STATUTORY INSTRUMENTS.

S.I. No. 771 of 2004 .

EUROPEAN COMMUNITIES (VEHICLE TESTING) REGULATIONS, 2004.

S.I. No. 771 of 2004 .

EUROPEAN COMMUNITIES (VEHICLE TESTING) REGULATIONS, 2004.

I, MARTIN CULLEN, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 ( No. 27 of 1972 ) and for the purpose of giving effect to Council Directive 96/96/EC of 20 December 1996¹ and Commission Directive 2003/27/EC of 3 April 2003² , hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the European Communities (Vehicle Testing) Regulations 2004.

(2) These Regulations come into operation on 13 December 2004.

Interpretation

2. (1) In these Regulations--

“Act of 1952” means the Finance (Excise Duties) (Vehicles) Act 1952 (No. 24 of 1952);

“agricultural trailer” means a trailer, the property of a person engaged in agriculture, which is designed and used primarily for work on the land and which is used on a public road only incidentally to such work;

“ambulance” means a mechanically propelled vehicle used for the purpose of carrying sick, injured or disabled persons;

“anniversary of first registration” means a date that is one or more years after the date on which a vehicle was first registered;

“articulated vehicle” means the combination of a mechanically propelled vehicle and a drawn vehicle attached by partial superimposition and so constructed and attached that not less than 20 per cent of the weight of the drawn vehicle is borne by the mechanically propelled vehicle;

“authorised officer” means a person authorised by the Minister or by an issuing authority under Regulation 18;

“authorised tester” means a person or body appointed by an issuing authority under Regulation 6 to test vehicles under these Regulations:

“certificate of roadworthiness” means a certificate issued by an issuing authority under Regulation 15;

“combination of vehicles” means a combination of a mechanically propelled vehicle and one trailer;

“Council Directive” means Council Directive 96/96/EC of 20 December 1996³ as last amended by Commission Directive 2003/27/EC of 3 April 2003⁴ ;

“design gross weight” means the gross weight of a vehicle laden with the heaviest load which it can reasonably carry having regard to the engine capacity, brakes, tyres and general construction of such vehicle and shall, until the contrary is shown, be taken to be its design gross weight as specified by the manufacturer or, where the design gross weight of the vehicle as specified by the manufacturer is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer;

“e-mail” means electronic mail;

“fax” means a facsimile of a signed or written communication transmitted through the telecommunications system;

“first registration” means the date on which a vehicle was first registered, irrespective of country of registration, or where only the year of first registration is known, that year, in combination with the day and month of first registration in the State, and “first registered” shall be construed accordingly;

“goods trailer” means a trailer, including a semi-trailer, constructed or adapted primarily for the conveyance of goods or burden of any description having a design gross weight exceeding 3,500 kilograms and does not form part of a combination of vehicles which exceeds 44,000 kilograms gross weight, but excluding an agricultural trailer;

“goods vehicle” means a mechanically propelled vehicle, or an articulated vehicle, constructed or adapted primarily for the conveyance of goods or burden of any description whether or not the vehicle is used for such a purpose;

“issuing authority” means the council of a county or a city which exercises or performs the functions of a licensing authority under the Act of 1952;

“licence” means a licence issued for a vehicle under section 1 of the Act of 1952;

“licensing authority” means the council of a county or a city which exercises or performs the functions of a licensing authority under section 1 of the Act of 1952;

“mechanically propelled vehicle” has the meaning assigned to it by the Road Traffic Act 1961 (No. 24 of 1961);

“Minister” means the Minister for Transport;

“owner” means when used in relation to a vehicle--

(a) other than a vehicle referred to in paragraph (b), the person by whom the vehicle is normally kept, and

(b) which is the subject of a hire purchase agreement or leasing agreement, the person in possession of the vehicle under the agreement,

and “owned” shall be construed accordingly;

“pass statement” means a statement of vehicle roadworthiness given by an authorised tester under Regulation 14;

“public place” has the meaning assigned to it by the Road Traffic Act 1961 ;

