehicles in accordance with these Regulations;
“test due date” means the date a vehicle mentioned in Regulation 4 is due a test;
“trailer” means a vehicle attached to a mechanically propelled vehicle (or to another vehicle attached to a mechanically propelled vehicle) or a vehicle constructed or adapted for the purpose of being drawn by a mechanically propelled vehicle;
“trained person” means a person referred to in Regulation 12(4) who carries out a test;
“vehicle” means a mechanically propelled vehicle having at least 4 wheels of a class referred to at subparagraphs (a), (b) and (d) of Regulation 3(1) and a vehicle of a class referred to at subparagraph (c) of Regulation 3(1).
(2) In these Regulations—
(a) a reference to a Regulation or Schedule is to a Regulation of, or Schedule to, these Regulations, unless it is indicated that reference to some other Regulations is intended,
(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
(3) A word or expression which is used in these Regulations and which is also used in a Directive referred to in these Regulations has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
	Application	3. (1) Subject to paragraph (2), these Regulations apply to—
(a) vehicles used for the carriage of passengers with more than 8 seats, excluding the driver's seat.
(b) goods vehicles,
(c) goods trailers, and
(d) ambulances.
(2) These Regulations do not apply to vehicles which are used by the Defence Forces or the Garda Síochána.
	Test due dates	4. (1) Subject to paragraph (2), the first test due date for a vehicle to which these Regulations apply is the first anniversary of its first registration.
(2) The first test due date for a vehicle of a class specified in column (2) of Schedule 1 at reference number 8 in column (1) which was first registered—
(a) on or before 31 August 2000, is the fourth anniversary of first registration of the vehicle, or
(b) between 1 September 2000 and 31 August 2003, is 1 September 2004.
(3) The relevant test due date mentioned in paragraphs (1) or (2) and each subsequent annual anniversary of that date are the test due dates for a vehicle to which these Regulations apply.
	Requirement on licensing authorities	5. A licensing authority shall refuse to issue a licence for a vehicle to which these Regulations apply unless the application for the licence is accompanied by a certificate of roadworthiness which is in force in respect of the vehicle on the day on which the licence comes into operation.
	Appointment of authorised testers	6. (1) Subject to paragraphs (3) and (4), an issuing authority may appoint authorised testers to test vehicles in accordance with these Regulations.
(2) An issuing authority may at any time suspend or terminate an appointment as an authorised tester under paragraph (1).
(3) An issuing authority shall not consider a person for appointment as an authorised tester unless—
(a) the person makes application to it in the form directed by the Minister for such purpose, and
(b) the fee specified in paragraph (6) accompanying the application has been paid.
(4) (a) In considering an application for appointment as an authorised tester an issuing authority must be satisfied that a person or body has, or has access to, premises, trained persons and equipment to enable tests to be carried out in accordance with these Regulations in respect of vehicles of every class referred to in Regulation 3(1).
(b) For the purposes of subparagraph (a) an issuing authority must be satisfied that the applicant fulfils the requirements in relation to premises, trained persons and equipment...