Road Traffic (National Car Test) (Amendment) Regulations 2011

• Jurisdiction: Ireland

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th December, 2011.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 18 of the Road Traffic Act 1961 (No. 24 of 1961) and section 2 of the Road Traffic Act 2006 (No. 23 of 2006) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 ) and for the purpose of giving effect to Commission Directive 2010/48/EU of 5 July 20101 , hereby make the following regulations:

1. (1) These Regulations may be cited as the Road Traffic (National Car Test) (Amendment) Regulations 2011.

(2) These Regulations come into operation on 3 January 2012.

2. In these Regulations, “Principal Regulations” means the Road Traffic (National Car Test) Regulations 2009 ( S.I. No. 567 of 2009 ).

3. Regulation 2(1) of the Principal Regulations is amended by inserting the following definition after the definition of “advisory fail”:

“ ‘age’, in relation to a vehicle, means the time that has elapsed since the date on which the vehicle first entered into service;”

4. Regulation 3 of the Principal Regulations is amended—

(a) by substituting for paragraph (1) the following:

“Section 18 and these Regulations apply to a vehicle, other than a small public service vehicle or a vehicle mentioned in paragraph (4)—

(a) where the vehicle was first registered—

(i) before 1 January 1992, from the anniversary of first registration of the vehicle which occurred in the year 2000,

(ii) between 1 January 1992 and 31 December 1996, from the anniversary of first registration of the vehicle which occurred in the year 2001, or

(iii) between 1 January 1997 and 31 December 1998, from the anniversary of first registration of the vehicle which occurred in the year 2002,

(b) in the case of a vehicle that is not new and is brought permanently into the State—

(i) where the age of such vehicle is four years or greater on the date it is brought into the State, from that date, or

(ii) if clause (i) is not applicable, from the date on which the age of such vehicle is four years, or

(c) in all other cases, from the fourth anniversary of first registration of the vehicle.”,

and

(b) by substituting for paragraph (2) the following:

“The test due dates for a vehicle mentioned in paragraph (1) are as follows—

(a) for a vehicle coming within paragraph (1)(a) or (c), the anniversary dates mentioned in the relevant subparagraph and—

(i) from the tenth anniversary of first registration of the vehicle, each subsequent anniversary of those dates, or

(ii) where clause (i) does not apply, each subsequent biennial of those dates,

(b) for a vehicle coming within paragraph 1(b)(i), the date on which it is brought into the State and each subsequent anniversary of that date, and

(c) for a vehicle coming within paragraph 1(b)(ii), the date on which the age of the vehicle is four years and each subsequent anniversary of that date.”

5. The Principal Regulations are amended by inserting after Regulation 7 the following:

“Further tests

7A.(1) The issuing authority may—

(a) within 48 hours of the issue of the test report or test certificate consequent on a test, at its absolute discretion, or

(b) at any other time, where it is of the opinion that a test certificate should not have issued consequent on a test,

require the vehicle the subject of the test to undergo a further test.

(2) Where a further test is required under paragraph (1), until such further test is carried out, the owner or presenter of the vehicle to be tested is to be regarded as having complied with his or her obligations under these Regulations.

(3) Any further test being carried out in accordance with paragraph (1) may be a test of all the elements required to be tested under these Regulations or such elements as may be specified by the issuing authority.

(4) No fee shall be payable under Regulation 6(1) in respect of a further test required under paragraph (1).

(5) The test report issued in connection with a further test carried out in accordance with paragraph (1) shall replace the test report issued in connection with the previous test to the extent of the elements being tested.

(6) Where a further test is carried out in accordance with paragraph (1) and there is a discrepancy between the test report for that further test and the test report for the previous test, the test report for the further test shall prevail.

(7) Where a further test is carried out in accordance with paragraph (1) and—

(a) the test report issued for such further test shows a reason for a refusal of a test certificate in relation to the relevant vehicle; and

(b) in the case of a further test required under paragraph (1)(b) only, the issuing authority is of the opinion that this reason would have existed on the date the previous test was carried out,

any test certificate issued consequent on the previous test shall be, without further act, revoked.”

6. The Principal Regulations are amended by substituting for Schedule 3 the Schedule set out in the Schedule to these Regulations.

SCHEDULE

SCHEDULE 3

Items to be tested and reasons for refusal of a test certificate

Item 1: registration plates

Reasons for refusal:

(1) one or both plates missing, insecure or not clearly visible.

