No. 67/1931:

MOTOR CAR (INTERNATIONAL CIRCULATION) ORDER, 1931.

MOTOR CAR (INTERNATIONAL CIRCULATION) ORDER, 1931.

WHEREAS it is enacted by sub-section (1) of section 1 of the Motor Car (International Circulation) Act, 1909, as adapted by or under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), that the Governor-General of the Irish Free State may by Order upon the advice of the Executive Council for the purpose of giving effect to any convention for facilitating the international circulation of motor cars, provide—

(a) for the grant and authentication of any travelling passes, certificates or authorities which may be of use to persons resident in Saorstát Eireann when temporarily taking their motor cars abroad, or to drivers when proceeding abroad for the purpose of driving motor cars; and

(b) for modifying the provisions of the Motor Car Act, 1903, relating to the registration of motor cars and the licensing of motor-car drivers in the case of motor cars brought temporarily into Saorstát Eireann by persons resident abroad, and intending to make only a temporary stay in Saorstát Eireann and drivers entering Saorstát Eireann for the purpose of driving any such cars;

and it is enacted by sub-section (2) of the said section so adapted, that any modifications of the Motor Car Act, 1903, made by any such Order under the said section shall have effect as if they were contained in that Act, and by sub-section (3) of the said section it was further enacted that any such Order made under the said Motor Car (International Circulation) Act, 1909, may be varied or revoked by any such Order subsequently made under that Act:

AND WHEREAS it is enacted by sub-section (8) of section 7 of the Roads Act, 1920, that the Motor Car (International Circulation) Act, 1909, shall have effect as though the references therein to the Motor Car Act, 1903, included references to the Roads Act, 1920:

AND WHEREAS on the 24th day of April, 1926, a convention with respect to the international circulation of motor cars was concluded at Paris between the following countries, that is to say:—

Germany, Austria, Belgium, Brazil, Great Britain and Northern Ireland, Bulgaria, Cuba, Denmark, Danzig, Egypt, Spain, Estonia, Finland, France, Guatemala, Greece, Hungary, The Irish Free State, Italy, Latvia, Lithuania, Luxemburg, Morocco, Mexico, Monaco, Norway, The Netherlands, Peru, Persia, Poland, Portugal, Roumania, The Kingdom of the Serbs, Croats and Slovenes, Siam, Switzerland, Czecho-Slovakia, Tunis, Turkey, The Union of Soviet Socialist Republics, and Uruguay:

AND WHEREAS Saorstát Eireann and certain other countries have ratified the said convention of the 24th day of April, 1926:

AND WHEREAS Articles 3, 4, 6 and 7 of the said convention of the 24th day of April, 1926, are in the terms set out in the Schedule to this Order:

NOW, therefore, I, JAMES McNEILL, GOVERNOR-GENERAL of the Irish Free State, upon the advice of the Executive Council of the Irish Free State in exercise of the powers conferred by the Motor Car (International Circulation) Act, 1909, as adapted by or under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and of every and any other power me in this behalf enabling do hereby order as follows:—

PART I.—GENERAL.

1. This Order may be cited as the Motor Car (International Circulation) Order, 1931.

2. The Motor Car (International Circulation) Order, 1910, and the Motor Car (International Circulation) (Amendment) Order, 1921, are hereby revoked, without prejudice to the validity of any action taken thereunder.

3. The Interpretation Act, 1889, applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas passed before the 1st day of January, 1924.

4. In this Order—

the expression "the Minister" means the Minister for Local Government and Public Health;

the expression "the Act" means the Motor Car Act, 1903, as amended by the Roads Act, 1920.

PART II. SAORSTÁT EIREANN CARS AND DRIVERS GOING ABROAD.

5. The Minister shall be the competent authority referred to in Article 3 and in Article 6 of the Convention and he is hereby empowered to carry out in accordance with and subject to the provisions of this Order the following duties, that is to say:—

(a) to examine any motor car registered in any part of Saorstát Eireann under the provisions of the Roads Act, 1920, which is submitted for examination and, if satisfied after such examination that the motor car is suitable for use on the highway in a foreign country and that it fulfils the conditions specified in Article 3 of the Convention, to issue an International Certificate for Motor Vehicles on the Model of that contained in Annex. B. to the Convention;

(b) to examine any person submitting himself for examination in his competence as a driver of motor vehicles and, if upon examination he is found to be competent, to issue to him an International Driving Permit on the model of that contained in Annex. E. to the Convention: Provided that an International Driving Permit shall not be granted to any person who is under eighteen years of age.

