S.I. No. 56/1994:

ROAD TRAFFIC (LICENSING OF DRIVERS) (AMENDMENT) REGULATIONS, 1994.

ROAD TRAFFIC (LICENSING OF DRIVERS) (AMENDMENT) REGULATIONS, 1994.

The Minister for the Environment, in exercise of the powers conferred on him by sections 5 and 42 of the Road Traffic Act, 1961 (No. 24 of 1961) hereby makes the following Regulations:--

1. These Regulations may be cited as the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1994.

2. These Regulations and the Road Traffic (Licensing of Drivers) Regulations, 1989 to 1993 shall be construed together and may be cited collectively as the Road Traffic (Licensing of Drivers) Regulations, 1989 to 1994.

3. (i) These Regulations, with the exception of sub-article (a) of article 4, shall come into operation on the 1st day of May, 1994.

(ii) Sub-article (a) of article 4 of these Regulations shall come into operation on the 1st day of August, 1994.

4. The Road Traffic (Licensing of Drivers) Regulations, 1989 ( S.I. No. 285 of 1989 ), as amended, are hereby further amended as follows:--

( a ) by the substitution of the following sub-article for sub-article (1) of article 21:

"(1) ( a ) A person shall not apply for a provisional licence to drive vehicles of a category where he has held two or more provisional licences in respect of vehicles of that category unless, within the period of two years ending on the date of application, he underwent a driving test in relation to vehicles of that category and produces evidence to that effect to the licensing authority.

( b ) Paragraph (a) of this sub-article shall not apply where the applicant satisfies the licensing authority that because of illness or other unavoidable circumstances he had good cause for not submitting to a test."

( b ) by the substitution of the following sub-articles for sub-articles (3) and (4) of article 27:

"(3) Where a person does not submit to a test for a certificate of competency arranged pursuant to an application made by such person, the issuing authority may arrange a further test pursuant to the said application on its own initiative provided that the issuing authority--

( a ) receives from the applicant not later than ten days before the date arranged for the first mentioned test, notification of such person's decision not to submit to the test and such person has not submitted two or more such notifications in respect of tests previously arranged pursuant to the said application, or

( b ) is satisfied that the applicant had adequate reason for not undergoing the first mentioned test.

(4) The issuing authority shall not refund to any person the fee paid for an application for a certificate of competency unless it is satisfied that the person had adequate reason for not submitting to a test for a certificate of competency."

GIVEN under the Official Seal of the Minister for the Environment, this 9th day of March, 1994.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations provide for changes in the administration of driving test applications and impose a requirement that, in order to obtain a third or subsequent provisional licence, a person must have undergone a driving test within the previous two years. They also provide that the fee paid for a driving test will not be refundable except in very exceptional circumstances.