IE
S.I. No. 193/1981 - European Communities (Vehicle Testing) Regulations, 1981.
Table of Provisions (17)
Statutory Text (17 Articles)
1. BRAKING SYSTEMS.
1.1. Service brake.
1.1.1. Mechanical condition.
1.1.2. Efficiency.
1.1.3. Balance.
1.1.4. Vacuum pump and compressor.
1.2. Secondary brake.
1.2.1. Mechanical condition.
1.2.2. Efficiency.
1.2.3. Balance.
1.3. Parking brake
1.3.1. Mechanical condition.
1.3.2. Efficiency.
1.4. Trailer or semi-trailer brakes.
1.4.1. Mechanical condition.
— Automatic braking system.
1.4.2. Efficiency.
2. STEERING AND STEERING WHEEL.
2.1. Mechanical condition.
2.2. Steering wheel.
2.3. Steering play.
3. VISIBILITY.
3.1. Field of vision.
3.2. Condition of glass.
3.3. Rear view mirrors.
3.4. Windscreen wipers.
4. LAMPS, REFLECTORS AND ELECTRICAL EQUIPMENT.
4.1. Main and dipped-beam headlamps.
4.1.1. Condition and operation.
4.1.2. Alignment.
4.1.3. Switches.
4.1.4. Visual efficiency.
4.2. Side lamps and end-outline marker lamps.
4.2.1. Condition and operation.
4.2.2. Colour and visual efficiency.
4.3. Stop lamps.
4.3.1. Condition and operation.
4.3.2. Colour and visual efficiency.
4.4. Direction-indicator lamps.
4.4.1. Condition and operation.
4.4.2. Colour and visual efficiency.
4.4.3. Switch.
4.4.4. Flashing frequency.
4.5. Rear registration plate lamp.
4.6. Reflex reflectors and rear and side markings.
—Condition and colour.
4.7. Electrical connections between tractor vehicle and trailer or semi-trailer.
4.8. Electrical wiring.
4.9. Tell tales.
5. AXLES, WHEELS, TYRES, SUSPENSION.
5.1. Axles.
5.2. Wheels and tyres.
5.3. Suspension.
6. CHASSIS AND CHASSIS ATTACHMENTS.
6.1. Chassis or frame and attachments.
6.1.1. General condition.
6.1.2. Exhaust pipes and silencers.
6.1.3. Fuel tank and pipes.
6.1.4. Spare wheel carrier.
6.1.5. Coupling mechanism on tractor vehicles, trailers and semi-trailers.
6.2. Cab and bodywork.
6.2.1. General condition.
6.2.2. Mounting.
6.2.3. Doors and locks.
6.2.4. Floor.
6.2.5. Drivers seat.
6.2.6. Running boards.
7. OTHER EQUIPMENT.
7.1. Safety belts.
7.2. Locks and anti-theft devices.
7.3. Warning triangle.
7.4. Wheel chock(s) (Trailers).
7.5. Audible warning device.
7.6. Speedometer.
7.7. Tachograph (presence of, and integrity of seals).
8. NUISANCE.
8.1. Noise.
8.2. Exhaust emissions.
8.3. Suppression of radio interference.
9. SUPPLEMENTARY TESTS FOR PUBLIC TRANSPORT VEHICLES.
9.1. Emergency exit(s).
signs indicating emergency exit(s).
9.2. Seat lay-out.
9.3. Interior lighting.
9.4. Fire extinguisher.
9.5. First-aid kit.
10. VEHICLE IDENTIFICATION.
10.1. Registration number plate.
10.2. Chassis number.
GIVEN under the Official Seal of the Minister for the Environment
this 26th day of May, 1981.
RAPHAEL P. BURKE,
Minister for the Environment.
EXPLANATORY NOTE.
These Regulations provide for the annual testing of certain categories of commercial vehicles i.e. goods vehicles, trailers and semi-trailers over 1½ tons unladen weight, buses with more than eight seats, taxis in a taximeter area and ambulances, and the issue of Certificates of Roadworthiness, with effect from the 1st January, 1982.
11. (1) An authorised officer appointed by the issuing authority may enter the premises used or proposed to be used by an authorised tester at all reasonable times:—
(
a
) to ascertain whether the premises and its equipment are suitable for carrying out a roadworthiness test;
(
b
) to ascertain whether roadworthiness tests are being carried out in a fit and proper manner having regard to recommendations made under article 7 in regard to the carrying out of such tests;
(
c
) to inspect any records which are required to be kept under article 8 of these Regulations.
