S.I. No. 409/1992:

ROAD VEHICLES (REGISTRATION AND LICENSING) (AMENDMENT) (NO. 2) REGULATIONS, 1992.

ROAD VEHICLES (REGISTRATION AND LICENSING) (AMENDMENT) (NO. 2) REGULATIONS, 1992.

Article

1. Citation, interpretation.

2. Commencement.

3. Revocation, amendment.

PART 1

Trade Licences

4. Prescribed form.

5. Application for a trade licence.

6. Prescribed trade licence.

7. Display of trade licence plate.

8. Limitations as to use of a trade licence.

9. Lawful uses of trade licence.

10. Issue of replacement trade licence.

PART 2

Arrears of Duty

11. Arrears calculation.

SCHEDULE

Prescribed Form of Trade Licence

S.I. No. 409 of 1992.

ROAD VEHICLES (REGISTRATION AND LICENSING) (AMENDMENT) (NO. 2) REGULATIONS. 1992

The Minister for the Environment in exercise of the powers conferred on him by Sections 19 , 20 and 21 of the Finance (No. 2) Act, 1992 hereby makes the following regulations:

1. (1) These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations, 1992.

(2) These Regulations and the Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1992 shall be construed as one and may be cited as the Road Vehicles (Registration and Licensing) Regulations, 1992.

(3) In these Regulations:

"the Act of 1952" means the Finance (Excise Duties) (Vehicles) Act, 1952 ;

"motor trader" means a person carrying on the business of manufacturing, dealing in, distributing or repairing vehicles (but excluding a person carrying on the business of manufacturing, dealing in or distributing components or parts for vehicles or of the carriage of vehicles and not carrying on any of the other businesses aforesaid);

"motor-cycle" has the same meaning as in Section 130 of the Finance Act, 1992 ;

"motor vehicle duty" means the duty of excise payable under Section 1 of the Act of 1952;

"owner" has the meaning assigned to it by Section 130 of the Finance Act, 1992 ;

"the register" means the register established and maintained by the Revenue Commissioners under Section 131 of the Finance Act, 1992 ;

"registered vehicle" means a mechanically propelled vehicle which is registered under Section 6 of the Roads Act, 1920 or under Section 131 of the Finance Act, 1992 ;

"the Regulations of 1992" means the Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1992 ( S.I. No. 385 of 1992 );

"trade licence" means a licence issued under Section 21 of the Finance (No. 2) Act, 1992 ;

"vehicle" means a mechanically propelled vehicle.

2. These Regulations shall come into operation on the 1st day of January, 1993.

3. (1) Part III of the Road Vehicles (Registration and Licensing) Regulations, 1958 ( S.I. No. 13 of 1958 ) is hereby revoked.

(2) Part II of the Third Schedule to the Regulations of 1992 is hereby amended by the substitution of "Article 24" for "Article 25" in the title to that Part.

PART 1 Trade Licences

4. The Second Schedule to the Regulations of 1992 is hereby amended by the insertion between "Form R.F. 6" and "Form R.F. 8" of the following--

"Form R.F. 7 Application for Trade Licence".

5. (1) A motor trader who desires to obtain a trade licence shall apply by means of a declaration on the prescribed Form (R.F.7) to the licensing authority in whose functional area the motor trader's business premises are situated.

(2) On application for a trade licence a motor trader shall be required to submit to the licensing authority satisfactory evidence of--

( a ) third party risk insurance cover appropriate to the motor trader's business; and

( b ) valuation of the motor trader's business premises for local rating purposes or planning permission for such premises granted under the Local Government (Planning and Development) Act, 1963 ; and

( c ) registration for value-added tax (VAT) by citing the motor trader's VAT Registration Number; or

( d ) where the turnover does not exceed the appropriate limit for VAT registration purposes, evidence of liability to income tax assessment by citing the motor trader's Revenue and Social Insurance (RSI) Number.

(3) On application for a trade licence a motor trader shall pay to the licensing authority the appropriate amount of duty specified in Section 21 (3) (a) of the Finance (No. 2) Act, 1992 .

6. (1) The licensing authority, on being satisfied that the applicant is a dealer, may issue a trade licence to the applicant in the form prescribed by sub-articles (2) and (3) of this Article.

(2) A trade licence shall consist of--

( a ) in the case of a motor-cycle, a trade licence plate which shall be exhibited on the back of the vehicle in the manner prescribed by Article 7 of these Regulations and

( b ) in the case of any other vehicle, two trade licence plates one of which shall be exhibited on the front thereof, and the other shall be exhibited on the back thereof in the manner prescribed by Article 7 of these Regulations.

(3) Each trade licence plate shall contain an identification mark in the format set out in Diagram No. 1 or Diagram No. 2 of the Schedule to these Regulations which shall specify--

( a ) the appropriate placename corresponding to the index mark allocated to the licensing authority under Article 24 of the 1992 Regulations and Part III of the Third Schedule thereto.

( b ) the serial number assigned to the licence by the licensing authority;

( c ) the index mark allotted to the licensing authority under Article 24 of the 1992 Regulations and Part III of the Third Schedule thereto;

( d ) the third and fourth numerals of the year to which the licence applies; and

( e ) a hologram bearing the words "Department of the Environment" and "VALID".

