Road Traffic (National Car Test) Regulations 2017.

• Jurisdiction: Ireland
• Citation: IR SI 415/2017
• Year: 2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th September, 2017.

I, SHANE ROSS, 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 purposes of giving effect to Council Directive 2014/45/EU of 3 April 20141 make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Road Traffic (National Car Test) Regulations 2017.

(2) Subject to paragraph (3), these Regulations come into operation on 20 May 2018. (3) Regulation 3(9)(a) comes into operation on 1 January 2020.

Definitions

2. (1) In these Regulations—

“Act of 1961” means the Road Traffic Act 1961 (No. 24 of 1961);

“Act of 2006” means the Road Safety Authority Act 2006 (No. 14 of 2006);

“advisory pass” means, in relation to a vehicle, it is strongly recommended that the fault be repaired but a failed test will not result because of this fault alone;

“age” in relation to a vehicle, means the period of time that has elapsed since the date the vehicle was first registered or first entered into service, as the case may be;

“anniversary of first registration” means a date that is one or more years after the date on which a vehicle was first registered;

“application for a SPSV licence” means an application to the National Transport

Authority for—

(a) the grant of a SPSV licence,

(b) the renewal of a SPSV licence, or

(c) the continuance in force of a SPSV licence in respect of a different vehicle than that in respect of which the SPSV licence had originally been issued;

“authorised person” means a person authorised by the Minister or the Authority to be an authorised person under Regulation 17;

“Authority” means the Road Safety Authority;

“biennial” means a date that is one or more periods of two years after a test due date; “dangerous deficiency” means a defect or other non-compliance falling within Regulation 7(7)(c);

“Directive” means the Council Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014;

“driver” means the person in charge of a vehicle when it is in a public place; “e-mail” means electronic mail;

“first registration” means the date on which a vehicle was first registered, irrespective of country of registration, or where only the year of first registration is known, that year, in combination with the day and month of first registration in the State and “first registered” is to be read accordingly;

“issuing authority” means the Authority or such person with whom the Authority may have entered into an agreement under section 5 of the Act of 2006 in connection with causing tests to be carried out and the issue of test certificates;

“major deficiency” means a defect or other non-compliance falling within Regulation 7(7)(b);

“minor deficiency” means a defect or other non-compliance falling within Regulation 7(7)(a);

“modifications report” means a report in the form of Schedule 4;

“national vehicle file” means the records maintained by the Minister and the licensing authorities pursuant to Section 60 of the Finance Act 1993 (No. 13 of 1993) to the extent relating to vehicles;

“new small public service vehicle” means a small public service vehicle which on the date of the application for a SPSV licence in respect of the vehicle—

(a) is less than 90 days old when calculated from the date of first registration, and

(b) has travelled fewer than 3,000 km;

“new vehicle” means a vehicle, other than a small public service vehicle, which on the date of a test is less than 2 years old when calculated from the date of first registration.

“off-shore island” means an island forming part of the State but which is not connected to the rest of the State by any road or bridge and with fewer than 5,000 inhabitants;

“online application service” means the online application service that is available for the purposes of applying for a test on such website that is being operated by the issuing authority from time to time;

“owner” means—

(a) in relation to a vehicle (other than a vehicle referred to in paragraph (b)), the person by whom the vehicle is normally kept, and

(b) in relation to a vehicle which is the subject of a hire-purchase agreement or a lease, the person in possession of the vehicle under the agreement or lease;

“registration” means registration of a vehicle under section 131 (1) of the Finance Act 1992 (No. 9 of 1992) or the corresponding legislation in another jurisdiction and

“registered” is to be read accordingly;

“required identification” means, in relation to any person submitting a vehicle for testing in accordance with these Regulations:

(a) subject to (b), a driving licence or public services card, for the time being in force, held by the person;

(b)(b) where the test has been the subject of a test centre booking, a driving licence only, for the time being in force, held by the person or as otherwise specified by the Authority from time to time.

“re-test” means a subsequent test carried out on a vehicle under these Regulations, subsequent to the refusal of a test certificate in respect of that vehicle, where—

(a) the application for the re-test is made not more than 21 days after the day on which the test certificate was refused, and

(b) the test is carried out on a day which is not more than 30 days after the day on which a test certificate in respect of the vehicle was first refused;

“ section 18 ” means section 18 of the Road Traffic Act 1961 (No. 24 of 1961) and references to subsections of section 18 shall mean to the relevant subsection of this section;

“small public service vehicle” has the meaning assigned to it in section 3 of the Act of 1961;

“SPSV licence” means a small public service vehicle licence granted or renewed by the National Transport Authority in respect of a vehicle; “supervisory body” means the Authority;

“test” means a test of a vehicle carried out in accordance with these Regulations;

“test centre” means a premises, authorised by the Authority, in which an issuing authority carries out tests on vehicles in accordance with these Regulations and, where appropriate, includes the operator of the premises;

“test centre booking” means a test booked at a test centre on the day of the test;

“test certificate” means, in the case of a vehicle, a certificate in the form set out in Schedule 1 which is issued in accordance with Regulation 11(1);

“test disc” means that part of a test certificate, for the time being in force in respect of a mechanically propelled vehicle, which may be detached from the certificate to be affixed to the vehicle in accordance with Regulation 3 of the Road Traffic (Display of Test Disc) Regulations 2009 ( S.I. No. 548 of 2009 );

“test due date” means the date by which a vehicle should be presented for a test;

“test equipment” means the equipment used by the issuing authority to carry out tests; “test report” means the report issued by an issuing authority containing the result of the test in accordance with these Regulations;

“tester” means a person employed by the issuing authority for the purpose of carrying out tests and, subject to Regulation 7(4), who has received training and been certified in accordance with these Regulations;

“vehicle” means a mechanically propelled vehicle:

(a) having at least 4 wheels,

(b) used for the carriage of passengers and their luggage

(c) with a design speed greater than 25 km/h; and

(d) which has a maximum of 8 seats excluding the drivers seat;

“vintage limousine” has the meaning given to it by Regulation 3(1) of the Taxi Regulation (Small Public Service Vehicle) Regulations 2015 ( S.I. No. 33 of 2015 );

“voluntary test” means a test carried out more than 90 days before a test due date.

(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context requires otherwise, the same meaning in these Regulations as it has in the Directive.

Application

3. (1) Subject to paragraphs (4) and (7), section 18 and these Regulations apply to a vehicle, other than a small public service vehicle and a vintage limousine—

(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) during the period from 1 January 1992 until 31 December 1996, from the anniversary of first registration of the vehicle which occurred in the year 2001, or

(iii) during the period from 1 January 1997 until 31 December 1998, from the anniversary of first registration of the vehicle which occurred in the year 2002.

(b) where the vehicle was entered into service or was registered outside the State or is or was required to be registered under the law of another jurisdiction and is brought into the State, other than temporarily where the vehicle is the subject of an exemption under section 135 of the Finance Act 1992 (No. 9 of 1992), in circumstances which require the vehicle under section 131 of that Act to be registered in the State—

(i) where the age of the vehicle is 4 years or greater on the date it is brought into the State, from that date, or

(ii) if the age of the vehicle is less than 4 years on the date it is brought into the State, from the date on which the vehicle attains 4 years of age, or

(c) in any other case, from the fourth anniversary of the first registration of the vehicle.

(2) Subject to paragraphs (3) and (8) and Regulation 18(2), the test due date for a vehicle mentioned in paragraph (1) is—

(a) for a vehicle referred to in subparagraph (a) or (c) of paragraph (1), the anniversary date...