Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2010.

• Jurisdiction: Ireland
• Citation: IR SI 544/2010
• Year: 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd November, 2010.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by section 42 (inserted by section 10 of the Road Traffic Act 2006 (No. 23 of 2006)) of the Road Traffic Act 1961 (No. 24 of 1961), section 2 of the Road Traffic Act 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 the Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )) for the purpose of giving effect to Commission Directive No. 2009/112/EC1 of 25 August 2009 and Commission Directive No. 2009/113/EC2 of 25 August 2009, hereby make the following regulations:

1. These Regulations may be cited as the Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2010.

2. The Road Traffic (Licensing of Learner Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ), (as amended by the Road Traffic (Licensing of Drivers) (Amendment) Regulations 2008 ( S.I. No. 471 of 2008 )), are amended:

(a) in Regulation 41, by inserting after paragraph (7), the following:

“(8) An application for a driving licence or driving permit for category A1, A, B, M or W, shall be accompanied by an eyesight report, where the application is one for the exchange of a driving licence or driving permit issued by a state other than a Member State.”,

(b) by substituting for Schedule 1 the Schedule set out in Part 1 of the Schedule to these Regulations,

(c) by substituting for Schedule 3 the Schedule set out in Part 2 of the Schedule to these Regulations,

and

(d) by substituting for Schedules 6 and 7 the Schedules set out in Part 3 of the Schedule to these Regulations.

Regulation 3

SCHEDULE

Part 1 SCHEDULE 1

Scheduled Forms

Form D201 — Application for learner permit

Form D202 —learner permit

Side 1

Side 2

Form D301 — Application for a certificate of competency.

Form D.302 — Certificate of competency.

Form D401 — Application for a driving licence.

Form D402 — Driving licence.

Side 1.

Side 2

Form D.501 — Medical report.

Side 1.

Side 2.Form.

D502 — Eyesight Report.

Form D503 — Certificate of fitness.

AN tACHT UM THRÁCHT AR BHÓITHRE, 1961

ROAD TRAFFIC ACT, 1961

Ainm an Iarratasóra

Name of Applicant: ............................................ Number

Seoladh

Address: .......................................

DEIMHNIÚ INFHEIDHMEACHTATar éis dom iarratas an dúine atá ainmnithe thuar ar Dheimhniú Infheidhmeachta agus an tuarascáil a ghabhann leis ón liachleachtóir cláraithe maidir leis na cúrsai iomchúi a bhaineann le staid coirp agus aigne an iarratasóra a mheas, deimhním leis seo go bhfuil an t-iarratasóir infheidhme chun feithiclí den aicme/de na haicmí a thiomáint: CERTIFICATE OF FITNESS Having considered the application of the person named above for a Certificate of Fitness and the accompanying report of the registered medical practitioner as to the relevant aspects of the applicant’s physical and mental condition, I herby certify that the applicant is fit to drive vehicles of categories:

Is Í tréimhse bailíochta an Deimhnithe seo, chun críche alt(2) realacháin 36 de na Rialacháin um Thrácht ar Bhóithre (Tiománaithe a Cheadúnú) 2006 ná: _____________ Bliana SÍNITHE: ............... Oifigeach AinmnitheDÁTA: ..................Gnáth-Shíniúan Iarratasóra ..................NOTÁI TÁBHACHTACHA(1) Ní bheídh an Deimhniú seo bailí go síneoidh tú é.(2) Scoirfidh Deimhniú Infeidhmeachta de bheith bailí mura ndéanfar, iaistigh de thréimhse 6 mhí tar éis dáta a éisiuna, é a thabhairt áird don údaras ceadúnúcháin mar aon le hiarratas ar cheadúnas tiomána nó ar Chead Foghlamóra(3) Faoi Alt 34 (5) den Acht Um Thrácht ar Bhóthaire 1961, féadfaidh aon duine arb eagóir leis cinneadh I gcás iarratais ar Dheimhniu Infheidhmeachta achomharc a dhéanamh chun Chúirt Dúiche. The period of validity of this certificate, for the purpose of paragraph 2 of Regulation 36 of the Road Traffic (Licensing of Drivers) Regulations 2006, is: _______________ Years SIGNED: ..................Designated OfficerDATE: ..................Ordinary Signature of Applicant ..................IMPORTANT NOTES(1) This Certificate is not valid until it has been signed by you.(2) A Certificate of Fitness ceases to be valid unless it is submitted to a licensing authority with an application for a driving licence or a Learner Permit within 6 months after the date of issue of the certificate.(3) Under Section 34 (5) of the Road Traffic Act 1961 a person aggrieved by a decision on an application for a Certificate of Fitness may appeal to the District Court.

