Road Traffic (Licensing of Drivers) Regulations, 1964

JurisdictionIreland
CitationIR SI 29/1964
Year1964

S.I. No. 29 of 1964.

ROAD TRAFFIC (LICENSING OF DRIVERS) REGULATIONS, 1964.

PART I.

PRELIMINARY AND GENERAL.

Article.

1. Citation.

2. Commencement.

3. Revocation.

4. Interpretation.

5. Forms.

6. Classes of Vehicles.

7. Excepted vehicles.

8. Minimum ages.

9. Keeping of records by licensing authorities.

10. Furnishing of information and inspection of records.

11. Disposition of fees received by licensing authorities.

12. Disposition of fees received by the Minister.

13. Penal regulation.

PART II.

DRIVING LICENCES.

14. Form of driving licence and period of grant.

15. Application for driving licence.

16. Grant of driving licence.

17. Duplicate driving licence.

PART III.

PROVISIONAL LICENCES.

18. Application of provisions of the Act to provisional licences.

19. Form, period and effect of provisional licence.

20. Fee for provisional licence.

21. Limitation on application for provisional licence.

22. Application for provisional licence.

23. Grant of provisional licence.

24. Duplicate provisional licence.

PART IV.

CERTIFICATES OF COMPETENCY.

25. Issuing authority and delegation of functions.

26. Form and period of validity of certificate of competency.

27. Fee for certificate of competency.

28. Nature of and manner of holding test.

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

30. Application for certificate of competency.

31. Deferred decision on application for a certificate of competency.

32. Appeal against decision on application for a certificate of competency.

33. Duplicate certificate of competency.

PART V.

CERTIFICATES OF FITNESS.

34. Issuing authority and delegation of functions.

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

36. Form and period of validity of certificate of fitness.

37. Form of report.

38. Fee for certificate of fitness.

39. Persons whose applications for driving licences or provisional licences are required to be accompanied by certificates of fitness.

40. Application for certificate of fitness.

41. Deferred decision on application for certificate of fitness.

42. Notification to licensing authority.

43. Duplicate certificate of fitness.

PART VI.

ENDORSEMENTS AND DISQUALIFICATIONS.

44. Interpretation for purposes of this Part.

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.

SCHEDULES.

First Schedule—Forms.

Second Schedule—Operations referred to in Article 28.

S.I. No. 29 of 1964.

ROAD TRAFFIC (LICENSING OF DRIVERS) REGULATIONS, 1964.

The Minister for Local Government in exercise of the powers conferred on him by section 5, subsection (3) of section 22, subsection (2) of section 23, sections 31, 33, 34 and 35, subsection (7) of section 38 and section 42 of the Road Traffic Act, 1961 (No. 24 of 1961) hereby makes the following Regulations :—

PART I. PRELIMINARY AND GENERAL.

1 Citation.

1. These Regulations may be cited as the Road Traffic (Licensing of Drivers) Regulations, 1964.

2 Commencement.

2. These Regulations shall come into operation on the 18th day of March, 1964.

3 Revocation.

3. The Road Traffic (Driving Licence) Regulations, 1934 (S.R. & O. 1934. No. 151) are hereby revoked.

4 interpretation.

4.—(1) In these Regulations, save where the context otherwise requires—

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

" the Act of 1933 " means the Road Traffic Act, 1933 (No. 11 of 1933) ;

" 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 ;

" class " means any one of the classes of vehicles specified in article 6 of these Regulations ;

" commencement day " in relation to a driving licence or a provisional licence means the first day of the period for which the licence may be granted ;

" cylinder capacity " means the cylinder capacity of an engine of a vehicle as calculated in accordance with article 27 of the Road Vehicles (Registration and Licensing) Regulations, 1958 ( S.I. No. 13 of 1958 ) ;

" date of application " means the date on which an application for a certificate of competency or a certificate of fitness is received by an issuing authority ;

