STATUTORY INSTRUMENTS.

S.I. No. 352 of 1999.

ROAD TRAFFIC (LICENSING OF DRIVERS) REGULATIONS, 1999.

S.I. No. 352 of 1999.

ROAD TRAFFIC (LICENSING OF DRIVERS) REGULATIONS, 1999.

ARRANGEMENT OF ARTICLES

PART 1

Preliminary and General

PART 2

Driving Licences

PART 3

Provisional Licences

PART 4

Certificates of Competency

PART 5

Health and Fitness

PART 6

Endorsements and Disqualifications

PART 7

Miscellaneous Provisions

SCHEDULES

SCHEDULE 1

Scheduled forms

SCHEDULE 2

Disqualifying diseases or disabilities

SCHEDULE 3

Diseases or disabilities where medical report is required

SCHEDULE 4

Driving operations to be carried out during driving test

SCHEDULE 5

Eyesight standards

SCHEDULE 6

Aspects and standards of physical and mental fitness

SCHEDULE 7

Minimum vehicle requirements for the purpose of the practical driving test

SCHEDULE 8

Regulations revoked

S.I. No. 352 of 1999.

ROAD TRAFFIC (LICENSING OF DRIVERS) REGULATIONS, 1999.

In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 5, 23(2), 31, 33, 34, 35, 38(7) and 42 of the Road Traffic Act, 1961 (No. 24 of 1961) , which powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997, I, ROBERT MOLLOY, Minister of State at the Department of the Environment and Local Government hereby make the following Regulations:--

PART 1

Preliminary and General

Citation.

1. These Regulations may be cited as the Road Traffic (Licensing of Drivers) Regulations, 1999.

Commencement.

2. These Regulations shall come into operation on 15 November 1999.

Interpretation.

3. (1) In these Regulations, unless the context otherwise requires--

“Act” means the Road Traffic Act, 1961 (No. 24 of 1961) ;

“articulated vehicle” means the combination of a mechanically propelled vehicle (other than a bicycle) and a drawn vehicle attached by partial superimposition and so constructed and attached that not less than 20 per cent of the weight of the drawn vehicle is borne by the mechanically propelled vehicle;

“automatic transmission” means any system for connecting engine output to driven wheel which is controlled by any method except one consisting solely of driver operated mechanical or hydraulic linkages;

“category” means any one of the categories of vehicles specified in article 5 of these Regulations and, save where the context otherwise requires, includes a sub-category of any such category;

“certificate of registration” has the meaning assigned to it in article 11 of the Aliens Order, 1946 (S.R.O. No. 395 of 1946 );

“commencement day” in relation to a driving licence or a provisional licence means the day on which the licence is granted;

“cylinder capacity” means the cylinder capacity of an engine of a vehicle as calculated in accordance with article 30 of the Road Vehicles (Registration and Licensing) Regulations, 1992 ( S.I. No. 385 of 1982 );

“date of application” means the date on which an application for a certificate of competency, a certificate of fitness, a driving licence or a provisional licence is received by an issuing authority;

“design gross vehicle weight” in relation to a vehicle, has the meaning assigned to it by sub-article (2) of this article;

“driver tester” means an officer appointed by the Minister to carry out tests under section 33 of the Act;

“European Economic Area” has the meaning assigned to it in the European Economic Area Agreement between the European Community and the European Free Trade Area signed in Oporto, Portugal on 2 May 1992;

“land tractor” means a vehicle (other than a cycle) which has at least two axles and which:--

(a) is constructed primarily for use on land to pull, push, carry or operate tools, machines or trailers used in connection with agriculture, forestry, land levelling, dredging or similar operations, and

(b) is not constructed itself primarily to carry a load other than a load which is incidental to its use as a tractive vehicle;

“Local Government Fund” means the Fund established by section 3 of the Local Government Act 1998 ( No. 16 of 1999 );

“Minister” means the Minister for the Environment and Local Government;

“moped” means a mechanically propelled bicycle fitted with an engine having a cylinder capacity not exceeding 50 cubic centimetres, if of the internal combustion type, and/or having a maximum design speed of not more than 45 kilometres per hour;

“motorcycle” means a mechanically propelled bicycle, with or without a sidecar, fitted with an engine having a cylinder capacity of more than 50 cubic centimetres, if of the internal combustion type, and/or having a maximum design speed of more than 45 kilometres per hour;

“national driving licence” means a licence to drive a vehicle (not being a licence issued to a person to enable that person to learn to drive) issued by the competent authority of a State other than Ireland;

“normal residence” means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he or she is living. However, the normal residence of a person whose occupational ties are in a difference place from his or her personal ties and who subsequently lives in turn in different places situated in two or more Member States of the European Communities or of the European Economic Area shall be regarded as being the place of his or her personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence;

“passenger accommodation” means seating passenger accommodation determined in accordance with the Road Traffic (Passenger Accommodation of Mechanically Propelled Vehicles) Regulations, 1962 ( S.I. No. 143 of 1962 );

“recognised driving licence” has the meaning assigned to it by article 30 (7) of these Regulations;

“recognised ophthalmic optician” means a person registered in the Register of Ophthalmic Opticians kept by the Board under the Opticians Act, 1956 (No. 17 of 1956) ;

“revoked Regulations” means the Road Traffic (Licensing of Drivers) Regulations, 1989 ( S.I. No. 285 of 1989 );

“test” means a test carried out under section 33 of the Act;

“trailer” means a vehicle attached to a mechanically propelled vehicle for the purpose of being drawn by the mechanically propelled vehicle;

“tricycle and quadricycle” means respectively any three and four-wheeled vehicle in category B with a maximum design speed of over 50 kilometres per hour or powered by a spark-ignition internal combustion engine with a cubic capacity of more than 50 cubic centimetres or any other engine of equivalent power. The unladen mass shall not exceed 550 kilograms. The unladen mass of electrically propelled vehicles shall not take account of the battery mass;

“vehicle”, save in relation to the definition of a trailer, means a mechanically propelled vehicle;

“without limitation” means without being limited to a specified type of vehicle belonging to a category;

“work vehicle” means a vehicle (other than a land tractor) which has a maximum design speed not exceeding 40 kilometres per hour and which is constructed primarily for any work other than the conveyance by road of goods or burden of any other description.

(2) The “design gross vehicle weight” of a vehicle means the gross weight of the vehicle laden with the heaviest load which it can reasonably carry having regard to the engine capacity, brakes, tyres and general construction of the vehicle and shall, until the contrary is shown, be taken to be:--

(a) the design gross vehicle weight indicated on the certificate of roadworthiness last issued in relation to the vehicle under the European Communities, (Vehicle Testing) Regulations, 1991, ( S.I. No. 356 of 1991 ), or

(b) where paragraph (a) of this sub-article is not applicable the design gross vehicle weight of a vehicle shall be--

(i) the design gross weight of the vehicle as specified by the manufacturer or distributor of the vehicle, or

(ii) where the design gross weight of the vehicle as specified by the manufacturer or distributor is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer.

(3) In these Regulations a reference to a form shall be construed as a reference to such form or to a form substantially to the like effect.

(4) In these Regulations a reference to a scheduled form shall be construed as a reference to such one of the forms specified in the First Schedule to these Regulations as is applicable to the case.

Forms.

4. The Minister may cause to be printed and provided the forms of driving licences and provisional licences and of applications for such licences and of declarations, records, returns, books of account and other documents required under the provisions of these Regulations or being reasonably necessary for the purpose of these Regulations and may direct licensing authorities to arrange for the printing of any forms or other documents referred to in this article.

Categories of vehicles.

5. Vehicles shall be divided, for the purposes of Part III of the Act into the categories set out in column 1 of the following Table and the vehicles of a category shall, subject to article 6 of these Regulations, be those set out in column 2 of the said Table opposite the mention in column 1 of that category.

TABLE

Provisions ancillary to article 5.

6. (1) A combination of vehicles which consists of a drawing vehicle and a trailer shall, for the purpose of these regulations, be regarded as a vehicle:--

(a) in category B where the drawing vehicle is in category B and the design gross vehicle weight of the trailer does not exceed the unladen weight of the drawing vehicle and the total design gross vehicle weight of the combination does not exceed 3,500 kg,

(b) in category B, C1, C, D1 or D where the drawing vehicle is in category B, C1, C, D1 or D, respectively, and the design gross vehicle weight of the trailer does not exceed 750 kg,

(c) in category W where the drawing vehicle is in category W.

(2) (a) Vehicle categories EC1 and ED1 shall only cover combinations where the design gross vehicle weight of the trailer does not exceed the unladen weight of the drawing vehicle.

(b) The trailer in combinations of vehicles in category ED1 shall not be used for the transport of persons.

Excepted vehicles.

7. The pedestrain controlled vehicles which are excepted from subsections (1), (2), (3), (4) and (5) of section 38 and from sections 40 and 41 of the Act shall be pedestrain-controlled vehicles which are neither constructed nor adapted for use for carrying the driver or a passenger and which do not exceed 407 kg in weight unladen.

Minimum ages.

8. The age set out in column 2 of the following Table opposite the mention of a category in column 1 of the said Table shall be the age below which a person shall be disqualified for holding a driving licence or a provisional licence in respect of vehicles of that category.

TABLE

Disqualifying diseases or disabilities.

9. Any of the diseases or disabilities specified in Schedule 2 to these Regulations shall be a disease or disability for the purpose of subsection (1) of section 32 of the Act.

Keeping of records by licensing authorities.

10. A licensing authority shall keep such records in relation to driving licences, provisional licences and licences granted by them under Part III of the Act as the Minister may from time to time direct.

