S.I. No. 150 of 2008

ROAD VEHICLES (REGISTRATION AND LICENSING) (AMENDMENT) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd May, 2008.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by section 12 of the Roads Act 1920 (as amended by section 2 of the Local Government (Roads Functions) Act 2007 (No. 38 of 2007)) and the Roads and Road Vehicles (Transfer of Departmental Administration and Ministerial Functions) Order 2007 ( S.I. No. 815 of 2007 ), hereby make the following regulations:

1. (1) These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2008.

(2) These Regulations and the Road Vehicles (Registration and Licensing) Regulations 1992 to 2004 shall be construed as one and may be cited together as the Road Vehicles (Registration and Licensing) Regulations 1992 to 2008.

2. Article 10 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 ( S.I. No. 385 of 1992 ) is amended by substituting the following for sub-articles (8) and (9):

“(8) (a) Where-

(i) the vehicle being sold was first licensed in the State on or after 1 January 1993, and

(ii) the new owner of the motor vehicle is not a motor dealer,

the former owner transferring the vehicle and the new owner shall complete and sign the appropriate part or parts of the relevant certificate.

(b) The former owner transferring the vehicle shall deliver the relevant certificate completed and signed by both parties to the Minister.

(c) On receipt of the relevant certificate, the Minister shall-

(i) note the change of ownership in the joint licensing records, and

(ii) issue the registration certificate to the new owner.

(9) (a) Where-

(i) the vehicle being sold was registered in the State on or after 1 January 1993, and

(ii) the new owner is a motor dealer,

the new owner shall complete and sign Parts B and C (as applicable) of Form R.F. 105 referred to in the Second Schedule, and the former owner transferring the vehicle shall-

(I) complete and sign Parts A and C (as applicable) of that Form,

(II) deliver that Form completed by both parties to the Minister, and

(III) where the vehicle is licensed, deliver the relevant certificate to the new owner.

(b) On receipt of the completed and signed Form R.F. 105, the Minister shall note the change of ownership in the joint licensing records.

(9A) Notwithstanding sub-articles (8) and (9), where either the former owner transferring the vehicle or the new owner (but not both) is a motor dealer, the Minister may consent to the motor dealer giving the information and signature required in an electronic form provided that-

(a) the motor dealer has been approved by the Minister for these purposes,

(b) the requirements of the Electronic Commerce Act 2000 (No. 27 of 2000) and these Regulations are otherwise complied with, and

(c) the motor dealer keeps for inspection by the Minister the completed relevant certificate or Form R.F. 105 signed by both parties for a period of 3 years.

(9B) Notwithstanding sub-articles (8) and (9), where both the former owner transferring vehicle and the new owner are motor dealers, the Minister may consent to the former owner giving the information and signature required in an electronic form provided that-

(a) the former owner has been approved by the Minister for these purposes,

(b) the requirements of the Electronic Commerce Act 2000 and these Regulations are otherwise complied with, and

(c) the former owner keeps for inspection by the Minister the completed relevant certificate or Form R.F. 105 signed by both parties for a period of 3 years.

(9C) Where the Minister consents as provided in sub-article (9A) or (9B) the requirement in sub-article (8) or (9) to deliver the relevant certificate or Form R.F. 105, as applicable, to the Minister shall be dispensed with.”.

GIVEN under my Official Seal,

14 May 2008

NOEL DEMPSEY.

Minister for Transport.

EXPLANATORY NOTE

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

These Regulations provide amendments for the provision of an online service for motor dealers to notify vehicle ownership changes to the national vehicle file in Shannon.