S.I. No. 269/1961 - Mechanically Propelled Vehicles (International Circulation) Order, 1961

1. INTERNATIONAL MOTOR INSURANCE CARD

No.................................

2. ISSUED BY............................................(Name of Bureau)....................................................

3. NAME AND ADDRESS OF INSURED (or user of the vehicle)

4.

VALID

From

To

Day

Month

Year

Day

Month

(Both Dates Inclusive)

4. Mechanically Propelled Vehicles (Construction, Equipment and Use) Order, 1948 (

S.I. No. 240 of 1948

).

5. CATEGORY AND MAKE OF VEHICLE

↓

↓

↓

↓

↓

6.

(If no Registration Number)

7. POLICY NUMBER

REGISTRATION

CHASSIS

ENGINE

or

NUMBER

NUMBER

NUMBER

8. THIS CARD HAS BEEN ISSUED BY

(Name and Address of Insurer)

9. SIGNATURE OF INSURER

↓

CATEGORY OF VEHICLE

(Code)

B.—Motorcycle

E.—Bus

A

B

CH

D

DK

E

EIR

F

GB

GR

I

L

N

NL

P

SA

(D)

SF

C.—Lorry or Tractor

F.—Trailer

GIVEN under the Official Seal of the Minister for Local Government this Twenty-eighth day of November One Thousand Nine Hundred and Sixty-one.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE

This Order replaces, with amendments, the existing orders and regulations dealing with visiting vehicles, i.e., vehicles brought temporarily into the State by persons resident outside the State, and visiting drivers in respect of motor taxation, registration, driving licences, public service vehicle licensing, insurance, etc. The amendments chiefly arise from the accession of Ireland to the following international conventions:—the Convention on Road Traffic, 1949, Convention on the Taxation of Road Vehicles for Private use in International Traffic, 1956, Convention on the Taxation of Road Vehicles engaged in International Passenger Transport, 1956, Convention on the Taxation of Road Vehicles engaged in International Goods Transport, 1956.

Articles 3 to 5 provide for the exemption of visiting vehicles from motor taxation in certain circumstances. Article 3 provides for the exemption of the following categories of visiting vehicles:—(i) a vehicle used for " private " purposes—for a year provided it is exempt from customs duty; (ii) a public service vehicle engaged in the international transport of passengers—during exemption from customs duty (in effect, a limited period); (iii) a public service vehicle carrying only visitors within the State—for 31 days in a year; (iv) goods vehicle engaged in the international transport of goods—as at (ii). Concessions (i), (ii) and (iv) are based on international conventions, and concession (iii) has been in operation since 1958.

Articles 4 and 5 continue special arrangements for vehicles from Northern Ireland and " private " vehicles from Britain which may operate here free of motor taxation under their domestic tax discs. Other vehicles entitled to exemption from motor taxation will be required under article 6 to exhibit either a customs document (temporary importation permit) or a circulation permit. Furthermore, such vehicles will have to comply with article 7, which requires them to be registered, etc., in their own country and show a nationality plate under an international convention, or to be specially registered here. Article 8 indicates how visiting vehicles, not exempt from motor taxation, are to be taxed here. Article 9 requires the holder of a registration document in respect of a visiting vehicle to produce it on demand to the authorities here—this corresponds to a domestic provision affecting Irish registered vehicles. Domestic regulations define what is meant by the " registered owner " of a vehicle for the purposes of, e.g., the

Road Traffic Act, 1961

; article 10 deals similarly with visiting vehicles. Article 11 exempts visiting vehicles, their drivers and conductors from public service vehicle licensing here where they are properly licensed in their own countries. This continues a concession in operation since 1958. Article 12 gives effect to certain international conventions by providing that visiting vehicles which comply with their requirements regarding construction, equipment and lighting will be accepted here. Article 13 provides that international motor insurance cards will be accepted here as equivalent to certificates of motor insurance. This continues a concession in operation since 1952. Article 14 provides that a foreign driving licence or an international driving permit will be accepted here if used by a visitor. This continues a concession in operation since 1955. Article 15 indicates how a visitor may apply for an Irish driving licence. Article 16 enables the Automobile Association and the Royal Irish Automobile Club to issue documents, etc, for the purpose of facilitating Irish drivers taking their vehicles abroad.

10. Article 18 of the Road Vehicles (Registration and Licensing) Regulations, 1958 shall in its application to vehicles brought temporarily into the State by visitors be modified by the substitution of the following definition of registered owner for the purpose of any enactment referring to the registered owner of a vehicle—

(

a

) in the case of a vehicle which is exempt from motor vehicle duty under article 4 or article 5 of this Order, the person shown as the current owner in the registration book issued in respect of the vehicle,

(

b

) in the case of a vehicle in respect of which a registration card has been issued under this Order, the person named as the applicant on the registration card,

(

c

) in any other case, the person named as the applicant on the registration certificate or named as the owner or holder on the international certificate held in respect of the vehicle.