“Regulations of 1991” means the European Communities (Vehicle Testing) Regulations 1991 ( S.I. No. 356 of 1991 );

“Regulations of 1991 to 2004” means the European Communities (Vehicle Testing) Regulations 1991 to 2004;

“relevant certificate” has the meaning assigned to it by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004 ( S.I. No. 213 of 2004 );

“re-test” means a subsequent test carried out on a vehicle under these Regulations, following the refusal of a certificate of roadworthiness in respect of that vehicle, where--

(a) the re-test is carried out on a day which is not more than 21 days after the day on which the certificate of roadworthiness was refused, and

(b) the reading on the vehicle's odometer at presentation for the retest has increased by not more than 4,000 kilometers on the odometer reading at the time the certificate of roadworthiness was refused;

“semi-trailer” means the drawn component of an articulated vehicle, or a vehicle constructed or adapted for use as such drawn component;

“test” means a test of a vehicle carried out in accordance with these Regulations;

“test centre” means a premises in which an authorised tester carries out tests on vehicles in accordance with these Regulations;

“test due date” means the date a vehicle mentioned in Regulation 4 is due a test;

“trailer” means a vehicle attached to a mechanically propelled vehicle (or to another vehicle attached to a mechanically propelled vehicle) or a vehicle constructed or adapted for the purpose of being drawn by a mechanically propelled vehicle;

“trained person” means a person referred to in Regulation 12(4) who carries out a test;

“vehicle” means a mechanically propelled vehicle having at least 4 wheels of a class referred to at subparagraphs (a), (b) and (d) of Regulation 3(1) and a vehicle of a class referred to at subparagraph (c) of Regulation 3(1).

(2) In these Regulations--

(a) a reference to a Regulation or Schedule is to a Regulation of, or Schedule to, these Regulations, unless it is indicated that reference to some other Regulations is intended,

(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(3) A word or expression which is used in these Regulations and which is also used in a Directive referred to in these Regulations has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.

Application

3. (1) Subject to paragraph (2), these Regulations apply to--

(a) vehicles used for the carriage of passengers with more than 8 seats, excluding the driver's seat.

(b) goods vehicles,

(c) goods trailers, and

(d) ambulances.

(2) These Regulations do not apply to vehicles which are used by the Defence Forces or the Garda Síochána.

Test due dates

4. (1) Subject to paragraph (2), the first test due date for a vehicle to which these Regulations apply is the first anniversary of its first registration.

(2) The first test due date for a vehicle of a class specified in column (2) of Schedule 1 at reference number 8 in column (1) which was first registered--

(a) on or before 31 August 2000, is the fourth anniversary of first registration of the vehicle, or

(b) between 1 September 2000 and 31 August 2003, is 1 September 2004.

(3) The relevant test due date mentioned in paragraphs (1) or (2) and each subsequent annual anniversary of that date are the test due dates for a vehicle to which these Regulations apply.

Requirement on licensing authorities

5. A licensing authority shall refuse to issue a licence for a vehicle to which these Regulations apply unless the application for the licence is accompanied by a certificate of roadworthiness which is in force in respect of the vehicle on the day on which the licence comes into operation.

Appointment of authorised testers

6. (1) Subject to paragraphs (3) and (4), an issuing authority may appoint authorised testers to test vehicles in accordance with these Regulations.

(2) An issuing authority may at any time suspend or terminate an appointment as an authorised tester under paragraph (1).

(3) An issuing authority shall not consider a person for appointment as an authorised tester unless--

(a) the person makes application to it in the form directed by the Minister for such purpose, and

(b) the fee specified in paragraph (6) accompanying the application has been paid.

(4) (a) In considering an application for appointment as an authorised tester an issuing authority must be satisfied that a person or body has, or has access to, premises, trained persons and equipment to enable tests to be carried out in accordance with these Regulations in respect of vehicles of every class referred to in Regulation 3(1).

