Road Traffic Act 1994 (Detention of Vehicles) (Amendment) Regulations 2018

JurisdictionIreland
CitationIR SI 537/2018

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th December, 2018.

I, SHANE ROSS, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 4 1(1) (as amended by section 4 of the Road Traffic (Amendment) Act 2018 (No. 18 of 2018)) of the Road Traffic Act 1994 (No. 7 of 1994) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )), after consultation with the Minister for Justice and Equality, hereby make the following regulations:

1. These Regulations may be cited as the Road Traffic Act 1994 (Detention of Vehicles) (Amendment) Regulations 2018.

2. These Regulations come into operation on 22 December 2018.

3. Regulation 6 of the Road Traffic Act 1994 (Detention of Vehicles) Regulations 2011 ( S.I. No. 460 of 2011 ) is amended by substituting for paragraph (aa) (inserted by Regulation 2 of the Road Traffic Act 1994 (Detention of Vehicles) (Amendment) Regulations 2016 ( S.I. No. 48 of 2016 )) the following:

“(aa) in the case of a person to whom subparagraph (i), (ii) or (iii) of section 41(1)(a) of the Act of 1994 applies, he or she was, at the time when the vehicle was detained, the holder of a driving licence or learner permit licensing him or her to drive the vehicle,

(ab) in the case of a person to whom subparagraph (iv) (inserted by section 4 (c) of the Road Traffic (Amendment) Act 2018 (No. 18 of 2018)) of section 41(1)(a) of the Act of 1994 applies, he or she was, at the time when the vehicle was detained-

(i) the holder of a driving licence, or

(ii) accompanied by and under the supervision of a qualified person within the meaning of Regulation 17(6)(a) of the Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ).”.

GIVEN under my Official Seal,

13 December 2018.

SHANE ROSS,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Road Traffic Detention of Vehicles Regulations to allow for a waiver of fees in a case where a vehicle is incorrectly detained for being driven by a learner driver unaccompanied by a qualified driver.

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