11.—(1) Subsection (1) of section 93 of the Act of 1933 shall not apply to a vehicle brought into the State temporarily by a visitor if the vehicle is licensed in the state where it is registered under the licensing requirements (if any) of that state corresponding to those of Part VII of the Act of 1933.

(2) Subsections (1) and (2) of section 110 and subsection (1) of section 112 of the Act of 1933 shall not apply to a visitor in respect of his employment as driver or conductor of a vehicle to which paragraph (1) of this article applies if such person is licensed as such in the state where he is ordinarily resident under the licensing requirements (if any) of that state corresponding to those of Part VII of the Act of 1933.

12.—(1) The provisions of the Act of 1933 and the orders and regulations specified in Part I of the First Schedule to this Order shall not apply to a vehicle registered in a state which is a party to the Convention of 1926 in relation to Ireland, which is brought temporarily into the State by a visitor and which complies with the provisions of the Convention of 1926 and the requirements contained in Part II of the said Schedule.

(2) The provisions of the Act of 1933 and the orders and regulations specified in Part III of the First Schedule to this Order shall not apply to a vehicle registered in a state which is a party to the Convention of 1949 in relation to Ireland, which is brought temporarily into the State by a visitor and which complies with the provisions of Chapter IV of the Convention of 1949 and the requirements contained in Part IV of the said Schedule.

13.—(1) In this article—

" certificate " means a certificate of insurance issued in accordance with section 68 of the Act of 1933 by a vehicle insurer certifying that an approved policy of insurance has been issued.

(2) For the purposes of Part V of the Act of 1933,

section 12

of the

Roads Act, 1920

and any regulation made under any of the said enactments, the following provisions shall apply regarding an international motor insurance card in respect of the use of the vehicle referred to in the said card:—

(

a

) the said card shall be deemed to be a certificate issued to the insured named thereon for the period shown thereon as the period of validity in Ireland;

(

b

) the Irish Bureau shall be deemed to be the vehicle insurer which issued the said certificate, and to be competent to act as a vehicle insurer;

(

c

) notwithstanding anything contained in section 68 of the Act of 1933 or the regulations made thereunder, it shall not be necessary to furnish any particulars on an international motor insurance card other than those required to be furnished on the said card.

(3) Section 58 of the Act of 1933 shall not apply to the Irish Bureau and article 10 and paragraph (1) of article 13 of the Road Traffic (Third Party Risks) Regulations, 1933 (

S.R. and O. 1933 No. 130

) shall not apply to an international motor insurance card.

(4) On an international motor insurance card the letters EIR are used to indicate the name of the State but the letters IRL may be substituted therefor.

14.—(1) In this article—

" domestic driving licence " means a valid and properly completed permit or licence to drive motor vehicles (not being a provisional permit or licence issued to a person to enable him to learn to drive) issued to a visitor by the competent authority of the state in which he resides or by an association duly empowered by such authority to issue the permit or licence;

" international driving permit " means a valid and properly completed international driving permit issued to a visitor under the Convention of 1926 or the Convention of 1949 by the competent authority of the state in which he resides or by an association duly empowered by such authority to issue such permit, and

" driving permit " means a domestic driving licence or an international driving permit.

(2) A visitor who—

(

a

) is for the time being the holder of a driving permit, and

(

b

) is not disqualified for holding a driving licence to drive a vehicle of a class which he is licensed by the driving permit to drive

may drive on any public road a vehicle of a class which he is licensed by the driving permit to drive, and subsection (1) of section 22 of the Act of 1933 shall be modified accordingly.

(3) Part III of the Act of 1933 modified as follows shall apply to the driving permit of a visitor in like manner as it applies to a driving licence:—

(

a

) sections 24, 25, 26, 27, 28, 35 and 42 and subsection (6) of section 39 shall not apply to a driving permit;

(

b

) notwithstanding subsection (2) of section 23, a visitor may hold at the same time a domestic driving licence and an international driving permit;

(

c

) whenever a visitor who holds at the same time a domestic driving licence and an international driving permit is disqualified for holding a driving licence, both documents shall be suspended under subsection (1) of section 33, and any endorsement authorised under this article shall be made on both documents;

(

d

) when a driving permit suspended under section 33 is delivered under subsection (3) of that section to the district court clerk of the district in which the disqualification is made, it shall be sent by him to Dublin Corporation where—

(i) it shall be retained until it expires or until the period of suspension expires or until the visiting driver leaves the State whichever is the earlier, and

(ii) an endorsement shall be made on the part thereof reserved for endorsement or, if there is no such part, on the back thereof, to the effect that the right to use it in the State has been withdrawn for the period specified in the disqualification order;

(

e

) for the purpose of section 37 an endorsement authorised to be made on a driving permit under this article shall be deemed to be an endorsement made on a driving licence under Part III of the Act.