(b) For the purposes of subparagraph (a) an issuing authority must be satisfied that the applicant fulfils the requirements in relation to premises, trained persons and equipment arising from any direction given by the Minister under Regulation 7 in relation to any of these matters.

(5) An issuing authority shall, as soon as it is practicable, inform the Minister of--

(a) every appointment made by it under paragraph (1), and

(b) every suspension or termination made by it under paragraph (2).

(6) The fee for an application for appointment as an authorised tester is €5,000 exclusive of any value added tax which may be applicable.

(7) An appointment of a person as an authorised tester under the Regulations of 1991 to 2004 which is in force immediately before the commencement of these Regulations continues in force after such commencement as if the appointment was made under this Regulation.

(8) Notwithstanding paragraph (1), a person who immediately before the commencement of these Regulations holds an appointment under the Regulations of 1991 to 2004 to test vehicles of a class specified--

(a) in column (1) at reference number 2 of the First Schedule to the Regulations of 1991 is entitled to--

(i) test vehicles having an unladen weight exceeding 1,524 kilograms but not having a design gross weight exceeding 3,500 kilograms until 12 December 2005, and

(ii) be appointed as an authorised tester by the issuing authority for the area to test vehicles of the classes specified in column (2) of Schedule 1, if by 12 December 2005 he or she has made an application for such appointment to the issuing authority and it is satisfied that he or she has met the relevant requirements for such appointment in accordance with paragraph (4), and

(b) in column (1) at reference number 8 of the First Schedule to the Regulations of 1991 is entitled to be appointed as an authorised tester by the issuing authority for the area to test vehicles of the classes specified in column (2) of Schedule 1, if by 12 December 2005 he or she has made application for such appointment to the issuing authority and it is satisfied that he or she has met the relevant requirements for such appointment in accordance with paragraph (4).

Directions by Minister

7. (1) The Minister may from time to time issue directions to issuing authorities and authorised testers in relation to the--

(a) manner in which the tests are to be carried out,

(b) manner in which any or all of the items to be tested as specified in Schedules 2 and 3 are to be carried out.

(c) premises to be used as test centres,

(d) number and layout of test lanes,

(e) equipment to be used to carry out tests,

(f) maintenance and calibration of equipment used in carrying out tests,

(g) qualifications and training requirements for persons carrying out tests,

(h) records and documentation to be maintained, or

(i) data to be provided to the Minister and the format of such data.

(2) Issuing authorities and authorised testers shall comply with any direction given under paragraph (1).

(3) Where an authorised tester fails to comply with a direction under paragraph (1) the issuing authority may suspend or terminate the appointment of the person as an authorised tester where it believes the circumstances of the non-compliance warrants such action.

Records and documentation

8. All records and documentation kept by an authorised tester in connection with the carrying out of testing under these Regulations are the property of the issuing authority which has the power to inspect and recover from the authorised tester any of such records or documentation as it considers appropriate.

Maintenance of registers by issuing authorities

9. (1) An issuing authority shall maintain--

(a) a register of authorised testers appointed by it, and

(b) in respect of authorised testers within its functional area, a register of persons who have completed courses of training supervised or approved by a person authorised by the Minister under paragraph (4).

(2) The registers referred to in paragraph (1) shall be kept at the head office of an issuing authority and shall be made available for inspection by any person free of charge during ordinary office hours.

(3) Where an issuing authority suspends or terminates under Regulation 6(2) an appointment of a person as an authorised tester, it shall note, in the register referred to in paragraph (1)(a) at the entry for that person as an authorised tester, the suspension or termination of the appointment and the date on which it was suspended or revoked.

(4) An issuing authority may remove the name of a person from a register referred to in paragraph (1)(b) and maintained by it following failure by the person to--

(a) attend a course of periodic training.

(b) satisfactorily complete a course of periodic training, or

(c) carry out tests in a fit and proper manner.

(5) The Minister may appoint such and so many persons as he or she thinks fit to be persons for the purposes of supervising or approving courses of training.

Application for test

10. An application for a test in respect of a vehicle shall be made by the owner of the vehicle or the owner's agent to an authorised tester either in person, by post, by fax, by telephone, or by e-mail.

