Road Traffic (Licensing of Drivers) (Amendment) (No. 9) Regulations 2020.

JurisdictionIreland
CitationIR SI 508/2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th November, 2020.

I, EAMON RYAN, Minister for Transport, in exercise of the powers conferred on me by sections 5 (1), 23 (2), 42 (2)(b), 42 (2)(c) and 42 (2)(f) of the Road Traffic Act 1961 (No. 24 of 1961) and section 2 of the Road Traffic Act 2006 (No. 23 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, Tourism and Sport (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 351 of 2020 )), and for the purposes of giving further effect to Annex I of Directive No. 2006/126/EC of the European Parliament and of the Council of 20 December 2006,1 as amended by Commission Directive No. 2011/94/EU of 28 November 2011,2 Council Directive No. 2013/22/EU of 13 May 2013,3 and Commission Directive No. (EU) 2015/653 of 24 April 2015,4 in so far as it relates to Regulation 4, hereby make the following regulations:

1. (1) These Regulations may be cited as the Road Traffic (Licensing of Drivers) (Amendment) (No. 9) Regulations 2020.

(2) These Regulations come into operation on 9 November 2020.

2. In these Regulations -

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

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

3. Regulation 3(1) of the Regulations of 2006 is amended by the insertion of the following definition:

“‘licence record’ has the meaning assigned to it by the Road Traffic Act 2002 (No. 12 of 2002);”.

4. Regulation 10 of the Regulations of 2006 is amended by the substitution of the following paragraph for paragraph (1):

“(1) (a) A driving licence shall be in scheduled form D.402 and shall comply with the provisions of Annex I of Directive No. 2006/126/EC of the European Parliament and of the Council of 20 December 2006,5 as amended by Commission Directive No. 2011/94/EU of 28 November 2011,6 Council Directive No. 2013/22/EU of 13 May 2013,7 and Commission Directive No. (EU) 2015/653 of 24 April 20158 .

(b) In scheduled form D.402 -

(i) ‘Date of issue’ indicates the date on which the driving licence concerned comes into force,

(ii) ‘Date of expiry’ indicates the date on which the driving licence concerned expires,

(iii) ‘Valid from’ indicates the date on which the licence holder first held a driving licence in the category concerned, and

(iv) ‘Valid to’ indicates the date on which the licence expires in respect of the category concerned.”.

5. Regulation 12 of the Regulations of 2006 is amended -

(a) by the substitution of the following paragraph for paragraph (1A):

“(1A) An application for a driving licence shall be made to the licensing authority or to an office authorised by the licensing authority in that behalf -

(a) in person,

(b) online, by means of an online licence application system provided by or on behalf of the licensing authority, or

(c) where one of the following conditions is met, and subject to paragraph (1AB), by post:

(i) the applicant has attained the age of 70 years on the date his or her application is received by the licensing authority;

(ii) the applicant, whose normal residence is in the State, is outside the State because of attendance at a university or school or in order to carry out a task of a definite duration.”,

(b) by the insertion of the following paragraph after paragraph (1A):

“(1AB) Paragraph (1A)(c) shall not apply in the case of an application for the exchange of a recognised driving licence.”,

(c) by the deletion of paragraph (1B),

(d) by the insertion of the following paragraph after paragraph (1B):

“(1BA) Where the licensing authority holds a photograph of a person making an application under paragraph (1A)(a) on the licence record, it may use that photograph for the purposes of the application, provided it is satisfied that the photograph is recent and shows an adequate facial likeness to the person.”,

(e) by the substitution of the following paragraph for paragraph (1C):

“(1C) A person making an application under paragraph (1A)(a) shall, where the licensing authority does not hold a photograph or is not satisfied in relation to a photograph under paragraph (1BA), allow his or her photograph, with adequate facial likeness, to be taken by or on behalf of the licensing authority for the purposes of the application.”,

(f) by the insertion of the following paragraphs after paragraph (1C):

“(1CA) A person making an application under subparagraph (b) or (c) of paragraph (1A) shall provide his or her photograph, which shall be recent and show an adequate facial likeness to him or her, to the licensing authority for the purposes of the application.

