STATUTORY INSTRUMENTS

S.I. No. 55 of 2002

ROAD TRAFFIC (NATIONAL CAR TEST) (AMENDMENT) REGULATIONS 2002

Dublin

Published by the Government Supplies Agency

S.I. No. 55 of 2002

ROAD TRAFFIC (NATIONAL CAR TEST) (AMENDMENT) REGULATIONS 2002

In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 5, 11, 18 and 123 of 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 Commission Directive 1999/52/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) (Amendment) Regulations 2002.

(2)   These Regulations and the Principal Regulations shall be construed together as one and may be cited collectively as the Road Traffic (National Car Test) Regulations 2001 to 2002.

(3)   These Regulations shall come into operation on 1 March 2002.

2. In these Regulations “the Principal Regulations” mean the Road Traffic (National Car Test) (No 3) Regulations 2001 ( S.I. No. 550 of 2001 ).

3. The following article is hereby substituted for article 10 of the Principal Regulations:-

“10. (1)    Subject to sub-article (4), the fee for a test shall be €40.00.

(2)    Subject to sub-articles (3) and (4), the fee for a re-test shall be €22.50.

(3)    A re-test of a vehicle, which does not require the use of test equipment shall not be subject to a fee.

(4)    Subject to sub-article (7), the testing authority may require payment of a fee of €58.17 for a test or €31.67 for a re-test, of a vehicle which the owner or the owner's agent had failed to present for test, or retest as the case may be, in accordance with the confirmed appointment for the test or re-test.

(5)    The fee for a certificate of suitability shall be €74.00.

(6)    Subject to sub-article (7), the testing authority may require payment of a fee of €105.80 for a suitability test of a vehicle which the owner or the owner's agent had failed to present for test in accordance with the confirmed appointment for the suitability test.

(7)  Sub-articles (4) and (6) shall not apply in any case where the owner or the owner's agent gives at least 5 working days advance notice in person, in writing, by telephone by facsimile or by E-mail to the testing authority, of intention not to present the vehicle for a test, a re-test, or a suitability test as the case may be, at the appointed time.

(8)    The fees specified in this article shall be exclusive of Value Added Tax.”.

4. Article 11 of the Principal Regulations is hereby amended by the insertion of the following sub-article after sub-article (1) of this article:-

“(1A) Test equipment used to test the opacity of generated exhaust smoke in diesel vehicles first registered after 1 January 1980, as part of a test or re-test for the purposes of this article shall be configured and operated in accordance with the procedure specified for such test in Commission Directive 1999/52/EC¹ .".

Explanatory Note

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

These Regulations specify NCT related fees exclusive of Value Added Tax and transpose Commission Directive 1999/52/EC in relation to the procedure for carrying out smoke opacity tests on diesel cars liable to National Car Testing.

¹ O.J. No. L142/26 of 05.06.1999

¹ O.J. No. L142/26 of 05.06.1999