Fees

11. (1) The fee to be paid for a test under Regulation 10 in respect of a class of vehicle specified in column (2) of Schedule 1 at any reference number in column (1) is the amount specified in column (3) of that Schedule opposite mention of that reference number.

(2) (a) Subject to paragraph (b), the fee to be paid for a re-test in respect of a class of vehicle specified in column (2) of Schedule 1 at any reference number in column (1) is the amount specified in column (4) of that Schedule opposite mention of that reference number,

(b) A re-test that does not require the use of test equipment shall not be subject to a fee.

(3) The fee to be paid to an issuing authority for a certificate of roadworthiness under Regulation 15 in respect of a class of vehicle specified in column (2) of Schedule 1 at any reference number in column (1) is the amount specified in column (5) of that Schedule opposite mention of that reference number.

(4) The fee to be paid to an issuing authority for a replacement certificate of roadworthiness under Regulation 17 in respect of a class of vehicle specified in column (2) of Schedule 1 at any reference number in column (1) is the amount specified in column (6) of that Schedule opposite mention of that reference number.

(5) The amounts specified in Schedule 1 are exclusive of any value added tax which may be applicable.

Testing of vehicles

12. (1) The items to be tested in the course of a test on a vehicle shall be as specified in--

(a) Schedule 2, for a vehicle of a class specified in column (2) of Schedule 1 at any reference number (other than reference number 8) in column (1) of Schedule 1, and

(b) Schedule 3, for a vehicle of a class specified in column (2) of Schedule 1 at reference number 8 in column (1) of Schedule 1.

(2) In carrying out a re-test on a vehicle only those items which gave rise to the refusal of the pass statement are to be tested.

(3) In carrying out a test or re-test on a vehicle an authorised tester shall comply with any direction given by the Minister under Regulation 7 in relation to the manner a test or re-test is to be carried out, the manner in which individual test items are to be carried out or the equipment to be used.

(4) A test of a vehicle by an authorised tester under these Regulations shall be carried out by a person (“trained person”) trained for that purpose whose name is included in the register referred to in Regulation 9.

(5) An authorised tester shall refuse to carry out a test or re-test on a vehicle unless the owner of the vehicle or the owner's agent presents to him or her the relevant certificate or trailer card, as appropriate, for the vehicle.

(6) An authorised tester may refuse to carry out a test or re-test on a vehicle if--

(a) in his or her opinion--

(i) any part of the vehicle or any of its equipment is in such a condition that it would not be safe or practicable to carry out the test or re-test, or

(ii) a load on a vehicle is in such a condition that it would not be safe or practicable to carry out the test or re-test,

(b) the name of owner of the vehicle as shown on the relevant certificate trailer licensing card, as appropriate, which is produced to the authorised tester is not the same as the name of the person given as the owner in the application made under Regulation 10, or

(c) the vehicle identification number as shown on the relevant certificate or trailer licensing card, as appropriate, which is produced to the authorised tester is not the same as on the vehicle.

(7) Where an authorised tester refuses to carry out a test or re-test on a vehicle in accordance with paragraph (5) or (6), he or she shall return to the owner of the vehicle or the owner's agent, as the case may be, the fee paid under Regulation 11 in respect of the application for a test or re-test, as the case may be, for the vehicle concerned.

Test report

13. (1) An authorised tester upon completion of a test of a vehicle shall--

(a) give to the owner of the vehicle or the owner's agent, as the case may be, a report of the test (“report form”) in a form approved by the Minister, and

(b) set out on the report form any item found not to be roadworthy during the test.

(2) A report form for a vehicle shall not be valid unless it is authenticated by the signature of the trained person who carried out the test.

Pass statement

14. (1) Subject to paragraph (2), following a test, the authorised tester shall give to the owner of the vehicle or the owner's agent, as the case may be, for the vehicle tested a statement (“pass statement”) in a form approved by the Minister where the authorised tester is satisfied that the vehicle is roadworthy in respect of the items specified for the class of vehicle concerned under Regulation 12(1).

