STATUTORY INSTRUMENTS.

S.I. No. 169    of 2001

ROAD TRAFFIC (LICENSING OF DRIVERS) (AMENDMENT) REGULATIONS, 2001.

S.I. No. 169    of 2001

ROAD TRAFFIC (LICENSING OF DRIVERS) (AMENDMENT) REGULATIONS, 2001.

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:-

1. These Regulations may be cited as the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 2001.

2.   These Regulations, the Road Traffic (Licensing of Drivers) Regulations, 1999, and the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1999 shall be construed together and may be cited collectively as the Road Traffic (Licensing of Drivers) Regulations, 2001.

3.   These Regulations shall come into operation on 25 April, 2001.

4.   In these Regulations, theory test certificate means a certificate issued under the European Communities (Licensing of Drivers) (Amendment) Regulations, 2001.

5.   The Road Traffic (Licensing of Drivers) Regulations, 1999 ( S.I. No 352 of 1999 ) are hereby amended by-

(a)  the insertion of the following paragraph after paragraph (h) in sub-article (3) of article 15:-

“(i)  by a valid theory test certificate for the vehicle category or categories concerned where the applicant was granted a first provisional licence in the relevant licence category or categories on foot of an application submitted on or after the date on which these Regulations come into operation, unless the person has already submitted to the licensing authority, a valid theory test certificate in respect of the category or categories concerned,

(b)  the substitution of the following sub-articles for sub-articles 20 (2) and 20 (3):-

“(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, or

(c)    in the case of an application for a first provisional licence submitted to a licensing authority in the period 25 April 2001 to 10 June 2001 for a period of 90 days beginning on the day on which the licence is granted, and following the submission to a licensing authority of a theory test certificate, for a further period representing the balance of a period of two years or one year as provided for in sub-article (3) of this article.

(3)  Notwithstanding sub-article (2) (a) and (b) 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.”

(c)  the insertion of the following paragraph after paragraph (h) in sub-article (3) of article 23:-

“(i) by a valid theory test certificate where on or after the 11 June 2001 the application is for a first provisional licence in any licence category, and the applicant has not submitted to the licensing authority a valid theory test certificate for the licence category.”

EXPLANATORY NOTE

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

These Regulations amend the Road Traffic (Licensing of Drivers) Regulations, 1999 ( S.I. No. 352 of 1999 ) to provide that --

•    all applications for first provisional licences made on or after the 11 June 2001 must be accompanied by a theory test certificate,

•    in the case of an application for a first provisional licence made in the period 25 April 2001 to 10 June 2001, for the granting of a first provisional licence for a period of 90 days and, following submission of a theory test certificate, for the balance of the normal period in respect of which such a provisional licence would be granted, without further charge.

•    where a first provisional licence is granted on foot of an application made on or after 25 April 2001, that an application for a driving licence must be accompanied by a theory test certificate where such certificate has not already been submitted to a licensing authority.