Road Traffic Act 1994 (Detention of Vehicles) (Amendment) Regulations 2021.

JurisdictionIreland

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th April, 2021.

I, EAMON RYAN, Minister for Transport, in exercise of the powers conferred on me by section 41 (1) of the Road Traffic Act 1994 (No. 7 of 1994) (as adapted by the Transport, Tourism and Sport (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 351 of 2020 ), after consultation with the Minister for Justice, hereby make the following regulations:

1. These Regulations may be cited as the Road Traffic Act 1994 (Detention of Vehicles) (Amendment) Regulations 2021.

2. In these Regulations “Principal Regulations” means the Road Traffic Act 1994 (Detention of Vehicles) Regulations 2011 ( S.I. No. 460 of 2011 ).

3. Regulation 2 of the Principal Regulations is amended by the insertion of the following definitions:

“‘certificate of roadworthiness’ has the same meaning as it has in the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (No. 16 of 2012);

‘test certificate’ has the same meaning as it has in the Road Traffic Act 1961 (No. 24 of 1961).”.

4. Regulation 6 of the Principal Regulations is amended –

(a) by the substitution of the following paragraph for paragraph (d):

“(d) in the case of a vehicle referred to in section 41(1)(d) of the Act of 1994, that at the time it was detained a test certificate was in force in respect of the vehicle, or”, and

(b) by the substitution of the following paragraph for paragraph (e):

“(e) in the case of a vehicle referred to in section 41(1)(e) of the Act of 1994, that at the time it was detained a certificate of roadworthiness was in force in respect of the vehicle,”.

GIVEN under my Official Seal,

15 April, 2021.

EAMON RYAN,

Minister for Transport.

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 Act 1994 (Detention of Vehicles) Regulations 2011 ( S.I. No. 460 of 2011 ) to provide that the relevant waiver of charges provisions in the Regulations apply to all test certificates and certificates of roadworthiness issued by Member States and not only to those issued by Irish authorities.

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