(2) The authorised tester shall refuse to give a pass statement for a vehicle where--

(a) the test report relating to the vehicle contains one or more items found not to be roadworthy during the test, or

(b) the vehicle had not been tested in accordance with these Regulations.

(3) A pass statement for a vehicle shall not be valid unless it is authenticated by the signature of the trained person who carried out the test.

(4) A pass statement given under the Regulations of 1991 to 2004 which is in force immediately before the commencement of these Regulations continues in force after such commencement as if given under these Regulations.

Certificate of roadworthiness

15. (1) On presentation of a pass statement to an issuing authority, accompanied by the fee appropriate to the class of vehicle in accordance with Regulation 11(3), the authority shall issue for the vehicle a certificate of roadworthiness in the form specified in Schedule 4.

(2) A certificate of roadworthiness for a vehicle is in force from the date of its issue up until the expiration of 12 months from the date of the test in respect of which the pass statement was given under Regulation 14.

(3) A certificate of roadworthiness issued under the Regulations of 1991 to 2004 which is in force immediately before the commencement of these Regulations continues in force until the date specified on the said certificate to be the date of expiry.

Cancellation of pass statement or certificate of roadworthiness

16. (1) An issuing authority may revoke a pass statement given by an authorised tester appointed by it where it has reasonable grounds for believing that the pass statement was not issued in accordance with these Regulations.

(2) Where a pass statement is revoked by an issuing authority any certificate of roadworthiness issued on foot of that pass statement is deemed to stand revoked.

(3) Where an issuing authority revokes a pass statement, a member of the Garda Síochána or a person authorised by the issuing authority under Regulation 18 may demand, either in person or in writing, the giving up to the issuing authority within 14 days of--

(a) in a case where a certificate of roadworthiness has been issued on foot of the pass statement, the certificate of roadworthiness, or

(b) in a case where a certificate of roadworthiness has not yet issued, the pass statement,

either from the person named as the owner of the vehicle on the relevant certificate or trailer licensing card, as appropriate, which was produced to the authorised tester on the day the vehicle was given the relevant pass statement or from the current holder of the pass statement or certificate of roadworthiness, as the case may be.

(4) A person who fails to comply with a demand under paragraph (3) is guilty of an offence.

(5) Where a pass statement is revoked and given up to an issuing authority under this Regulation--

(a) an application may be made to the authorised tester who carried out the test (and re-test, if appropriate) in respect of which the statement relates for reimbursement of the fee paid to the authorised tester for the test (and re-test, if appropriate), and

(b) the authorised tester shall make the reimbursement referred to in subparagraph (a) if he or she is satisfied that the fee for the test (and re-test, if appropriate) in respect of which the statement relates was paid by the person making the application.

(6) Where a certificate of roadworthiness is revoked and given up to an issuing authority under this Regulation--

(a) an application may be made to the issuing authority to which the certificate was given up for reimbursement of the fee paid for the certificate, and

(b) the issuing authority shall make the reimbursement referred to in subparagraph (a) if it is satisfied that the fee for the certificate was paid by the person making the application,

(7) Where an issuing authority revokes a pass statement under this Regulation it shall immediately inform--

(a) the authorised tester who gave the pass statement of the serial number of the statement, the date the statement was revoked, the reason for the revocation and the registration number of the vehicle to which the statement relates, and

(b) the Minister of the serial number of the statement, the date the statement was revoked, the reason for the revocation, the serial number of any certificate of roadworthiness issued on foot of the statement and the registration number of the vehicle to which the statement relates.

(8) Where a certificate of roadworthiness stands revoked by virtue of paragraph (2) and the certificate was not issued by the issuing authority which revoked the pass statement under paragraph (1), the issuing authority which revoked the pass statement shall immediately inform the issuing authority for the certificate of the serial number of the statement, the date the statement was revoked, the reason for the revocation, the serial number of the certificate of roadworthiness issued on foot of the statement, if known, and the registration number of the vehicle to which the statement relates.

