STATUTORY INSTRUMENTS.

S.I. No. 368 of 2000.

ROAD TRAFFIC (NATIONAL CAR TEST) REGULATIONS, 2000.

S.I. No. 368 of 2000.

ROAD TRAFFIC (NATIONAL CAR TEST) REGULATIONS, 2000.

In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 5, 11, 18 and 123 of the Road Traffic Act, 1961 , ( No. 24 of 1961 ) which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997 ( S.I. No. 427 of 1997 ) and for the purposes of giving effect to the provisions of Council Directive 96/96/EC¹ , I, Robert Molloy, Minister of State at the Department of the Environment and Local Government hereby make the following Regulations:

1. (1) These Regulations may be cited as the Road Traffic (National Car Test) Regulations, 2000.

(2) These Regulations and the Principal Regulations shall be construed together as one and may be cited as the Road Traffic (National Car Test) Regulations, 1999 to 2000;

2. In these Regulations:--

“certificate of suitability” means a certificate issued in accordance with Article 5;

“the Principal Regulations” means the Road Traffic (National Car Test) Regulations, 1999 (S.I. 395 of 1999);

“small public service vehicle” means a hackney, limousine, taxi or wheelchair accessible taxi as defined in the Road Traffic (Public Service Vehicles) Regulations, 1963 to 2000;

“small public service vehicle licence” means a hackney licence, a limousine licence, a taxi licence or a wheelchair accessible taxi licence as defined in the Road Traffic (Public Service Vehicles) Regulations, 1963 to 2000;

3. (1) The interpretation of “test due date” in sub-article (1) of article 2 of the principal regulations is hereby replaced with--

“‘test due date’ means the date specified in sub-article (2) of article 4 in respect of a vehicle which is not a small public service vehicle and the date specified in sub-article (4) of the said article in respect of a small public service vehicle;”

(2) Sub-article (2) of article 3 of the Principal Regulations is hereby replaced by--

“(2) Sub-article (1) shall not apply to a vehicle--

(a) which is an historic vehicle,

(b) which is solely used on an off-shore island,

(c) which is being driven to a test centre, for the purposes of having a test, or a re-test, carried out, for which an appointment had been made prior to the time of such driving,

(d) on the day on which a test certificate in respect of the said vehicle had been refused,

(e) while it is in official use by a member of the Gardai or the Defence Forces.”

Article 4 of the Principal Regulations is hereby replaced with--

“4. (1) Subject to sub-article (2) of article 3 and sub-article (3), section 18 of the Principal Act and these Regulations shall apply to a vehicle other than a small public service vehicle, that was first registered--

(i) before 1 January, 1992, from the anniversary of first registration which occurs in the year 2000;

(ii) between 1 January, 1992 and 31 December 1996, inclusive of both dates, from the anniversary of first registration which occurs in the year 2001;

(iii) on or after 1 January, 1997, from the anniversary of first registration which occurs in the year 2002, or, from the fourth anniversary of first registration, whichever is the later day;

(iv) in the case of a vehicle for which a certificate of roadworthiness in accordance with the European Communities (Vehicle Testing) Regulations 1991 to 1999 was issued on or before 3 January 2000, from the date on which such certificate ceases to be current.

(2) In respect of a vehicle, other than a small public service vehicle, the dates provided for in sub-article (1) together with each subsequent biennial of first registration, shall be termed the test due date in respect of that vehicle.

(3) Section 18 of the Principal Act and these Regulations shall apply to--

(a) a vehicle which is the subject of an application for a small public service vehicle licence under the Road Traffic (Public Service Vehicles) Regulations 1963 to 2000 at the time of such application, and

(b) a vehicle, which is a small public service vehicle, from each date on which the small public vehicle licence in respect of the said vehicle falls due for renewal.

(4) In respect of a small public service vehicle, the dates provided for in paragraph (b) of sub-article (3) shall be termed the test due date in respect of that vehicle.”

5. (1) The testing authority may issue a certificate of suitability in respect of a vehicle for use as either a hackney, a limousine, a taxi or a wheelchair accessible taxi, when, upon inspection, it is satisfied that the said vehicle complies with the requirements in the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2000 and the requirements of the Road Traffic (Public Service Vehicles) Regulations 1963 to 2000, in so far as they apply to vehicles for such use.

(2) A certificate of suitability shall--

(a) specify whether the vehicle in respect of which it has been issued is suitable for use as a hackney, limousine, taxi or wheelchair accessible taxi, and

(b) be in the form set out in the Schedule and shall be on paper bearing the logo and watermark of the testing authority.

(3) A certificate of suitability shall be signed by an employee or a grade of employee of the testing authority who, with the agreement of the Minister, is authorised by the General Manager of the said authority to so sign.

SCHEDULE

Form of certificate of suitability

NCTS logo

Certificate of Suitability for use as a small public service vehicle

It is hereby certified that the vehicle described in Part 2 of this certificate was inspected on _________________ (insert date) in accordance with article 5 of the Road Traffic (National Car Test) Regulations, 2000 and that as a result the testing authority is satisfied that the vehicle conforms with the requirements particular to the use of a vehicle as a hackney/limousine/ taxi/wheelchair accessible taxi (delete as necessary) that are set out in the Road Traffic (Construction, Equipment and Use) Regulations 1963 to 2000 and the Road Traffic (Public Service Vehicles) Regulations 1963 to 2000, and is suitable for such use.

Signed ...........................................

(Authorised signature)

Date of issue of certificate .....................

Part 2; Particulars of vehicle

Registration Number: ________________________________________________________

Chassis Number: ____________________________________________________________

Make: ____________________________________________________________________

Model: ____________________________________________________________________

Colour: ____________________________________________________________________

Maximum no. of passengers ___________________________________

EXPLANATORY NOTE.

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

These Regulations require small public service vehicles to undergo an annual roadworthiness test to be carried out by the National Car Testing Service. They also provide that the National Car Testing Service may issue a certificate of suitability for the use of a vehicle as a small public service vehicle.

¹ O.J. No. L 46/11 of 17.02.97