Furnishing of information and inspection of records.

11. (1) A licensing authority shall, on request and free of charge, supply to any other licensing authority, to a member of the Garda Síochána or to an authorised officer of the Minister such information as is requested in relation to a driving licence or provisional licence granted by the authority or any notification received by the authority under Part 6 of these Regulations.

(2) A licensing authority shall, on request and on payment of a fee of five pounds, supply to any person who satisfies the authority that he or she has reasonable cause therefor such information as is requested in relation to a driving licence or provisional licence granted to any specified person by the authority.

(3) A licensing authority shall, on request, admit a member of the Garda Síochána or an authorised officer of the Minister to the offices of the licensing authority while such offices are open for business and shall permit such member or officer to inspect the records and other documents which the licensing authority are required to keep in accordance with the provisions of these Regulations and to make copies thereof.

Disposition of fees.

12. (1) Fees received by the Minister under these Regulations shall be paid into and disposed of for the benefit of the Exchequer.

(2) Fees received by a licensing authority under these Regulations shall be paid into and disposed of for the benefit of the Local Government Fund.

Penal regulations.

13. (1) A licensing authority or an officer of such authority shall not grant a driving licence, a provisional licence, or a duplicate of either such licence, and a person empowered under these Regulations in that behalf shall not issue a certificate save in accordance with the Act and these Regulations.

(2) This Regulation shall be a penal regulation.

PART 2

Driving Licences

Form of driving licence and period of grant.

14. (1) A driving licence shall be in a scheduled form.

(2) A driving licence shall, subject to sub-articles (3) and (4) of this article, be granted for a period of:--

(a) three years or ten years, plus the unexpired period of a licence previously granted to the applicant, where the applicant is less than 60 years of age on the commencement day, or

(b) three years, plus the unexpired period of a licence previously granted to the applicant, where the applicant is 60 years of age or more on the commencement day.

(3) A driving licence may be granted for a period of one year, plus the unexpired period of a licence previously granted to the applicant, where the application for the licence is required under article 42 of these Regulations to be accompanied by a medical report and the medical report indicates that the applicant appears to require medical review within a period which is less than three years.

(4) A driving licence may be granted for the period beinning on the commencement day and ending on the day before the applicant attains the age of 70 years in case where the applicant is on the commencement day 60 years of age or more but less than 67 years of age.

Application for driving licence.

15. (1) A person making an application for a driving licence shall have his or her normal residence in the State and such application shall be made on a scheduled form, shall contain the information requested, shall contain the declaration indicated on that form duly completed by the applicant, and shall, unless the application is accompanied by a medical report in pursuance of paragraph (f) of sub-article (3) of this article, contain a declaration by the applicant that--

(a) to the best of his or her knowledge and belief he or she is not suffering from any of the diseases or disabilities specified in Schedules 2 and 3 to these Regulations,

(b) he or she has not suffered in the past from epilepsy or alcoholism,

(c) since he or she last applied for a driving licence or a provisional licence his or her health has not suffered any deterioration which affects to a material extent his or her ability to drive, and

(d) he or she is not taking, on a regular basis, drugs or medicaments which would be likely to cause the driving of a vehicle by him or her in a public place to be a source of danger to the public.

(2) An application by the holder of a driving licence for a driving licence shall not be made more than one month before the date of expiry of the driving licence held by the applicant except where the applicant is applying for a driving licence in respect of vehicles of a category which the applicant is not then licensed to drive.

(3) An application for a driving licence shall be accompanied by--

(a) where the applicant is the holder of a driving licence or a recognised driving licence, such licence,

(b) where the applicant is the holder of a provisional licence, such licence,

(c) where the applicant, not being the holder of a driving licence or a recognised licence, held

(i) a driving licence or a driving licence issued by the competent authority of a Member State of the European Communities or of the European Economic Area, for any period within that period of ten years preceding the date of application, or

(ii) a recognised driving licence issued by the competent authority of a State other than a Member State of the European Communities or of the European Economic Area for any period within the period of one year preceding the date of application,

the last such licence granted to him or her,

(d) where the applicant, not being the holder of a provisional licence, held such a licence for any period within the period of five years preceding the date of application the last such licence granted to him or her unless, subsequent to the grant of such licence, he or she was granted a driving licence,

(e) where the applicant is a person whose application is required under article 30 of these Regulations to be accompanied by a certificate of competency, such certificate of competency,

(f) where the applicant is a person whose application is required under article 42 of these Regulations to be accompanied by a medical report, such medical report,

(g) two photographs of the applicant in accordance with article 55 of these Regulations,

(h) any evidence of identity required under article 56 of these Regulations.

(4) The provisions of paragraphs (a), (b), (c) and (d) of sub-article (3) of this article shall not apply in a case where the licensing authority are satisfied that the relevant licence has been lost or destroyed and the authority obtain particulars of that licence.

Grant of driving licence.

16. Where an application for a driving licence is duly made to a licensing authority, the authority shall complete a scheduled form by entering thereon the particulars indicated on that form and shall affix thereto a photograph and signature of the applicant.

Motorcycle engine size restriction.

17. A person granted a provisional licence for the first time on or after the commencement of these Regulations to drive vehicles in category A and who on obtaining a certificate of competency in that category is subsequently granted a driving licence in that category, shall, until a period of two years after the grant of the latter licence, be restricted to driving only those vehicles in the said category which have a power output not exceeding 25 kW or a power/weight ratio not exceeding 0.16 kW/kg, or in the case of vehicles in the said category with sidecars, with a power/weight ratio not exceeding 0.16 kW/kg.

Duplicate driving licence.

18. (1) The holder of a driving licence may apply to the licensing authority which granted it for a duplicate of that licence and the application shall be on a scheduled form and shall be accompanied by:--

(a) two photographs of the applicant in accordance with article 55 of these Regulations, and

(b) any evidence of identity required under article 56 of these Regulations.

(2) Where the licensing authority are satisfied that the driving licence (in this article referred to as the original licence) in respect of which such application is made has been lost, destroyed or mutilated they may, on payment of a fee of four pounds issue such duplicate.

(3) A duplicate driving licence issued under this article shall consist of the scheduled form which shall have been completed by the licensing authority by entering thereon the particulars which were entered on the original licence and by affixing thereto a photograph and signature of the applicant.

(4) Before issuing such duplicate driving licence, the licensing authority shall endorse on it any endorsement or note which was endorsed or noted on the original licence.

(5) A duplicate licence issued under this article shall be a driving licence of the same effect as the original licence.

PART 3

Provisional Licences

Application of provisions of the Act to provisional licences.

19. The provisions of subsections (2), (4) and (5) of section 22, sections 26 and 27, subsections (1), (3), (4) and (5) of section 28 and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act shall apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence except that--

(a) a consequential or ancillary disqualification order shall not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,

(b) the application of subsection (5) of section 22 of the Act to provisional licences shall not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he or she is required to produce a certificate of competency,

(c) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he or she shall not by virtue of the application of subsection (5) of section 22 of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.

Form, period and effect of provisional licence.

20. (1) A provisional licence shall be in a scheduled form.

(2) Subject to the provisions of article 23 (4), a provisional licence shall be granted--

(a) for a period of two years beginning on the day on which the licence is granted, or

(b) for a period of two years plus the unexpired period of a provisional licence previously granted to the applicant.

(3) Notwithstanding sub-article (2) of this article, a provisional licence may be granted for a period of one year where--

(a) the application for the licence is required under article 42 to be accompanied by a medical report and the medical report indicates that the applicant appears to require medical review within a period which is less than two years, or

(b) the provisions of article 22 (1) apply.

(4) A one year provisional licence shall be granted--

(a) for a period of one year beginning on the day on which the licence is granted, or

(b) for a period of one year plus the unexpired period of a provisional licence previously granted to the applicant.

(5) Subject to the provisions of Part III of the Act the period during which a provisional licence shall have effect shall be the period for which the licence is granted.

(6) (a) In this sub-article “qualified person” means a person who holds a driving licence in respect of the vehicle category being driven.

(b) Subject to paragraph (c) of this sub-article, a provisional licence shall, on coming into effect, licence the holder to drive a vehicle of any category for which the licence is granted on any occasion during the period specified in the licence provided that the following conditions are complied with--

(i) a person provisionally licensed to drive vehicles of category A1, A or M shall not carry a passenger in or on such a vehicle,

(ii) a person provisionally licensed to drive a vehicle shall not carry in the vehicle any passenger for reward,

(iii) a person provisionally licensed to drive vehicles of category B, C1, C, D1, D, EB, EC1, EC, ED1, or ED shall not drive such a vehicle unless there are displayed on the vehicle rectangular plates or signs bearing the letter “L” not less than fifteen centimetres high in red on a white ground, in clearly visible vertical positions to the front and rear of the vehicle,

(iv) a person provisionally licensed to drive vehicles of category B, C1, C, D1, D, EB, EC1, EC, ED1 or ED shall not drive such a vehicle unless he or she is accompanied by and is under the supervision of a qualified person,

(v) a person provisionally licensed to drive vehicles of category W shall not carry a passenger in or on such a vehicle unless the vehicle is constructed or adapted to carry a passenger and such passenger is a qualified person,

(vi) notwithstanding article 6 of these Regulations, a person provisionally licensed to drive vehicles of category B, C1, C, D1 or D shall not drive such a vehicle while the vehicle is drawing a trailer.

