IE
S.I. No. 106/2013 - Commercial Vehicle Roadworthiness (Vehicle Testing) Regulations 2013.
Table of Provisions (16)
Statutory Text (16 Articles)
1. Vehicle identification mark .................................................
2. Category of Vehicle .................................................
3. 00
9.
Motor caravans with three or more.
70.86
35.43
6.00
3.00
10.
Motor caravans with three or more axles
88.58
44.29
6.00
3.00
GIVEN under my Official Seal,
27 March 2013.
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 specify the requirements and arrangements to apply for the compulsory testing of light commercial vehicles and heavy commercial vehicles in accordance with the
Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
(No. 16 of 2012). The Regulations provide for the following
(
a
) the category of commercial vehicles to be tested and timing and frequency of tests;
(
b
) items to be tested or re-tested;
(
c
) the issuance of test reports, pass statements and certificates of roadworthiness and revocation of a pass statement and a certificate of roadworthiness in particlar circumstances;
(
d
) fees payable for tests, re-tests and certificates of roadworthiness; and
(
e
) format of a certificate of roadworthiness.
1 OJ No. L 141, 6.6.2009, p. 12
2 OJ No. L 143, 8.7.2010, p. 47
3 OJ No. L 263, 9.10.2007, p. 1
4 OJ No. L 28, 31.1.2012, p. 24
4. Registered Owner .................................................
5. CVR test operator .................................................
6. Date of Test .................................................
7. 00
8.
Vehicles having a design gross weight not exceeding 3,500 kilograms.
70.86
35.43
6.00
8. (1) On presentation of a pass statement to an issuing authority, accompanied by the fee appropriate to the class of CVR vehicle in accordance with Regulation 12(3), the issuing authority shall issue for the vehicle a certificate of roadworthiness in the form specified in Schedule 2.
(2)(
a
) A certificate of roadworthiness in respect of a class of CVR 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 7.
(
b
) A certificate of roadworthiness in respect of a class of CVR vehicle specified in column (2) of Schedule 1 at reference numbers 9 and 10 is in force—
(i) in the case of a CVR 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 7, or
(ii) in the case of a CVR vehicle which 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 7.
Cancellation of pass statement or certificate of roadworthiness
9. (1) The Authority may revoke a pass statement given by a CVR test operator 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 the Authority under this Regulation any certificate of roadworthiness issued on foot of that pass statement is deemed to stand revoked.
(3) Where the Authority revokes a pass statement under this Regulation the holder shall surrender such pass statement and any certificate of roadworthiness issued on foot of such pass statement to the Authority.
(4) Where a pass statement is revoked, and surrendered to the Authority, under this Regulation—
(
a
) an application may be made to the CVR test operator 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 CVR test operator for the test (and re-test, if appropriate), and
(
b
) the CVR test operator 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 pass statement relates was paid by the person making the application.
(5) Where a certificate of roadworthiness is revoked, and surrendered to the Authority, under this Regulation—
(
a
) an application may be made to the issuing authority that issued the certificate of roadworthiness 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,
(6) Where the Authority revokes a pass statement under this Regulation it shall immediately inform—
(
a
) the CVR test operator 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 CVR vehicle to which the statement relates, and
(
b
) the issuing authority 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 CVR vehicle to which the statement relates.
(7) Where a certificate of roadworthiness stands revoked by virtue of paragraph (2), the Authority shall immediately inform the issuing authority that issued the certificate of the serial number of the pass statement, the date the pass 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 CVR vehicle to which the statement relates.
Replacement certificate of roadworthiness
10. (1) Subject to paragraph (2), an issuing authority may, on application from the owner of a CVR vehicle, issue a replacement certificate of roadworthiness for a vehicle.
(2) An application for a replacement certificate of roadworthiness under paragraph (1) shall—
(
a
) be in writing and 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 CVR vehicle to which the certificate of roadworthiness to be replaced relates, and
(
c
) be accompanied by the fee appropriate to the class of CVR vehicle in accordance with Regulation 12(4).
(3) A replacement certificate of roadworthiness shall contain the marking “REPLACEMENT”.
Application for test
11. An application for a CVR test in respect of a vehicle shall be made by the owner of the vehicle or the owner’s agent to a CVR test operator either in person, by post, by fax, by telephone, or by electronic mail.
Fees
12. (1) The fee to be paid for a CVR test in respect of a class of vehicle specified in column (2) of Schedule 3 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 CVR vehicle specified in column (2) of Schedule 3 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 in respect of a class of CVR vehicle specified in column (2) of Schedule 4 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 in respect of a class of CVR vehicle specified in column (2) of Schedule 3 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 3 are exclusive of any value-added tax which may be applicable.
Regulations 4and 8
SCHEDULE 1
CVR VEHICLE CLASSES
Reference No.(1)
Class of CVR vehicle(2)
1
Mechanically propelled vehicles used for the carriage of passengers with more than 8 seats, excluding the driver’s seat
2
Vehicles having a design gross weight exceeding 3,500 kilograms but not exceeding 7,500 kilograms
3
Vehicles having a design gross weight exceeding 7,500 kilograms with 2 axles
4
Vehicles having a design gross weight exceeding 7,500 kilograms with 3 axles
5
Vehicles having a design gross weight exceeding 7,500 kilograms with 4 or more axles
6
Trailers having a design gross weight exceeding 3,500 kilograms
7
Ambulances
8
Vehicles having a design gross weight not exceeding 3,500 kilograms
9
Motor caravans having 2 axles
10
Motor caravans with 3 or more axles
Regulation 8
SCHEDULE 2
COMMERCIAL VEHICLE ROADWORTHINESS (VEHICLE TESTING) REGULATIONS 2013
CERTIFICATE OF ROADWORTHINESS
SERIAL NUMBER
13. 00
47. 26
73. 83
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
2
nd April
, 2013.
I, LEO VARADKAR, Minister for Transport, Tourism and Sport in exercise of the powers conferred on me by
sections 4
and
5
of the
Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
and for the purpose of giving 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
Citation and commencement