(2) numbers or letters missing, illegible or incorrect size.

(3) numbers, letters or background of incorrect colour.

(4) marks, other than those prescribed, on the plate within the boundary.

Item 2: emissions: exhaust smoke (compression ignition engine)

Reasons for refusal:

(1) the result of the test on exhaust smoke emission is not in accordance with the standard for exhaust smoke emission as specified by the manufacturer of the vehicle.

(2) in the case of vehicles in respect of which the manufacturer’s specified standard for exhaust smoke emissions is not available, and were:

(a) first registered between 1 January 1980 and 1 July 2008 (inclusive of both dates), the average smoke meter reading is higher than 2.5m-1 in the case of naturally aspirated compression ignition engines, or the average smoke meter reading is higher than 3.0m-1 in the case of turbo charged compression ignition engines,

(b) first registered before 1 January 1980, the exhaust emission is coloured black haze or darker,

(c) first registered after 1 January 2008—

(i) the average smoke meter reading is higher than 1.5m-1, or

(ii) the maximum attainable engine speed is less than 90% of the maximum speed specified by the manufacturer of the vehicle.

(3) the emission control system is leaking, incomplete or incorrectly assembled.

(4) engine idle speed is incorrect.

Item 3: exhaust

Reasons for refusal:

(1) the emission control system is leaking, incomplete or incorrectly assembled.

(2) idle speed is outside vehicle manufacturer’s recommendations.

(3) engine exhaust system is leaking.

(4) excess exhaust smoke likely to affect other road users.

Item 3: emissions: carbon monoxide

Reasons for refusal:

(1) the result of the test on carbon monoxide emissions is not in accordance with the standard for carbon monoxide emissions as specified by the manufacturer of the vehicle.

(2) in the case of vehicles first registered—

(a) before 1 October 1986, the carbon monoxide content is more than 4.5% at idling speed,

(b) between 1 October 1986 and 31 December 1993 (inclusive of both dates), the carbon monoxide content is more than 3.5% at idling speed,

(c) on or after 1 January 1994, the carbon monoxide content is more than 0.5% at idling speed,

(d) on or after 1 January 1994, the carbon monoxide content is more than 0.3% at either an engine speed of 2,500 rpm or at a speed specified by the vehicle manufacturer,

(e) after 1 July 2002, the carbon monoxide content of the exhaust gases is more than 0.3% by volume at idle speed,

(f) after 1 July 2002, the carbon monoxide content of the exhaust gases is more than 0.2% by volume at either an engine speed of 2,500 rpm or at a speed specified by the vehicle manufacturer.

Item 3: emissions: hydrocarbon (HC)

Reasons for refusal:

(1) the result of the test on hydrocarbon emissions is not in accordance with the standard for hydrocarbon emissions as specified by the manufacturer of the vehicle.

(2) in the case of vehicles first registered before 1 October 1986, the hydrocarbon content is more than 1,000ppm at idling speed.

(3) in the case of vehicles first registered between 1 October 1986 and 31 December 1993 (inclusive of both dates), the hydrocarbon content is more than 750ppm at idling speed.

(4) in the case of vehicles first registered on or after 1 January 1994, the hydrocarbon content is more than 200ppm at either 2,500 RPM or at the speed specified by the vehicle manufacturer.

Item 3: emissions: lambda

Reason for refusal:

In the case of vehicles first registered on or after 1 January 1994, the lambda value at either 2,500 rpm or at the speed specified by the manufacturer is not 1+/- 0.03 or is not within the vehicle manufacturer’s recommendation.

Item 4: service brake pedal

Reasons for refusal:

(1) service brake anti-slip provision is missing, loose, or worn to the extent that it is no longer effective.

(2) mounting is insecure, badly corroded or worn to the extent that the pedal can be moved from side to side.

(3) pedal travel is obstructed.

(4) excessive wear in mounting/bush.

Item 5: service brake operation

Reasons for refusal:

(1) in hydraulic systems, the pedal tends to creep down, or is felt to be spongy when held depressed.

(2) travel in the brake pedal indicates air in the brake system or brakes in need of adjustment.

(3) in systems assisted by vacuum from engine, with pedal depressed and the engine started, no dip is felt in brake pedal.

Item 6: mechanical brake hand lever

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