Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 28th October, 2014.

I, PASCHAL DONOHOE, Minister for Transport, Tourism and Sport, 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 further effect to Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003¹ , hereby make the following regulations:

Citation

1. These Regulations may be cited as European Communities (Vehicle Drivers Certificate of Professional Competence) (Amendment) Regulations 2014.

Definitions and interpretation

2. In these Regulations:

"the Principal Regulations" means the European Communities (Vehicle Drivers Certificate of Professional Competence) (No. 2) Regulations 2008 ( S.I. No. 359 of 2008 );

"the Regulations of 2003" means the European Communities (Driving Theoretical Tests) Regulations 2003 ( S.I. No. 52 of 2003 );

"the Regulations of 2014" means the European Communities (Driving Theoretical Tests) (Amendment) Regulations 2014 ( S.I. No. 486 of 2014 ).

3. The Principal Regulations are amended-

(a) in regulation 7, by inserting after paragraph 10 the following:

"(11) An applicant who makes application for a test under the Regulations of 2014, in respect of any of the tests set out in column 1 of the following table, is exempted from having to pay the fee at subparagraph (10)(a) of these regulations if applying for a test in respect of vehicles categories set out in column 2 opposite the test in column 1.

Table

"

(b) by substituting for paragraph (5) of regulation 8, the following:

"(5) There shall be separate theoretical tests in relation to applications for vehicles of categories C and D, with an option to take a test covering both categories."

4. A certificate issued under the Regulations of 2003 in respect of a test

(a) consisting of 100 questions, in relation to vehicles of category C,

(b) consisting of 100 questions, in relation to vehicles of category D,

(c) consisting of 140 questions, in relation to vehicles of category C and D,

(d) consisting of 40 questions, in relation to vehicles of category C where the applicant has been issued with a theory test certificate in relation to category D within the previous 2 years,

(e) consisting of 40 questions in relation to vehicles of category D where the applicant has been issued with a theory test certificate in relation to category C within the previous 2 years.

shall be taken as indicating the person has successfully undertaken the theoretical test referred to in regulation 8 (5) of these Regulations in respect of vehicles of categories C, D, C and D, C, and D respectively.

GIVEN under my Official Seal,

22 October 2014.

PASCHAL DONOHOE,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

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

These regulations amend the vehicle drivers certificate of professional competence regulations to allow for the integration of the certificate of professional competence theory test and the driving theory test.

1 OJ L226, 10.9.2003, p.4