(c)   (i) The condition set out in paragraph (b) (iv) of this sub-article shall not apply while the holder of the licence is driving a vehicle in the course of undergoing a driving test or driving a vehicle of a category in respect of which he or she holds a valid certificate of competency, or, where that certificate contains a statement that in relation to a category of vehicle it is limited to a specified type of vehicle, while he or she is driving a vehicle of that type.

(ii) The condition at paragraph (b) (iv) of this sub-article shall not apply to a vehicle which is constructed or adapted for use by a person suffering from a physical handicap and which is not constructed or adapted to carry a passenger.

(iii) The condition at paragraph (b) (iv) of this sub-article shall not apply to the driving of a vehicle in category B by a person to whom a provisional licence in respect of vehicles in class C under the revoked regulations was granted prior to 12 August, 1985 or to a person who is driving a vehicle in category B during the period of validity of a second provisional licence granted to him or her in respect of such vehicles.

Fee for provisional licence.

21. The fee to be paid to a licensing authority on application for a provisional licence shall be twelve pounds.

Limitations on application for provisional licence.

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

(b) A person to whom paragraph (a) relates and who has not produced evidence to the effect that he or she underwent a driving test, may subsequently apply for a provisional licence in respect of that category provided such application is accompanied by evidence that a driving test has been arranged for that person in respect of a vehicle in that category. Subject to the provisions of article 20 (2), a provisional licence granted in accordance with this paragraph shall be for a period of one year.

(c) Paragraph (a) shall not apply where the applicant satisfies the licensing authority that because of illness, as certified by a registered medical practitioner, the applicant was not in a position to submit to a driving test.

(2) A person shall not apply for a first provisional licence in respect of vehicles in--

(a) category C1, C, D1 or D unless the person holds a driving licence in respect of vehicles in category B,

(b) category EB, EC1, EC, ED1 or ED unless the person holds a driving licence in respect of the drawing vehicle appropriate to the category which is the subject of the application,

(c) any category in respect of which the person holds a recognised driving licence.

(3) An application for a provisional licence in respect of a category of vehicles shall be regarded as an application for a first provisional licence in respect of that category unless the applicant held--

(a) a provisional licence in that category at some time within the period of five years preceding the date of application, or

(b) a driving licence issued by the competent authority of a Member State of the European Communities (including Ireland) or of the European Economic Area in that category at some time within the period of ten years preceding the date of application.

Application for provisional licence.

23. (1) A person making an application for a provisional licence shall have his normal residence in the State and such application shall be made on a scheduled form, shall contain the information requested, shall contain the declaration indicated on that form duly completed by the applicant, shall contain a declaration that the applicant has a satisfactory knowledge of the Rules of the Road, and, where the application is not accompanied by a medical report, the application shall contain a declaration by the applicant that:-

(a) to the best of his or her knowledge and belief he or she is not suffering from any of the diseases or disabilities specified in Schedules 2 and 3 to these Regulations,

(b) he or she has not suffered in the past from epilepsy or alcoholism,

(c) since he or she last applied for a driving licence or a provisional licence his or her health has not suffered any deterioration which affects to a material extent his or her ability to drive, and

(d) he or she is not taking, on a regular basis, drugs or medicaments which would be likely to cause the driving of a vehicle by him or her in a public place to be a source of danger to the public.

(2) An application by the holder of a provisional licence for a provisional licence shall not be made more than one month before the date of expiry of the provisional licence held by him or her except where he or she is applying for a provisional licence in respect of vehicles of a category which he or she is not then licensed to drive.

(3) An application for a provisional licence shall be accompanied by--

(a) where the applicant is the holder of a driving licence, or a driving licence issued by the competent authority of a Member State (other than Ireland) of the European Communities or of the European Economic Area, such licence,

(b) where the applicant is the holder of a provisional licence, such licence,

(c) where the applicant, not being the holder of a licence, held a driving licence for any period within the preceding ten years, the last such licence granted to him or her,

(d) where the applicant, not being the holder of a provisional licence, held such a licence for any period within the preceding five years, the last such licence granted to him or her unless, subsequent to the grant of such licence, he or she was granted a driving licence,

(e) where the applicant is a person whose application is required under article 42 of these Regulations to be accompanied by a medical report or eyesight report, such report,

(f) two photographs of the applicant in accordance with article 55 of these Regulations,

(g) any evidence of identity required under article 56 of these Regulations, and

(h) a birth certificate, passport or certificate of registration in relation to the applicant where the applicant has not held a driving licence within the period of ten years, or a provisional licence within the period of five years preceding the date of application and is not the holder of a recognised driving licence.

(4) An application for a provisional licence by a person whose application is required under article 42 of these Regulations to be accompanied by a medical report or eyesight report shall not be required to be accompanied by such a report where the licensing authority are satisfied that a decision on an application by such person for a certificate of competency has within the period of twelve months preceding the date of application been deferred pending the production of a certificate of fitness.

(5) The provisions of paragraphs (a), (b), (c) and (d) of sub-article (3) of this article shall not apply in a case where the licensing authority are satisfied that the relevant licence has been lost or destroyed and the authority obtain particulars of that licence.

Grant of provisional licence.

24. Where an application for a provisional licence is duly made the licensing authority shall complete a scheduled form by entering thereon the particulars indicated and shall affix thereto a photograph and signature of the applicant.

Duplicate provisional licence.

25. (1) The holder of a provisional licence may apply to the licensing authority which granted it for a duplicate of that licence and an application for such a duplicate shall be on a scheduled form and shall be accompanied by:--

(a) two photographs of the applicant in accordance with article 55 of these Regulations, and

(b) any evidence of identity required under article 56 of these Regulations.

(2) Where the licensing authority are satisfied that the provisional licence (in this article referred to as the original licence) in respect of which such application is made has been lost, destroyed or mutilated they may, on payment of a fee of four pounds, issue such duplicate.

(3) A duplicate provisional licence issued under this article shall consist of the scheduled form which shall have been completed by the licensing authority by entering thereon the particulars which were entered on the original licence and by affixing thereto a photograph, and signature of the applicant.

(4) Before issuing such duplicate provisional licence, the licensing authority shall endorse on it any endorsement or note which was endorsed or noted on the original licence.

(5) A duplicate licence issued under this article shall be a provisional licence of the same effect as the original licence.

PART 4

Certificates of Competency

Issuing authority and delegation of functions.

26. (1) The issuing authority for the purposes of section 33 of the Act shall be the Minister and in this Part the expression “issuing authority” means, save where the context otherwise requires, the Minister.

(2) The functions of the issuing authority under subsection (4) of section 33 of the Act are hereby delegated to driver testers.

Form and period of validity of certificate of competency.

27. (1) A certificate of competency shall be in a scheduled form.

(2) A certificate of competency shall be signed forthwith by the person to whom it is issued.

(3) A certificate of competency shall cease to be valid two years after the date of issue.

Fee for certificate of competency.

28. (1) The fee to be paid to the issuing authority on application for a certificate of competency shall be--

(a) £60 where the application relates to vehicles of category EC1, EC, ED1 and ED, other than an application under the terms of paragraph (c) of this sub-article;

(b) £50 where the application relates to vehicles in category C1, C, D1 or D, other than an application under the terms of paragraph (c) of this sub-article;

(c) Nil where the application relates to vehicles in category C1, C, D1, D, EC1, EC, ED1 or ED and where the applicant satisfies the issuing authority that he or she is unemployed and has been unemployed for a continuous period of not less than 12 months immediately preceding the date of application and is registered with Foras Áiseanna Saothair (FAS);

(d) £30 in any other case.

(2) A person who does not submit to a test for a certificate of competency arranged pursuant to an application made by him or her shall not, subject to sub-article (3) of this article, be given a further test unless he or she makes a fresh application for a certificate of competency.

(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.

Driving test.

29. (1) The test to be carried out prior to the giving of a decision under subsection (4) of section 33 of the Act shall consist of an oral test of the applicant's knowledge of the Rules of the Road and a practical test in driving in a vehicle, driven by the applicant, of the category in respect of which application for a certificate of competency is duly made.

(2) The test shall be of such a nature as to enable the driver tester to satisfy himself or herself whether the applicant--

(a) has a satisfactory knowledge of the Rules of the Road,

(b) can carry out satisfactorily on a road all or any of the operations specified in Part 1 or Part 2 of Schedule 4 to these Regulations, as appropriate,

(c) complies satisfactorily with the Rules of the Road while driving,

(d) is competent generally to drive vehicles of the category in respect of which the application is duly made or, where the application is one to which section 22 of the Road Traffic Act, 1968 ( No. 25 of 1968 ) applies, to drive vehicles of the type in respect of which the application is made without danger to and with due regard for the safety and convenience of other persons.

(3) Part 1 of Schedule 4 to these Regulations shall apply to a test carried out before 3 April 2000 and Part 2 of that Schedule shall apply to any test carried out on or after that date.

(4) Every vehicle to be provided by an applicant for the purpose of a test shall comply with the following conditions:--

(a) it shall have a seat for at least one person in addition to the driver, unless it is a vehicle of category A1, A, M or W or it is a vehicle which is neither constructed nor adapted to carry a passenger;

(b) it shall be in a roadworthy condition;

(c) it shall be of a type sufficiently representative of its category, except where it is being provided in pursuance of an application to which section 22 of the Road Traffic Act, 1968 ( No. 25 of 1968 ), applies;

(d) if it is the drawing component of an articulated vehicle it shall have attached thereto the drawn component of such vehicle; and

(e) it shall comply with the minimum vehicle requirements specified in Schedule 7 to these Regulations where the test is carried out on or after 3 April 2000.

(4) In a case where a vehicle is required to have a seat for at least one person in addition to the driver, the driver tester shall accompany the applicant during the practical test.