6. There shall be chargeable on the issue of

PART III. FOREIGN DRIVERS ARRIVING IN SAORSTÁT EIREANN.

7. Any person resident outside Saorstát Eireann and intending to make only a temporary stay in Saorstát Eireann may, on production of an international driving permit and in accordance with regulations made by the Minister, apply to any authority for the time being empowered by law to issue licences for the driving of motor cars for and have issued to him a licence to drive in Saorstát Eireann any motor car of the type or types specified in such international driving permit and it shall be the duty of the Minister to make such regulations.

8. In the application of the Act to any person licensed to drive a motor car in pursuance of the foregoing Article the following modifications of the Act shall have effect:—

(i) in sub-section (2) of section 1 of the Act there shall be added after the words "or produce his licence on demand," the words "or produce on demand the licence issued to him under the Motor Car (International Circulation) Order, 1931; "

(ii) any person to whom a licence to drive a motor car has been issued under this Order shall be deemed to be licensed under section 3 of the Act, and a person driving the motor car with reference to which such licence has been issued who produces such licence shall be deemed to have complied with the requirements of sub-section (4) of that section

(iii) paragraphs (a) of sub-section (1) and sub-sections (3) and (5) of section 4 of the Act shall apply to any licence issued under this Order as if such licence were a licence granted under the Act.

PART IV. FOREIGN CARS ARRIVING IN SAORSTÁT EIREANN.

9. Any person in charge of a motor vehicle not registered in Saorstát Eireann under the provisions of the Roads Act, 1920, and brought into Saorstát Eireann, may make application to the Minister for the registration of the vehicle and the allocation of identification marks and the issue to him of an International Circulation Permit in accordance with and subject to regulations made by the Minister, and it shall be the duty of the Minister to make such regulations accordingly.

10. In the application of the Roads Act, 1920, to any vehicle registered under Article 9 of this Order the following modifications of that Act shall have effect:—

In sub-section (1) of section 6 after the word "registered" where it last occurs in the first paragraph of that sub-section, the words "or in the case of a vehicle registered under the Motor Car (International Circulation) Order, 1931, the identification mark allocated to the vehicle thereunder" shall be inserted.

PART V. DELEGATION OF DUTIES BY MINISTER.

11. The Minister may, subject to such conditions as he thinks fit, authorise by Order one or more Associations—

(a) to perform all or any of the duties specified in Article 5 hereof, and

(b) to charge, take, and retain for its own use the fees mentioned in Article 6 hereof, and

(c) to do all or any of the things to be done by virtue of Article 9 hereof under regulations made under that Article.

12. The Minister may at any time by Order revoke or amend an Order made by him under the next preceding Article hereof.

Given under my hand and sealed with the Great Seal of the Irish Free State, this 8th day of October, 1931.

JAMES McNEILL,

Governor-General.

SCHEDULE.

CONDITIONS TO BE FULFILLED BY MOTOR VEHICLES IN ORDER THAT THEY MAY BE ADMITTED TO TRAVEL ON A ROAD TO WHICH THE PUBLIC HAVE ACCESS.

ARTICLE 3.

Every motor vehicle, in order to receive international authorisation to travel on any road to which the public have access, must either have been recognised as suitable for use on any road to which the public have access after an examination by the competent authority or by an association authorised by that authority or must conform to a type approved in the same manner. The vehicle must, in any case, fulfil the following conditions:—

I. The motor vehicle must be equipped with the following:—

(a) A strong steering apparatus which will allow the vehicle to be turned easily and with certainty.

(b) Either two systems of brakes, independent of each other, or one system of brakes with two independent means of operation, of which one means of operation will function, even if the other fails to function, provided that in all cases the system used is really effective and rapid in action.

(c) If the weight of the motor vehicle when empty exceeds 350 kilog., a mechanism by means of which the vehicle can from the driver's seat be made to move backwards under its own power.

(d) When the combined weight of the empty motor vehicle and the weight of the maximum load which it is officially declared to be capable of carrying exceeds 3,500 kilog., a special mechanism, such as can prevent, in all circumstances, the vehicle from running backwards, and in addition a reflecting mirror.

The controls and steering apparatus must be so placed that the driver can manage them with certainty and at the same time have a clear view of the road

The machinery must be such as to work with certainty and disposed in such a way as to avoid, as far as possible, all danger of fire or explosion; as not to constitute any sort of danger to traffic and so as not to frighten or seriously inconvenience by noise, smoke or smell. The vehicle must be equipped with a silencer.

The wheels of motor vehicles and trailers drawn by them must be fitted with rubber tyres or with some other tyres of equivalent elasticity.

