S.I. No. 657/2016 - European Union (Licensing of Drivers) Regulations 2016.

1. (1) These Regulations may be cited as the European Union (Licensing of Drivers) Regulations 2016.

(2) These Regulations come into operation on 1 January 2017.

2. In these Regulations—

“No. 3 Regulations of 2013” means the Road Traffic (Licensing of Drivers) (Amendment) (No. 3) Regulations 2013 (

S.I. No. 420 of 2013

);

“Regulations of 2013” means the Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (

S.I. No. 6 of 2013

).

3. The Road Traffic (Licensing of Drivers) Regulations 2006 (

S.I. No. 537 of 2006

) are amended—

(

a

) in Regulation 27(3), by substituting for subparagraph (

b

) the following

“(

b

) For the purposes of subparagraph (

a

) a driving licence shall, in addition to the categories set out in column (2) of the Table above—

(i) in respect of category B, granted prior to 19 January 2013, be regarded from 19 January 2013 as also being a driving licence in respect of category A with the code 79.03, other than where the driving licence was for category B with the code 73,

(ii) in respect of category A1, granted prior to 19 January 2013, be regarded from 19 January 2013 as a driving licence in respect of category A1 with the code 79.05,

(iii) in respect of category BE, granted prior to 19 January 2013, be regarded from 19 January 2013 as a driving licence in respect of category BE with the code 79.06,

(iv) in respect of category A, granted for the first time on or after 19 January 2013, other than a licence in respect of category A granted in accordance with clause (i), and where the holder is aged less than 24 years, and has not held a licence in respect of category A2 for a minimum period of 2 years, be regarded as a driving licence in respect of category A with the code 80, and

(v) in respect of category A, granted for the first time on or after 19 January 2013, other than a licence in respect of category A granted in accordance with clause (i), and where the holder is aged less than 21 years, be regarded as a driving licence in respect of category A with the code 81.”,

and

(

b

) in Regulation 32—

(i) by substituting for paragraph (1) (amended by Regulation 3 of the Regulations of 2013) the following

“(1) A certificate of competency shall denote the appropriate code or codes set out in column (1) of the Table below to indicate that the recipient of the certificate shall, on taking out a driving licence, be subject to driving vehicles with the restriction or restrictions set out in column (2) of that Table opposite the code in column (1).

TABLE

Code(1)

Restriction(2)

10

Modified transmission

15

Modified clutch

20

Modified braking system

25

Modified accelerator system

31

Pedal adaptations and pedal safeguards

32

Combined service brake and accelerator systems

33

Combined service brake, accelerator and steering systems

35

Modified control layouts

40

Modified steering

42

Modified rear/side view devices

43

Modified driver seating position

44. 12

Motorcycle with adapted hand grip

45

Motorcycle with sidecar only

46

Tricycles only

47

Restricted to vehicles of more than two wheels not requiring balance by the driver for starting, stopping and standing

50

Restricted to a specific vehicle/chassis number (vehicle identification number, VIN)

73

Restricted to category B vehicles of the motor quadricycle type (B1)

78

Restricted to vehicles with automatic transmission

”,

(ii) in paragraph (2) (amended by Regulation 3 of the No. 3 Regulations of 2013)—

(I) by substituting for subparagraphs (

a

) and (

b

) the following

“(

a

) on a driving licence it grants the code or codes indicated on a certificate of competency as referred to in paragraph (1), and

(

b

) on a driving licence or a learner permit it grants the appropriate code or codes set out in column (1) of the Table below to indicate the additional information or restrictions applicable to the licence or permit or to the licence holder or permit holder set out in column (2) of the Table.”,

and

(II) in the Table, by substituting for the codes 01 to 97 set out in column (1) of that Table and the additional information or restrictions set out in column (2) of that Table opposite those codes the following

“

01

Sight correction and/or protection

02

Hearing aid/communication aid

03

Prosthesis/orthosis for the limbs

61

Limited to day time journeys

62(30)

Limited to journeys within a radius of 30 km from holders place of residence

63

Limited to driving without passengers

64(80)

Limited to journeys with a speed not greater than 80 km/h

65

Limited to driving solely when accompanied by a holder of a driving licence of at least the equivalent category

66

Limited to driving without trailer

67

Not permitted to drive on motorways

68

Limited to driving without alcohol

69

Restricted to driving vehicles equipped with an alcohol interlock in accordance with EN 50463

70

Exchange of recognised driving licence

71

Duplicate licence

79

Restricted to vehicles which comply with the specifications indicated in brackets

79. 06

Category BE vehicle where the maximum authorized mass of the trailer exceeds 3500 kg

80

Restricted to category A vehicle motor tricycles until reaches age of 24 years

81

Restricted to category A vehicle of the two-wheel motorcycle type until reaches age of 21 years

95

Driver holding a certificate of professional competence meeting the obligation of professional aptitude provided for by Directive 2003/59/EC

3

of 15 July 2003 until (date in brackets)

96

Category B vehicles combined with a trailer with a maximum authorized mass exceeding 750 kg where the maximum authorized mass of such combination exceeds 3500 kg but does not exceed 4250 kg

97

Not authorised to drive a category C1 vehicle which falls within the scope of Council Regulation (EEC) No. 3821/85 of 20 December 1985

4

”,

and

(iii) by substituting for paragraph (3) the following

“(3) A licensing authority shall—

(

a

) indicate on a driving licence it grants by way of renewal of the licence—

(i) the code 20 instead of code 25, where code 25, or

(ii) the code 25 instead of code 20, where code 20,

prior to 5 July 2004 was indicated on the previous licence,

(

b

) indicate on a driving licence it grants by way of renewal of the licence—

(i) category A with the code 79.03 where the person held a driving licence in category B prior to 19 January 2013 and where the person was not subsequently granted a first driving licence in category B,

(ii) category A1 with the code 79.05 where the person held a driving licence in category A1 prior to 19 January 2013 and where the person was not subsequently granted a first driving licence in category A1, or

(iii) category BE with the code 79.06 where the person held a driving licence in category BE prior to 19 January 2013 and where the person was not subsequently granted a first driving licence in category BE,

(

c

) indicate on a driving licence it grants in exchange of a licence issued by a Member State where a sub-code of any of the codes 01 to 44 is denoted on the licence, the main code to which the restriction relates,

(

d

) indicate on a driving licence it grants in exchange of a licence issued by a member state where a—

(i) code 62 is denoted on the licence, the code 62(30), and

(ii) code 64 is denoted on the licence, the code 64(80).”.

GIVEN under my Official Seal,

23 December 2016.

SHANE ROSS,

Minister for Transport, Tourism and Sport.

1 OJ No. L403, 30.12.2006, p.18

2 OJ No. L107, 25.04.2015, p.68

3 OJ L226, 10.9.2003, p.4

4 OJ L370, 31.12.1985, p.8

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

6

th January

, 2017.

I, SHANE ROSS, 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), for the purpose of giving further effect to Directive No. 2006/126/EC of the European Parliament and of the Council of 20 December 2006

1

as amended by Commission Directive No. 2015/653/EU of 24 April 2015

2

, hereby make the following regulations