Form D800-Application for duplicate driving licence or duplicate Learner Permit.

Form D.900 — Recognised driving licence declaration.

Part 2

Regulations 12 and 20

SCHEDULE 3

Diseases or disabilities where a medical report is required

Alcoholism.

Any physical disablement which is likely to affect ability to drive safely.

Any illness which requires the regular use of psychotropic substances.

Any illness or disease which requires the regular use of medications likely to affect ability to drive safely.

Cardiovascular diseases.

Diplopia, defective binocular vision, impaired contrast sensitivity or loss of visual field.

Serious hearing deficiency.

Mental disturbance due to disease or trauma of, or operation upon, the central nervous system.

Severe mental retardation.

Psychosis.

Psychoneurosis or personality disorders.

Serious diseases of the blood.

Any disease of the genito-urinary system (including renal disorder) which is likely to affect ability to drive safely.”

Part 3

Regulations 35 and 41

SCHEDULE 6

Aspects and standards of physical and mental fitness

Part 1

Eyesight

1. In the case of an applicant for a learner permit or driving licence, or for the renewal of such a permit or licence, to drive vehicles of category A1, A, B, EB, M or W, the eyesight of the person shall comply with the standards outlined in Schedule 7.

2. In the case of an applicant for a learner permit or driving licence, or for the renewal of such a permit or licence, to drive vehicles of category C1, C, D1, D, EC1, EC, ED1 or ED, the eyesight of the person shall comply with the standards outlined in Schedule 7.

Part 2

Other Aspects of Physical and Mental Fitness

Preamble.

Driving is more comfortable and safe if all medical conditions are under optimal control. Specialist opinion may be helpful in cases of doubt, not only to help decision-making when driving may no longer be safe but also to ensure a maximisation of health status and the provision of relevant compensatory measures i.e. spectacles, car choice, vehicle adaptations, physiotherapy.

General.

1. (1) In the case of an applicant for a licence or permit, or the renewal of a licence or permit, to drive a vehicle of any category, the medical examination shall take account of the following aspects of the applicant’s physical and mental condition:

ear conditions (vertigo and labyrinthine conditions),

general physique and physical disabilities,

condition of cardiovascular system,

Condition of haemopoietic system,

Condition of endocrine system,

Condition of respiratory system,

Condition of gastro-intestinal system,

Condition of genito-urinary system,

Condition of nervous system,

Condition of mental system,

In so far as any condition of abnormality in any one or more of these aspects would affect such person’s fitness to drive safely vehicles of that category having regard to—

(a) the ability of the person concerned, both physically and mentally, to operate efficiently and safely the controls of the vehicles and to continue so to operate the controls over a reasonable period,

(b) the susceptibility of the person concerned to sudden incapacity, such as loss of consciousness, fainting or giddiness, which might affect such person’s ability to operate the controls of the vehicle so as to bring the vehicle to stop safely, and

(c) the susceptibility of the person concerned to fatigue such that such person’s ability to operate the controls of the vehicle might be seriously impaired.

(2) Fitness to drive shall not be certified in the case of an applicant to drive a vehicle of any category who suffers from any condition or abnormality in any one or more of the aspects of such person’s physical and mental condition set out in sub paragraph (1) of this paragraph to such extent that the driving by the applicant of vehicles of the category to which the application relates would be a danger to the applicant or other road users.

(3) Special attention shall be paid to the additional risks and dangers involved in driving vehicles of category C1, C, D1, D, EC1, EC, ED1 or ED.

General Physique and Physical Disabilities.

2. (1) As a general rule, fitness to drive shall not be certified in respect of persons suffering from complaints or abnormalities of the locomotor system which make it dangerous for them to drive a power-driven vehicle.

(2) In the case of an applicant for a licence or permit, or renewal or a licence or permit, to drive vehicles of category A1, A, B, EB, M or W, fitness to drive may be certified in respect of physically handicapped persons subject to periodic medical review. Where a person is suffering from a progressive complaint, fitness to drive may be certified on condition that the disabled person is regularly examined to check that the person concerned is still capable of driving the vehicle efficiently and safely.

(3) In the case of an applicant for a licence or permit, or renewal or a licence or permit, to drive vehicles of category C1...