(5) The test shall be held at such place and at such time as may be determined by the issuing authority.

(6) Subject to sub-articles (3) and (4) of this article, where, because of a physical disability, the applicant can only drive certain types of vehicle with a specific adaptation or adaptations, the driving test shall be taken in such vehicle.

(7) The issuing authority shall not test or cause to be tested a person in relation to the driving of vehicles of any category unless the person holds a provisional licence in respect of vehicles of the category in relation to which the test is to be carried out.

Persons whose applications for driving licences are required to be accompanied by certificate of competency.

30. (1) An application by a person for a driving licence shall be accompanied by a certificate of competency where the application relates to a category or categories without limitation or to a specified type of vehicle belonging to a category in respect of which the applicant is not or was not for any period within the period of ten years preceding the date of application the holder of a driving licence issued by the competent authority of a Member State of the European Communities or of the European Economic Area.

(2) Notwithstanding sub-article (1) of this article a certificate of competency shall not be required to be submitted with an application for a driving licence where--

(a) the application--

(i) is made by a person who holds, or held at some time within the period of one year preceding the date of application, a driving licence issued by a State declared by the Minister to be a recognised State for the purposes of these Regulations and who surrenders such licence to the licensing authority with the application,

(ii) relates to a category or categories without limitation, or to a specified type of vehicle belonging to a category, in respect of which the applicant holds such licence, and

(iii) is accompanied by a statement by the applicant that such licence is a genuine licence, or

(b) the applicant is a person who as a member of the Defence Forces as defined by the Defence Act, 1954 (No. 18 of 1954) within a period of five years prior to the date of application held a permit issued by the Director Cavalry Corps or the Director Supply and Transport Corps to drive vehicles of the category to which the application relates and whose application is accompanied by a certificate by either such Director that the applicant is competent to drive vehicles of that category, or

(c) the applicant is a person who as a member of the Garda Síochána within a period of five years prior to the date of application held a certificate issued by or on behalf of the Assistant Commissioner (Training) in the Garda Síochána to drive vehicles of the category to which the application relates and whose application is accompanied by a certificate by or on behalf of the said Assistant Commissioner that the person is competent to drive vehicles of that category, or

(d) the application relates to vehicles in a category set out in column 1 of the following Table and the conditions set out in column 2 of the Table opposite the mention in column 1 of that category are complied with.

TABLE

(3) For the purposes of sub-article (1) of this article a driving licence in respect of a category set out in column 1 of the following Table shall be regarded as a driving licence in respect of the category or any of the categories set out in column 2 of the said Table opposite the mention in column 1 of that category--

TABLE

(4) A driving licence or a certificate of competency in respect of a vehicle with automatic transmission belonging to a category set out in column 1 of the Table to sub-article (3) shall, for the purposes of sub-articles (1) and (5) of this article, be regarded as a driving licence or a certificate of competency, as the case may be, in respect of vehicles with automatic transmission belonging to a category set out in column 2 of the said Table opposite the mention in column 1 of the first-mentioned category.

(5) The certificate of competency to accompany an application for a driving licence in a case referred to in sub-article (1) of this article shall be a certificate which is valid on the date of application and which was issued to the applicant in respect of the category or categories without limitation or of the specified type or types of vehicles belonging to the category to which his application relates.

(6) For the purposes of sub-article (5) of this article a certificate of competency in respect of a category without limitation set out in column 1 of the Table in sub-article (3) of this article shall be regarded as a certificate of competency in respect of the category or any of the categories without lilmitations set out in column 2 of the said Table opposite the mention in column 1 of the category.

(7) The Minister may be order declare a State to be a recognised State for the purposes of these Regulations and in these Regulations the expression “recognised driving licence” means a licence to drive a vehicle (not being a licence issued to a person to enable that person to learn to drive) issued by the competent authority of a Member State, other than Ireland, of the European Communities or of the European Economnic Area or of any other State declared by the Minister under this sub-article to be a recognised State.

(8) (a) Subject to the provisions of paragraph (c) of this sub-article, a person who holds a driving licence issued by the competent authority of a Member State, other than Ireland, of the European Communities or of the European Economic Area may drive in a public place any vehicle in a category in respect of which the licence has been granted for the period for which such licence has effect.

(b) Subject to the provisions of paragraph (a) and (c) of this sub-article, upon taking up normal residence in the State, a person who holds a recognised driving licence issued by a competent authority of a State other than a Member State of the European Communities or of the European Economic Area may drive in a public place any vehicle which such person is licensed by such licence to drive until the expiry of--

(i) the period for which such licence has effect, or

(ii) one year from the date of taking up such residence,

whichever first occurs.

(c) Paragraphs (a) and (b) of this sub-article shall only apply in respect of licences for categories as set out in column 1 of the Table in article 5 of these Regulations, other than categories M and W, and their equivalences, as may be laid down by the Minister from time to time.

(9) Notwithstanding sub-articles (7) and (8) of this article, the Minister may be order declare that driving licences issued by the competent authority of a Member State, other than Ireland, of the European Communities or of the European Economic Area which contain entitlement in respect of designated categories other than those set out in column 1 of the Table in article 5 of these Regulations shall entitle their holders to drive in a public place any vehicle in such designated categories for the period for which such entitlement has effect.

Application for certificate of competency.

31. An application for a certificate of competency shall be made on a scheduled form and the applicant shall furnish the information and make the declaration indicated on that form.

Deferred decision on application for a certificate of competency.

32. (1) In a case where a decision on an application has been deferred under subsection (4) of section 33 of the Act the applicant may submit to the issuing authority a valid certificate of fitness in respect of the category to which the applicant for a certificate of competency relates.

(2) On receipt of such certificate of fitness, the issuing authority shall, subject to the provisions of the said subsection (4), either refuse the application for a certificate of competency or issue a certificate of competency.

Appeal against decision on application for a certificate of competency.

33. (1) Where, in the case of an appeal under subsection (5) of section 33 of the Act, a Justice of the District Court directs that an application shall be dealt with without requiring a certificate of fitness, the issuing authority shall issue a certificate of competency.

(2) Where, in the case of an appeal under subsection (6) of section 33 of the Act, a Justice of the District Court directs that an applicant shall be given a further test, the issuing authority shall cause the applicant to be tested by a driver tester other than the driver tester by whom the application was refused.

Duplicate certificate of competency.

34. (1) Where a person to whom a certificate of competency was issued satisfies the issuing authority that such certificate was lost or destroyed and that he or she has adequate reasons for requiring a duplicate of such certificate the issuing authority may issue such duplicate.

(2) A duplicate certificate issued under this article shall be a certificate of competency of the same effect as the original certificate.

PART 5

Health and Fitness

Issuing authority and delegation of functions.

35. (1) The issuing authority for the purposes of section 34 of the Act shall be the Minister.

(2) The functions of the issuing authority under subsection (4) of section 34 of the Act shall be delegated to such officer or officers of the issuing authority as the issuing authority shall from time to time designate and any such officer shall, for the purpose of the performance of such functions, be known as the designated officer.

Relevant aspects of a person's physical and mental condition.

36. The aspects of a person's physical and mental condition and the minimum standard of physical and mental fitness specified in Schedule 6 to these Regulations shall be, for the purpose of section 34 of the Act, relevant aspects of a person's physical and mental condition which shall be considered in the case of an application for a certificate of fitness.

Form and period of validity of certificate of

37. (1) A certificate of fitness shall be in a scheduled form and shall be signed forthwith by the person to whom it is issued.

(2) A certificate of fitness shall certify a person as being fit to drive for an unlimited period or for a limited period which shall be not less than one year from the date of issue of the certificate and which shall be specified in the certificate.

(3) A certificate of fitness shall be submitted to a licensing authority within a period of six months after the date of issue.

Form of report.

38. (1) A report by a registered medical practitioner for the purposes of section 34 of the Act or articles 40 and 42 of these Regulations shall be made on a scheduled form.

(2) The prescribed period referred to in subsection (3) of the said section 34 shall be one month.

Fee for certificate of fitness.

39. A fee shall not be payable to the issuing authority in respect of an application for a certificate of fitness.

Application for certificate of fitness.

40. (1) An application for a certificate of fitness shall be accompanied by a medical report.

(2) Where an application for a certificate of fitness in respect of any category has been refused, no further application for such certificate in respect of that category shall be considered by the issuing authority within the period of six months from the date of such refusal.

Duplicate certificate of fitness.

41. (1) Where a person to whom a certificate of fitness was issued satisfies the issuing authority that such certificate was lost or destroyed and that he or she has adequate reasons for requiring a duplicate of such certificate the issuing authority may issue such duplicate.

(2) A duplicate certificate issued under this article shall be a certificate of fitness of the same effect as the original certificate.

Requirement to provide medical report and eyesight report.

42. (1) An application by a person for a driving licence or a provisional licence shall be accompanied by a report by a registered medical practitioner in this article called a medical report where--

(a) the application, being an application for a driving licence, does not contain the declaration specified in sub-article (1) of article 15 of these Regulations, or

(b) the application, being an application for a provisional licence, does not contain the declaration specified in sub-article (1) of article 23 of these Regulations, or

(c) the applicant--

(i) is suffering from any of the diseases or disabiities specified in Schedule 3 to these Regulations, or

(ii) has suffered in the past from epilepsy or alcoholism, or

(iii) takes, on a regular basis, drugs or medicaments which would be likely to cause the driving of a vehicle by him or her in a public place to be a source of danger to the public, or

(d) the applicant is or will be 70 years of age or more on the commencement day and has not made a previous application accompanied by a medical report within six months of the date of application, or

(e) the application is an application for a provisional licence for category C1, C, D1, D, EC1, EC, ED1 or ED unless the licensing authority are satisfied that a medical report previously submitted by the applicant is still applicable.