Replacement certificate of roadworthiness

17. (1) Subject to paragraph (2), an issuing authority may, on application from the owner of a vehicle, issue a replacement certificate of roadworthiness for a vehicle.

(2) An application for a replacement certificate of roadworthiness under paragraph (1) shall be in writing or on such form directed for that purpose by the Minister and shall--

(a) include such information relating to the original certificate of roadworthiness as the issuing authority may require,

(b) be made only by the owner of the vehicle to which the certificate of roadworthiness relates, and

(c) be accompanied by the fee appropriate to the class of vehicle in accordance with Regulation 11(4).

(3) A replacement certificate of roadworthiness shall contain the marking “REPLACEMENT”.

Appointment of authorised officers

18. (1) The Minister or an issuing authority may appoint persons to be authorised officers for the purposes of enforcing these Regulations and the Council Directive.

(2) An authorised officer--

(a) shall be furnished with a warrant of his or her appointment, and

(b) when exercising a power conferred on him or her under these Regulations shall, if requested by any person affected, produce the warrant of his or her appointment to that person for inspection.

(3) An authorised person may for the purpose of ensuring that these Regulations and Council Directive are being complied with--

(a) enter at any reasonable time the premises used or proposed to be used by an authorised tester for the purposes of carrying out tests--

(i) to ascertain whether the premises and test equipment are suitable for carrying out tests,

(ii) to ascertain whether tests are being carried out in a proper manner having regard to any direction given by the Minister under Regulation 7 in relation to the carrying out of tests,

(iii) to inspect any books, documents or records relating to the testing of vehicles, or

(iv) to inspect any books, documents or records relating to the rectification of defects identified in vehicles in the course of a test,

(b) require any person in charge of premises used or proposed to be used by an authorised tester for the purposes of carrying out tests to produce to him or her any books, documents or records relating to the testing of vehicles which are in the person's power or control (and in the case of such information in a non-legible form to reproduce it in a legible form) and to give to him or her such information as he or she may reasonably require in relation to any entries in such books, documents or records,

(c) inspect and take extracts from or make copies of any such books, documents or records (including in the case of information in a non-legible form a copy of or extract from such information in a legible form),

(d) remove and retain such books, documents or records for such period as may be reasonable for further examination,

(e) require any person in charge of the premises to maintain such books, documents or records for such period of time, as may be reasonable, as he or she directs,

(f) require any person in charge of the premises to give him or her any information which he or she may reasonably require with regard to the testing of vehicles.

(4) Where an authorised officer in exercise of his or her powers under this Regulation is prevented from entering premises used by an authorised tester for the purposes of carrying out tests, an application may be made under paragraph (6) for a warrant to authorise such entry.

(5) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling, unless he or she has obtained a warrant from the District Court under paragraph (6) authorising such entry.

(6) If a judge of the District Court is satisfied, on the sworn information of an authorised officer that there are reasonable grounds for suspecting that information required by an authorised officer for the purpose of this Regulation is held at any premises or any place, the judge may issue a warrant authorising an authorised officer, accompanied, if appropriate, by other authorised officers or by a member of the Garda Síochána at any time or times within one month from the date of issue of the warrant, on production of the warrant, if so requested, to enter those premises or that place, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under this Regulation.

(7) An authorised officer may inspect any stationary vehicle to which these Regulations apply and in relation to which a pass statement has been given or a certificate of roadworthiness has been issued.

(8) An authorised officer appointed by the Minister may inspect any books, documents or records which an issuing authority is required to keep in accordance with these Regulations.

(9) A person who--

(a) without reasonable excuse fails or refuses to comply with any request or requirement made by an authorised officer under this Regulation,

(b) obstructs, impedes, interferes with or assaults an authorised officer in the exercise of a power under this Regulation,

(c) gives to an authorised officer information which is false or misleading in a material respect, or

(d) alters, suppresses, or destroys any statements, certificates, books, documents or records which the person concerned has been required to produce, or reasonably expected to be required to produce, is guilty of an offence.