The distance between the ends of the hub-caps must not exceed the maximum width of the remainder of the vehicle.

II. The motor vehicle must carry:—

(1) At the front and the back, marked on plates or on the vehicle itself, the registration number which has been allotted to it by the competent authority. The registration number placed at the back as well as the distinctive mark referred to in Article 5 must be lit up as soon as they cease to be visible by the light of day.

In the case of a vehicle followed by a trailer, the registration number and the distinctive mark referred to in Article 5 are repeated behind the trailer, and the regulation regarding the lighting of these marks applies to the trailer.

(2) In an easily accessible position and in a form easily legible, the following particulars:—

Name of maker of chassis.

Maker's chassis number.

Maker's engine number.

III. Every motor vehicle must be fitted with an audible warning device of sufficient strength.

IV. Every motor vehicle travelling alone must during the night and from sunset be fitted in front with at least two white lights placed one on the right and the other on the left, and, at the back, with a red light.

For motor bicycles unaccompanied by a side-car, the number of lights in front may be reduced to one.

V. Every motor vehicle must also be equipped with one or more devices capable of effectively illuminating the road for a sufficient distance ahead unless the two white lights prescribed above already fulfil this condition.

If the vehicle is capable of proceeding at a speed greater than 30 kilom. an hour, this distance must not be less than 100 metres.

VI. Lamps which may produce a dazzling effect must be provided with means for eliminating the dazzling effect when other users of the road are met, or on any occasion when such elimination would be useful. The elimination of the dazzling effect must, however, leave sufficient light to illuminate the road clearly for at least 25 metres.

VII. Motor vehicles drawing trailers are subject to the same regulations as separate motor vehicles in so far as forward lighting is concerned; the rear red light is to be carried on the back of the trailer.

VIII. In so far as the limits regarding weight and dimensions are concerned, motor vehicles and trailers must satisfy the general regulations in force in the countries in which they travel.

DELIVERY AND RECOGNITION OF INTERNATIONAL CERTIFICATES FOR MOTOR VEHICLES.

ARTICLE 4.

With the object of certifying that every motor vehicle which has received international authorisation to travel on a road to which the public have access fulfils the conditions laid down in Article 3 or is able to fulfil them, international certificates are delivered on the model and according to the remarks contained in Annexes A. and B. to the present Convention.

These certificates are valid for one year from the date of their delivery. The written particulars which they bear must always be written in Latin characters or in so-called English script.

The international certificates delivered by the authorities of one of the contracting States or by an association authorised by them with the counter-signature of the authority give the right to travel freely in all other contracting States and are recognised therein as valid without further examination. The right to use the international certificate may, however, be refused if it is clear that the conditions laid down in Article 3 are no longer being fulfilled.

CONDITIONS TO BE FULFILLED BY DRIVERS OF MOTOR VEHICLES BEFORE RECEIVING INTERNATIONAL AUTHORISATION TO DRIVE A MOTOR VEHICLE ON A PUBLIC ROAD.

ARTICLE 6.

The driver of a motor vehicle must possess qualifications which provide a reasonable guarantee of public safety.

In so far as international traffic is concerned, nobody may drive a motor vehicle without having received a special authorisation delivered by a competent authority or by an association authorised by it after giving proof of his competence

This authorisation cannot be granted to persons of less than 18 years of age.

DELIVERY AND RECOGNITION OF INTERNATIONAL DRIVING PERMITS.

ARTICLE 7.

In order to certify, for international traffic, that the conditions laid down in the preceding article have been fulfilled, international driving permits are delivered on the model and according to the remarks contained in Annexes D. and E. of the present Convention.

These permits are valid for a year from the date of their delivery and for the categories of motor vehicles for which they have been delivered.

For the purposes of international traffic the following categories have been drawn up:—

(a) Motor vehicles of which the combined weight of the empty vehicle and the weight of the maximum load which it is officially declared to be capable of carrying does not exceed 3,500 kilog.;

(b) Motor vehicles of which the total weight, made up as above, exceeds 3,500 kilog.;

(c) Motor cycles with or without a side-car.

The written remarks on international permits are always written in Latin characters or in so-called English script.

International driving permits delivered by the authorities of a contracting State or by an association authorised by them with the counter-signature of the authority, authorise the holder, in all other contracting States, to drive motor vehicles which come within the categories for which they have been delivered and are recognised as valid, without re-examination, in all the Contracting States. The right to use the international driving permit may, however, be refused if it is evident that the conditions prescribed in the previous Article have not been fulfilled.