(2) An authorised officer appointed by the Minister may:—
(
a
) inspect any records which an issuing authority is required to keep under the provisions of these Regulations;
(
b
) enter the premises used or proposed to be used by an authorised tester at all reasonable times for the purpose of inspecting the premises and its equipment and for the purpose of observing the manner in which roadworthiness tests are carried out.
(3) In this article reference to the premises of an authorised tester includes a reference to the premises of a person who has made application for appointment as an authorised tester.
12. (1) It shall be an offence for a person to use in a public place a vehicle to which these Regulations apply and which has been first registered in a Member State of the European Economic Communities more than one year prior to such use unless there is in force in respect of the vehicle a certificate of roadworthiness issued under these Regulations within the previous twelve months or in the case of a vehicle registered in a Member State of the European Economic Communities other than the State there is in force a certificate or other document issued in accordance with the Council Directive showing that the vehicle has passed a roadworthiness test complying with the provisions of the Council Directive.
(2) Where, in a prosecution of an offence under sub-article (1) of this article, it is shown that a demand having been made under article 13 of these Regulations,
(
a
) the person to whom the demand was made refused or failed to produce a certificate of roadworthiness or a certificate or other document referred to in sub-article (1), or
(
b
) such person, having produced a certificate of roadworthiness or a certificate or other document referred to in sub-article (1) consequent upon the demand, refused or failed to permit the member of the Garda Síochána to whom such certificate was produced 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 sub-article (1) of this article.
(3) The existence of a certificate of roadworthiness shall not affect any prosecution for an offence under the Road Traffic Acts, 1961 to 1978 and the Regulations made thereunder or under the European Communities (Road Transport) (Recording Equipment) Regulations, 1979 (
S.I. No. 24 of 1979
) or under the European Communities (Radio Interference from Vehicle Ignition System) Regulations, 1973 (
S.I. No. 331 of 1973
).
13. (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 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 or a certificate or other document referred to in sub-article (1) of article 12 in respect of the vehicle in force on the occasion and, if the person refuses or fails to produce such certificate then and there, he shall be 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 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 or a certificate or other document referred to in sub-article (1) of article 12 in respect of the vehicle in force on the occasion and, if the owner refuses or fails to produce any such certificate within three days after the day on which the production was demanded he shall be guilty of an offence.
(3) Where a person produces a certificate of roadworthiness or a certificate or other document referred to in sub-article (1) of article 12 to a member of the Garda Síochána but refuses or fails to permit the member to read and examine it, he shall be guilty of an offence and the member may demand of him his name and address.
(4) Where a person whose name and address is demanded refuses or fails to give his name and address or gives a name or address which is false or misleading he shall be guilty of an offence.
(5) A member of the Garda Síochána may arrest without warrant:—
(
a
) a person who refuses or fails to produce a certificate or other document referred to in sub-article (1) of article 12 demanded under sub-article (1) of this article;
(
b
) a person who pursuant to this article produces a certificate or other document referred to in sub-article (1) of article 12 but refuses or fails to permit the member to read and examine it; or
(
c
) a person who, when his name and address is demanded of him by the member under this article, refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading.
14. A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
15. Fees received by issuing authorities under the provisions of these Regulations shall be paid into and disposed of for the benefit of the Exchequer.
16. All expenses properly incurred by an issuing authority in discharging its functions under these Regulations shall be recouped to the issuing authority in such manner as the Minister for Finance directs out of moneys provided by the Oireachtas.
FIRST SCHEDULE.
VEHICLE TESTING.
EUROPEAN COMMUNITIES (VEHICLE TESTING) REGULATIONS, 1981.
Serial Number
Certificate of Roadworthiness.
S.I. No. 193 of 1981.
EUROPEAN COMMUNITIES (VEHICLE TESTING) REGULATIONS, 1981.
The Minister for the Environment in exercise of the powers conferred on him by
Section 3
of the
European Communities Act, 1972
(No. 27 of 1972) and for the purpose of giving effect to Council Directive (No. 77/143/EEC)
(1)
hereby makes the following Regulations:—