(f) the application is an application for a driving licence for category C1, C, D1, D, EC1, EC, ED1 or ED unless the licensing authority is satisfied that the applicant has either previously submitted a medical report--

(i) in connection with a driving licence application in respect of any of the above mentioned categories, or

(ii) within the preceding year in connection with a provisional licence application in respect of any of the said categories,

and that such report is still valid.

(2) The medical report to accompany an application for a driving licence or a provisional licence shall be a report provided by a registered medical practitioner dated not more than one month prior to the date of application and which indicates that, in the opinion of the registered medical practitioner--

(a) the applicant meets the minimum standards of physical and mental fitness specified in Schedule 6 to these Regulations and is fit to drive vehicles of the category to which the application relates, and

(b) the applicant does not appear to require medical review during the period in respect of which the licence is sought.

(3) For the purposes of sub-article (3) of this article a medical report in respect of a category set out in--

(i) any column of the following Table shall be regarded as a medical report in respect of any other category set out in that column, and

(ii) column 3 of the following Table shall be regarded as a medical report in respect of any category set out in column 2 of that Table.

TABLE

(4) A certificate of fitness may be provided by an applicant in lieu of a medical report for the purposes of this article and references in these Regulations to such a medical report shall be so construed with appropriate modifications.

(5) An application for a provisional licence for category A1, A, B, M or W shall be accompanied by an eyesight report unless--

(i) the applicant has previously provided an eyesight report for the purpose of this article, or

(ii) the application is accompanied by a medical report for the purposes of this article, or

(iii) the applicant has previously provided a medical report for the purposes of this article.

(6) In this article “an eyesight report” means a report on a scheduled form from a registered ophthalmic optician or a registered medical practitioner dated not more than one month prior to the date of application which satisfies the licensing authority that the eyesight of an applicant for a provisional licence, or in the case of an applicant with defective eyesight for the time being corrected, the eyesight of the applicant as so corrected, complies, or does not comply, with the standards set out in Schedule 5 to these Regulations.

(7) An eyesight report in relation to a person shall indicate whether or not the wearing of corrective lenses by the person is necessary to enable the eyesight of that person to meet the standards set out in Schedule 5 to these Regulations.

PART 6

Endorsements and Disqualifications

Interpretation.

43. In this Part of these Regulations, save where the context otherwise requires--

“disqualified person” shall mean, as appropriate, a person in respect of whom a consequential, ancillary or special disqualification order has been made;

“driving licence” shall include a provisional licence;

“officer” shall mean, as appropriate, the clerk or registrar of the Court.

Application to national driving licences.

44. Article 45, 46 and 47 of these Regulations shall apply to the endorsement of a national driving licence in like manner as they apply to a driving licence.

Where consequential disqualification order is made.

45. (1) This article applies where a consequential disqualification order is made under the Act.

(2) Subject to the provisions of sub-article (4) of this article, the driving licence (if any) of the disqualified person shall, within five days of the coming into operation of the consequential disqualification order, be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal has not been lodged or to the officer of the appellate court in any other case.

(3) The officer of the court to whom the driving licence is delivered pursuant to sub-article (2) of this article shall retain it until the fifth day after the coming into operation of the consequential disqualification order and shall endorse it and send it to the licensing authority, which granted it.

(4) Where, by virtue of paragraph (d) of subsection (3) of section 30 of the Act the operation of a consequential disqualification order has been postponed to a day more than five days after the day on which the order would have come into operation if there had been no such postponement, the driving licence (if any) of the disqualified person, shall

(a) within five days of the day on which the order would have come into operation if there had been no postponement, be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal had not been lodged or to the officer of the appellate court in any other case and that officer shall endorse it and return it to the disqualified person and

(b) within five days of the coming into operation of the order be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal had not been lodged or to the officer of the appellate court in any other case and that officer shall send it to the licensing authority which granted it.

Where ancillary disqualification order is made.

46. (1) This article applies where an ancillary disqualification order is made under the Act.

(2) Subject to the provisions of sub-articles (4) and (5) of this article, the driving licence (if any) of the disqualified person shall, within five days of the coming into operation of the ancillary disqualification order, be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal has not been lodged or to the officer of the appellate court in any other case.

(3) The officer of the court to whom the driving licence is delivered pursuant to sub-article (2) of this article shall retain it until the fifth day after the coming into operation of the ancillary disqualification order and shall endorse it and send it to the licensing authority which granted it.

(4) Where, by virtue of paragraph (d) of subsection (3) of section 30 of the Act the operation of an ancillary disqualification order has been postponed to a day more than five days after the day on which the order would have come into operation if there had been no such postponement, the driving licence (if any) of the disqualified person, shall--

(a) within five days of the day on which the order would have come into operation if there had been no postponement, be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal had not been lodged or to the officer of the appellate court in any other case and that officer shall endorse it and return it to the disqualified person, and

(b) within five days of the coming into operation of the order be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal had not been lodged or to the officer of the appellate court in any other case and that officer shall send it to the licensing authority which granted it.

(5) Where an ancillary disqualification order is made by an appellate court in respect of a conviction in relation to which an ancillary disqualification order was not made by the court from which the appeal is taken, the driving licence (if any) of the disqualified person shall--

(a) where the operation of the order is not postponed under paragraph (d) of subsection (3) of section 30 of the Act for a period of more than five days, be delivered by the disqualified person to the officer of the appellate court within five days of the coming into operation of the order and that officer shall endorse it and send it to the licensing authority which granted it, or

(b) where the operation of the order has been postponed under paragraph (d) of subsection (3) of section 30 of the Act for a period of more than five days, be delivered by the disqualified person to the officer of the appellate court within five days of the making of the order and that officer shall endorse it and return it to the disqualified person, and

(c) where the driving licence has been endorsed under paragraph (b) of this sub-article, be delivered by the disqualified person to the officer of the appellate court within five days of the coming into operation of the order and that officer shall send it to the licensing authority which granted it.

Where special disqualification order is made.

47. (1) This article applies where a special disqualification order is made under the Act.

(2) Unless the operation of the special disqualification order is suspended pending an appeal, the driving licence of the disqualified person shall, within five days after the making of the special disqualification order, be delivered by the disqualified person to the District Court clerk.

(3) Where the driving licence has been delivered to the District Court clerk pursuant to sub-article (2) of this article the District Court clerk shall retain it until the period for lodging a notice of appeal has expired or until the notice of appeal is lodged, and--

(a) where no notice of appeal is lodged within such period, he or she shall endorse the driving licence and send it to the licensing authority which granted it,

(b) where a notice of appeal is lodged within such period, he or she shall send the driving licence to the registrar of the Circuit Court.

(4) Where a special disqualification order has been suspended pending an appeal and notice of appeal has been lodged--

(a) if notice of withdrawal of the appeal is subsequently given the driving licence of the disqualified person shall, within five days after the day of lodgement of the notice of the withdrawal of the appeal, be delivered by the disqualified person to the registrar of the Circuit Court who shall endorse it and send it to the licensing authority which granted it,

(b) if the appeal is heard and the special disqualification is annulled and a new special disqualification order is made by the Circuit Court the driving licence (if any) of the disqualified person shall, within five days after the making of the order of the Circuit Court, be delivered by the disqualified person to the registrar of the Circuit Court who shall endorse it and send it to the licensing authority which granted it.

(5) Where a special disqualification order has not been suspended pending an appeal and notice of appeal has been lodged--

(a) if notice of withdrawal of the appeal is given the registrar of the Circuit Court shall endorse the driving licence of the disqualified person and send it to the licensing authority which granted it,

(b) if the appeal is heard and the special disqualification order is annulled the registrar of the Circuit Court shall cancel any endorsement made under sub-section (4) of section 36 of the Act as a result of such special disqualification order and return the driving licence to the licensee,

(c) if the appeal is heard and the special disqualification order is annulled and a new order made by the Circuit Court the registrar of the Circuit Court shall endorse the driving licence and send it to the licensing authority which granted it.

Where order for endorsement in case of conviction is made.

48. (1) Where an order under subsection (1) or paragraph (c) of subsection (2) of section 36 of the Act is made in relation to a person who is the holder of a driving licence, the licence shall, within five days after the making of the order, be delivered by the licensee to the officer of the court which made the order, who shall endorse it and return it to the licensee.

(2) Where an order under subsection (1) of section 36 of the Act is annulled on appeal in the case of a person who is the holder of a driving licence the officer of the appellate court shall, on delivery to him or her of the driving licence, note thereon the annulment.

Where disqualification is removed.

49. (1) Where a disqualification under a consequential disqualification order or under an ancillary disqualification order is removed by an order under subsection (1) of section 29 of the Act the officer of the court which made the order for the removal of the disqualification shall, on delivery to him or her of the driving licence of the person in respect of whom the order was made, endorse the driving licence and--

(a) in a case in which the specified date for the removal of the disqualification has passed, shall return the driving licence to the licensee,

(b) in a case in which the said date has not passed, shall send the driving licence to the licensing authority which granted it.

(2) Where, on appeal under subsection (6) of section 29 of the Act, the appellate court either removes a disqualification under a consequential disqualification order or under an ancillary disqualification order or varies the date as from which such a disqualification is removed the officer of the appellate court shall, on delivery to him or her of the driving licence of the person in respect of whom the disqualification order was made, endorse the driving licence, and--

(a) in a case in which the specified date for the removal of the disqualification has passed, shall return the driving licence to the licensee,

(b) in a case in which the said date has not passed, shall send the driving licence to the licensing authority which granted it.

