S.I. No. 590 of 2008

ROAD TRAFFIC (NATIONAL CAR TEST) (AMENDMENT) (NO. 2) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th January, 2009.

I, NOEL AHERN, Minister of State at the Department of Transport, inexercise of the powers conferred on me by section 18 of the Road Traffic Act 1961 (No. 24 of 1961), the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )) and the Transport (Delegation of Ministerial Functions) (Road Traffic) Order 2008 ( S.I. No. 320 of 2008 ), hereby make the following regulations:

1. (1) These Regulations may be cited as the Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2008.

(2) These Regulations come into operation on 1 February 2009.

2. The Road Traffic (National Car Test) Regulations 2003 ( S.I. No. 405 of 2003 ) are amended by the substitution of Regulation 9 with the following:

“9. (1) Subject to paragraphs (2) and (3), the fee to be paid for a test certificate shall be-

(a) €41.15, in the case of a test certificate issued following a test of a vehicle, and

(b) €23.045, in the case of a test certificate issued following a re-test of a vehicle.

(2) A test certificate issued following re-test of a vehicle that does not require the use of test equipment shall not be subject to a fee.

(3) Subject to paragraph (6), in any case where an appointment for a test or re-test has been confirmed to the issuing authority and the vehicle is not presented for the test or re-test at the appointed time and place, the issuing authority may require payment of a fee of-

(a) €59.26, for a test certificate subsequently issued following a test of the vehicle, and

(b) €32.51, for a test certificate subsequently issued following are-test of the vehicle.

(4) The fee for a certificate of suitability shall be €74.90.

(5) Subject to paragraph (6), in any case where an appointment for an inspection in connection with a certificate of suitability for a vehicle has been confirmed to the issuing authority and the vehicle is not presented for the inspection at the appointed time and place, the issuing authority may require payment of a fee of €106.585 in respect of a subsequently issued certificate of suitability for the vehicle.

(6) Paragraphs (3) and (5) do not apply in any case where the owner or the owner’s agent gives notice at least 5 working days before the day of the appointment in person, in writing, by telephone by facsimile or by e-mail to the issuing authority, of intention not to present the vehicle for a test, are-test, or an inspection in connection with a certificate of suitability, as the case may be, at the appointed time and place.

(7) The fees prescribed in this Regulation are exclusive of value added tax.”.

3. The Road Traffic (National Car Test) (Amendment) Regulations 2005 (S.I. No. 62 of 2005) are revoked.

GIVEN under my hand,

23 December 2008

NOEL AHERN,

Minister of State at the Department of Transport.

EXPLANATORY NOTE

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

These Regulations provide for an increase in the scale of NCT fees.