Road Traffic (National Car Test) Regulations 2009

JurisdictionIreland
CitationIR SI 567/2009
Year2009

Foilsíodh fgra san “Iris Oifigiúil” an 8ú lá de Eanair, 2010, á rá go ndearnadh an Ionstraim Reachtúil seo.

I, NOEL DEMPSEY, Minister for Transport, 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) 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 1996 1 , Commission Directive 2003/27/EC of 3 April 2003 2 and Directive 2009/40 of the European Parliament and of the Council of 6 May 2009 3 hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Road Traffic (National Car Test) Regulations 2009.

(2) These Regulations come into operation on 4 January 2010.

Definitions

2. (1) In these Regulations—

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

“advisory fail” 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;

“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 Commission for Taxi Regulation 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 Road Safety Authority to be an authorised person under Regulation 14;

“biennial” means a date that is one or more periods of two years after a test due date;

“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 Road Safety Authority or such person with whom the Road Safety Authority may have entered into an agreement under section 5 of the Road Safety Authority Act 2006 (No. 14 of 2006) in connection with causing tests to be carried out and the issue of test certificates;

“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) was less than 90 days old when calculated from the date of first registration, and

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

“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 driving licence or passport, for the time being in force, held by the person or such other photographic identification in respect of the person that the issuing authority may require, 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 refused;

section 18 ” means section 18 of the Road Traffic Act 1961 (No. 24 of 1961);

“SPSV licence” means a small public service vehicle licence granted or renewed by the Commission for Taxi Regulation in respect of a vehicle;

“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 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;

“vehicle” means a mechanically propelled vehicle having at least 4 wheels, used for the carriage of passengers and which has a maximum of 8 seats excluding the drivers seat.

Application

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

(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 test due dates for a vehicle mentioned in paragraph (1) are:

(a) from the commencement of these Regulations until 31 May 2011, the anniversary dates mentioned in paragraph (1) and each subsequent biennial of those dates, and

(b) from 1 June 2011, the anniversary dates mentioned in paragraph (1) and—

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

(ii) in any other case, each subsequent biennial of those dates.

(3) Section 18 and these Regulations apply to—

(a) a small public service vehicle, other than a new small public service vehicle, from the date of the application for a SPSV licence in respect of the vehicle,

(b) a new small public service vehicle, on the anniversary of the issue of its SPSV licence.

(4) The test due date for a vehicle mentioned in paragraph (3) is the date or anniversary date, as the case may be, mentioned in that paragraph and each subsequent anniversary of those dates.

(5) This Regulation does not apply to a vehicle—

(a) first registered prior to 1 January 1980,

(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 or operated by the Garda Síochána or the Defence Forces.

Application for test certificate

4. (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, by e-mail or through the online application service.

(2) Notwithstanding paragraph (1), an application for a test certificate is deemed to have been made under these Regulations whenever the owner, or the owners agent, accepts with or without amendment, in person, in writing, by facsimile, by telephone, by e-mail, through the online application service or by such other means of electronic communication that may be provided by the issuing authority, an unsolicited offer of an appointment made by the issuing authority in writing to carry out a test on a specified vehicle.

Conditions in respect of applications

5. Where an application is made for a test, the issuing authority may refuse to carry out the test or a re-test—

(a) on a vehicle in respect of which prior application for an appointment for the test or re-test had not been made,

(b) where the appropriate fee under Regulation 6 has not been paid in respect of a test certificate,

(c) where the owner or the driver of the vehicle to be tested fails to produce the vehicle registration book, vehicle registration certificate or vehicle licensing certificate in respect of the vehicle at the time of test or re-test,

(d) where the vehicle identification number of the vehicle to be tested as shown on the vehicle registration book, vehicle registration certificate or vehicle licensing certificate, whichever is produced, is not the same as that on the vehicle,

(e) where the issuing authority considers that the vehicle to be tested is in such a condition that it would not be safe or practicable to carry out the test or re-test, or

(f) where the person who presents the vehicle to be tested fails to produce the required identification.

Fees

6. (1) Subject to paragraphs (2) and (3), the fee to be paid for a test certificate shall be—

(a) €41.32 in the case of a test certificate issued following a test of a vehicle, and

(b) €23.14 in the case of a test certificate issued following a re-test of a vehicle.

(2) A test certificate issued following re-test of a vehicle that—

(a) does not require the use of test equipment, or

(b) requires the use of test equipment for the purposes of carrying out an inspection of tyres only,

is not subject to the fee referred to in paragraph (1)(b).

(3) Subject to paragraph (5), in any case where an appointment for a test...

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