S.I. No. 68/1984:

EUROPEAN COMMUNITIES (VEHICLE TESTING) (AMENDMENT) REGULATIONS, 1984.

EUROPEAN COMMUNITIES (VEHICLE TESTING) (AMENDMENT) REGULATIONS, 1984.

The Minister for the Environment in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) hereby makes the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Vehicle Testing) (Amendment) Regulations, 1984.

(2) The European Communities (Vehicle Testing) Regulations, 1981 to 1983 and these Regulations shall be construed as one and may be cited together as the European Communities (Vehicle Testing) Regulations 1981 to 1984.

(3) These Regulations shall come into operation on the 19th day of March, 1984.

2. In these Regulations "the Principal Regulations" means the European Communities (Vehicle Testing) Regulations, 1981 ( S.I. No. 193 of 1981 ).

3. Article 2 of the Principal Regulations is hereby amended by the insertion between the definitions of "mechanically propelled vehicle" and "public place" of the following definition--

"owner", when used in relation to a vehicle which is the subject of a hire purchase or leasing agreement means the person in possession of the vehicle under such agreement.

4. Article 6 of the Principal Regulations is hereby amended by the substitution for sub-article (2) of the following sub-article--

"(2) The application shall be accompanied by a fee as follows:--

(a) £30 in respect of each vehicle referred to at article 3 (1) (a) and (b) of these Regulations.

(b) £20 in respect of each vehicle referred to at article 3(1) (c) and (d) of these Regulations."

5. The Principal Regulations are hereby amended by the substitution for article 9 of the following article--

"9. (1) On presentation to an issuing authority of a statement referred to in article 6(3)(a) of these Regulations together with a fee of £7 such authority may issue a certificate of roadworthiness in the form set out in the First Schedule to these Regulations.

(2) Where an issuing authority are satisfied that a certificate of roadworthiness has been lost, destroyed or mutilated they may on payment of a fee of £3 issue a duplicate certificate which shall be clearly marked 'DUPLICATE'.

(3) Where an issuing authority are satisfied that the figures or particulars on a certificate of roadworthiness have become illegible or the colour of the certificate has been altered without any act or neglect on the part of the holder of the certificate they may issue, free of charge, a duplicate certificate which shall be clearly marked 'DUPLICATE'."

6. (1) Sub-article (1) of article 13 of the Principal Regulations is hereby amended by the substitution therein immediately after the words "produce such certificate" of the words "within ten days after the day on which such production was demanded" for the words "then and there".

(2) Sub-article (2) of article 13 of the Principal Regulations is hereby amended by the substitution therein immediately after the words "produce any such certificate" of the words "within ten days after the day on which such production was demanded" for the words "within three days after the day on which the production was demanded".

GIVEN under the Official Seal of the Minister for the Environment,

this 13th day of March, 1984.

LIAM KAVANAGH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations provide for increases in the fees payable in respect of roadworthiness vehicle tests and roadworthiness certificates; clarify the position of ownership where vehicles are being leased or are on hire purchase; provide for the replacement, free of charge, of certificates which have faded or become illegible; and allow a vehicle owner or user a period of ten days in which to produce a certificate when requested to do so by a member of the Garda Síochána.