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S.I. No. 356/1991 - European Communities (Vehicle Testing) Regulations, 1991.
Table of Provisions (21)
Statutory Text (21 Articles)
1. Braking Systems.
1.1 Service brake.
1.1.1 Mechanical condition.
1.1.2 Efficiency.
1.1.3 Balance.
1.2 Parking brake.
1.2.1 Mechanical condition.
1.2.2 Efficiency.
2. Steering.
2.1. Mechanical condition.
2.2 Steering play.
2.3 Steering system attachment.
2.4 Wheel bearings.
3. Visibility.
3.1 Field of vision.
3.2 Condition of glass.
3.3 Rear-view mirrors.
3.4 Windscreen wipers.
3.5 Screenwashers.
4. Lighting Equipment.
4.1 Main and dipped-beam headlamps.
4.1.1 Condition and operation.
4.1.2 Alignment.
4.1.3 Switches.
4.2 Condition and operation, condition of lenses, colour and visual efficiency of
4.2.1 Side and rear lamps.
4.2.2 Stop lamps.
4.2.3 Direction-indicator lamps.
4.2.4 Registration plate lamps.
4.2.5 Reflex reflectors.
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 Security of coupling mechanism (if fitted).
6.2 Bodywork.
6.2.1 Structural condition.
6.2.2 Doors and locks.
7. Other equipment.
7.1 Mounting of driver's seat.
7.2 Mounting of battery.
7.3 Audible warning device.
7.4 Safety belts.
7.4.1 Security of mountings.
7.4.2 Condition of belts.
7.4.3 Operation.
8. Nuisance.
8.1 Noise.
8.2 Exhaust emissions.
9. Vehicle identification.
9.1 Registration number plate.
9.2 Chassis number.
GIVEN under the Official Seal of the Minister for the Environment,
this 20th day of December, 1991.
RORY O'HANLON,
Minister for the Environment.
EXPLANATORY NOTE.
The Regulations provide for the phased extension of compulsory roadworthiness testing to light goods vehicles over 4 years old, every 2 years by 1st January, 1995, as required by Council Directive 88/449/EEC of 26th July, 1988.
(1)
(1)
OJ No. L222/10 of 12/8/1988.
The Regulations also set out revised fees for the testing of various categories of vehicles by authorised testing stations; and related documentation fees payable to motor tax offices.
The Regulations also clarify the exemption of agricultural trailers from compulsory roadworthiness testing.
The Regulations consolidate, with technical amendments, vehicle testing Regulations dating back to 1981.
10. Vehicle identification.
10.1 Registration number plate.
10.2 Chassis number.
FOURTH SCHEDULE.
ITEMS TO BE TESTED.
11. (1) An issuing authority may make an order cancelling a pass statement given by an authorised tester whom the authority has appointed if the authority has reasonable grounds for believing that the pass statement was improperly or invalidity given.
(2) Where a pass statement has been cancelled under sub-article (1) of this article, any certificate of roadworthiness issued on foot of that pass statement under article 10 of these Regulations shall be deemed to be cancelled.
(3) Where an issuing authority makes an order under sub-article (1) of this article cancelling a pass statement, a member of the Garda Siochana or an authorised officer appointed by the issuing authority may demand, either in person or in writing, the giving up to the issuing authority or to the member or to the authorised officer of—
(
a
) in a case where a certificate of roadworthiness has been issued under article 10 of these Regulations on foot of the pass statement, the certificate of roadworthiness, or
(
b
) in a case where a certificate of roadworthiness has not yet so issued, the pass statement,
either from the owner of the vehicle which was the subject of the pass statement which was cancelled or from the holder of the certificate or statement.
(4) Where a demand is made under sub-article (3) of this article and a person to whom the demand is made refuses or fails to give up the certificate or statement, as the case may be, that person shall be guilty of an offence.
(5) Where a pass statement has been cancelled and given up to an issuing authority pursuant to this article,
(
a
) any person may make an application to the authorised tester who carried out the test to which the cancelled pass statement relates to be re-imbursed moneys paid by that person to the authorised tester as the fee for the test, and
(
b
) the authorised tester shall make the re-imbursement referred to in paragraph (
a
) of this sub-article if the tester is satisfied that the fee was paid by the person making the application.