7. (1) The trade licence plate shall be displayed as follows:

( a ) in the case of a motor-cycle, the trade licence plate shall be affixed to the rear of the cycle,

( b ) in the case of a vehicle (other than a motor-cycle) with front and rear windows, one trade licence plate shall be affixed inside both the front and rear windows so that each such plate can be easily read and in such a manner as to minimise obstruction of the driver's view,

( c ) in the case of a vehicle (other than a motor-cycle) with no rear window, the trade licence plate shall be affixed to the rear of the vehicle, in such a manner that it can be easily read.

(2) A registered vehicle shall display the vehicle identification mark of that vehicle in the prescribed manner, in addition to the trade licence and the identification mark shall not be obscured by a trade licence plate.

8. (1) Subject to the provision of sub-article (2) of this Article, a trade licence shall not be used by any person other than the motor trader to whom it is issued and that motor trader shall not allow or suffer the licence to be used by any other person.

(2) A trade licence may not be used by a person other than the motor trader to whom it was issued unless the licence holder or a person bona fide in the licence holder's employment and acting under that holder's authority is present and in charge of the vehicle or where the vehicle is constructed for use by one person only and is being used by a prospective purchaser for the purpose of test or trial, with the knowledge and approval of the licence holder.

9. Subject to the provisions of Article 8 of these Regulations, a vehicle may be used in a public place under a trade licence only in the following circumstances:

(i) for the testing or trial of a vehicle, semi-trailer or trailer in the ordinary course of construction or repair, or immediately after completion of construction or repair;

(ii) for the demonstration of a vehicle, semi-trailer or trailer for the benefit of a prospective purchaser;

(iii) for delivering a vehicle, semi-trailer or trailer from the premises of the holder of the licence to the premises of another motor trader or removing it from the premises of another motor trader to the licence holder's own premises;

(iv) for proceeding to a point off the premises of the holder of the licence in order to render a service to a vehicle which has broken down or returning to a garage with a vehicle on tow;

(v) for proceeding to or returning from a workshop in which a body, machine, appliance, device or accessory is to be or has been fitted to the vehicle, semi-trailer or trailer or it is to be or has been painted or repaired;

(vi) for proceeding from the premises of a motor trader to a place from which the vehicle, semi-trailer or trailer is to be exported or transported by train, ship or aircraft or for proceeding to the premises of such motor trader from a place to which it has been so transported;

(vii) for proceeding to or returning from any garage, auction room or other place at which a vehicle, semi-trailer or trailer is usually stored or usually or periodically offered for sale and at which the vehicle, semi-trailer or trailer is to be or has been stored or is to be or has been offered for sale;

(viii) for proceeding to or from a weighbridge for ascertaining the weight of a vehicle, semi-trailer or trailer for the purpose of licensing the vehicle or to or from any place for the licensing or inspection of the vehicle by a licensing authority.

10. (1) Where a licence issued by a licensing authority under these Regulations has been lost, stolen or destroyed, the holder of the licence shall, in accordance with the provisions of sub-article (2) of this article, apply to the appropriate licensing authority for the issue of a replacement licence, and the licensing authority, on being satisfied as to such loss, theft or destruction, shall, subject to the provisions of sub-articles (2) and (3) of this article, issue a replacement upon payment of the relevant duty specified in Section 21 (3) (b) of the Finance (No. 2) Act, 1992 , and the replacement licence so issued shall have the same effect as the original licence.

(2) Any application for a replacement licence must be in the prescribed form (R.F. 7) accompanied by the licence (if available).

(3) A licensing authority shall note the details of an application in the relevant record before the issue of a replacement to an applicant.

(4) If at any time after the issue of a replacement licence the original licence shall be found, the holder of the licence shall take all reasonable steps to obtain possession of such original and shall deliver it to the licensing authority by whom the replacement licence was issued.

PART 2 Arrears of Duty

11. (1) Where a licence for a vehicle under Section 1 of the Act of 1952 has expired for more than one calendar month, arrears of motor vehicle duty shall be calculated at the rate of 1/12th of the yearly rate of duty per month, adjusted by a charge so as to produce a composite sum payable by the owner equivalent to 11/120ths of the yearly rate per month, for each month between the date of expiry of the last licence and the commencement date of the renewed licence.

(2) The composite sum referred to in sub-article (1) shall be rounded up to the nearest whole pound.

(3) Subject to the provisions of sub-article (4) of this Article, where a vehicle registered on or after the 1st day of January, 1993 is not first licensed within the month during which an entry is made in the register, a composite sum calculated in the manner prescribed in sub-article (1) shall be payable in respect of each calendar month from the commencement of the month during which the entry was made in the register to the commencement of the month during which the first licence for the vehicle was granted.

(4) Where the date of entry in the register is within 7 working days of the end of a calendar month, any arrears of duty for that month shall be calculated at the rate of 1/12th of the annual rate but without any adjustment for the charge referred to in sub-article (1) of this Article.

(5) For purpose of this Article, "charge" means the charge referred to in Section 20 (2) of the Finance (No. 2) Act, 1992 .

SCHEDULE

Article 6

PRESCRIBED FORM OF TRADE LICENCE

GIVEN under the Official Seal of the Minister for the Environment, this 21st day of December, 1992.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations prescribe for the introduction of a new system of trade licences/plates for motor traders, with effect from 1st January, 1993.

The Regulations also prescribe for the calculation of road tax arrears, on or after 1st January, 1993, where there is a delay in either taking out the initial licence (tax disc) for a motor vehicle; or in renewing an existing licence.