" driver tester " means an officer of the Minister appointed by him to carry out tests under section 33 of the act ;

" the Minister " means the Minster for Local Government ;

" motor bicycle " means a mechanically propelled bicycle ;

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

" test " means a test carried out under subsection (3) of section 33 of the act ;

" tractor used in connection with agriculture " means a vehicle which, if used on a public road, would be chargeable with duty under the provisions of either subparagraph (b) or subparagraph (c) of paragraph 4 of Part I of the Schedule to the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952) ;

" trailer " means a vehicle attached to a mechanically propelled vehicle for the purpose of being drawn by the mechanically propelled vehicle but does not include the drawn component of an articulated vehicle ;

" vehicle ", save in relation to the definition of a trailer and an articulated vehicle, means a mechanically propelled vehicle.

(2) In these Regulations a reference to a form shall be construed as a reference to such form or to a form substantially to the like effect.

5 Forms.

5. The Minister may cause to be printed and provided the forms of driving licences and provisional licences and of applications for such licences and of declarations, records, returns, books of account and other documents required under the provisions of these Regulations or being reasonably necessary for the purpose of these Regulations and may direct licensing authorities to arrange for the printing of any forms or other documents referred to in this article.

6 Classes of vehicles.

6. Vehicles shall be divided, for the purposes of Part III of the Act, into the classes set out in Column 1 of the following Table and the vehicles of a class shall be those set out in Column 2 of the said Table opposite the mention in Column 1 of that class.

TABLE

Column 1

Column 2

Class A

Motor bicycles, with or without a side car.

Class B

Tractors used in connection with agriculture.

Class C

Vehicles (other than vehicles of Class A and class B and the drawing components of articulated vehicles) not exceeding 2 tons in weight unladen and having passenger accommodation for not more than 8 persons.

Class D

Vehicles (other than vehicles of Class B and Class E) exceeding 2 tons in weight unladen, the drawing components of articulated vehicles and vehicles having passenger accommodation for more than 8 persons.

Class E

Vehicles having passenger accommodation for more than 8 persons in use for the carriage of passengers for reward.

Class F

Vehicles of Class A, Class B and class C specially constructed or adapted for use and used by persons suffering from a physical disability.

Class G

Vehicles of Class A, the engines of which do not exceed 150 c.c. in cylinder capacity, used by persons under 18 years of age.

7 Excepted vehicles.

7. The pedestrian-controlled vehicles which are excepted from subsections (1), (2), (3), (4) and (5) of section 38 and from sections 40 and 41 of the Act shall be those pedestrian-controlled vehicles which are neither constructed nor adapted for use for carrying the driver or a passenger and which do not exceed eight hundredweight in weight unladen.

8 Minimum ages.

8.—(1) Except as provided in sub-article (2) of this article the age set out in column 2 of the following Table opposite the mention of a class in Column 1 of the said Table shall be the age below which a person shall be disqualified for holding a driving licence or a provisional licence in respect of vehicles of that class.

TABLE

Column 1

Column 2

Class A

18 years

Class B

17 years

Class C

17 years

Class D

18 years

Class E

21 years

Class F

17 years

(2) The age set out in sub-article (1) of this article as the age below which a person shall be disqualified for holding a driving licence in respect of vehicles of Class A shall not apply in the case of a person who has held a licence under Part III of the Act of 1933.

(3) Where, in making an application for a driving licence, a provisional licence, a certificate of competency or a certificate of fitness, an applicant is required to state the date of his birth, he may, in lieu of stating the date of his birth—

(a) where he is over 21 years of age and under 70 years, make a statement to that effect, and

(b) where he is over 70 years of age, make a statement to that effect.

9 Keeping of records by licensing authorities.

9. A licensing authority shall keep such records in relation to driving licences, provisional licences and licences granted by them under Part III of the Act of 1933 as the Minister may from time to time direct.

10 Furnishing...

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