S.I. No. 35/1991:

ROAD TRAFFIC (CONTROL OF SUPPLY OF VEHICLES) REGULATIONS, 1991.

ROAD TRAFFIC (CONTROL OF SUPPLY OF VEHICLES) REGULATIONS, 1991.

The Minister for the Environment in exercise of the powers conferred on him by section 5 of the Road Traffic Act, 1961 (No. 24 of 1961) and section 8 of the Road Traffic Act, 1968 (No. 25 of 1968) hereby makes the following Regulations:--

1. These Regulations may be cited as the Road Traffic (Control of Supply of Vehicles) Regulations, 1991.

2. In these Regulations--

"the Act of 1968" means the Road Traffic Act, 1968 ;

"semi-trailer" means the drawn component of an articulated vehicle, other than an articulated bus, or a vehicle constructed or adapted for use as such drawn component;

"trailer" means a vehicle attached to a mechanically propelled vehicle (or to another vehicle attached to a mechanically propelled vehicle) or a vehicle constructed or adapted for the purpose of being drawn by a mechanically propelled vehicle.

3. These Regulations shall come into operation on the 1st day of March, 1991.

4. (1) The provisions of the Regulations set out in the Schedule hereto are hereby specified for the purposes of subsection (1) of section 8 of the Act of 1968.

(2) The provisions of the Regulations set out in the Schedule hereto are hereby prescribed for the purposes of subsection (7) (a) of section 8 of the Act of 1968.

5. These Regulations shall not apply to a person other than a person engaged in the supply of a mechanically propelled vehicle, a trailer, or a semi-trailer in the course of business or trade.

6. These Regulations shall apply to the supply of a mechanically propelled vehicle, a trailer or a semi-trailer other than any such vehicle--

(1) sold to a motor dealer for repair prior to sale, provided the relevant bill of sale is clearly and indelibly marked with the words "Defective vehicle to be repaired by the purchaser prior to sale to any third party"; or

(2) sold for scrapping, provided the relevant bill of sale is clearly and indelibly marked with the words "Defective vehicle to be scrapped by the purchaser and not to be used in a public place".

For the purpose of this article, "motor dealer" means a person supplying a vehicle in the course of business or trade.

7. Sub-article (1) of article 4 of these Regulations shall be a penal Regulation.

SCHEDULE

Article 4

Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 to 1990.

Road Traffic (Lighting of Vehicles) Regulations, 1963 to 1989.

GIVEN under the Official Seal of the Minister for the Environment

this 25th day of February, 1991.

PÁDRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations implement certain provisions of section 8 of the Road Traffic Act, 1968 . The Regulations make it an offence for a commercial supplier (e.g. a motor manufacturer, importer, distributor or dealer) to supply, or offer to supply, a new or used motor vehicle, trailer or semi-trailer on or after 1st March, 1991, which does not comply with Irish Road Traffic Regulations on the construction, equipment and lighting of vehicles.

The Regulations also provide that in any commercial contract for the supply of a new or used vehicle on or after 1st March, 1991, it shall be a warranty that the vehicle complies with the relevant Irish Road Traffic Regulations. A commercial contract would involve the supply of a vehicle in the course of business or tade. The Regulations will not apply to an agreement for the private disposal of a second hand vehicle by the registered owner of the vehicle.

The Regulations exempt defective vehicles traded by motor dealers to other dealers for repair (prior to sale to a third party) or for scrapping -- provided the relevant bill of sale are appropriately qualified.