Road Vehicles (Registration and Licensing) Regulations, 1982

JurisdictionIreland

Article

1. Citation, interpretation, etc.

PART I.

REGISTRATION AND LICENSING

2. Application for licences.

3. Issue of licence.

4. Exhibition of licence on vehicle.

5. Defacement etc., of licence.

6. Registration books.

7. Change of use of vehicle.

8. Alteration of vehicle.

9. Change of address of owner.

10. Sale of vehicle.

11. Acquisition of vehicle.

12. Destruction or permanent export of vehicle.

13. Surrender of licence.

14. General provisions relating to refunds.

15. Making of refunds.

16. Repayment of duty.

17. Calculation of refunds and allowances.

18. Licence becoming void.

19. Issue of replacement licences and registration books.

20. Appointed weighbridge.

21. Weighing of vehicles.

22. Register of vehicles.

23. Supply of registration particulars by licensing authority.

24. Registered owner.

25. Assignment of identification marks.

26. Exhibition of identification marks.

27. Supply of identification plates by licensing authority.

PART II.

EXEMPT VEHICLES.

28. Exempt vehicles.

PART III.

MISCELLANEOUS

29. Part-year licences.

30. Calculation of cylinder capacity and of horsepower.

31. Calculation of seating capacity.

32. Notices under Revenue Act, 1869.

SCHEDULES

FIRST SCHEDULE — Regulations revoked.

SECOND SCHEDULE — Forms prescribed for purposes of the Regulations.

THIRD SCHEDULE — Form of identification marks.

FOURTH SCHEDULE — Details of charges.

S.I. No. 311 of 1982.

ROAD VEHICLES (REGISTRATION AND LICENSING) REGULATIONS, 1982.

The Minister for the Environment in exercise of the powers conferred on him by sections 5 , 6 and 12 of the Roads Act, 1920 , sections 1 and 3 of the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952), section 20 of the Finance Act, 1958 (No. 25 of 1958), section 4 of the Finance (Excise Duties) (Vehicles) (Amendment) Act, 1960 (No. 1 of 1960), section 21 of the Finance Act, 1960 (No. 19 of 1960), section 123 of the Road Traffic Act, 1961 (No. 24 of 1961) and sections 65 , 67 and 77 of the Finance Act, 1976 (No. 16 of 1976) hereby makes the following Regulations:—

1 Citation, interpretation, etc.

1. (1) These Regulations may be cited as the Road Vehicles (Registration and Licensing) Regulations, 1982.

(2) These Regulations shall come into operation on the 1st day of February, 1983.

(3) The Regulations specified in the First Schedule to these Regulations are hereby revoked to the extent specified in the third column of that Schedule, but any application or declaration made, licence granted or certificate or other document issued, shall, if in force immediately before the coming into operation of these Regulations, continue in force and have effect as if made granted or issued under the corresponding provisions of these Regulations.

(4) In these Regulations—

"the Act of 1952" means the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952);

"the Act of 1961" means the Road Traffic Act, 1961 (No. 24 of 1961);

"appropriate licensing authority" means the licensing authority to whom the application by an owner for a licence in respect of a vehicle is required to be made by sub-articles (1) and (2) of article 2 of these Regulations;

"authorised officer" and "licensing authority" have the meanings assigned to them by the Road Vehicles (Registration and Licensing) Order, 1958 ( S.I. No. 15 of 1958 );

"bicycle" means a mechanically propelled bicycle (including a motor scooter, a bicycle with an attachment for propelling it by mechanical power and a mechanically propelled bicycle used for drawing a trailer or sidecar) not exceeding 8 cwt. in weight unladen;

"Department ofState" includes a separate office of State;

"identification mark" has the meaning ascribed to it in article 25 of these Regulations;

"invalid carriage" means a vehicle to which paragraph 2 of Part 1 of the Schedule to the Act of 1952 applies;

"large public service vehicle" has the same meaning as in section 3 of the Act of 1961 (No. 24 of 1961);

"licence" means a licence under section 1 of the Act of 1952 but does not include a trade licence;

"licensing period" means the period for which the licence in respect of which a repayment is claimed was issued;

"lighting-up hours" means the period commencing one half-hour after sunset on any day and expiring one half-hour before sunrise on the next day;

"military vehicle" means a vehicle used by the Defence Forces;

"the Minister" means the Minister for the Environment;

"month" means a calendar month;

