STATUTORY INSTRUMENTS.

S.I. No. 168 of 2001

EUROPEAN COMMUNITIES (LICENSING OF DRIVERS) REGULATIONS, 2001.

S.I. No.  168      of 2001

EUROPEAN COMMUNITIES (LICENSING OF DRIVERS) REGULATIONS, 2001.

In exercise of the powers conferred on the Minister for the Environment and Local Government by section 3 of the European Communities Act, 1972 ( No 27 of 1972 ) which powers are delegated to me by the Environment and Local Government (delegation of Ministerial Functions) Order, 1997, and for the purpose of giving effect to Council Directive No. 91/439/EEC, I, Robert Molloy, Minister of State at the Department of the Environment and Local Government hereby make the following Regulations:-

Citation.

1.    These Regulations may be cited as the European Communities (Licensing of Drivers) Regulations, 2001.

Commencement.

2.    These Regulations shall come into operation on 25 April 2001.

Interpretation.

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

“1999 Regulations” means the Road Traffic (Licensing of Drivers) Regulations, 1999 ( S.I. No 352 of 1999 )

“category” means any one of the categories of vehicles specified in article 5 of the 1999 Regulations and, save where the context otherwise requires, includes a sub-category of any such category;

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

“theory test” means a test of driving knowledge consisting of 40 questions drawn from a question bank which the Minister may set from time to time;

“theory test certificate” means a certificate issued by the Driver Theory Testing Service;

Categories of Theory Test.

4. The theory test, to be carried out in accordance with these Regulations, shall be divided into the categories set out in column 1 of the following Table and a theory test certificate to be furnished to a licensing authority in respect of an application for a provisional licence or driving licence category in column 2 shall be that set out in column 1 of the said Table opposite the mention in column 2 of that licence category.

TABLE

Driver Theory Testing Service.

5. (1) The theory test shall be conducted by an authority to be known as the Driver Theory Testing Service.

(2) The Minister may by contract designate a limited company to be the authority for conducting theoretical tests in accordance with these Regulations.

Grant of Theory Test Certificate

6. (1) On the application of a person to the Driver Theory Testing Service for a theory test certificate and on payment of the appropriate fee, the Driver Theory Testing Service shall arrange for that person to undergo a theory test.

(2) On completion of the theory test the Driver Theory Testing Service shall either-

(a)  refuse the application, or

(b)  subject to being satisfied that the applicant, having undergone a theory test, has demonstrated a satisfactory knowledge of the question bank in relation to a relevant test category, issue a theory test certificate in respect of that category.

(3) Satisfactory knowledge of the question bank in relation to a relevant test category shall be deemed to have been demonstrated where the person who undergoes a theory test answers 35 questions correctly.

Form and period of validity of theory test certificate.

7. (1) A theory test certificate shall be in the scheduled form set out in the Schedule.

(2) A theory test certificate shall cease to be valid two years after the date of issue.

Fee for Theory Test.

8. The fee to be paid to the Driver Theory Testing Service on application for a theory test certificate shall be £25.20 prior to 1 January 2002 and €32 thereafter, inclusive of Value Added Tax.

Duplicate theory test certificate.

9. Where a person to whom a theory test certificate was issued satisfies the Driver Theory Testing Service that such certificate was lost or destroyed and that he or she has adequate reasons for requiring a duplicate of such certificate the Driver Theory Testing Service may, on payment of a fee of £6.30 prior to 1 January 2002 and €8 thereafter, inclusive of Value Added Tax., issue such duplicate.

SCHEDULE 1

Article 6

Scheduled Form

Theory Test Certificate

THEORY TEST CERTIFICATE

EXPLANATORY NOTE

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

These Regulations provide for the introduction of a driver theory test in accordance with the requirements Council Directive 91//439/EEC on driving licences.