Road Traffic (Licensing of Drivers) Regulations, 1999

JurisdictionIreland
CitationIR SI 352/1999

ARRANGEMENT OF ARTICLES

PART 1

Preliminary and General

Article

1.

Citation.

2.

Commencement.

3.

Interpretation.

4.

Forms.

5.

Categories of vehicles.

6.

Provisions ancillary to article 5.

7.

Excepted vehicles.

8.

Minimum ages.

9.

Disqualifying diseases or disabilities.

10.

Keeping of records by licensing authorities.

11.

Furnishing of information and inspection of records.

12.

Disposition of fees.

13.

Penal regulations.

PART 2

Driving Licences

14.

Form of driving licence and period of grant.

15.

Application for driving licence.

16.

Grant of driving licence.

17.

Motorcycle engine size restriction.

18.

Duplicate driving licence.

PART 3

Provisional Licences

19.

Application of provisions of the Act to provisional licences.

20.

Form, period and effect of provisional licence.

21.

Fee for provisional licence.

22.

Limitations on application for provisional licence.

23.

Application for provisional licence.

24.

Grant of provisional licence.

25.

Duplicate provisional licence.

PART 4

Certificates of Competency

26.

Issuing authority and delegation of functions.

27.

Form and period of validity of certificate of competency.

28.

Fee for certificate of competency.

29.

Driving test.

30.

Persons whose applications for driving licences are required to be accompanied by certificate of competency.

31.

Application for certificate of competency.

32.

Deferred decision on application for a certificate of competency.

33.

Appeal against decision on application for a certificate of competency.

34.

Duplicate certificate of competency.

PART 5

Health and Fitness

35.

Issuing authority and delegation of functions.

36.

Relevant aspects of a person's physical and mental condition.

37.

Form and period of validity of certificate of fitness.

38.

Form of report.

39.

Fee for certificate of fitness.

40.

Application for certificate of fitness.

41.

Duplicate certificate of fitness.

42.

Requirement to provide medical report and eye-sight report.

PART 6

Endorsements and Disqualifications

43.

Interpretation.

44.

Application to national driving licences.

45.

Where consequential disqualification order is made.

46.

Where ancillary disqualification order is made.

47.

Where special disqualification order is made.

48.

Where order for endorsement in case of conviction is made.

49.

Where disqualification is removed.

50.

Delivery of licence in certain cases.

51.

Notification of making of orders.

52.

Retention of licence by licensing authority.

53.

Penal regulations.

54.

Duplicate licences in certain cases.

PART 7

Miscellaneous Provisions

55.

Photographs.

56.

Evidence of identity.

57.

Revocations.

58.

Codes indicating additional information and restrictions.

SCHEDULES

SCHEDULE 1

Scheduled forms

SCHEDULE 2

Disqualifying diseases or disabilities

SCHEDULE 3

Diseases or disabilities where medical report is required

SCHEDULE 4

Driving operations to be carried out during driving test

SCHEDULE 5

Eyesight standards

SCHEDULE 6

Aspects and standards of physical and mental fitness

SCHEDULE 7

Minimum vehicle requirements for the purpose of the practical driving test

SCHEDULE 8

Regulations revoked

S.I. No. 352 of 1999.

ROAD TRAFFIC (LICENSING OF DRIVERS) REGULATIONS, 1999.

In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 5 , 23 (2), 31 , 33 , 34 , 35 , 38 (7) and 42 of the Road Traffic Act, 1961 (No. 24 of 1961), which powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997, I, ROBERT MOLLOY, Minister of State at the Department of the Environment and Local Government hereby make the following Regulations:—

PART 1

Preliminary and General

Citation.

1. These Regulations may be cited as the Road Traffic (Licensing of Drivers) Regulations, 1999.

Commencement.

2. These Regulations shall come into operation on 15 November 1999.

Interpretation.

