Road Traffic (Licensing of Drivers) Regulations 2006

JurisdictionIreland
CitationIR SI 537/2006
Year2006

STATUTORY INSTRUMENTS

S.I. No 537 of 2006

Road Traffic (Licensing of Drivers) Regulations 2006


TABLE OF CONTENTS

PART 1

PRELIMINARY AND GENERAL

Regulation

1.

Citation.

2.

Commencement.

3.

Definitions.

4.

Disposition of fees.

5.

Revocations.

PART 2

CATEGORIES OF AND EXCEPTED VEHICLES

6.

Categories of vehicles

7.

Drawing vehicles.

8.

Excepted vehicles.

PART 3

LICENCES - DISQUALIFICATIONS RELATING TO AGE

9.

Minimum ages.

PART 4

DRIVING LICENCES

10.

Form of driving licence and period of grant.

11.

Fee in respect of application for driving licence.

12.

Application for driving licence.

13.

Grant of driving licence.

14.

Motorcycle engine size restriction.

15.

Duplicate driving licence.

PART 5

PROVISIONAL LICENCES

16.

Application of certain provisions of Act to provisional licences.

17.

Form, period and effect of provisional licence.

18.

Fee for provisional licence.

19.

Limitations on application for provisional licence.

20.

Application for provisional licence.

21.

Grant of provisional licence.

22.

Duplicate provisional licence.

PART 6

CERTIFICATES OF COMPETENCY

23.

Issuing authority and delegation of functions.

24.

Form and period of validity of certificate of competency.

25.

Fee for certificate of competency.

26.

Driving test.

27.

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

28.

Application for certificate of competency.

29.

Deferred decision on application for certificate of competency.

30.

Appeal against decision on application for certificate of competency.

31.

Duplicate certificate of competency.

PART 7

CODES

32.

Certificate of competency and driving and provisional licence codes.

PART 8

HEALTH AND FITNESS

33.

Disqualifying diseases or disabilities.

34.

Issuing authority and delegation of functions under section 34 of Act.

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.

No fee for certificate of fitness.

39.

Application for certificate of fitness.

40.

Duplicate certificate of fitness.

41.

Requirement to provide medical report and eyesight report.

PART 9

ENDORSEMENTS AND DISQUALIFICATIONS

42.

Definitions (Part 8).

43.

Application of Part 8 to foreign driving licences.

44.

Where consequential disqualification order is made.

45.

Where ancillary disqualification order is made.

46.

Where special disqualification order is made.

47.

Where order for endorsement in case of conviction is made.

48.

Where disqualification is removed.

49.

Delivery of licence in certain cases.

50.

Notification of making orders.

51.

Retention of licence by licensing authority.

52.

Duplicate licences in certain cases.

PART 10

IDENTITY

53.

Photographs.

54.

Evidence of identity.

PART 11

RECORDS

55.

Keeping of records by licensing authorities.

56.

Information and inspection of records

SCHEDULE 1

Scheduled Forms

SCHEDULE 2

Disqualifying diseases and disabilities

SCHEDULE 3

Diseases or disabilities where a medical report is required

SCHEDULE 4

Driving operations to be carried out during the practical driving test

SCHEDULE 5

Minimum vehicle requirements for the purposes of the practical driving test where the test vehicle was first registered on or after 1 January 2004

Minimum vehicle requirements for the purposes of the practical driving test where the test vehicle was first registered prior to 1 January 2004

SCHEDULE 6

Aspects and standards of physical and mental fitness

Part 1

Eyesight

Part 2

Other Aspects of Physical and Mental Fitness

SCHEDULE 7

Eyesight standards

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by sections 5(1), 23(2), 31(2), 34, 38(1) and 42 of the Road Traffic Act 1961 (No. 24 of 1961) section 2 of the Road Traffic Act 2006 (No. 14 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 Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )) for the purpose of giving effect to Council Directive No. 91/439 of 24 July 19911 , as amended by Council Directive 94/72/EC of 19 December 19942 , Council Directive 96/47/EC of 23 July 19963 , Council Directive 97/26/EC of 2 June 19974 and Commission Directive 2000/56/EC of 14 September 20005 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 2006.

Commencement.

2. These Regulations come into operation on 21 October 2006.

Definitions.

3. (1) In these Regulations -

“Act” means 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 Regulation 6 and includes a subcategory of any such category;

“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 27 of the Road Vehicles (Registration and Licensing) (Amendment Regulations 1992 ( S.I. No. 385 of 1992 );

“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 paragraph (2);

“driver tester” means a person 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, 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;

“medical report” means a report of a registered medical practitioner under Regulation 41;

“Member State” means Member State (other than the State) of the European Communities or member of the European Economic Area;

Minister” means Minister for Transport;

“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, 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, or having a maximum design speed of more than 45 kilometres per hour;

“normal residence” means the place where a person usually lives, that is for at least 185 days in each 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 different place from his or her personal ties and who consequently lives in turn in different places situated in 2 or more Member States shall be regarded as being the place of his or her personal ties where the 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 does 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 );

“registration certificate” means a registration certificate under Article 11 of the Aliens Order 1946 (S.R.&O. No. 395 of 1946);

“recognised driving licence” means a licence or permit issued by the competent authority of a state (other than the State) to which an order under section 23A (inserted by section 8 of the Road Traffic Act 2006 ) of the Act applies;

“recording equipment” has the meaning assigned to it in the European Communities (Road Transport)(Recording Equipment) Regulations 1986 ( S.I. No. 393 of 1986 );

“registered medical...

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