S.I. No. 710/2011 - European Communities (Vehicle Testing) (Amendment) Regulations 2011.

1. These Regulations may be cited as the European Communities (Vehicle Testing) (Amendment) Regulations 2011.

2. (1) These Regulations (other than Regulation 3(6)) come into operation on 1 March 2012.

(2) Regulation 3(6) comes into operation on 31 December 2011.

3. 00

”.

4. Regulation 3 of the Principal Regulations is amended—

(

a

) by substituting for paragraph (1) the following—

“(1) Subject to paragraph (2), these Regulations apply to—

(

a

) vehicles, used for the carriage of passengers, with more than eight seats, excluding the driver’s seat (categories M2 and M3),

(

b

) goods vehicles (categories N1, N2 and N3),

(

c

) goods trailers (categories O3 and O4),

(

d

) ambulances (special purpose vehicles in category M), and

(

e

) motor caravans first registered on or after 1 January 1980 (special purpose vehicles in category M).”

(

b

) by inserting after paragraph (2) the following—

“(3) For the avoidance of doubt, a living van is a goods vehicle for the purpose of these Regulations.”

5. The Principal Regulations are amended by substituting for Regulation 4 the following—

“4.(1) The first test due date for a vehicle of a class specified in column (2) of Schedule 1 at reference numbers 1 to 7 in column (1) 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,

(

b

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

(

c

) after 31 August 2003, is the first anniversary of its first registration.

(3) The relevant first test due date mentioned in paragraphs (1) and (2) and each subsequent annual anniversary of that date are the test due dates for a vehicle of a class specified in column (2) of Schedule 1 at reference numbers 1 to 8 in column (2).

(4) Subject to paragraph (5), the first test due date for a vehicle of a class specified in column (2) of Schedule 1 at reference numbers 9 and 10 in column (1) is the fourth anniversary of first registration and tests shall thereafter be due—

(

a

) until the vehicle has reached the tenth anniversary of its first registration, on each subsequent biennial anniversary of the first test due date,

(

b

) when the vehicle has reached the tenth anniversary of its first registration, on each anniversary of its first test due date.

(5) A vehicle to which paragraph (4) applies and in respect of which there is in force, at the date of the commencement of the European Communities (Vehicle Testing) (Amendment) Regulations 2011 (S.I. No. of 2011), a certificate of roadworthiness issued under these Regulations, shall not on account of these Regulations alone be required to be submitted for testing until the earlier of—

(

a

) the expiration of the relevant certificate of roadworthiness, or

(

b

)31 December 2013

and, after the earlier such date or event, the relevant test due date shall be the date prescribed for that vehicle by paragraph (4).”

6. 00

7. 00

8

Vehicles having a design gross weight not exceeding 3,500 kilograms.

8. Regulation 15 of the Principal Regulations is amended by substituting for paragraph (2) the following—

“(2)(

a

) A certificate of roadworthiness in respect of a class of vehicle specified in column (2) of Schedule 1 at reference numbers 1 to 8 is in force from the date of its issue until the expiration of 12 months from the date of the test in respect of which the pass statement was given under Regulation 14.

(

b

) A certificate of roadworthiness in respect of a class of vehicle specified in column (2) of Schedule 1 at reference numbers 9 and 10 is in force—

(i) in the case of a vehicle which has not reached the tenth anniversary of its first registration, from the date of its issue until the expiration of 24 months from the date of the test in respect of which the pass statement was given under Regulation 14, or

(ii) in the case of a vehicle has has reached the tenth anniversary of its first registration, from the date of its issue until the expiration of 12 months from the date of the test in respect of which the pass statement was given under Regulation 14.”

9. Regulation 18 of the Principal Regulations is amended by substituting “the Directive” for “the Council Directive” in both places in which it occurs.

10. The Principal Regulations are amended by substituting for Schedule 1 (inserted by the European Communities (Vehicle Testing) (Amendment) Regulations 2007 (

S.I. No. 709 of 2007

)) the following—

“Regulations 4, 11 and 12

SCHEDULE 1

Reference No.(1)

Class of vehicle(2)

Fee(3)€

Fee(4)€

Fee(5)€

Fee(6)€

1

Mechanically propelled vehicles used for the carriage of passengers with more than 8 seats, excluding the driver’s seat.

11. The Principal Regulations are amended by deleting Schedules 2 and 3.

12. Regulation 3(1) of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2000 (

S.I. No. 224 of 2000

) is amended by deleting the words “, having a design gross vehicle weight exceeding 5,000 kilograms”.

13. The European Communities (Vehicle Testing) (Amendment) Regulations 2007 (

S.I. No. 709 of 2007

) are revoked.

GIVEN under my Official Seal,

22 December 2011.

LEO VARADKAR,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

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

These Regulations amend the European Communities (Vehicle Testing) Regulations 2004 (

S.I. No. 771 of 2004

) for the purposes of

• including provision for the mandatory testing, from 1 March 2012, of motor caravans;

• reflecting the replacing of Council Directive 96/96/EC of 20 December 1996 by Directive 2009/40/EC of the European Parliament and the Council of 6 May 2009, as amended by Commission Directive 2010/48/EU of 5 July 2010; and

• reflecting the change in the title of the relevant minister.

These Regulations also amend the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 2000 (

S.I. No. 224 of 2000

) in respect of their application to passenger vehicles not exceeding 5,000 kilograms.

These Regulations revoke the European Communities (Vehicle Testing) (Amendment) Regulations 2007 (

S.I. No. 709 of 2007

).

1 OJ No. L 141, 6.6.2009, p. 12.

2 OJ No. L 173, 8.7.2010, p. 47.

1 OJ No. L 141, 6.6.2009, p. 12.

2 OJ No. L 173, 8.7.2010, p. 47.

3 OJ No. L 263, 9.10.2007, p. 1.

4 OJ No. L 292, 31.10.2008, p. 1.

5 OJ No. L 35, 4.2.2009, p. 1.

6 OJ No. L 35, 4.2.2009, p. 32.

7 OJ No. L 118, 13.5.2009, p. 13.

8 OJ No. L 188, 18.7.2009, p. 1.

9 OJ No. L 200, 31.7.2009, p. 1.

10 OJ No. L 72, 20.3.2010, p. 17.

11 OJ No. L 110, 1.5.2010, p. 1.

12 OJ No. L 53, 26.2.2011, p. 4.

13 OJ No. L 167, 25.6.2011, p. 1.

14 OJ No. L 185, 15.7.2011, p. 30.

35. 43

44. 29

47. 26

53. 15

59. 08

70. 86

73. 83

82. 69

88. 58

94. 52

106. 30

118. 16

147. 67

165. 38

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

3

rd January

, 2012.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, 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 further effect to Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009

1

, as amended by Commission Directive 2010/48/EU of 5 July 2010

2

, hereby make the following regulations