Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011

JurisdictionIreland

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th September, 2011.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 38 (1) of the Local Government Act 1955 (No. 9 of 1955), sections 5 (1), 23 (2), 31 (2), 34 and 42 of the Road Traffic Act 1961 (No. 24 of 1961), section 2 of the Road Traffic Act 2006 (No. 14 of 2006) 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 )), for the purpose of giving further effect to Directive No. 2006/126/EC of the European Parliament and of the Council of 20 December 20061 , hereby make the following regulations:

1. (1) These Regulations may be cited as the Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011.

(2) These Regulations come into operation on 19 January 2013.

2. The Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ) are amended—

(a) In Regulation 3(1)—

(i) by substituting for the definition of “automatic transmission” the following:

“ ‘automatic transmission’ means a vehicle in which no clutch pedal (or lever operated manually for categories A or A1) is present;”,

(ii) by substituting for the definition of “commencement day” the following:

“ ‘commencement day’ in relation to a driving licence or a learner permit, means the day on which the licence or permit is granted;”,

(iii) by inserting after the definition of “land tractor” the following:

“ ‘light quadricycle’ has the meaning assigned to it in Article 1(3)(a) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 20026 ;”,

(iv) by substituting for the definition of “moped” the following:

“ ‘moped’ means—

(a) a two-wheel vehicle or three-wheel vehicle with a maximum design speed of more than 25 km/h but not more than 45 km/h, or

(b) a light quadricycle,

as defined in Article 1(2)(a) and Article 1(3)(a) respectively of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 20026;”,

(v) by substituting for the definition of “motorcycle” the following:

“ ‘motorcycle’ means a two-wheel vehicle, with or without a sidecar, as defined in Article 1(2)(b) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 20026;”,

(vi) by inserting after the definition of “passenger accommodation” the following:

“ ‘quadricycle’ means vehicles as defined in Article 1(3)(b) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002;”,

(vii) by inserting after the definition of “trailer” the following:

“ ‘tricycle’ means vehicles with 3 symmetrically arranged wheels, as defined in Article 1(2)(c) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 20026;”,

and

(viii) by deleting the definition of “tricycle and quadricycle”,

(b) in Regulation 6, by substituting for the Table the following:

“TABLE

(1)

Category

(2)

Vehicles in Category

A

Motorcycles.

Motor tricycles.

A1

Motorcycles with an engine capacity not exceeding 125 cubic centimetres, with a power rating not exceeding 11 kW and with a power to weight ratio not exceeding 0.1 kW/kg.Motor tricycles with a power rating not exceeding 15 kW.

A2

Motorcycles with a power rating not exceeding 35 kW, with a power to weight ratio not exceeding 0.2 kW/kg and not derived from a vehicle of more than double its power.

AM

Mopeds.

Light quadricycles.

B

Vehicles (other than motorcycles, mopeds, work vehicles or land tractors) having a design gross vehicle weight not exceeding 3,500 kg, having passenger accommodation for not more than 8 persons and where the design gross vehicle weight of the trailer is not greater than 750 kg.

A licence with code 106 permits the combination of drawing vehicle and trailer where the design gross vehicle weight of the trailer may exceed 750 kg and where the design gross vehicle weight of the drawing vehicle and trailer combined does not exceed 4,250 kg.

BE

Combination of drawing vehicles in category B and trailer where the design gross vehicle weight of the trailer is not greater than 3,500 kg.

C

Vehicles (other than work vehicles or land tractors) having a design gross vehicle weight exceeding 3,500 kg, having passenger accommodation for not more than 8 persons and where the design gross vehicle weight of the trailer is not greater than 750 kg.

CE

Combination of drawing vehicles in category C and trailer where the design gross vehicle weight of the trailer is greater than 750 kg.

C1

Vehicles in category C having a design gross vehicle weight not exceeding 7,500 kg, having passenger accommodation for not more than 8 persons and where the design gross vehicle weight of the trailer is not greater than 750 kg.

C1E

Combination of drawing vehicles in category C1 and trailer where the design gross vehicle weight of the trailer is greater than 750 kg and where the design gross vehicle weight of the drawing vehicle and trailer combined does not exceed 12,000 kg.