(1CB) Where an application is made under subparagraph (b) or (c) of paragraph (1A) and the licensing authority is not satisfied that a photograph provided under paragraph (1CA) satisfies the requirements of that paragraph, the licensing authority may -

(a) use a photograph which it holds on the licence record, provided the authority is satisfied that the photograph complies with the requirements of paragraph (1CA), or

(b) where the licensing authority does not hold a photograph which complies with the requirements of paragraph (1CA), require the applicant to provide a further photograph under paragraph (1CA).

(1CC) A person making an application under paragraph (1A) shall provide a copy of his or her signature to the licensing authority for the purposes of the application.”,

(g) by the deletion of paragraphs (1D), (1E), (1F) and (1G),

(h) in paragraph (2) -

(i) by the substitution of “The application” for “The application shall”,

(ii) by the substitution of the following subparagraphs for subparagraphs (a) and (b):

“(a) shall be made on a form approved by the licensing authority containing the particulars and declarations specified in Parts 1A and 1B of Schedule 9,

(b) in relation to particulars -

(i) shall provide those particulars specified in Part 1A of Schedule 9, and

(ii) may provide those particulars specified in Part 1B of Schedule 9,”,

(iii) in subparagraph (ba), by the insertion of “shall provide” before “evidence”,

(iv) by the substitution of the following subparagraph for subparagraph (c):

“(c) shall contain the declarations specified in Part 1A of Schedule 9, duly completed by the applicant,”,

(v) in subparagraph (d) -

(I) by the substitution of “shall contain” for “contain”, and

(II) in clause (iv), by the substitution of “public, and” for “public.”, and

(vi) by the insertion of the following subparagraph after subparagraph (d):

“(e) shall contain such documentary evidence of the particulars and declarations specified in Part 1A of Schedule 9 as the licensing authority may request, and of such particulars specified in Part 1B of Schedule 9 as the applicant may wish to provide.”,

(i) in paragraph (4)(a) -

(i) by the substitution of the following clause for clause (i):

“(i) holds a recognised driving licence, such licence,”,

(ii) by the deletion of clause (ii),

(iii) by the substitution of the following clause for clause (iii):

“(iii) does not hold a recognised driving licence -

(I) but held a recognised driving licence issued by the competent authority of a Member State for any period within the period of 10 years preceding the date of application, the last such licence held by him or her, or

(II) but held a recognised driving licence issued by the competent authority of a state other than the State or a Member State for any period within the period of one year preceding the date of application, the last such licence held by him or her,”,

and

(iv) by the deletion of clause (iv),

(j) in paragraph (5), by the substitution of “Clauses (i) and (iii) of paragraph 4(a) do” for “Paragraph (4)(a)(i) to (iv) does”, and

(k) by the deletion of paragraph (8).

6. Regulation 15 of the Regulations of 2006 is amended -

(a) by the substitution of the following paragraph for paragraph (1):

“(1) The holder of a driving licence may apply for a duplicate of that licence and paragraphs (1), (1A), (1AB), (1BA), (1C), (1CA), (1CB), (1CC) and (2) of Regulation 12 shall, with all necessary modifications, apply to such an application.”,

(b) by the deletion of paragraphs (1A), (1B), (1C), (1D) and (1E), and

(c) in paragraph 2, by the deletion of “set out in Part 1 of the Schedule to the Road Traffic (Licensing of Drivers) (Fees) Regulations 2012 ( S.I. No. 559 of 2012 )”.

7. Regulation 20 of the Regulations of 2006 is amended -

(a) by the substitution of the following paragraph for paragraph (1A):

“(1A) An application for a learner permit shall be made to the licensing authority or to an office authorised by the licensing authority in that behalf -

(a) in person,

(b) online, by means of an online licence application system provided by or on behalf of the licensing authority, or

(c) where one of the following conditions is met, and subject to paragraph (1AB), by post:

(i) the applicant has attained the age of 70 years on the date his or her application is received by the licensing authority;

(ii) the applicant, whose normal residence is in the State, is outside the State because of attendance at a university or school or in order to carry out a task of definite duration.”,

(b) by the insertion of the following paragraph after paragraph (1A):

“(1AB) Paragraph (1A)(c) shall not apply in the case of an application for a first learner permit.”,

(c) by the deletion of paragraph (1B),

(d) by the insertion of the following paragraph after paragraph (1B):

“(1BA) Where the licensing authority holds a photograph of a person making an application under paragraph (1A)(a) on the licence record, it may use that photograph for the purposes of the application, provided it is...

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