(6) Where a certificate of roadworthiness is deemed to be cancelled under sub-article (2) of this article by virtue of the cancellation of a pass statement and the certificate has been given up to the issuing authority which cancelled the pass statement pursuant to this article:—
(
a
) any person may make application to that issuing authority to be re-imbursed in respect of the fee paid for the certificate of roadworthiness, and
(
b
) that issuing authority shall re-imburse the fee if it is satisfied that the fee was paid by the person making the application.
(7) Any fee re-imbursed pursuant to sub-article (6) of this article shall be an expense properly incurred for purposes of article 18 of these Regulations.
(8) Where an issuing authority cancels a pass statement:—
(
a
) it shall forthwith inform the authorised tester who gave the pass statement of the serial number of the pass statement and the reason for the cancellation,
(
b
) it shall forthwith inform the Minister for the Environment of the date of cancellation, the reason for the cancellation, the serial number of the pass statement, the serial number of any certificate of roadworthiness issued on foot of the pass statement and the registration number of the vehicle which was the subject of the pass statement, and
(
c
) where a certificate of roadworthiness is deemed to be cancelled under sub-article (2) of this article by virtue of the cancellation by an issuing authority of a pass statement under sub-article (1) of this article and the issuing authority which cancelled the pass statement is not the issuing authority which issued the certificate of roadworthiness, then it shall forthwith inform the issuing authority which issued the certificate of roadworthiness.
12. (1) An authorised officer appointed by the Minister or 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 8 in regard to the carrying out of such tests, and
(
c
) to inspect any records or documentation kept by an authorised tester in relation to the testing, repair, or sale of a vehicle to which these Regulations apply.
(2) An authorised officer appointed by the issuing authority 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.
(3) An authorised officer appointed by the Minister may:—
(
a
) inspect any records or documentation which an issuing authority is required to keep under the provisions of these Regulations, and
(
b
) 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.
(4) In this article reference to the premises used or proposed to be used by an authorised tester includes a reference to the premises proposed to be used by a person or body who has made application for appointment as an authorised tester.
13. (1) A member of the Garda Siochana shall have power to stop any mechanically propelled vehicle or combination of vehicles to which these Regulations apply and to 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 is roadworthy.
(2) For the purposes of carrying out the inspection of a vehicle or combination of vehicles referred to in sub-article (1) of this article, a member of the Garda Siochana may do all such things and make all such requirements in relation to the vehicle or combination of vehicles as are reasonably necessary.
(3) For the purpose of sub-article (2) of this article and without prejudice to the generality of the powers conferred thereby, a member of the Garda Siochana may—
(
a
) require the person in charge of a mechanically propelled vehicle or combination of vehicles to bring it to a convenient place indicated by the member, suitable for the carrying out of an inspection and examination under this article and not more than 10 miles distance by the shortest available route from the place at which the requisition is made, and to carry the member in the vehicle or combination of vehicles,
(
b
) drive a mechanically propelled vehicle or combination of vehicles for a reasonable time and distance,
(
c
) require the person in charge of a mechanically propelled vehicle or combination of vehicles to drive it or cause it to be driven for a reasonable time and distance in such direction and manner and at such speed as the member directs, and to carry the member in it while it is being so driven, and
(
d
) 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, examined or tested a mechanically propelled vehicle under this article, has reasonable grounds for believing that there is a defect affecting it which is such that it is, when in use, a danger to the public, he may—
(
a
) instruct the person in charge that it is not to be driven in a public place until the defect has been remedied,
(
b
) require the person in charge of the vehicle or the owner to submit it for further examination and test at a specified place and date.
(5) A person who refuses to stop a vehicle or combination of vehicles, or to permit an inspection, examination or test of a vehicle or any part thereof, or to comply with any requisition or instruction in accordance with the provisions of sub-articles (1) to (4) of this article shall be guilty of an offence.
(6) A member of the Garda Siochana may be accompanied by, and assisted by, an authorised officer, when carrying out an inspection, examination or test referred to in sub-articles (1), (2) or (3) of this article.
14. (1) (
a
) 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 current certificate of roadworthiness issued under article 10 of these Regulations or, in the case of a taxi, unless there is in force a public service vehicle licence granted by the Commissioner of the Garda Siochana in pursuance of the powers vested in him under article 6 of the Road Traffic (Public Service Vehicles) (Licensing) Regulations, 1978 (
S.I. No. 292 of 1978
) or, in the case of a vehicle to which the Council Directive applies and which is registered in a Member State of the European 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.
