IE
S.I. No. 107/2013 - Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013.
Table of Provisions (20)
Statutory Text (20 Articles)
1. Pursuant to
Section 17
of the
Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
,and the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Conferral of Functions) Order 2013, the Road Safety Authority hereby authorises
[Name of CVR tester] ______________
a) to be a CVR tester and ADR tester (delete as appropriate);
b) to carry out CVR tests at CVR testing centres in respect of the following categories of CVR vehicles
[specify categories of CVR vehicles]; and
from the date of this authorisation until suspended or revoked by the Authority or surrendered by you.
2. This authorisation is personal to the person named above and may not be assigned or otherwise transferred to any other person. You may not assign, sub-contract or otherwise transfer any of the obligations of a CVR tester to any other person.
3. Definitions
Terms and expressions used in this authorisation and not otherwise defined in this authorisation shall have the meaning given to them in the Act of 2012.
In this authorisation
“Act of 2012 ”means the
Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
; and
“specified offence ”means an offence specified in section 12(1) of the Act of 2012.
Conditions of authorisation
4. You shall comply with
(
a
) Part 2 of the
Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
(Act of 2012);
(
b
) any regulations made under Part 2 of the Act of 2012;
(
c
) any guidelines issued by the Road Safety Authority under Section 38 of the Act of 2012; and
(
d
) any directions issued by an authorised officer or CVR inspector under Part 2 of the Act of 2012.
5. You shall, for the purposes of carrying out tests, only carry out CVR tests in respect of the categories of vehicles specified in paragraph 1(
b
).
6. You shall undertake such training, including periodic refresher training, as may be specified in regulations made under Part 2 of the Act of 2012 from time to time or as may be directed by an authorised officer.
7. You shall cooperate with, and afford all reasonable assistance to, the Road Safety Authority, authorised officers and CVR inspectors in relation to the supervision and enforcement of matters relating to CVR testing and ADR testing.
8. You shall use the CVR information system installed at the CVR testing centre for the purposes of conducting CVR tests in accordance with any guidelines issued by the Road Safety Authority.
9. Subject to paragraph 10, you shall keep confidential and not disclose to any other person any information, documents, records or data concerning a CVR vehicle, the owner or person presenting a CVR vehicle for a CVR test or the outcome of a CVR test.
10. You may disclose information referred to in paragraph 9
a. to the extent that such disclosure is necessary for the purposes of performing your duties as a CVR tester, to
i. the CVR test operator at whose CVR testing centre you are employed or engaged to carry out CVR tests; and
ii. any other CVR tester at the CVR testing centre you are employed or engaged to carry out CVR tests,
b. to the Road Safety Authority, authorised officers and CVR inspectors; and
c. as may otherwise be required by law.
11. You shall keep confidential and not disclose to any other person the unique identification number which is assigned to you to facilitate your use of the CVR information system. You shall log-out of the CVR information system when vacating the test lane.
12. You shall comply with any request for information from the Road Safety Authority in connection with any matters contemplated by this authorisation or the conduct of CVR testing.
13. Without prejudice to the generality of paragraph 11, you shall
a. where there are any changes to the details submitted to the Road Safety Authority in connection with your application to be authorised as a CVR tester, provide details of such changes to the Road Safety Authority within 5 working days of such changes being made.;
b. notify the Road Safety Authority if you are, or have been, convicted of a specified offence in accordance with section 12 of the Act of 2012.
14. You consent to the use by the Road Safety Authority of CCTV monitoring of the carrying out of CVR tests by you at CVR testing centres.
15. You shall conduct yourself in a proper and orderly manner at all times and you shall conduct any business with owners of vehicles and the agents of such owners, the Road Safety Authority and any authorised officers and CVR inspectors in a polite and helpful manner.
16. You shall be properly attired with a uniform with your first name and CVR tester authorisation number prominently displayed on a badge affixed to the uniform.
17. You shall immediately return this authorisation to the Road Safety Authority in the event that this authorisation is suspended or revoked by the Road Safety Authority or is surrendered by you.
18. You shall not deface, alter or otherwise interfere with this authorisation.
19. You shall ensure that you are not under the influence of an intoxicant (including alcohol or drugs or a combination of both alcohol and drugs)) to the extent that you are in such a state as to endanger your own safety, health or welfare at work or that of any other person or to interfere with CVR testing. You shall comply with all reasonable instructions of the CVR test operator in relation to measures to ensure the safety, health and welfare of persons at the CVR testing centre and the proper conduct of CVR testing.
SCHEDULE 2
Regulations 6 and 9
APPLICATION AND INSPECTION FEES
Part 1
Application fees
Part 2
Inspection fee
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)
The purpose of these Regulations is to provide for the process of authorisation of commercial vehicle roadworthiness (CVR) test operators and CVR testers in accordance with the
Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
(No. 16 of 2012). These Regulations prescribe
• the application forms to be used by persons seeking authorisation, renewal of an authorisation or amendment of an authorisation, as a CVR test operator or a CVR tester;
• the fees payable in respect of such applications;
• the forms of authorisation to be issued by the Road Safety Authority; and
• certain requirements in relation to the suspension or revocation of authorisations.
The Regulations oblige CVR test operators to notify the Road Safety Authority in advance of conducting a roadworthiness test in respect of a CVR vehicle in which the CVR test operator or a CVR tester has a legal or beneficial interest.
1 OJ No. L 263, 9.10.2007, p.1
20. Special conditions
Special conditions relating to the matters contemplated by paragraphs 3 to 20 above that are applicable to the CVR test operator concerning premises, facilities and equipment, records, towage and storage.
Part 3
Application for authorisation as a CVR tester (to be completed by existing CVR testers)
This application form should be completed by CVR testers who are currently authorised for a transitional period of 18 months pursuant to
section 17
of the
Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
, and who now wish to apply for authorisation beyond that transitional period.