(10) In this Regulation reference to the premises used or proposed to be used by any authorised tester includes premises proposed to be used by a person who has made an application for appointment as an authorised tester.

(11) An appointment of a person as an authorised officer under the Regulations of 1991 to 2004 which is in force immediately before the commencement of these Regulations continues in force after such commencement as if the appointment was made under this Regulation.

Requirement to have certificate of roadworthiness

19. (1) Subject to paragraphs (4) and (5), a person shall not use in a public place a vehicle to which these Regulations apply unless there is in force in respect of the vehicle a certificate of roadworthiness.

(2) A person who contravenes paragraph (1) and, if he or she is not the owner of the vehicle, the owner, is each guilty of an offence.

(3) Where a person who contravenes paragraph (1) is not the owner of the vehicle and the owner is charged with an offence under paragraph (2), it is a defence to the charge if the owner shows that the vehicle was used without his or her consent.

(4) Where, in a prosecution for an offence under paragraph (2), it is shown that a demand having been made under Regulation 20, that the person--

(a) to whom the demand was made refused or failed to produce a certificate of roadworthiness, or

(b) having produced a certificate of roadworthiness to a member of the Garda Síochána refused or failed to permit the member to read and examine it,

it shall be presumed, until the contrary is shown by the defendant, that the vehicle was being used in contravention of paragraph (1).

(5) The existence of a current certificate of roadworthiness for a vehicle does not affect any prosecution for an offence under the Road Traffic Acts 1961 to 2003.

Production of certificate of roadworthiness

20. (1) Where a member of the Garda Síochána has reasonable grounds for believing that a vehicle to which these Regulations apply has been used in a public place on a particular occasion (including a case in which the member has himself or herself observed the use) and that the actual user of the vehicle on that occasion was a particular person, the member may, at any time not later than one month after the occasion, demand of the person the production of a certificate of roadworthiness in respect of the vehicle in force on the occasion and, if the person refuses or fails to produce the certificate then and there, he or she is, unless within 10 days after the day on which production was demanded he or she produces the certificate in person to a member of the Garda Síochána at a Garda station named by the person at the time at which the production was demanded, guilty of an offence.

(2) Where a member of the Garda Síochána has reasonable grounds for believing that a vehicle to which these Regulations apply has been used in a public place on a particular occasion (including a case in which the member has himself or herself observed the use), the member may, at any time not later than one month after the occasion, demand of the owner of the vehicle the production of a certificate of roadworthiness in respect of the vehicle in force on the occasion and, if the owner refuses or fails to produce the certificate then and there, he or she is, unless within 10 days after the day on which production was demanded he or she produces the certificate in person to a member of the Garda Síochána at a Garda station named by the owner at the time at which the production was demanded, guilty of an offence.

(3) Where a person produces a certificate of roadworthiness to a member of the Garda Síochána but refuses or fails to permit the member to read and examine it, that person is guilty of an offence and the member may demand of him or her their name and address.

(4) Where a person whose name and address is demanded under paragraph (3) refuses or fails to give their name and address or gives a name or address which is false, he or she is guilty of an offence.

(5) A member of the Garda Síochána may arrest without warrant a person who--

(a) under this Regulation produces a certificate of roadworthiness but refuses or fails to permit the member to read or examine it, or

(b) when their name and address is demanded of them by the member under this Regulation, refuses or fails to give their name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading.

Power of Garda Síochána to inspect vehicles

21. (1) A member of the Garda Síochána may stop any vehicle or combination of vehicles to which these Regulations apply and inspect and examine any part of the vehicle or combination of vehicles for the purpose of forming an opinion as to whether or not the vehicle or combination of vehicles, as the case may be, is roadworthy.

(2) A member of the Garda Síochána may do all such things and make all such requirements in relation to the vehicle or combination of vehicles as are reasonably necessary for the purpose of carrying out an inspection under paragraph (1).