(4) The Road Traffic (Driving Licence) Regulations, 1934 (

S.R. and O. 1934 No. 151

), except articles 4 to 11, shall apply to a driving permit in like manner as they apply to a driving licence.

15.—(1) Driving licences may be granted by any licensing body to persons who ordinarily reside outside the State.

(2) Where an application for a driving licence is made to a licensing body by a person who ordinarily resides outside the State and there has been paid to the licensing body by the person the excise duty for the time being required by law to be paid on the taking out of a driving licence, the licensing body shall grant to such person a driving licence if they are satisfied that the provisions of Part III of the Act of 1933 and the regulations made thereunder (other than the provision requiring an applicant for a licence to be ordinarily resident in the functional area of a licensing authority) have been complied with.

(3) Before granting a driving licence under this article a licensing body shall cause to be printed or otherwise marked on the front of the licence the words "Visitor's Driving Licence."

(4) The excise duty on driving licences collected under this article by a licensing body which is not a licensing authority shall be paid by such licensing body to the Minister at such times and in such manner as the Minister shall from time to time direct, and the sums so paid to the Minister shall be lodged by him to the credit of the Road Fund.

(5) A licensing body which is not a licensing authority shall keep such accounts and make such returns in relation to the excise duty on driving licenses received by them under this article as the Minister shall from time to time direct.

(6) Subject to the preceding paragraphs of this article every provision of the

Roads Act, 1920

, the Act of 1933, the

Finance (Excise Duties) (Vehicles) Act, 1952

, and any orders and regulations made thereunder in relation to driving licences and the excise duty thereon shall apply to driving licences granted under this article, and any reference in such Acts, orders and regulations to a licensing authority shall include a licensing body.

(7) In this article "licensing body " means the corporation of a county borough, the council of a county, the Automobile Association of Suffolk Street, Dublin and the Royal Irish Automobile Club of Dawson Street, Dublin.

16. As respects vehicles registered in the State and persons holding driving licences granted under Part III of the Act of 1933, the Automobile Association of Suffolk Street, Dublin and the Royal Irish Automobile Club of Dawson Street, Dublin are hereby authorised—

(

a

) to issue international driving permits under and in accordance with the Convention of 1949 and to charge for each permit a fee of ten shillings and six pence, and

(

b

) for the purposes of the Convention of 1949 to assign, in accordance with any directions given from time to time by the Minister, identification marks to trailers about to be brought out of the State by a person making a temporary stay out of the State.

FIRST SCHEDULE

PART I

Provisions of the Act of 1933 and of Orders and Regulations which are not to apply to a vehicle registered in a state which is a party to the Convention of 1926

The Minister for Local Government in exercise of the powers conferred on him by

section 12

of the

Roads Act, 1920

,

sections 42

,

67

and

80

of the

Road Traffic Act, 1933

(No. 11 of 1933),

sections 1

and

3

of the

Finance (Excise Duties) (Vehicles) Act, 1952

(No. 24 of 1952) and

section 38

of the

Local Government Act, 1955

(No. 9 of 1955) hereby makes the following regulations and order:—

1.—(1) This Order may be cited as the Mechanically Propelled Vehicles (International Circulation) Order, 1961.

(2) This Order shall come into operation on the first day of January, 1962.

(3) The Road Vehicles (International Circulation) Regulations, 1934 (

S.R. and O. 1934 No. 119

), the Road Traffic (Driving Licence) (Non-Residents) Regulations, 1934 (

S.R. and O. 1934 No. 216

), the Road Traffic (Third Party Risks) (Visiting Motorists) Regulations, 1952 (

S.I. No. 383 of 1952

), the Mechanically Propelled Vehicles (International Circulation) Order, 1955 (

S.I. No. 94 of 1955

), the Public Service Vehicles (International Circulation) Order, 1958 (

S.I. No. 81 of 1958

) and the Road Traffic (Third Party Risks) (Visiting Motorists) Regulations, 1958 (

S.I. No. 82 of 1958

) are hereby revoked.