"motor dealer" means a person who carries on the business of manufacturing, repairing or selling vehicles;

"owner" in relation to a vehicle means the person by whom the vehicle is kept and the word "ownership" shall be construed accordingly;

"pedestrian controlled vehicle" means a vehicle to which sub-paragraph 1 of Part 1 of the Schedule to the Act of 1952 applies;

"prescribed declaration" means a declaration made for the purposes of sub-article (1) (a) of article 2 or paragraph (b) of article 7 of these Regulations;

"register" means the record of particulars relating to the registration and licensing of a vehicle established and maintained by a licensing authority pursuant to article 22 of these Regulations;

"registered owner" has the meaning ascribed to it in article 24 of these Regulations;

"relevant licensing authority" means in relation to a vehicle, the licensing authority in whose functional area the vehicle is for the time being ordinarily kept or in case the vehicle is not ordinarily kept in a particular such area, the licensing authority in whose functional area is situated the principal place of business of the person by whom the vehicle is kept or the place where he ordinarily resides;

"trade licence" means a general licence issued under section 9 of the Roads Act, 1920, as amended by section 15 of the Finance Act, 1922;

"tricycle" for the purposes of paragraph 1 of Part I of the Schedule to the Act of 1952 shall include a vehicle constructed or adapted for use with either three or four wheels the two front wheels or the two rear wheels of which are, when the four wheels are in contact with the ground, less than twelve inches apart measured between the nearest points of contact of the wheels with the ground;

"vehicle" means a mechanically propelled vehicle;

"visitor" means a person whose only or principal residence is outside the State and who is making only a temporary stay in the State;

(5) ( a ) A reference to a scheduled form shall be construed as a reference to such one of the forms specified in the Second Schedule to these Regulations as is applicable to the case;

( b ) The forms specified in the said Second Schedule shall be in terms approved by the Minister from time to time and shall be obtainable at the office of the licensing authority and at such other locations as may be designated by the Minister.

PART I. REGISTRATION AND LICENSING.

2 Application for licences.

2. (1) ( a ) Subject to the provisions of sub-articles (2) and (4) of this article the owner of a vehicle who desires to obtain a licence for it shall make application by means of a prescribed declaration in the scheduled form to the licensing authority in whose area such vehicle will be ordinarily kept, or where the vehicle will not be ordinarily kept in any one area, to the licensing authority of the area in which is situated the principal place of business or the usual place of abode of the owner.

( b ) For the purposes of this sub-article a vehicle shall be deemed to be ordinarily kept in the area of the licensing authority in which is situated the garage or other place where the vehicle is ordinarily kept.

(2) The owner of a substantial fleet of vehicles may, with the consent of the licensing authority referred to in this paragraph, apply for licences in respect of all the vehicles in the fleet to the licensing authority of the area in which the owner's principal place of business in respect of the said fleet is situated.

(3) The fact that a licence in respect of a vehicle has been issued to the owner of that vehicle shall be evidence, until the contrary is proved, that the declaration signed upon application for the licence was signed by the owner or by a duly authorised agent acting on his behalf.

(4) Subject to the provisions of article 7 of these Regulations a licensing authority shall refuse an application for a licence for a vehicle where a licence for such vehicle is already in force and the new licence being sought is intended to relate to part or all of the period covered by the existing licence.

(5) On application for a licence for a vehicle, the owner of the vehicle shall produce to the licensing authority—

( a ) in the case of a pedestrian controlled vehicle which is excepted from Part VI of the Act of 1961, a declaration that the vehicle is so excepted, or

( b ) in any other case, the relevant evidence of insurance in respect of the vehicle.

(6) In this article, the relevant evidence of insurance in respect of a vehicle means either—

( a ) a certificate of insurance within the meaning of the Act of 1961, showing that when the licence comes into operation there will be in force an approved policy of insurance covering the use of the vehicle, or

( b ) such evidence as satisfies the licensing authority that the owner of the vehicle is either a vehicle insurer within the meaning of the Act of 1961, or an exempted person within the meaning of Part VI of that Act.

3 Issue of licence.

3. Upon the receipt by a licensing authority of an application for a licence, upon compliance by the applicant with the provisions of sub-article (5) of article 2 of these Regulations, and upon payment by the applicant of the amount of duty appropriate to the vehicle, including any duty imposed by section 94 of the Finance Act, 1973 (No. 19 of 1973), the...

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