Delivery of licence in certain cases.

50. (1) Where--

(a) a person required under the provisions of these Regulations to deliver a driving licence to an officer of a court was, owing to the destruction or loss of the driving licence or for any other reason, unable to deliver it, or

(b) a person would have been so required to deliver a driving licence to an officer of a court if he or she had been the holder of a driving licence, such person shall deliver the first driving licence obtained thereafter by him, within five days after obtaining it, to the officer of the court who shall endorse it and where a consequential or ancillary disqualification order is not then in operation, return it to the licensee or, where such an order is in operation, send it to the licensing authority which granted it.

(2) Where a licensing authority granting a driving licence is aware that the driving licence is required to be delivered pursuant to sub-article (1) of this article, a note of the requirement shall be attached by the licensing authority to the driving licence.

Notification of making of orders

51. (1) Where--

(a) an order is made by a court under section 36 of the Act directing the endorsement on a driving licence of a conviction or of a disqualification order or of both a conviction and a disqualification order or of the removal of a disqualification,

(b) an order is made by a court confirming, annulling or varying an order referred to at paragraph (a), or

(c) an order for the suspension of the operation of a special disqualification order is made by a court under paragraph (b) of subsection (3) of section 30 of the Act,

the officer of the court which makes the order shall notify the Minister and the licensing authority which granted the driving licence or (if there is no driving licence) the licensing authority for the area in which the person concerned ordinarily resides, of particulars of the order.

(2) In this article “disqualification order” means a consequential disqualification order, an ancillary disqualification order or a special disqualification order.

Retention of licence by licensing authority.

52. Where a driving licence is sent pursuant to this Part of these Regulations to a licensing authority, such authority shall retain the driving licence until the expiration of the period of disqualification or until the removal of the disqualification and shall, unless the driving licence shall have been returned to the licensee by the court, return it to the licensee.

Penal regulations

53. The requirements in this Part of these Regulations that the driving licence of a disqualified person or of a person in relation to whom an order under subsection (1) or paragraph (c) of subsection (2) of section 36 of the Act has been made shall be delivered by the disqualified person or by the person in relation to whom an order as aforesaid has been made to the officer of a court shall be penal regulations.

Duplicate licences in certain cases.

54. (1) Where a driving licence which has been granted in respect of more than one category of vehicle is sent pursuant to this Part of these Regulations to a licensing authority in a case where the licensee is declared to be disqualified for holding a driving licence in respect of one or some but not all of such categories of vehicles the licensing authority shall issue to the licensee a duplicate driving licence in respect of the category or categories for which the licensee is not disqualified for holding a driving licence.

(2) (a) A duplicate driving licence issued pursuant to this article shall be returned by the licensee to the licensing authority where the driving licence sent to the licensing authority is returned pursuant to this Part of these Regulations by the licensing authority to the licensee.

(b) This sub-article shall be a penal regulation.

PART 7

Miscellaneous Provisions

Photographs.

55. (1) The photographs to accompany an application for a licence or a duplicate licence shall comply with the following conditions--

(a) each of the photographs shall be signed on the back by the applicant,

(b) each of the photographs shall, in the opinion of the licensing authority, provide an adequate facial likeness of the applicant for identification purposes, and

(c) the photographs shall comply with any conditions specified by the Minister under sub-article (2) of this article.

(2) The Minister may from time to time specify conditions as to the size, shape type or other features of photographs required to accompany an application for a licence or duplicate licence under these Regulations.

Evidence of identity.

56. A licensing authority may, in their absolute discretion, require an applicant for a driving licence or a provisional licence to provide evidence of identity and for this purpose may require an applicant for a licence to produce any one of the following documents:--

a passport; an employee or student identity card; a book issued in the State for payment of social welfare allowances, benefits or pensions; a medical card issued in the State; a free travel card issued in the State by the Department of Social, Community and Family Affiars; a travel document containing the name and photograph of the holder; a signing-on card issued in the State by the Department of Social, Community and Family Affairs; a Bank or Savings Bank book; a cheque book; a credit card; a credit union membership card; a birth certificate; a marriage certificate; a certificate of registration.

Revocations.

57. The Regulations set out in Schedule 8 to these Regulations are hereby revoked.

Codes indicating additional information and restrictions.

58. (1) A certificate of competency shall denote the appropriate code or codes set out in column 1 of the following Table to indicate that the recipient of the certificate shall, on taking out a driving licence, be subject to driving vehicles with the restriction or restrictions set out in column 2 of that Table

TABLE

(2) A licensing authority shall

(i) denote on a driving licence the code or codes denoted on a certificate of competency as referred to in sub-article (1) of this article, and

(ii) denote on a driving licence or a provisional licence the appropriate code or codes set out in column 1 of the following table to indicate the additional information or restrictions applicable to the licence or to the licence holder set out in column 2 of that Table.

TABLE

(3) (a) Subject to paragraph (b) of this sub-article, a licensing authority shall when granting a driving licence, denote on the licence the code 70 referred to in column 1 of the Table in sub-article (2) of this article, in case where the application for the licence is accompanied by a recognised driving licence.

(b) The said code 70 referred to in paragraph (a) of this sub-article shall be followed by the appropriate country code set out in column 1 of the Table in this sub-article, to indicate the country of origin of the recognised driving licence, as set out in column 2 of the Table in this sub-article, submitted with the driving licence application.

TABLE

SCHEDULE 1

Scheduled Forms

Articles 3, 4, 14,

15, 16, 18, 20, 23,

24, 25, 27, 31, 37,

38 and 42

Form D.201 -- Application for a provisional licence.

Form D.202 -- Provisional licence.

Side 1

Side 2

Form D.301 -- Application for a certificate of competency.

Form D.302 -- Certificate of competency.

Form D.401 -- Application for a driving licence.

Form D.402 -- Driving licence.

Side 1

Side 2

Form D.501 -- Medical report.

Form D.502 -- Eyesight report.

Form D.503 -- Certificate of fitness.

ROAD TRAFFIC ACT, 1981

Name of

Applicant....................................

Address......................................

.....................................................

.....................................................

CERTIFICATE OF FITNESS

Having considered the application of the person named above for a Certificate of Fitness and the accompanying report of the registered medical practitioner as to the relevant aspects of the applicant's physical and mental condition, I hereby certify that the applicant is fit to drive vehicles to class(es):

The period of validity of this Certificate, for the purpose of sub-article 2 of Article 37 of the Road Traffic (Licensing of Drivers), Regulations, 1999, is:

............................................................ ............................................................ ............................................................ .........

SIGNED............................................................ ............................................................ .......................................................

Designated Officer

DATE............................................................ ............................................................ ...........................................................

Ordinary Signature

of Applicant............................................................ ............................................................ ...................................................

IMPORTANT NOTES

(1) This Certificate is not valid until it has been signed by you.

(2) A Certificate of Fitness ceases to be valid unless it is submitted to a licensing authority with an application for a driving licence or a provisional licence within 6 months after the date of issue of the certificate.

(3) Under Section 34 (5) of the Road Traffic Act, 1961 a person aggrieved by a decision on an application for a Certificate of Fitness may appeal to the District Court

Form D.800 -- Application for duplicate driving licence or duplicate provisional licence.

Form D.900 -- Recognised driving licence declaration.

EXCHANGE OF DRIVING LICENCE

DECLARATION OF VALIDITY OF RECOGNISED DRIVING LICENCE

SCHEDULE 2

Disqualifying diseases and disabilities.

Articles 9, 15, 23

and 42

Dependence on or regular abuse of psychotropic substances.

Serious arrhythmia resulting in loss of consciousness.

SCHEDULE 3

Diseases or disabilities where a medical report is required.

Articles 15, 23

42

Alcoholism.

Any physical disablement which is likely to affect ability to drive safely.

Any illness which requires the regular use of psychotropic substances.

Any illness or disease which requires the regular use of medications likely to affect ability to drive safely.

Cardiovascular diseases.

Diplopia, defective binocular vision or loss of visual field.

Serious hearing deficiency.

Diabetes.

Epilepsy.

Encephalitis, multiple sclerosis, myasthenia gravis or hereditary diseases of the nervous system associated with progressive muscular atrophy and congenital-myotonic disorders.

Diseases of the peripheral nervous system.

Trauma of the central or peripheral nervous system.

Cerebrovascular diseases.

Lesion with damage to spinal cord and resultant paraplegia.

Mental disturbance due to disease or trauma of, or operation upon, the central nervous system.

Severe mental retardation.

Psychosis.

Psychoneurosis or personality disorders.

Serious diseases of the blood.

Any disease of the genito-urinary system (including renal disorder) which is likely to affect ability to drive safely.

SCHEDULE 4

Driving operations to be carried out during the practical driving test.

Article 29

Part 1

(i) Starting and stopping the engine.

(ii) Moving off, (straight ahead and at an angle) on uphill and downhill slopes.

(iii) Meeting, moving with and overtaking other traffic.

(iv) Taking left and right hand turnings and crossing intersections.

(v) Stopping the vehicle at various speeds including an emergency stop.

(vi) Parking the vehicle (other than a motorcycle) on uphill and downhill slopes, and oblique parking.

(vii) Causing the vehicle to face in the opposite direction using the steering, gears and brakes.

(viii) Reversing a vehicle (other than a motorcycle) in a straight line and around corners.

(ix) Giving signals by hand or by the use of direction indicators, of intended actions.