2.—(1) In this Order—

" the Act of 1933 " means the

Road Traffic Act, 1933

;

" bureau " means a central organisation established by motor insurers in any country outside the State for the purpose of giving effect to international agreements for facilitating compliance by visitors with the laws of countries requiring motorists to insure against third party risks, between whom and the Irish Bureau there is in force for the time being an agreement whereby, in particular, the Irish Bureau agrees to accept in the State on behalf of the said central organisation the same legal liability in respect of an international insurance card as is placed on a vehicle insurer under the Act of 1933 in respect of a certificate of insurance issued by him in accordance with section 68 of the Act of 1933 certifying that an approved policy of insurance has been issued;

" circulation permit " means a circulation permit issued under article 6 of this Order by a registration body;

" the Convention of 1926 " means the international convention relative to road traffic concluded at Paris on the 24th day of April, 1926;

" the Convention of 1949 " means the international convention on road traffic concluded at Geneva on the 19th day of September, 1949;

" driving licence " means a driving licence under Part III of the Act of 1933;

" Dublin Corporation " means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

" exempt from customs duty " means " exempt from customs duty under regulations made by the Minister for Finance under subsection (4) of

section 12

of the

Finance Act, 1934

(No. 31 of 1934) or

section 16

of the

Finance Act, 1961

(No. 23 of 1961) ";

" international certificate " means an international certificate issued in respect of a vehicle under the Convention of 1926;

" international motor insurance card " means a duly completed international motor insurance card issued by a bureau or by the Irish Bureau in or substantially in the form set out in the Second Schedule to this Order;

" the Irish Bureau " means the Irish Visiting Motorists Bureau Limited of 11 Dawson Street, Dublin;

" the Minister " means the Minister for Local Government; " motor vehicle duty " means the duty of excise imposed by

section 1

of the

Finance (Excise Duties) (Vehicles) Act, 1952

;

" registration body " means Dublin Corporation, the Automobile Association of Suffolk Street, Dublin and the Royal Irish Automobile Club of Dawson Street, Dublin;

" registration card " means a registration card issued under article 7 or 8 of this Order by a registration body;

" registration certificate " means (except in article 16) a registration certificate issued in respect of a vehicle in accordance with the Convention of 1949;

" relevant evidence of insurance " in respect of a vehicle means—

(

a

) an international motor insurance card valid in the State in respect of the vehicle, or

(

b

) a certificate of insurance or a certificate of guarantee within the meaning of the Act of 1933, showing that there is in force either an approved policy of insurance, an approved guarantee or an approved combined policy and guarantee covering the driving of the vehicle by the owner of the vehicle (as defined in the Act of 1933) or by other persons on his order or with his consent, or

(

c

) such evidence as satisfies the authority or body to whom application is made for (as the case may be) a circulation permit under article 6 of this Order, for the registration of the vehicle under article 7 of this Order or for a licence under article 8 of this Order that the owner of the vehicle (as defined in the Act of 1933) is either a vehicle insurer or a vehicle guarantor or an exempted person within the meaning of the Act of 1933;

" temporary importation permit " means a temporary importation permit issued by the Revenue Commissioners for display on the vehicle to which it relates;

" vehicle " means a mechanically propelled vehicle;

" visitor " means a person resident outside the State making a temporary stay in the State.

(2) The

Interpretation Act, 1937

(No. 38 of 1937) applies to this Order.

3.—(1) Subject to subarticle (2) of this article, vehicles brought Temporarily into the State by visitors shall be exempt from motor vehicle duty as follows:—

(

a

) a vehicle which has not more than eight seats in addition to the driver's seat and is used for any purpose other than for the conveyance of goods or burden of any other description in the course of trade or business (including agriculture but not the conveyance of samples of goods by a commercial traveller) or the carriage of persons for reward shall be exempt, while in use for any such purpose and for no other purpose, during any period for which the vehicle is exempt from customs duty or for a period of three hundred and sixty-five days from the day on which the vehicle was brought into the State whichever is the lesser;

(

b

) a vehicle which is used for the purpose of the carriage for reward of passengers and their baggage, from or to a place outside the State only, while in use for such purpose and no other purpose shall be exempt during any period for which the vehicle is exempt from customs duty;

(

c

) a vehicle which is used for the purpose of the carriage for reward of visitors with whom contracts for carriage were made outside the State shall be exempt for a period not exceeding thirty-one days in any year, provided that during such period the vehicle is in use for such purpose and for no other purpose;

(

d

) a vehicle which is used for the purpose of the conveyance, from or to a place outside the State only, of goods or burden of any other description in the course of trade or business (including agriculture) shall be exempt, while in use for such purpose and for no other purpose, during any period for which the vehicle is exempt from customs duty.

(2) Each exemption from motor vehicle duty granted by paragraph (1) of this article shall be subject to compliance in respect of the vehicle with paragraph (1) of article 6 and paragraph (1) of article 7 of this Order.