Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1969

• Jurisdiction: Ireland

S.I. No. 140 of 1969.

ROAD TRAFFIC (LICENSING OF DRIVERS) (AMENDMENT) REGULATIONS, 1969.

The Minister for Local Government in exercise of the powers conferred on him by sections 5 , 33 , 35 and 42 of the Road Traffic Act, 1961 (No. 24 of 1961) hereby makes the following Regulations :— 1. These Regulations may be cited as the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1969. 2. These Regulations shall come into operation on the 24th day of July, 1969. 3. (1) These Regulations and the Road Traffic (Licensing of Drivers) Regulations, 1964 to 1967 shall be construed as one and may be cited together as the Road Traffic (Licensing of Drivers) Regulations, 1964 to 1969.

(2) In these Regulations, " the Principal Regulations " means the Road Traffic (Licensing of Drivers) Regulations, 1964 ( S.I. No. 29 of 1964 ). 4. Article 4 of the Principal Regulations is hereby amended by the addition to sub-article (1) of the following definitions—

" ' automatic transmission ' means a system, for the transmission of power from an internal combustion engine to drive a vehicle, which is automatic or semi-automatic so that a clutch pedal is not provided for the driver's use and includes a system where gear changes can be pre-selected;

' minibus ' means a vehicle of Class D or Class E constructed primarily for the carriage of passengers and having passenger accommodation for not more than 19 persons;

' school bus ' means a vehicle of Class E having passenger accommodation for not more than 53 persons in use, other than in a county borough or in the borough of Dun Laoghaire, primarily for the carriage of passengers who are children going to or coming from school;

' without limitation ' means being limited to a specified type of vehicle belonging to a class;

' work vehicle ' means a vehicle, incapable of exceeding 24 miles per hour, which is constructed primarily for any work other than the conveyance by road of goods or burden of any other description and which when used on a public road for the conveyance of a load in connection with a loading, unloading, lifting or dumping operation is so used only at the site at which it is being worked or within a radius of half a mile from the site." 5. Article 6 of the Principal Regulations is hereby amended by the substitution for " Tractors used in connection with agriculture " in Column 2 of the Table of " Tractors used in connection with agriculture and work vehicles ". 6. Article 16 of the Principal Regulations is hereby amended by the insertion after " resides " of " a statement that, in relation to a class of vehicles, the driving licence is limited to a specified type of vehicle belonging to that class unless the driving licence may be granted without limitation ". 7. Sub-article (5) of article 19 of the Principal Regulations is hereby amended by—

(a) the insertion in clause (v) of paragraph (a) after " competency " of " or where that certificate contains a statement that in relation to a class of vehicles it is limited to a specified type of vehicle, while he is driving such type of vehicle ",

(b) the insertion in clause (vii) of paragraph (a) after " passenger of " or " where the vehicle is a pedestrian-controlled vehicle " and

(c) the substitution for paragraph (b) of sub-article (5) of the following sub-paragraph—

" (b) In this sub-article " Qualified person " means a person who holds a driving licence licensing him to drive the vehicle which the holder of a provisional licence is licensed to drive." 8. Article 26 as amended by article 3 of the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1967 ( S.I. No. 24 of 1967 ), of the Principal Regulations is hereby amended by—

(a) the substitution in paragraph (a) of sub-article (3) of " eighteen months " for " one year " and

(b) the insertion after sub-article (3) of the following sub-article—

" (4) Where a certificate of competency contains, pursuant to section 22 of the Road Traffic Act, 1968 (No. 25 of 1968), a statement that it is limited to a vehicle with automatic transmission, to a minibus or to a school bus, the certificate shall be construed as being limited to that type of vehicle as defined in these Regulations." 9. Sub-article (2) of article 28 of the Principal Regulations is hereby amended by the insertion after " made " in paragraph (d) of " or where the application is one to which section 22 of the Road Traffic Act, 1968 applies, to drive vehicles of the type in respect of which the application is made ". 10. Sub-article (3) of article 28 of the Principal Regulations is hereby amended by—

(a) the insertion after " passenger " in paragraph (a) of " or it is a vehicle being provided in pursuance of an application to which section 22 of the Road Traffic Act, 1968 , applies, and it is neither constructed nor adapted to carry a passenger " and

(b) the insertion after " class " in paragraph (c) of " except where it is being provided in pursuance of an application to which section 22 of the Road Traffic Act, 1968 , applies ". 11. The Principal Regulations are hereby amended by the substitution of the following article for article 29 :—

" 29. (1) An application by a person for a driving licence shall be accompanied by a certificate of competency where—

(a) the application relates to a class or classes without limitation or to a specified type of vehicle belonging to a class in respect of which the applicant is not or was not for any period within the period of five years preceding the commencement day the holder of a driving licence, or

(b) a decision on an application by him for a certificate of fitness to accompany an application for a driving licence was deferred pending the production of a certificate of competency.

(2) For the purposes of...