(x) Complying with signals for the control of traffic and taking appropriate action on meeting traffic signs and other authorised signs.

(xi) In the case of a motorcycle, driving the vehicle at slow speed.

Part 2

1. Preparation of the vehicle.

Drivers must be capable of:--

(i) adjusting the seat as necessary to obtain a correct seated position (except for category A1, A and M);

(ii) checking that the doors are closed, where fitted;

(iii) adjusting rear view mirrors, where fitted;

(iv) adjusting seat belts, where fitted.

2. Drivers must demonstrate that they are capable of using the vehicle controls by satisfactorily performing the following manoeuvres:--

(i) starting the engine and moving off smoothly both on the flat and on an uphill slope;

(ii) accelerating to a suitable speed while maintaining a straight course, including during gear changes;

(iii) adjusting speed to negotiate left or right turns at junctions while maintaining control of the vehicle;

(iv) reversing in a straight line and reversing right or left round a corner while keeping within the correct traffic lane (except for category A1, A and M);

(v) turning the vehicle to face in the opposite direction using forward and reverse gears (category B only);

(vi) braking accurately to a stop;

(vii) parking the vehicle and leaving a parking space.

Drivers must be able to use the secondary controls of the vehicle:--

windscreen wipers, windscreen washers, demister, air-conditioning (where fitted) and lights (except for category A1, A and M).

3. (a) Drivers must be able to perform all the usual manoeuvres in complete safety in normal traffic situations, taking all the necessary precautions:--

(i) observing (including the use of rear-view mirrors) road alignment, markings, signs and potential or actual risks;

(ii) communicating with other road users using all authorised means;

(iii) reacting appropriately in actual risk situations should circumstances demand;

(iv) complying with road traffic regulations and the instructions of the Garda Síochána, wardens etc.;

(v) showing due respect for other road users.

(b) Drivers must also have the skills needed, in traffic situations, to safely:--

(i) move off from the kerb and/or a parking space;

(ii) drive with the vehicle correctly positioned on the road, adjusting speed to traffic conditions and the line of the road;

(iii) keep the right distance between vehicles;

(iv) change lanes;

(v) pass parked or stationary vehicles and obstacles;

(vi) approach and cross junctions;

(vii) turn right and left at junctions or to leave the carriageway;

(viii) take the necessary precautions when alighting from the vehicle;

and, if the opportunity is given--

(ix) pass oncoming vehicles, including in confined spaces, and overtake other traffic.

4. In addition to the foregoing requirements, the manoeuvres outlined below must be performed in respect of the following vehicle categories:--

(i) Category A1 and A

Drivers must know how to:

(a) adjust their crash helmet;

(b) remove the vehicle from its stand;

(c) park the motorcycle on its stand;

(d) perform a U-turn;

(e) keep the vehicle balanced at various speeds, including slow speeds, and in different driving situations;

(f) lean over to turn.

(ii) Category C1, C, D1, D, EC1, EC, ED1 and ED

Drivers must be capable of:--

(a) checking the power-assisted braking and steering systems;

(b) using the various braking systems, where fitted (except for category C1 and D1);

(c) using speed reduction systems other than the brakes, where fitted (except for category C1 and D1);

(d) adjusting course when turning to allow for the length of vehicle and its overhangs (except for category C1 and D1); and

(e) taking special vehicle safety measures (category D1, D and ED1).

(iii) Category EB, EC1, EC, ED1 and ED

(a) coupling and uncoupling a trailer or semi-trailer to/from its tractor vehicle.

SCHEDULE 5

Eyesight standards

Article 42

(a) The person shall have a binocular visual acuity (with corrective lenses where necessary) of not less than 0.5 when using both eyes together.

(b) The horizontal field of vision of the person shall not be less than 150½.

(c) A person with sight in one eye shall have a visual acuity (with corrective lenses where necessary) of not less than 0.6, and unrestricted field of vision in the eye concerned and the monocular vision must have existed for sufficient time to allow adaptation.

(d) When the wearing of corrective lenses is necessary for driving, this shall be recorded on the eyesight report.

SCHEDULE 6

Aspects and standards of physical and mental fitness

Article 36 and

42

Part 1

Eyesight

1. The eyesight of an applicant for a licence to drive a vehicle of any category shall be examined with regard to the person's ability to see to the front, to either side and by means of a mirror or mirrors, to the rear of the vehicle. In doubtful cases particular attention shall be paid to visual acuity, field of vision, night vision and progressive eye diseases. When the wearing of corrective lenses is necessary for driving, this shall be recorded on the medical report.

2. In the case of an applicant for a licence to drive vehicles of category A1, A, B, EB, M or W, the eyesight of the person shall comply with the standards outlined in Schedule 5.

3. In the case of an applicant for a licence to drive vehicles of category C1, C, D1, D, EC1, EC, ED1 or ED whose first licence in any of said categories was granted before 15 November, 1999--

(a) the person shall have binocular vision with a visual acuity (with corrective lenses where necessary) of at least 0.75 in the better eye and of at least 0.5 in the worse eye; if corrective lenses are used, the uncorrected vision must be not less than 0.1 and the correction must be tolerated;

(b) fitness to drive shall not be certified if, on examination, it is found that the applicant has a restricted field of vision, diplopia or defective binocular vision.

4. In the case of an applicant for a licence to drive vehicles of category C1, C, D1, D, EC1, EC, ED1 or ED whose first licence in any of said categories was granted on or after 15 November, 1999--

(a) the person shall have binocular vision with a visual acuity (with corrective lenses where necessary) of at least 0.8 in the better eye and at least 0.5 in the worse eye. If corrective lenses are used to attain the values of 0.8 and 0.5 the unrestricted acuity in each eye must read 0.05, or else the minimum acuity (0.8 and 0.5) must be achieved either by correction by means of glasses with a power not exceeding plus or minus 8 dioptres, or with the aid of contact lenses. The correction must be well tolerated;

(b) fitness to drive shall not be certified in respect of applicants without a normal binocular field of vision or suffering from diplopia.

5. In the case of an applicant for a driving licence to drive vehicles of any category, who is aged 40 years or more and who has sub-normal vision after correction but nevertheless meets the minimum requirements set out in paragraph 2, 3 or 4 of this Part of this Schedule, as applicable, the cause of loss of vision shall be investigated before the person is certified as fit to drive. Where a disease of the eye is discovered or suspected, the report shall recommend periodic tests at appropriate intervals.

Part 2

Other Aspects of Physical and Mental Fitness

Preamble

Driving is more comfortable and safe if all medical conditions are under optimal control. Specialist opinion may be helpful in cases of doubt, not only to help decision-making when driving may no longer be safe but also to ensure a maximisation of health status and the provision of relevant compensatory measures i.e. spectacles, car choice, vehicle adaptations, physiotherapy.

1. General

(1) In the case of an applicant for a licence to drive a vehicle of any category, the medical examination shall take account of the following aspects of the applicant's physical and mental condition:

ear conditions (vertigo and labyrinthine conditions),

general physique and physical disabilities,

condition of cardiovascular system,

condition of haemopoietic system,

condition of endocrine system,

condition of respiratory system,

condition of gastro-intestinal system,

condition of genito-urinary system,

condition of nervous system,

condition of mental system.

In so far as any condition of abnormality in any one or more of these aspects would affect such person's fitness to drive safely vehicles of that category having regard to--

(a) the ability of the person concerned, both physically and mentally, to operate efficiently and safely the controls of the vehicles and to continue so to operate the controls over a reasonable period,

(b) the susceptibility of the person concerned to sudden incapacity, such as loss of consciousness, fainting or giddiness, which might affect such person's ability to operate the controls of the vehicle so as to bring the vehicle to stop safely, and

(c) the susceptibility of the person concerned to fatigue such that such person's ability to operate the controls of the vehicle might be seriously impaired.

(2) Fitness to drive shall not be certified in the case of an applicant to drive a vehicle of any category who suffers from any condition or abnormality in any one or more of the aspects of such person's physical and mental condition set out in sub-paragraph (1) of this paragraph to such extent that the driving by the applicant of vehicles of the category to which the application relates would be a danger to the applicant or other road users.

(3) Special attention shall be paid to the additional risks and dangers involved in driving vehicles of category C1, C, D1, D, EC1, EC, ED1 or ED.

2. General Physique and Physical Disabilities

(1) As a general rule, fitness to drive shall not be certified in respect of persons suffering from complaints or abnormalities of the locomotor system which make it dangerous for them to drive a power-driven vehicle.

(2) In the case of an applicant for a licence to drive vehicles of category A1, A, B, EB, M or W, fitness to drive may be certified in respect of physically handicapped persons subject to periodic medical review. Where a person is suffering from a progressive complaint, fitness to drive may be certified on condition that the disabled person is regularly examined to check that the person concerned is still capable of driving the vehicle efficiently and safely.

(3) In the case of an applicant for a licence to drive vehicles of category C1, C, D1, D, EC1, EC, ED, ED1 or ED, the medical examination shall cover the full range of body movements -- strength, control and co-ordination -- and in particular, movements of the upper and lower limbs. Fitness to drive shall not be certified if the applicant has any disablement which is likely to prevent the proper and safe control of such vehicles.

3. Hearing

In the case of an applicant for a licence to drive a vehicle of category C1, C, D1, D, EC1, EC, ED1 or ED, fitness to drive shall not be certified if the applicant's hearing is so deficient that it interferes with the proper discharge of his or her duties as a driver.

