S.I. No. 214/1986:

EUROPEAN COMMUNITIES (VEHICLE TESTING) (AMENDMENT) REGULATIONS 1986.

EUROPEAN COMMUNITIES (VEHICLE TESTING) (AMENDMENT) REGULATIONS 1986.

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) and for the purpose of giving effect to Council Directive (No. 77/143/EEC)¹ hereby makes the following Regulations:--

1. (1) These Regulations may be cited as the European Communities (Vehicle Testing) (Amendment) Regulations, 1986.

(2) The European Communities (Vehicle Testing) Regulations, 1981 to 1984 and these Regulations shall be construed as one and may be cited together as the European Communities (Vehicle Testing) Regulations, 1981 to 1986.

(3) ( a ) These Regulations, other than articles 3 (a) and 4, shall come into operation on the 16th day of June, 1986.

( b ) Articles 3 (a) and 4 shall come into operation on the 1st day of December, 1986.

2. In these Regulations--

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

3. Article 4 of the Principal Regulations is hereby amended as follows:

( a ) the insertion of the words "trained personnel" after "premises" in sub-article (1),

( b ) the substitution of "£60" for "£40" in sub-article (2).

4. Article 5 of the Principal Regulations is hereby amended by the insertion of the following sub-articles--

² O.J. No. L47/7, 18/2/77.

"(3) An issuing authority shall maintain a register of persons who have undergone courses of training supervised by authorised officers appointed by the Minister and shall make it available to the public during ordinary office hours.

(4) An issuing authority may remove the name of any person from the register following failure by that person to undergo periodic training or to carry out roadworthiness tests in a fit and proper manner.

(5) Persons named on the register referred to under sub-article (3) shall be "trained personnel" for the purposes of article 4 (1).

(6) Where a roadworthiness test is carried out by an authorised tester for the purposes of these Regulations he shall avail of the services of a person who is named on the register referred to in sub-article (3) and the results of the test shall be authenticated by the signature of that person."

5. 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 ) £37 in respect of each vehicle referred to at article (3) (1) (a) and (b) of these Regulations.

( b ) £29 in respect of each vehicle at article 3 (1) (c) and (d) of these Regulations."

6. 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 £9, 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 £4 issue a replacement certificate which shall be clearly marked "REPLACEMENT".

(3) Where an issuing authority are satisfied that the figures or other 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 replacement certificate which shall be clearly marked "REPLACEMENT"."

7. Article 11 of the Principal Regulations is hereby amended by the insertion of the following sub-articles--

"(4) A member of the Garda Síochána shall have power to stop any mechanically propelled vehicle or combination of vehicles referred to in article 3 and to inspect and examine any part of the vehicle or combination of vehicles for the purpose of forming an opinion as to whether or not the vehicle is roadworthy.

(5) For the purpose of carrying out the inspection of a vehicle or combination of vehicles referred to in sub-article (4), a member of the Garda Síochána may do all such things and make all such requirements in relation to the vehicle or combination as are reasonably necessary.

(6) For the purposes of sub-article (5) and without prejudice to the generality of the powers conferred thereby, a member of the Garda Síochána may--

(i) require the person in charge of a mechanically propelled vehicle or combination of vehicles to bring it to a convenient place indicated by the member suitable for the carrying out of an inspection and examination under this article and not more than 10 miles distance by the shortest available route from the place at which the requisition is made, and to carry the member in the vehicle or combination,

(ii) drive a mechanically propelled vehicle or combination of vehicles for a reasonable time and distance,

(iii) require the person in charge of a mechanically propelled vehicle or combination of vehicles to drive it or cause it to be driven for a reasonable time and distance in such direction and manner and at such speed as the member directs, and to carry the member in it while it is being so driven,

(iv) carry out or cause to be carried out such tests as the member considers reasonable.

(7) A member of the Garda Síochána may be accompanied by, and assisted by, an authorised officer, when carrying out an inspection, examination or test referred to in sub-articles (4), (5) or (6).

(8) Where a member of the Garda Síochána, consequent upon having inspected examined or tested a mechanically propelled vehicle under this article, has reasonable grounds for believing that there is a defect affecting it which is such that it is, when in use, a danger to the public, he may--

(i) instruct the person in charge that it is not to be driven in a public place until the defect has been remedied,

(ii) require the person in charge of the vehicle or the owner to submit it for further examination and test at a specified place and date.

(9) A person who refuses to stop a vehicle or combination of vehicles, or to permit an inspection, examination or test of a vehicle or any part thereof, or to comply with any requisition in accordance with the provisions of sub-articles (4) to (6) or (8) shall be guilty of an offence."

