Road Traffic (National Car Test) Regulations, 2003

• Jurisdiction: Ireland
• Citation: IR SI 405/2003
• Year: 2003

I, Seamus Brennan, Minister for Transport, in exercise of the powers conferred on me by sections 5 , 11 , 18 and 123 of the Road Traffic Act 1961 (No. 24 of 1961) 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 )) and for the purposes of giving effect to Council Directive 96/96/EC of 20 December 19961 and Commission Directive 2003/27/EC of 3 April 20032 , hereby make the following regulations:
	Citation and commencement	1. (1) These Regulations may be cited as the Road Traffic (National Car Test) Regulations 2003.
(2) These Regulations come into operation on 15 September 2003.
	Interpretation	2. (1) In these Regulations —
“Act of 1952” means the Finance (Excise Duties (Vehicles) Act 1952 (No. 24 of 1952);
“anniversary of first registration” means a date that is one or more years after the date on which a vehicle was first registered;
“authorised person” means a person authorised by the Minister to be an authorised person under Regulation 16;
“biennial” means a date that is one or more periods of two years after a test due date;
“certificate of suitability” means a certificate issued under Regulation 15;
“design gross vehicle weight” means the design gross weight of the vehicle as specified by the manufacturer of the vehicle or, where such is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer;
“driver” means the person in charge of a vehicle when it is in a public place;
“e-mail” means electronic mail;
“first licence” means the first licence issued for a vehicle under section 1 of the Act of 1952;
“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 construed accordingly;
“issuing authority” means the National Car Testing Service;
“licence” means a licence issued for a vehicle under section 1 of the Act of 1952;
“licensing authority” means —
(a) the Minister for the Environment, Heritage and Local Government, or
(b) the council of a county or the corporation of a county borough which for the time being exercises or performs the functions of a licensing authority under section 1 of the Act of 1952;
“National Car Testing Service” means the company incorporated in the State as National Car Testing Service Limited;
“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,
and “owned” shall be construed accordingly;
“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 construed accordingly;
“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 refused;
“section 18” means section 18 of the Road Traffic Act 1961 (No. 24 of 1961);
“small public service vehicle” means a hackney limousine, taxi or wheelchair accessible taxi (within the meaning of the Taxi Regulations);
“small public service vehicle licence” means a licence in respect of a small public service vehicle granted or renewed under the Taxi Regulations;
“Taxi Regulations” means the Road Traffic (Public Service Vehicles) Regulations 1963 to 2003 insofar as they apply to small public service vehicles and regulations made under section 34 of the Taxi Regulation Act 2003 (No. 25 of 2003);
“test” means a test of a vehicle carried out in accordance with these Regulations;
“test centre” means a premises in which the issuing authority carries out tests on vehicles in accordance with these Regulations;
“test certificate” means a certificate in the form set out in Schedule 1;
“test disc” means that part of a test certificate set out on the test certificate as the national car test (NCT) disc to be detached from the certificate and displayed in accordance with Regulation 6;
“test due date” means —
(a) in respect of a vehicle which is not a small public service vehicle, the dates specified in Regulation 3 (1), and
(b) in respect of a small public service vehicle, the dates specified in Regulation 3 (3),
for a test;
“test equipment” means the equipment used by the issuing authority to carry out tests;
“vehicle” means a mechanically propelled vehicle having at least 4 wheels, which is designed and constructed for the carriage of passengers and which has a maximum of 8 seats excluding the driver's seat and a maximum design gross vehicle weight of 3,500 kilograms.
(2) In these Regulations —
(a) a reference to a Regulation or Schedule is a reference to a Regulation of or Schedule to these Regulations, unless it is indicated that reference to some other Regulations is intended,
(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.
	Application - general	3. (1) Section 18 and these Regulations apply to a vehicle, other than a small public service vehicle or a vehicle mentioned in paragraph (5) —
(a) from the fourth anniversary of first registration of the vehicle, or
(b) 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.
(2) The anniversary dates mentioned in paragraph (1 and each subsequent biennial of those dates are the test due dates for a vehicle mentioned in that paragraph.
(3) Section 18 and these Regulations apply to a vehicle which is —
(a) the subject of an application for a small public service vehicle licence from the date of the application, and
(b) a small public service vehicle, from each date on which the small public vehicle licence in respect of the vehicle falls due for renewal.
(4) The dates mentioned in paragraph (3)(b) are the test due dates for a small public service vehicle.
(5) This Regulation does not apply to a vehicle -
(a) first registered 30 or more years prior to its test due date,
(b) which is used solely on an off-shore island,
(c) on the day on which a test certificate in respect of the vehicle had been refused, or
(d) which is owned by the Garda Siochana or the Defence Forces.
	Requirements on licensing authorities	4. (1) Subject to paragraph (2), a licensing authority shall refuse to issue a first licence, or renew a licence for a vehicle to which these Regulations apply unless the application for the licence or renewal is accompanied by a test certificate which is in force in respect of the vehicle on the day on which the licence comes into operation.
(2) A licensing authority may issue a licence in respect of a vehicle for which a test certificate is not in force as a consequence of the failure of the issuing authority to test the vehicle under these Regulations, where —
(a) the Minister has given prior consent to the issuing of the licence without the test certificate being in force, and
(b) the failure to carry out the test does not arise from the failure of the owner to present the vehicle for the test in accordance with these Regulations.
	Validity of test certificate	5. (1) Subject to paragraph (2), a test certificate ceases to be in force on that test due date which occurs after the certificate to which it relates was issued.
(2) A test certificate which is issued —
(a) not more than 180 days before the first test due date, or
(b) not more than 90 days before a test due date other than the first test due date,
continues in force until the subsequent test due date.
	Requirement to display test disc	6. A test disc, being the test disc relating to a certificate which is for the time being in force, issued under these Regulations in respect of a vehicle to which these Regulations apply, shall be displayed on the front windscreen of that vehicle.
	Issuing authority	7. The National Car Testing Service is the issuing authority under an agreement entered into by it with the Minister under section 14 of the Road Traffic Act 2002 (No. 12 of 2002) for the purposes of issuing test certificates under these Regulations.
	Application for test certificate	8. (1) An application for a test certificate in respect of a vehicle may be made to the issuing authority in person, by writing, by facsimile, by telephone or by e-mail.
(2) Notwithstanding paragraph (1), an application for a test certificate is deemed to have been made under these Regulations whenever the owner, or the owner's agent, accepts with or without amendment, in person, in writing, by facsimile, by telephone or by e-mail, an unsolicited offer of an appointment made by the issuing authority in writing to carry out a...