4. Cardiovascular Diseases

(1) Any disease capable of exposing an applicant for a first licence or a driver applying for a renewal of a licence to a sudden failure of the cardiovascular system such that there is a sudden impairment of the cerebral functions constitutes a danger to road safety.

(2) In the case of an applicant for a licence to drive vehicles of category A1, A, B, EB, M or W, the following should be noted--

(a) fitness to drive shall not be certified if the applicant suffers from serious arrhythmia resulting in loss of consciousness.

In this connection, persons with ventricular tachyarrhythmias treated by an implantable cardio-verter-defibrillator (ICD) have an ongoing risk of sudden incapacitation that might cause harm to others while driving. Such persons with New York Heart Functional Class III shall not be certified as being fit to drive. However, fitness to drive may be certified in respect of such patients with New York Heart Functional Class I or II subject to -- (i) certification by a consultant cardiologist, and (ii) regular medical review

(b) fitness to drive may be certified in respect of persons wearing a pacemaker subject to regular medical review;

(c) the question whether to certify a person suffering from abnormal arterial blood pressure as being fit to drive shall be assessed with reference to the other results of the medical examination, any associated complications and the danger they might constitute to road safety; and

(d) generally speaking, fitness to drive shall not be certified in respect of persons suffering from angina during rest or emotion. Persons who have suffered myocardial infarction may be certified as being fit to drive subject to regular medical review.

(3) In the case of an applicant for a licence to drive vehicles of category C1, C, D1, D, EC1, EC, ED1 or ED who suffers from cardiovascular diseases, the medical examination shall take due account of the additional risks and dangers involved in the driving of such vehicles.

5. Endocrine Disorders

(1) In the case of an applicant for a licence to drive vehicles of category A1, A, B, EB, M or W who suffers from diabetes, fitness to drive may be certified for a limited period only so as to ensure that the applicant remains under medical supervision.

(2) In the case of an applicant for a licence to drive vehicles of category C1, C, D1, D, EC1, EC, ED1 or ED who suffers from diabetes, fitness to drive may be certified for a limited period only so as to ensure that the applicant remains under medical supervision. However, persons who suffer from diabetes which requires insulin treatment may only in very exceptional cases be certified as being fit to drive vehicles of any of the categories mentioned above. This latter shall be subject to -- (i) certification by a consultant specialist in endocrinology with a special interest in diabetes, and (ii) annual medical review.

(3) In the case of an applicant for a licence to drive vehicles of any category, fitness to drive shall not be certified where the applicant suffers from a severe endocrine disorder, other than diabetes, to such extent that the driving by the applicant of the vehicles to which the application relates would be a danger to the applicant or other road users.

6. Diseases of the Nervous System

(1) In the case of an applicant for a licence to drive a vehicle of any category who suffers from--

(a) encephalitis, multiple sclerosis, myasthenia gravis or hereditary diseases of the nervous system associated with progressive muscular atrophy and congenital myotonic disorders,

(b) diseases of the peripheral nervous system, or

(c) trauma of the central or peripheral nervous system,

fitness to drive shall be certified for a limited period only so as to ensure that the applicant remains under medical supervision.

Neurological disturbances associated with diseases or surgical intervention affecting the central or peripheral nervous system, which lead to sensory or motor deficiencies and affect balance and co-ordination, must be taken into account in relation to their functional effects and the risks of progression. In such cases and in the event of risk of deterioration, fitness to drive shall be for a limited period only.

(2) In the case of an applicant for a licence to drive a vehicle of any category who suffers, or has suffered in the past, from epilepsy, fitness to drive--

(a) may be certified for a limited period in relation to vehicles of category A1, A, B, EB, M or W where the applicant has not suffered any epileptic attack during the twelve month period preceding the date of medical examination,

(b) shall not be certified in relation to vehicles of category C1, C, D1, D, EC1, EC, ED1 or ED.

(3) In the case of an applicant for a licence to drive vehicles of Category A1, A, B, EB, M or W who suffers from a cerebrovascular disease, fitness to drive may be certified--

(a) provided that, where necessary, the controls of the vehicle to be driven are suitably rearranged or modified or a suitable special type of vehicle is used, and

(b) for a limited period only so as to ensure that the applicant remains under medical supervision.

(4) In the case of an applicant for a licence to drive vehicles of category A1, A, B, EB, M or W who has suffered a lesion with damage to the spinal cord and resultant paraplegia, fitness to drive may be certified subject to the vehicle to be driven being fitted with special controls.

(5) In the case of an applicant for a licence to drive vehicles of category C1, C, D1, D, EC1, EC, ED1 or ED, fitness to drive shall not be certified where the applicant suffers, or has at any time suffered, from a cerebrovascular disease or a lesion with damage to the spinal cord and resultant paraplegia.

7. Mental Disorders

(1) In the case of an applicant for a licence to drive vehicles of category A1, A, B, EB, M or W, the medical examination shall take due account of:--

(a) severe mental disturbance, whether congenital or due to disease, trauma or neurosurgical operation on the central nervous system;

(b) severe mental retardation;

(c) psychosis, which in particular has caused general paralysis; or

(d) severe behavioural problems due to dementia; psychoneurosis; or personality defects or disorders leading to seriously impaired judgement, behaviour or adaptability.

If necessary, certification shall be for a limited period only.

(2) In the case of an applicant for a licence to drive vehicles of category C1, C, D1, D, EC1, EC, ED1 or ED who suffers from any of the disorders outlined in (1) above, the medical examination shall take due account of the additional risks and dangers involved in the driving of such vehicles.

8. Alcohol

In the case of an applicant for a licence to drive vehicles of any category who suffers from or has suffered in the past from alcoholism, fitness to drive may be certified for a limited period only, so as to ensure that the applicant remains under medical supervision.

9. Drugs (prescription and illicit) and Medications

(1) Abuse:

In the case of an applicant for a licence to drive vehicles of any category, fitness to drive shall not be certified if the person concerned is dependent on psychotropic substances or, if the person is not dependent on such substances, regularly abuses them.

(2) Regular Use:

(a) In the case of an applicant for a licence to drive vehicles of category A1, A, B, EB, M or W, fitness to drive shall not be certified if the person concerned regularly uses psychotropic substances, in whatever form, which can hamper the ability to drive safely where the quantities absorbed are such as to have an adverse effect on driving. This shall apply to all other medications or combinations of medications which affect the ability to drive.

(b) In the case of an applicant for a licence to drive vehicles of category C1, C, D1, D, EC1, EC, ED1 or ED who regularly uses psychotropic substances or medications, the medical examination shall take due account of the additional risks and dangers involved in the driving of such vehicles.

10. Diseases of the Blood

In the case of an applicant for a licence to drive a vehicle of any category, special attention shall be paid to serious diseases of the blood.

11. Renal Disorders

In the case of an applicant for a licence to drive vehicles of any category, fitness to drive shall not be certified where the applicant suffers from severe renal deficiency to such extent that the driving by the applicant of vehicles of the category to which the application relates would be a danger to the applicant or to other road users.

12. Miscellaneous provisions

(1) In the case of an applicant for a licence to drive vehicles of category A1, A, B, EB, M or W who has had an organ transplant or an artificial implant which affects the ability to drive, fitness to drive may be certified subject to periodic medical review. Fitness to drive may also be certified in respect of such persons to drive vehicles of category C1, C, D1, D, EC1, EC, ED1 or ED but due account should be taken of the additional risks and dangers involved in the driving of such vehicles.

(2) As a general rule, where an applicant for a licence to drive a vehicle of any category suffers from any disorder not mentioned in sub-paragraph (1) above which gives rise to, or is likely to result in, a functional incapacity affecting safety at the wheel, the medical examination shall take due account of the risks and dangers involved in the driving of the vehicles in question and certification of fitness in such instances shall be subject to periodic medical review.

SCHEDULE 7

Minimum vehicle requirements for the purposes of the practical driving test.

Article 29

SCHEDULE 8

Regulations Revoked

Article 57

Road Traffic (Licensing of Drivers) Regulations, 1989 ( S.I. No. 285 of 1989 );

Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1989 ( S.I. No. 353 of 1989 );

Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1991 ( S.I. No. 320 of 1991 );

Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1993 ( S.I. No. 5 of 1993 );

Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1994 ( S.I. No. 56 of 1994 );

Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1995 ( S.I. No. 217 of 1995 );

Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1996 ( S.I. No. 328 of 1996 );

Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1997 ( S.I. No. 511 of 1997 ).

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations revoke and consolidate with amendments all Regulations made to date under Part III of the Road Traffic Act, 1961 in relation to the licensing of drivers (other than Regulations incorporated in the Mechanically Propelled Vehicles (International Circulation) Order, 1992).

The main amendments incorporated in these Regulations provide for:--

(a) some changes to the categorisation of vehicles for driver licensing purposes to comply with Council Directive 91/439/EEC on driving licences,

(b) the introduction of a requirement on higher category drivers (Category C1 upwards) to undergo periodic medical assessment for licence renewal purposes in line with the provisions of Council Directive 91/439/EEC on driving licences,

(c) the revision in certain respects of the physical and mental fitness criteria for driver licensing purposes,

(d) the introduction of a harmonised numerical coding system for the purposes of indicating on licences specific additional information/restrictions in relation to licence holders as provided for in Council Directive 97/26/EEC,

(e) the setting out in greater detail of the driving operations to be carried out during the practical driving test with effect from 3 April 2000,

(f) the introduction of a 25 kW engine size restriction in relation to category A (motorcycle) licence holders as provided for in Council Directive 91/439/EEC on driving licences,

(g) the recognition in Ireland of driving licences issued by any other member state of the European Union or of the European Economic Area for as long as such licences remain valid.