European Communities (Vehicle Testing) Regulations, 1991

• Jurisdiction: Ireland
• Citation: IR SI 356/1991

S.I. No. 356 of 1991.

EUROPEAN COMMUNITIES (VEHICLE TESTING) REGULATIONS, 1991.

Article

1. Citation and Operative Dates.

2. Revocations.

3. Definitions.

4. Vehicles to which these Regulations apply.

5. Appointment of Authorised Testers by Issuing Authorities.

6. Registers of Authorised Testers and Test Personnel.

7. Vehicle Tests etc.

8. Recommendations by Minister.

9. Records, Documentation and Information.

10. Certificates of Roadworthiness.

11. Cancellation of Pass Statement and Certificate of Roadworthiness.

12. Authorised Officers.

13. Powers of Garda to Inspect Vehicle.

14. Requirement to have Certificate.

15. Production of Certificate to Garda/Power to Arrest.

16. Penalties.

17. Disposal of Fees.

18. Expenses of Issuing Authorities.

19. Amendment of Vehicle Licensing Regulations.

20. Amendment of Roads Act, 1920.

SCHEDULES.

First Schedule — Vehicles to which these Regulations apply etc.

Second Schedule—Form of Certificate of Roadworthiness.

Third Schedule—Items to be tested.

Fourth Schedule— Items to be tested.

S.I. No. 356 of 1991.

EUROPEAN COMMUNITIES (VEHICLE TESTING) REGULATIONS, 1991.

The Minister for the Environment in exercise of the powers conferred on him by Section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive 77/143/EEC(1) as amended by Council Directive 88/449/EEC(2) hereby makes the following Regulations:—

(1)OJ No. L47/47; 18/2/1977.

(2)OJ No. L222/10; 12/8/1988. 1. (1) These regulations may be cited as the European Communities (Vehicle Testing) Regulations, 1991.

(2) Subject to sub-article (3) of this article, these Regulations shall come into operation on the 1st day of January, 1992.

(3) In relation to vehicles of class 5 as specified in column 1 of the First Schedule hereto, these Regulations shall apply as follows—

( a ) for such vehicles which are seven years or more since first registration—

(i) all of these Regulations other than articles 14, 15 and 16 as and from the 1st day of January, 1993, and,

(ii) articles 14, 15 and 16 as and from the 1st day of January, 1994; and

( b ) for such vehicles which are four years or more since first registration—

(i) all of these Regulations other than articles 14, 15 and 16 as and from the 1st day of January, 1994, and

(ii) articles 14, 15 and 16 as and from the 1st day of January, 1995. 2. The European Communities (Vehicle Testing) Regulations, 1981 to 1986 are hereby revoked. 3. In these Regulations, save where the context otherwise requires,—

"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;

"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 appointed by the Minister or an issuing authority for the purposes of article 12 of these Regulations;

"authorised tester" means a person or body appointed by an issuing authority to test vehicles under these Regulations;

"Council Directive" means Council Directive 77/143/EEC of 29th December, 1976 as amended by Council Directive 88/449/EEC of 26th July, 1988 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers;

"current certificate of roadworthiness" shall have the meaning given in sub-article (6) of article 10 of these Regulations;

"design gross vehicle weight" of a vehicle means the gross weight of the vehicle laden with the heaviest load which it can reasonably carry having regard to the engine capacity, brakes, tyres and general construction of the vehicle and shall, until the contrary is shown, be taken to be:—

(i) the design gross weight of the vehicle as specified by the manufacturer or distributor of the vehicle, or

(ii) where the design gross weight of the vehicle as specified by the manufacturer or distributor is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer;

"goods vehicle" has the meaning assigned to it in the Road Vehicles (Registration and Licensing) Regulations, 1982 to 1990;

"goods trailer" means a trailer including a semi-trailer, other than an agricultural trailer, constructed or adapted primarily for the conveyance of goods or burden of any description;

"issuing authority" means the council of a county or the corporation of a county borough which exercises or performs the functions of a licensing authority under the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952);

"mechanically propelled vehicle" has the meaning assigned to it by the Road Traffic Act, 1961 (No. 24 of 1961) but does not include a pedal cycle;

"the Minister" means the Minister for the Environment;

"owner", when used in relation to a vehicle which is the subject of a hire purchase or leasing agreement, means the person in possession of the vehicle under such agreement;

"public place" means any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;

"semi-trailer" means the drawn component of an articulated vehicle or a vehicle constructed or adapted for use as such drawn component;

"small public service vehicle" has the meaning assigned to it by the Road Traffic Act 1961 (No. 24 of 1961);

"taxi" means a small public service vehicle fitted with a taximeter and licensed for hire in a taximeter area;

"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. 4. (1) Subject to sub-articles (2) and (3) of this article and to sub-article (3) of article 1 hereto, these Regulations shall apply to vehicles of the classes specified in column 1 of the First Schedule hereto.

(2) These Regulations shall not apply to a vehicle whose first registration, either in the State or outside the State, took place within a period of time of less than that specified in column 2 of the First Schedule hereto for the relevant vehicle class.

(3) These Regulations shall not apply to vehicles belonging to, or used for official purposes by a member of, the Defence Forces or the Garda Siochana. 5. (1) An issuing authority may appoint as authorised testers as respects all or any of the vehicle classes to which these Regulations apply persons or bodies who make application in a form approved by the Minister and who have or have access to premises, trained personnel within the meaning specified in sub-article (2) of article 6 hereto and equipment appropriate to carry out roadworthiness tests in respect of the items listed in the schedule or schedules specified in column 4 of the First Schedule hereto for the relevant vehicle class or classes.

(2) A fee of £75 shall accompany each application.

(3) An issuing authority may at any time suspend or terminate the appointment of an authorised tester. 6. (1) An issuing authority shall maintain a register of authorised testers appointed by it and shall make available to the public during ordinary office hours the names and addresses of persons so appointed.

(2) ( a ) An issuing authority shall maintain a register of persons who have undergone courses of training supervised by authorised officers appointed by the Minister and shall make it available to the public during ordinary office hours.

( b ) An issuing authority may remove the name of any person from the register following failure by that person to undergo periodic training or to carry out roadworthiness tests in a fit and proper manner.

( c ) Persons named in the register shall be "trained personnel" for the purpose of sub-article (1) of article 5. 7. (1) The owner of a vehicle to which these Regulations apply may apply to an authorised tester for a test in respect of the vehicle.

(2) The application shall be accompanied by a fee as follows:—

( a ) for vehicles in fee category A as specified in column 5 of the First Schedule hereto for the relevant vehicle class, a fee of £47,

( b ) for vehicles in fee category B as specified in column 5 of the First Schedule hereto for the relevant vehicle class, a fee of £37, and

( c ) for vehicles in fee category C as specified in column 5 of the First Schedule hereto for the relevant vehicle class, a fee of £25.

(3) Where an application is made, the authorised tester shall test the vehicle in respect of the items listed in the schedule specified in column 4 of the First Schedule hereto for the relevant vehicle class, having regard to any recommendations made under article 8 as to the manner in which the tests are to be carried out, and

( a ) where he is satisfied that the vehicle is roadworthy as respects such items, he shall give to the owner of the vehicle a statement in a form approved by the Minister (hereinafter referred to as a "pass statement"), and

( b ) where he is not so satisfied, he shall notify the owner in a form approved by the Minister of the items in respect of which he is not so satisfied.

(4) Where a test is carried out by an authorised tester for the purpose of these Regulations the test shall be carried out by a person who is named on the register referred to in sub-article (2) of article 6 hereto and the results of the test shall be authenticated by the signature of that person.

(5) An...