3. (1) In these Regulations, unless the context otherwise requires—

“Act” means the Road Traffic Act, 1961 (No. 24 of 1961);

“articulated vehicle” means the combination of a mechanically propelled vehicle (other than a bicycle) and a drawn vehicle attached by partial superimposition and so constructed and attached that not less than 20 per cent of the weight of the drawn vehicle is borne by the mechanically propelled vehicle;

“automatic transmission” means any system for connecting engine output to driven wheel which is controlled by any method except one consisting solely of driver operated mechanical or hydraulic linkages;

“category” means any one of the categories of vehicles specified in article 5 of these Regulations and, save where the context otherwise requires, includes a sub-category of any such category;

“certificate of registration” has the meaning assigned to it in article 11 of the Aliens Order, 1946 ( S.R.O. No. 395 of 1946 );

“commencement day” in relation to a driving licence or a provisional licence means the day on which the licence is granted;

“cylinder capacity” means the cylinder capacity of an engine of a vehicle as calculated in accordance with article 30 of the Road Vehicles (Registration and Licensing) Regulations, 1992 ( S.I. No. 385 of 1982 );

“date of application” means the date on which an application for a certificate of competency, a certificate of fitness, a driving licence or a provisional licence is received by an issuing authority;

“design gross vehicle weight” in relation to a vehicle, has the meaning assigned to it by sub-article (2) of this article;

“driver tester” means an officer appointed by the Minister to carry out tests under section 33 of the Act;

“European Economic Area” has the meaning assigned to it in the European Economic Area Agreement between the European Community and the European Free Trade Area signed in Oporto, Portugal on 2 May 1992;

“land tractor” means a vehicle (other than a cycle) which has at least two axles and which:—

(a) is constructed primarily for use on land to pull, push, carry or operate tools, machines or trailers used in connection with agriculture, forestry, land levelling, dredging or similar operations, and

(b) is not constructed itself primarily to carry a load other than a load which is incidental to its use as a tractive vehicle;

“Local Government Fund” means the Fund established by section 3 of the Local Government Act 1998 (No. 16 of 1999);

“Minister” means the Minister for the Environment and Local Government;

“moped” means a mechanically propelled bicycle fitted with an engine having a cylinder capacity not exceeding 50 cubic centimetres, if of the internal combustion type, and/or having a maximum design speed of not more than 45 kilometres per hour;

“motorcycle” means a mechanically propelled bicycle, with or without a sidecar, fitted with an engine having a cylinder capacity of more than 50 cubic centimetres, if of the internal combustion type, and/or having a maximum design speed of more than 45 kilometres per hour;

“national driving licence” means a licence to drive a vehicle (not being a licence issued to a person to enable that person to learn to drive) issued by the competent authority of a State other than Ireland;

“normal residence” means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he or she is living. However, the normal residence of a person whose occupational ties are in a difference place from his or her personal ties and who subsequently lives in turn in different places situated in two or more Member States of the European Communities or of the European Economic Area shall be regarded as being the place of his or her personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence;

“passenger accommodation” means seating passenger accommodation determined in accordance with the Road Traffic (Passenger Accommodation of Mechanically Propelled Vehicles) Regulations, 1962 ( S.I. No. 143 of 1962 );

“recognised driving licence” has the meaning assigned to it by article 30 (7) of these Regulations;

“recognised ophthalmic optician” means a person registered in the Register of Ophthalmic Opticians kept by the Board under the Opticians Act, 1956 (No. 17 of 1956);

“revoked Regulations” means the Road Traffic (Licensing of Drivers) Regulations, 1989 ( S.I. No. 285 of 1989 );

“test” means a test carried out under section 33 of the Act;

“trailer” means a vehicle attached to a mechanically propelled vehicle for the purpose of being drawn by the mechanically propelled vehicle;

“tricycle and quadricycle” means respectively any three and four-wheeled vehicle in category B with a maximum design speed of over 50 kilometres per hour or powered by a spark-ignition internal combustion engine with a cubic capacity of more than 50 cubic centimetres or any other engine of equivalent power. The unladen mass shall not exceed 550 kilograms. The unladen mass of electrically propelled vehicles shall not take account of the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT