STATUTORY INSTRUMENTS.

S.I. No. 52 of 2003

REGULATIONS

entitled

European Communities (Driving Theoretical Tests) Regulations 2003

I, Séamus Brennan, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 ( No. 27 of 1972 ) for the purpose of giving effect to Article 7(1) of Council Directive No. 91/439/EEC of 29 July 1991¹ , as amended by Council Directive No. 2000/56 of 14 September 2000² , hereby make the following regulations:

Citation

1.         (1)       These Regulations may be cited as European Communities (Driving Theoretical Tests) Regulations 2003.

(2)       These Regulations come into operation on 24 February 2003.

Interpretation

2.         (1)       In these Regulations --

“category” means a category of vehicle set out in the Table to article 5 of the Regulations of 1999 and includes a sub-category of a category;

“certificate” means a theory test certificate;

“Council Directive” means Council Directive No. 91/439/EEC of 29 July 1991¹ , as amended by Council Directive No. 2000/56 of 14 September 2002² ;

“licence” means a driving licence or a provisional licence granted under Part III No. 24 of 1961 );

“Minister” means Minister for Transport;

“question bank” shall be construed in accordance with Regulation 4(1);

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

“Regulations of 2001” means the European Communities (Licensing of Drivers) Regulations 2001 ( S.I. No. 168 of 2001 );

“Service” means Driver Theory Testing Service;

“theoretical test” means a theoretical test of driving knowledge for the purposes of Annex II.II to the Council Directive;

“theory test certificate” means a certificate issued by the Service under Regulation 6(1) in the form set out in the Schedule or in a form substantially to the like effect.

(2)       A word or expression that is used in the Council Directive and is also used in these Regulations has, unless the contrary intention appears, in these Regulations the meaning that it has in the Council Directive.

(3)       In these Regulations --

(a)      a reference to a Regulation or Schedule is to a Regulation of, or Schedule to, these Regulations, unless it is indicated that reference to some other Regulation is intended, and

(b)       a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

Driver Theory Testing Service

3.         (1)       Theoretical tests shall be conducted by a person, designated by the Minister, to be known as the Driver Theory Testing Service, and in these Regulations referred to as the Service.

(2)       The Minister may revoke a designation under this Regulation where he or she considers the person designated is not conducting the test adequately in accordance with Annex II.II to the Council Directive or is not complying with any contract entered into between the person and the Minister in respect of conducting theoretical tests.

Theoretical test

4.         (1)       A theoretical test shall consist of 40 questions, or such number of questions as may be determined by the Minister, chosen by the Service from a data bank of questions (“question bank”) prepared by the Minister, or such other person as he or she designates, and published by the Service, to ensure that an applicant for a certificate possesses the necessary knowledge of the question bank in respect of the category of test to which the application relates.

(2)       The question bank may be kept and maintained by the Service in electronic form.

(3)       The theoretical test shall be in accordance with Annex II.II of the Council Directive.

(4)       The theoretical test shall be divided into 3 tests as follows:

(a)      a test, in relation to vehicles of categories A, B, M and W,

(b)      a test, in relation to vehicles of category C,

(c)      a test, in relation to vehicles of category D.

(5)       Where a certificate is required under the Regulations of 1999 to 2002 to accompany an application for a licence, a theoretical test conducted in relation to --

(a)      categories A, B, M and W, is in respect of an application for a licence for any of the categories A, A1, B, EB, M and W,

(b)      category C, is in respect of an application for a licence for any of the categories C, C1, EC and EC1, and

(c)      category D, is in respect of an application for a licence for any of the categories D, D1, ED and ED1.

Theory Test Certificate

5.         (1)       Subject to paragraph (2), the Service shall, on the application by a person to it for a certificate, arrange for the person to submit to a theoretical test for a certificate in respect of the category applied for.

(2)       The Service may only arrange for an applicant for a certificate to submit to a theoretical test in respect of a vehicle of category C or D, where the applicant holds, at the time of the application and taking the test, a driving licence under Part III of the Road Traffic Act 1961 , which is for the time being in force, in respect of a vehicle of category B.

(3)       An application for a certificate shall be in such form as the Service decides.

(4)       An application for a certificate shall be accompanied by a fee of €34.

(5)       A person who does not submit to a theoretical test for a certificate arranged pursuant to an application made by him or her under paragraph (1) shall not, subject to paragraph (6), be given a further test unless he or she makes a fresh application for a certificate.

(6)       Where a person does not submit to a theoretical test arranged pursuant to an application made by such person under paragraph (1), the Service may, on its own initiative, provided it is satisfied that the person had adequate reason for not attending the test appointment as arranged, arrange a further test pursuant to the application.

(7)       The Service shall not refund to any person the fee paid for an application for a certificate unless it is satisfied that the person had adequate reason for not submitting to a theoretical test.

6.         (1)       On completion, by an applicant, of a theoretical test arranged by the Service in respect of an application for a certificate under Regulation 5(1), the Service shall if it is satisfied that the applicant has demonstrated, by answering correctly 35 questions, or such number of questions as may be determined from time to time by the Minister in respect of the test category, taken from the question bank, that he or she possesses the necessary knowledge of the question bank in respect of the category to which the test relates, issue a certificate to the applicant in respect of the category.

(2)       A certificate shall be valid for the period of 2 years from the date it is issued by the Service.

7.         (1)       Article 3(1) of the Regulations of 1999 is amended by inserting after the definition of “test” the following definition:

“‘theory test certificate’ means a theory test certificate issued by Driver Theory Testing Service under the European Communities (Driving Theoretical Tests) Regulations 2003 ( S.I. No. 52 of 2003 ) or the European Communities (Licensing of Drivers) Regulations 2001 ( S.I. No. 168 of 2001 );”.

(2)       Article 15(3) of the Regulations of 1999 is amended --

(a)      by deleting paragraph (i) (inserted by the Regulations of 2001), and

(b)      by inserting after paragraph (f) the following:

“(ff)    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 24 April 2001, by a theory test certificate, for the time being in force, in respect of a category to which the licence application relates, unless the applicant has already submitted to the licensing authority such a theory test certificate,”.

(3)       Article 23(3) of the Regulations of 1999 is amended --

(a)      by deleting paragraph (i) (inserted by the Regulations of 2001), and

(b)      by inserting after paragraph (d) the following:

(dd)    where the applicant, is not the holder of a provisional licence, a theory test certificate, for the time being in force, in respect of a category to which the application relates,”.

(4)       In this Regulation “Regulations of 2001” means Road Traffic (Licensing of Drivers) (Amendment) 2001 ( S.I. No. 169 of 2001 ).

Duplicate Certificate

8.         (1)       Where the holder of a certificate satisfies the Service that the certificate has been lost or destroyed or he or she has adequate reasons for requiring a duplicate of the certificate, the Service may, on payment of a fee of €10, issue such duplicate.

(2)       A duplicate test certificate issued under this Regulation shall be of the same effect as the original certificate.

Transitional and Saver

9.         (1)       Applications for theory tests under the Regulations of 2001 which have not been arranged or tests under the Regulations of 2001 which have not been conducted before the commencement of these Regulations shall be deemed to be applications for theoretical tests arranged or conducted under these Regulations.

(2)       The person designated as the Service under the Regulations of 2001 is deemed to have been designated under Regulation 3(1).

(3)       In this Regulation “Regulations of 2001” means European Communities (Licensing of Drivers) Regulations 2001 ( S.I. No. 168 of 2001 ).

Revocation

10.       The European Communities (Licensing of Drivers) Regulations 2001 ( S.I. No. 168 of 2001 ) are revoked.

SCHEDULE

Theory Test Certificate

DEIMHNIÚ TÁSTÁLA TEOIRICE 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 operation of a driver theory test in accordance with the requirements Council Directive 91//439/EEC on driving licences.

¹ OJ No. L237, 24.8.91, p.1.

² OJ No. L237, 21.9.00, p.45.

¹ OJ No. L237, 24.8.91, p.1.

² OJ No. L237, 21.9.00, p.45.