8. Article 12 of the Principal Regulations is hereby amended by the substitution for sub-article (1) of the following sub-article--

"12. (1) ( a ) A person shall not use in a public place a vehicle to which these Regulations apply and the first registration of which in a Member State of the European Communities took place more than one year previously unless there is in force in respect of the vehicle a certificate of roadworthiness issued under these Regulations showing that the vehicles was tested and found to be roadworthy within the previous twelve months or in the case of a taxi unless there is in force a public service vehicle licence granted by the Commissioner of the Garda Síochána in pursuance of the powers vested in him underarticle 6 of the Road Traffic (Public Service Vehicles) (Licensing) Regulations, 1978 ( S.I. No. 292 of 1978 ) or in the case of a vehicle registered in a Member State of the European Communities other than the State there is in force a certificate or other document issued in accordance with the Council Directive showing that the vehicle has passed a roadworthiness test complying with the provisions of the Council Directive.

( b ) Where a person contravenes paragraph (a) of this sub-article he and, if he is not the owner of the vehicle such owner, shall each be guilty of an offence.

( c ) Where a person who contravenes paragraph (a) of this sub-article is not the owner of the vehicle and the owner is charged with an offence under this sub-article, it shall be a good defence to the charge for such owner to show that the use of the vehicle on the occasion in question was unauthorised.

( d ) A person shall not be liable to penalty under this sub-article in relation to the use of a vehicle in a public place without a certificate of roadworthiness where such use is licensed under a temporary licence issued in accordance with Section 6 (1) of the Roads Act 1920 and provided such use is solely for the purpose of bringing the vehicle to or from the premises of an authorised tester or to or from a garage or other premises for the purpose of effecting repairs to the vehicle."

9. Article 13 of the Principal Regulations is hereby amended by the substitution for sub-articles (1) and (2) of the following sub-articles--

"13. (1) Where a member of the Garda Siochana has reasonable grounds for believing that a vehicle to which these Regulations apply has been used in a public place on a particular occasion (including a case in which the member has himself observed the use) and that the actual user of the vehicle on that occasion was a particular person the member may, at any time not later than one month after the occasion, demand of the person the production of a certificate of roadworthiness or a certificate or other document referred to in sub-article (1) (a) of article 12 in respect of the vehicle in force on the occasion, and if the person refuses or fails to produce such certificate then and there he shall, unless within ten days after the day on which production was demanded, he produces such certificate or other document in person to a member of the Garda Siochana at a Garda Siochana Station named by the person at the time at which the production was demanded, be guilty of an offence.

(2) Where a member of the Garda Siochana has reasonable grounds for believing that a vehicle to which these Regulations apply has been used in a public place on a particular occasion (including a case in which the member has himself observed the use), the member may, at any time not later than one month after the occasion, demand of the owner of the vehicle the production of a certificate of roadworthiness or a certificate or other document referred to in sub-article (1) (a) of article 12 in respect of the vehicle in force on the occasion and, if the owner refuses or fails to produce such certificate or other document then and there he shall, unless within ten days after the day on which production was demanded he produces such certificate or other document in person to a member of the Garda Siochana at a Garda Siochana Station named by the owner at the time at which such production was demanded, be guilty of an offence."

10. Sub-section (1) of section 6 of the Roads Act 1920 is hereby amended by the insertion of the following paragraph after the words "or on both in the prescribed manner"--

"Provided that in the case of a vehicle to which the European Communities (Vehicle Testing) Regulations 1981 ( S.I. No. 193 of 1981 ) apply and which has been first registered outside the State more than one year prior to the application for a first licence, the following provisions shall apply--

(1) the licensing authority shall issue a temporary licence which shall be valid for a period of one month;

(2) the licensing authority shall not issue any further licence required by this Act, unless the vehicle owner produces to the authority, within the period of one month referred to in subparagraph (1), a certificate of roadworthiness for the vehicle issued in accordance with the provision of the European Communities (Vehicle Testing) Regulations 1981 ( S.I. No. 193 of 1981 ), and"

GIVEN under the Official Seal of the Minister for the Environment

this 11th day of June, 1986.

JOHN BOLAND,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations provide for increases in fees to accompany applications for appointment as vehicle testers, for vehicle tests, and for certificates of roadworthiness; confine vehicle testing to trained personnel (employed by vehicle testers) named on a register to be established by the relevant local authorities; empower the Garda Siochana to stop, inspect and roadworthiness test vehicles to which the Regulations apply; extend liability for using a vehicle without a roadworthiness certificate to include the owner (where the driver is not the owner); clarify the power of the Garda Siochana to demand production of a certificate of roadworthiness, at a Garda Station nominated by the driver or owner; and provide that imported used heavy goods vehicles, buses, taxis and ambulances, over 1 year old (presented for registration as Irish vehicles) must be roadworthiness tested, prior to being first licensed to carry goods or passengers in a public place.