(3) For the purpose of paragraph (2) and without prejudice to the generality of that paragraph--

(a) the driver of a vehicle, if required by a member of the Garda Síochána, shall--

(i) drive the vehicle or combination of vehicles to a convenient place indicated by the member, suitable for the carrying out of an inspection and not more than 16 kilometres distance from the place at which the request is made, and to carry the member in the vehicle while it is being so driven,

(ii) drive the vehicle or combination of vehicles for a reasonable time and distance,

(iii) drive the vehicle or combination of vehicles or cause the vehicle or combination of vehicles to be driven for a reasonable distance in such direction and manner and at such speed as the member directs, and to carry the member in the vehicle while it is being so driven, or

(iv) carry out or cause to be carried out such tests as the member considers reasonable, and

(b) a member of the Garda Síochána may--

(i) drive the vehicle or combination of vehicles for a reasonable distance, or

(ii) carry out or cause to be carried out such tests as the member considers reasonable.

(4) Where a member of the Garda Síochána, consequent upon having inspected a vehicle under paragraph (1), forms the opinion that there is a defect affecting the vehicle which is such that when in use it presents a serious risk to the driver, other occupants or other road users, the member may--

(a) instruct the person in charge of the vehicle that it is not to be driven in a public place until the defect has been rectified, or

(b) require the person in charge of the vehicle or the owner to submit the vehicle for a test in accordance with Regulation 10 by a specified date.

(5) A member of the Garda Síochána may be accompanied and assisted by an authorised officer when carrying out any of the functions under this Regulation.

(6) A person who fails to permit an inspection of a vehicle or to comply with a requirement or instruction under this Regulation is guilty of an offence.

Penalties

22. A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 3 months or to both.

Revocations

23. The following Regulations are revoked--

(a) European Communities (Vehicle Testing) Regulations 1991 ( S.I. No. 356 of 1991 ),

(b) European Communities (Vehicle Testing) (Amendment) Regulations 1992 ( S.I. No. 324 of 1992 ),

(c) European Communities (Vehicle Testing) (Amendment) Regulations 1996 ( S.I. No. 108 of 1996 ),

(d) European Communities (Vehicle Testing) (Amendment) (No. 2) Regulations 1996 ( S.I. No. 174 of 1996 ),

(e) European Communities (Vehicle Testing) (Amendment) Regulations 1999 ( S.I. No. 143 of 1999 ),

(f) European Communities (Vehicle Testing) (Amendment) Regulations 2002 ( S.I. No. 56 of 2002 ),

(g) European Communities (Vehicle Testing) (Amendment) (No. 2) Regulations 2002 ( S.I. No. 499 of 2002 ), and

(h) European Communities (Vehicle Testing) (Amendment) Regulations 2004 ( S.I. No. 243 of 2004 ).

SCHEDULE 1

SCHEDULE 2

List of items to be tested

SCHEDULE 3

List of items to be tested

SCHEDULE 4

Certificate of Roadworthiness

VEHICLE TESTING

European Communities (Vehicle Testing) Regulations

Certificate of Roadworthiness

I hearby certify that the owner of the vehicle described herein presented a statement by an authorised tester to the effect that the said vehicle was tested and found to be roadworthy on the date shown in accordance with the requirements of the European Communities (Vehicle Testing) Regulations.

Issued against Statement Number ..............................

Issued by ............................................................ .

(Issuing Authority)

Date ............................................................ ........

Signed ............................................................ .....

EXPLANATORY NOTE.

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

These Regulations consolidate the existing Regulations relating to the arrangements for the compulsory testing of commercial vehicles. They also provide for the use of design gross vehicle weight for determining vehicle classification for the purposes of testing vehicles, the introduction of a retest, the differeniation of heavy goods vehicles by size for test fee purposes, and a revision in the scale of test fees.

¹ O.J. No. L46, 17.2.97. p1.

² O.J. No. L90, 8.4.03. p410.

³ O.J. No. L46, 17.2.97. p1.

⁴ O.J. No. L90, 8.4.03. p410.