Road Traffic (Licensing of Drivers) (Amendment) (No. 3) Regulations 2013

• Jurisdiction: Ireland
• Citation: IR SI 420/2013
• Year: 2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th November, 2013.

I, Leo Varadkar, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by sections 5(1), 23(2) (inserted by section 57 of the Road Traffic Act 2010 (No. 25 of 2010) and 42 (as amended by section 12(2) of the Roads Act 2007 (No. 34 of 2007)) of the Road Traffic Act 1961 (No. 24 of 1961) 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:

1. These Regulations may be cited as the Road Traffic (Licensing of Drivers) (Amendment) (No. 3) Regulations 2013.

2. In these Regulations “Regulations of 2013” means the Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 ( S.I. No. 6 of 2013 ).

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

(a) by substituting “D1E” for “ED1” in each place where it occurs,

(b) by substituting for Regulation 12(1) the following:

“(1) A person making an application for a driving licence shall—

(a) have his or her normal residence in the State, or

(b) have been studying in the State for at least 6 months prior to the date of the application.

(1A) Subject to paragraph (1B), an application shall be made in person at an office of the licensing authority or an office authorised by the licensing authority in that behalf.

(1B) Notwithstanding paragraph (1A), a person who is granted a driving licence on foot of an application made in person shall not be required to apply again in person during the period of 5 years from the date on which that licence comes into force.

(1C) A person making an application in person shall allow his or her photograph to be taken for the purposes of the application.”,

(c) in regulation 12(2), by inserting after subparagraph (b) the following:

“(ba) in the case of an applicant referred to in paragraph (1)(b), evidence that he or she has been present in the State for the period of 6 months prior to the date of the application for the purposes of full-time study at a recognised school (within the meaning of section 2(1) of the Education Act 1998 (No. 51 of 1998)) or a third-level educational institution (within the meaning of section 1(1) of the Higher Education Authority Act 1971 (No. 22 of 1971)),”,

(d) in Regulation 12(4)(a)(vii), by inserting “and” after “such a theory test certificate,”,

(e) by deleting Regulation 12(4)(b),

(f) by substituting for Regulation 15(1) the following:

“(1) The holder of a driving licence may apply—

(a) in the case of a licence issued before 29 October 2013, in person at, or

(b) in the case of a license issued after 29 October 2013, to,

an office of the licensing authority or an office authorised by the licensing authority in that behalf for a duplicate of that licence and the application shall be on scheduled form D.401 and be accompanied by any evidence of identity required under Regulation 54.

(1A) A person making an application in person shall allow his or her photograph to be taken for the purposes of the application.”,

(g) In Regulation 17(6)(b), by substituting for clause (vii) (inserted by Regulation 3(i)(II) of the Regulations of 2013) the following:

“(vii) vehicles of any category where code 109 is endorsed on the licence, shall not drive such a vehicle unless he or she has taken a test for a certificate of competency within the first 2 months after the date of issue of the licence.”,

(h) by substituting for Regulation 20(1) the following:

“(1) A person making an application for a learner permit shall—

(a) have his or her normal residence in the State, or

(b) have been studying in the State for at least 6 months prior to the date of the application.

(1A) Subject to paragraph (1B), an application shall be made in person at an office of the licensing authority or an office authorised by the licensing authority in that behalf.

(1B) Notwithstanding paragraph (1A), a person who is granted a learner permit on foot of an application made in person shall not be required to apply again in person during the period of 5 years from the date on which that licence comes into force.

(1C) A person making an application shall allow his or her photograph to be taken for the purposes of the application.”,

(i) in Regulation 20(2) by inserting after subparagraph (b) the following:

“(ba) in the case of an applicant referred to in paragraph (1)(b), evidence that he or she has been present in the State for the period of 6 months prior to the date of the application for the purposes of full-time study at a recognised school (within the meaning of section 2 (1) of the Education Act 1998 (No. 51 of 1998)) or a third-level educational institution (within the meaning of section 1 (1) of the Higher Education Authority Act 1971 (No. 22 of 1971)),”

(j) by deleting Regulation 20(5)(b),

(k) by substituting for Regulation 22(1) the following:

“(1) The holder of a learner permit may apply—

(a) in the case of a learner permit issued before 29 October 2013, in person at, or

(b) in the case of a learner permit issued after 29 October 2013, to,

an office of the licensing authority, or an office authorised by the licensing authority in that behalf, for a duplicate of that permit and the application shall be on scheduled form D.201 and be accompanied by any evidence of identity required under Regulation 54.

(1A) A person making an application in person shall allow his or her photograph to be taken for the purposes of the application.”,

(l) In Regulation 32, by substituting for the Table to paragraph (2) (inserted by Regulation 3(m)(ii) of the Regulations of 2013) the following:

“TABLE

Code(1) Additional information/restrictions(2) 01 Must wear corrective lenses 02 Must wear hearing aid 03 Limb prosthesis/orthesis 46 Tricycles only 70 Exchange of recognised driving licence 71 Duplicate licence 73 Restricted to category B vehicles of the motor quadricycle type (B1) 79 Restricted to vehicles which comply with the specifications indicated in brackets 79. 01 Restricted to two-wheel vehicles with or without side-car 79. 02 Restricted to category AM vehicles of the three-wheel or light quadricycle type 79. 03 Restricted to tricycles 79. 04 Restricted to tricycles combined with a trailer having a maximum authorised mass not exceeding 750 kg 79. 05 Category A1 motorcycle with a power/weight ratio above 0.1 kW/kg 79. 06 Category BE vehicle where the maximum authorized mass of the trailer exceeds 3500...