Combination of drawing vehicles in category B with trailer where the design gross vehicle weight of the trailer is greater than 3,500 kg and where the design gross vehicle weight of the drawing vehicle and trailer combined does not exceed 12,000 kg.

D

Vehicles having passenger accommodation for more than 8 persons and where the design gross vehicle weight of the trailer is not greater than 750 kg.

DE

Combination of drawing vehicles in category D and trailer where the design gross vehicle weight of the trailer is greater than 750 kg.

D1

Vehicles in category D having passenger accommodation for not more than 16 persons, with a maximum length not exceeding 8 metres and where the design gross vehicle weight of the trailer is not greater than 750 kg.

D1E

Combination of drawing vehicles in category D1 and trailer where the design gross vehicle weight of the trailer is greater than 750 kg.

W

Work vehicles and land tractors.

”,

(c) by substituting for Regulation 7 the following:

“7.(1) A combination of vehicles which consists of a drawing vehicle and a trailer shall, for the purpose of these Regulations, be regarded as a vehicle—

(a) in category B, where the drawing vehicle is in category B and—

(i) the design gross vehicle weight of the trailer does not exceed 750 kg, or

(ii) the design gross vehicle weight of the trailer exceeds 750 kg but where the design gross vehicle weight of the combination does not exceed 4,250 kg,

(b) in category B, C1, C, D1 or D, where the drawing vehicle is in category B, C1, C, D1 or D, respectively, and the design gross vehicle weight of the trailer does not exceed 750 kg, or

(c) in category W, where the drawing vehicle is in category W.

(2)(a) Vehicle categories C1E and D1E cover only combinations where the design gross vehicle weight of the trailer does not exceed the unladen weight of the drawing vehicle.

(b) The trailer in combinations of vehicles in category D1E shall not be used for the transport of persons.”,

(d) by substituting for Regulation 9 the following:

“9.(1) Subject to paragraph (2), the age set out in column (2) of the Table below opposite the mention of a vehicle category in column (1) of the Table is the age below which a person is disqualified from holding a driving licence or a learner permit in respect of vehicles of that category.

TABLE

(1)

Vehicle Category

(2)

Age in Years

A1, AM or W

16

B, BE

17

A2, C1, C1E

18

A

20

C, CE, D1, D1E

21

D, DE

24

(2) Where a person holds a certificate of professional competence (“CPC”) as referred to in Article 6 of Directive 2003/59/EC of the European Parliament and of the Council of 15 July 20037 , the age set out in column (3) of the Table below opposite the mention of a vehicle category in column (1) of the Table, subject to the requirement set out in column (2), is the age below which a person is disqualified from holding a driving licence or a learner permit in respect of vehicles of that category.

TABLE

(1)

Vehicle Category

(2)

Requirement

(3)

Age in Years

C, CE

provided applicant holds a CPC as referred to in Article 6(1) of Directive 2003/59/EC of the European Parliament and of the Council of 15 July 20037.

18

D, DE

provided applicant holds a CPC as referred to in Article 6(1) of Directive 2003/59/EC of the European Parliament and of the Council of 15 July 20037.

21

C, CE

provided applicant holds a CPC as referred to in Article 6(2) of Directive 2003/59/EC of the European Parliament and of the Council of 15 July 20037.

21

D, DE

provided applicant holds a CPC as referred to in Article 6(2) of Directive 2003/59/EC of the European Parliament and of the Council of 15 July 20037.

23

D1, D1E

provided applicant holds a CPC as referred to in Article 6(2) of Directive 2003/59/EC of the European Parliament and of the Council of 15 July 20037.

21

”,

(e) in Regulation 10, by deleting paragraph (4) and substituting for paragraph (2) the following:

“(2) A driving licence shall, subject to paragraph (3), be granted for a period of—

(a) in the case of an applicant less than 60 years of age on the commencement day, for a licence to drive vehicles of category A, A1, A2, AM, B, BE or W, 10 years plus the unexpired period of a licence previously granted to the applicant,

(b) in the case of an applicant less than 60 years of age on the commencement day, for a licence to drive vehicles of category C, CE, C1, C1E, D, DE, D1 or D1E, 5 years plus the unexpired period of a licence previously...

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