(
b
) Where a person contravenes paragraph (
a
) of this sub-article such person and, if that person is not the owner of the vehicle, such owner, shall each be guilty of an offence.
(
c
) Where a person who contravenes paragraph (
a
) of this sub-article is not the owner of the vehicle and the owner is charged with an offence under this sub-article, it shall be a good defence to the charge for such owner to show that the use of the vehicle on the occasion in question was unauthorised.
(
d
) A person shall not be liable to penalty under this sub-article in relation to the use of a vehicle in a public place without a current certificate of roadworthiness being in force in respect of the vehicle where such use is licensed under a temporary licence issued in accordance with section 6 (1) of the Roads Act 1920, provided such use is solely for the purpose of bringing the vehicle to or from the premises of an authorised tester or to or from a garage or other premises for the purpose of effecting repairs to the vehicle.
(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 15 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) of this article, or
(
b
) such person, having produced a certificate of roadworthiness or a certificate or other document referred to in sub-article (1) of this article 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 current certificate of roadworthiness shall not affect any prosecution for an offence under the Road Traffic Acts, 1961 to 1987 and the Regulations made thereunder or under the European Communities (Road Transport) (Recording Equipment) Regulations, 1986 (
S.I. No. 393 of 1986
) or under the European Communities (Radio Interference from Vehicle Ignition System) Regulations, 1973 (
S.I. No. 331 of 1973
).
15. (1) Where a member of the Garda Siochana 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 such person the production of a certificate of roadworthiness or a certificate or other document referred to in sub-article (1) of article 14 in respect of the vehicle which was current on the occasion, and if that person refuses or fails to produce such certificate then and there he shall, unless within ten days after the day on which production was demanded, he produces such certificate or other document in person to a member of the Garda Síochána at a Garda Siochana Station named by the person at the time at which the production was demanded, be guilty of an offence.
(2) Where a member of the Garda Siochana 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 14 in respect of the vehicle which was current on the occasion and, if the owner refuses or fails to produce such certificate or other document then and there he shall, unless within ten days after the day on which production was demanded he produces such certificate or other document in person to a member of the Garda Siochana at a Garda Siochana Station named by the owner at the time at which such production was demanded, 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 14 to a member of the Garda Siochana 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 pursuant to this article 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 14 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 14 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 pursuant to this article, refuses or fails to give his name or address, or gives a name or address which the member has reasonable grounds for believing to be false or misleading.
16. A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.
17. Fees received by issuing authorities under the provisions of these Regulations shall be paid into and disposed of for the benefit of the Exchequer.
18. 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.
19. The Road Vehicles (Registration and Licensing) Regulations, 1982 (
S.I. No. 311 of 1982
) are hereby amended by—
(
a
) the addition after sub-article (6) of article 2 of the following sub-article:—
"(7) On application for a licence for a vehicle to which the European Communities (Vehicle Testing) Regulations, 1991, apply, the owner shall produce to the licensing authority a current certificate of roadworthiness relating to the vehicle issued under those Regulations.", and
(
b
) the insertion in article 3 after "of sub-article (5)" of "and of sub-article (7)".
20. Sub-section (1) of section 6 of the Roads Act, 1920 is hereby amended by the insertion of the following paragraph after "or on both in the prescribed manner"—
"Provided that in the case of a vehicle to which the European Communities (Vehicle Testing) Regulations, 1991 apply, the following provisions shall apply—
(1) the licensing authority shall issue a temporary licence which shall be valid for a period of one month;
(2) the licensing authority shall not issue any further licence required by this Act, unless the vehicle owner produces to the authority, within the period of one month referred to in sub-paragraph (1), a current certificate of roadworthiness for the vehicle issued in accordance with the provisions of the European Communities (Vehicle Testing) Regulations, 1991, and".
FIRST SCHEDULE.
Column
Column
Column
Column
Column
1
2
3
4
5
Vehicle Class
Period of time since first reg.
End of period of currency of cert.
Schedule of items to be tested
Fee Category
S.I. No. 356 of 1991.
EUROPEAN COMMUNITIES (VEHICLE TESTING) REGULATIONS, 1991.
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