Road Traffic (Courses of Instruction) (Motorcycles) Regulations 2011

JurisdictionIreland
CitationIR SI 681/2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th December, 2011.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by sections 42(2)(inserted by section 10 of the Road Traffic Act 2006 (No. 23 of 2006)) of the Road Traffic Act 1961 (No. 24 of 1961) and section 18 (as amended by section 85 (a) to (c) of the Road Traffic Act 2010 (No. 25 of 2010)) of the Road Traffic Act 1968 (No. 25 of 1968) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )), hereby make the following regulations:

PART 1

Preliminary and General

Citation

1. These Regulations may be cited as the Road Traffic (Courses of Instruction) (Motorcycles) Regulations 2011.

Interpretation

2. (1) In these Regulations—

“Authority” means Road Safety Authority;

“category” means a category of vehicle set out in the Table to Regulation 6 of the Driver Licensing Regulations and includes a sub-category of a category;

“code 73” and “code 78” have the meanings assigned to them by Regulation 32 of the Driver Licensing Regulations;

“driving instructor” means a person whose name is entered in the Register of Approved Driving Instructors maintained under Regulation 17 of the Regulations of 2009 and who holds a driving instructor’s licence in respect of driving licence category A;

“driving instructor’s licence” means a driving instructor’s licence issued under Regulation 15(1) of the Regulations of 2009;

“Driver Licensing Regulations” means Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 );

“examiner” means a person appointed by the Authority under Regulation 42 of the Regulations of 2009;

“IBT certificate” means a certificate of satisfactory completion of initial basic training for motorcyclists issued under Regulation 9;

“IBT course” means a course of initial basic training for motorcyclists;

“initial basic training for motorcyclists” has the meaning assigned to it by Regulation 5;

“moped” and “motorcycle” have the meanings assigned to them by Regulation 3(1) of the Driver Licensing Regulations;

“Regulations of 2009” means Road Traffic (Driving Instructor Licensing) (No. 2) Regulations ( S.I. No. 203 of 2009 );

“relevant category” means any of the following categories of vehicle:

(a) A,

(b) A1,

(c) M,

(d) B where code 73 is denoted on a learner permit and the permit holder intends to ride a tricycle;

“trainer” means a driving instructor who has entered into arrangements with the Authority to provide Initial Basic Training for Motorcyclists;

“training centre” means a premises approved by the Authority for the purposes of the provision of initial basic training for motorcyclists;

“tricycle” has the meaning assigned to it by Regulation 3(1) of the Driver Licensing Regulations;

(2) A reference in these Regulations to a driving licence of a particular category is a reference to a driving licence that authorises the holder to drive, in the State, a vehicle in that category.

Application

3. These Regulations apply to a person to whom a first learner permit is issued after the making of these Regulations in respect of any of the following categories of vehicle as set out in the Table to Regulation 6 of the Driver Licensing Regulations:

(a) A,

(b) A1,

(c) M,

(d) B, where code 73 is denoted on the learner permit and permit holder intends to ride a tricycle.

PART 2

Initial basic training courses for motorcyclists

Requirement for motorcycle learner permit holders to undergo IBT course.

4. (1) A person who is issued with a first learner permit—

(a) shall undergo an IBT course in respect of the vehicle category he or she wants to drive, and

(b) shall not drive that vehicle in a public place unless he or she—

(i) is driving the vehicle while taking part in an IBT course for that category of vehicle, or

(ii) holds an IBT certificate in respect of the category of vehicle being driven and carries the certificate with him or her while so driving.

(2) A person who is issued with an IBT certificate in respect of an IBT course undertaken while driving a tricycle may not drive a motorcycle or moped unless he or she—

(a) is driving such a vehicle in the course of taking part in an IBT course, or

(b) holds an IBT certificate in respect of category A, A1 or M as appropriate and carries the certificate with him or her while so driving.

(3) A person whose learner permit has code 78 denoted on it may not drive a relevant vehicle other than one to which code 78 applies, unless he or she is driving the vehicle in the course of taking part in an IBT course in respect of the category of vehicle being driven.

(4) The prohibitions on driving referred to in paragraphs (1)(b), (2) and (3) are conditions of the person’s learner permit.

(5) Where a person—

(a) is issued with an IBT certificate under Regulation 9 in respect of an IBT course specified in column (1) of the Table to this Regulation, and

(b) the person is carrying the certificate with him or her while driving,

the person may drive any of the categories of vehicle specified in column (2) opposite the course mentioned in column (1).

TABLE

Initial basic training course(1)

Vehicle categories on learner permit(2)

A

A, A1, M

A1

A1, M

M

A1, M

B tricycle

B with code 73 denoted on it

(6) A person who is issued with a first learner permit in respect of a relevant category shall not undergo a test for a certificate of competency during the validity period of that learner permit or the validity period of a subsequent learner permit in respect of a relevant category unless he or she holds an IBT certificate for the category in relation to which the test is to be carried out.

(7) Paragraphs (1), (2) and (3) are penal provisions.

IBT courses

5. (1) Initial basic training for motorcyclists and IBT courses may only be given by trainers.

(2) The Authority may enter into arrangements with a driving instructor to provide initial basic training for motorcyclists in accordance with such criteria the Authority decides.

(3) An IBT course shall consist of training in procedures and processes in each of 4 modules as set out in Schedule 1.

(4) Each module must be taken in sequence and the course must be completed within two years of satisfactory completion of the first module.

(5) The duration of each module shall not be less than the minimum number of hours of training in respect of the module concerned as set out in Schedule 1.

(6) A trainee shall not advance to the next module or any subsequent module of an IBT Motorcycles course unless he or she has demonstrated to the satisfaction of the trainer the necessary proficiency in the procedures and processes of the preceding module.

(7) Where a trainee uses his or her own vehicle while undertaking an IBT course, he or shall ensure that the...

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