Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st December, 2020.

I, EAMON RYAN, Minister for Transport, in exercise of the powers conferred on me by section 18 of the Road Traffic Act 1961 (No. 24 of 1961) and section 2 of the Road Traffic Act 2006 (No. 23 of 2006) (as adapted by the Transport, Tourism and Sport (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 351 of 2020 )) for the purpose of giving further effect to Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014¹ , hereby make the following regulations:

1. These Regulations may be cited as the Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2020.

2. The Road Traffic (National Car Test) Regulations 2017 (S.I. No. 415 of 2017) are amended -

(a) in Regulation 2, in paragraph (1), by the substitution of the following definition for the definition of ‘test certificate’:

“‘test certificate’ means, in relation to a vehicle, a certificate issued under section 18, in accordance with Regulation 11, which is in the form set out in Schedule 1;”,

(b) in Regulation 11, by the substitution of “the issuing authority shall issue a certificate under section 18” for “the issuing authority shall issue a test certificate”,

(c) in Regulation 13, in paragraph (1), by the deletion of “and Regulation 18”,

(d) by the substitution of the following Regulation for Regulation 18:

“EU Roadworthiness certificates, test due dates for vehicles in respect of which roadworthiness certificate in force

18. (1) An EU roadworthiness certificate issued in respect of a vehicle that was registered in a Member State, other than the State, and which is brought into the State, other than temporarily where the vehicle is the subject of an exemption under section 135 of the Finance Act (No. 9 of 1992), in circumstances which require the vehicle to be registered in the State in accordance with section 131 of that Act, shall remain in force until it expires or is otherwise cancelled or revoked.

(2) (a) Subject to subparagraph (b), where an EU roadworthiness certificate expires or is otherwise cancelled or revoked, the date of such expiry, cancellation or revocation, as the case may be, shall be the first test due date for the vehicle in respect of which the certificate was issued and each subsequent test due date shall be determined in accordance with Regulation 3.

(b) Where the expiry, cancellation or revocation of an EU roadworthiness certificate occurred on a date in the period beginning on 28 March 2020 and ending on 31 July 2020 -

(i) the first test due date for the vehicle in respect of which the certificate is issued shall be the date that is 4 months after the date of such expiry, cancellation or revocation, as the case may be, and

(ii) each subsequent test due date shall be the date that is 4 months after each date that is determined in accordance with Regulation 3 to be a test due date for the vehicle.

(3) Where there is a doubt as to the validity of an EU roadworthiness certificate, the issuing authority may verify the validity of the certificate with the Member State competent authority concerned.”,

and

(e) by the deletion of Regulation 19.

GIVEN under my Official Seal,

27 November, 2020.

EAMON RYAN,

Minister for Transport.

EXPLANATORY NOTE

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

These Regulations determine the test due dates for an imported vehicle where a roadworthiness certificate was issued by another Member State in respect of that vehicle and that certificate continues to be in force. The Regulations permit the verification of roadworthiness certificates issued by other Member States where the validity of the certificate is in doubt.

1 OJ No. L 127, 29.4.2014, p. 51.