Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 18th November, 2014.

I, PASCHAL DONOHOE, Minister for Transport, Tourism and Sport 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)), section 60(2)(b) of the Finance Act 1993 (inserted by section 86 of the Finance Act 1994 (No. 13 of 1994)) and the Roads and Road Vehicles (Transfer of Departmental Administration and Ministerial Functions) Order 2007 ( S.I. No. 815 of 2007 ) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )), hereby make the following regulations:

1. (1) These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2014.

(2) These Regulations shall be included in the collective citation "The Road Vehicles (Registration and Licensing) Regulations 1992 to 2014" and construed together as one with those Regulations.

2. In these Regulations, "the Principal Regulations" means the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 ( S.I. No. 385 of 1992 ).

3. Article 2 of the Principal Regulations is amended by inserting the following definition of "VIN":

" ‘VIN’ means vehicle identification number, the fixed combination of characters assigned to a vehicle by the manufacturer marked on the manufacturer’s plate and on the chassis, frame or other similar structure.".

4. Article 10 of the Principal Regulations is amended-

(a) by substituting the following for sub-article 8(c):

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

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

(ii) issue the registration certificate to the new owner, and

(iii) retain the relevant certificate for a period of 5 years.",

(b) by substituting the following for sub-article (9)(b):

"(b) On receipt of the completed and signed Form R.F. 105, the Minister shall-

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

(ii) retain the Form R.F. 105 for a period of 5 years.",

(c) by inserting the following after sub-article (9C):

"(9D) Notwithstanding sub-articles (8) and (9), where neither-

(a) the former owner transferring vehicle,or

(b) the new owner,

is a motor dealer the Minister may consent to the information required being provided in electronic form and, where the Minister so consents, the requirements of sub-article (8) and (9) to deliver the relevant certificate to the Minister shall not apply.

(9E) On receipt of information in electronic form in accordance with sub-Article (9D) the Minister shall issue a notice in electronic form to the former owner confirming that the change of ownership has been noted in the joint licensing records.",

(d) by inserting the following after sub-article (10)(b):

"(c) The Minister may consent to the notification referred to paragraph (a) being provided in electronic form and, where the Minister so consents, the requirement in that paragraph that the notification be in writing shall not apply.".

5. The Principal Regulations are amended by inserting the following after Article 11A:

"11AA.(1) Where Article 11(b) applies to a person who acquires a vehicle and that person is unable to deliver to the Minister the relevant certificate that person shall, by statutory declaration, provide the Minister with the following information:

(a) the person’s name and address;

(b) where applicable, the number of the person’s learner permit or driving licence (within the meaning of section 35 and section 3 of the Act of 1961 respectively);

(c) where the person is a company, the company registration number assigned to the company in accordance with the Companies Acts;

(d) the identification mark of the vehicle;

(e) the make, model, type and colour of the vehicle;

(f) the VIN or equivalent unique vehicle identifier of the vehicle;

(g) the date on which the person acquired the vehicle;

(h) the reason the person is unable to deliver the relevant certificate to the Minister.

(2) A statutory declaration under paragraph (1) shall be accompanied by written evidence of the person’s address and written verification by a motor dealer that the information provided under subparagraphs (d), (e) and (f) of that paragraph is correct.

(3) Where the Minister is satisfied that the person has complied with paragraphs (1) and (2) and has acted in good faith and that good and sufficient reasons exist why he or she is unable to deliver the relevant certificate the Minister shall note the change of owner and issue an amended relevant certificate to the new owner of the vehicle.".

GIVEN under my Official Seal,

11 November 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 provide for the provision of an online service in respect non-motor dealer related vehicle ownership changes and other technical adjustments to the change of vehicle ownership notification procedures.