(LRC Revised)

Number 16 of 2012

ROAD SAFETY AUTHORITY (COMMERCIAL VEHICLE ROADWORTHINESS) ACT 2012

REVISED

Updated to 1 January 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

Road Safety Authority (Commercial Vehicle

Roadworthiness) Act 2012

. It is prepared by the Law Reform Commission in

accordance with its function under the

Law Reform Commission Act 1975

(3/1975) to

keep the law under review and to undertake revision and consolidation of statute

law.

All Acts up to and including the

Family Courts Act 2024

(48/2024), enacted 13 November 2024, and all statutory

instruments up to and including the

Physiotherapists Registration Board Application for Registration Bye-Law 2025

(S.I. No. 2 of 2025), made 7 January 2025, were considered in the preparation of

this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

16

of

2012

ROAD SAFETY AUTHORITY (COMMERCIAL VEHICLE ROADWORTHINESS) ACT 2012

REVISED

Updated to 1 January 2025

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, commencement, collective citation and construction.

2. Definitions.

3. Regulations.

PART 2

Commercial Vehicle Roadworthiness

Chapter 1

Mandatory roadworthiness testing and certificate of roadworthiness

4. Mandatory roadworthiness testing of certain vehicles.

5. Certificate of roadworthiness.

6. Offence of using CVR vehicle without certificate of roadworthiness.

7. Power to require production of certificate of roadworthiness.

8. Production of certificate of roadworthiness when licensing mechanically propelled

vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952.

Chapter 2

CVR test operators and CVR testers

9. CVR test operators.

10. Transitional provision — authorised testers under Regulations of 2004.

11. Requirements for issue, amendment and renewal of authorisation as CVR test operator.

12. Fit and proper person.

13. Offer of authorisation or amended authorisation as CVR test operator.

14. Amendment of authorisation.

15. Renewal of authorisation as CVR test operator.

16. Applications for authorisation and amendment or renewal of authorisation as CVR

test operator.

17. CVR testers.

18. Suspension of authorisation.

19. Revocation of authorisation.

19A. Provision of false information in application.

20. Notice of revocation.

21. Deciding officers.

22. Appeals from decision of deciding officer.

23. Offence of purporting to be CVR test operator or CVR tester while not so authorised.

24. Authorised officers.

25. Powers of authorised officers — CVR testing.

26. Entry warrant.

27. Form of direction.

28. CVR information system and CVR records.

29. Register of CVR test operators.

Chapter 3

Commercial vehicle roadworthiness maintenance

30. Maintenance of CVR vehicles.

31. Powers of authorised officers — CVR maintenance.

Chapter 4

Roadside roadworthiness inspections

32. Roadside roadworthiness inspections.

33. Appointment of CVR inspectors.

34. Powers of CVR inspector.

35. Powers of CVR inspectors and authorised officers.

Chapter 5

Detention of vehicles, etc. by authorised officers and CVR inspectors

36. Detention of vehicles, etc., by authorised officers and CVR inspectors.

Chapter 6

Road Safety Authority

37. Conferral of functions on Authority.

38. Guidelines.

39. Risk rating system.

40. Directions, notices and notifications.

Chapter 7

Proceedings

41. Certain penalties and prosecutions.

42. Offence by body corporate.

Chapter 8

Miscellaneous amendments

43. Amendment of Second Schedule to Act of 1961 — consequential disqualification.

44. Amendment of Road Traffic Act 2002 — penalty points.

45. Amendment of section 41 of Road Traffic Act 1994 — detention of vehicles.

46. Amendment of Act of 1961 — driving of dangerously defective vehicle.

47. Amendment of Act of 1961 — right to demand name and address, etc.

48. Amendment of Act of 2010.

PART 3

Driver Licensing

49. Amendment of section 4 of Road Safety Authority Act 2006.

50. Amendment of Part III of Act of 1961 — licensing authority.

51. Repeal of section 37 of Act of 1961.

52. Amendment of Road Traffic Act 2002.

53. Amendment of

section 5 of Act of 2006.

(Repealed)

54. Amendment of Act of 2010.

55. Amendment of section 18 of Finance (No. 2) Act 1992.

56. Amendment of Finance Act 1993.

Acts Referred to

Companies Acts

Consumer Credit Act 1995

1995, No. 24

Criminal Justice Act 1994

1994, No. 15

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

2010, No. 6

Criminal Justice (Theft and Fraud Offences) Act 2001

2001, No. 50

Criminal Law (Human Trafficking) Act 2008

2008, No. 8

Finance Act 1993

1993, No. 13

Finance Act 1994

1994, No. 13

Finance Act 2002

2002, No. 5

Finance (Excise Duties) (Vehicles) Act 1952

1952, No. 24

Finance (No. 2) Act 1992

1992, No. 28

Firearms Acts 1925 to 2009

Illegal Immigrants (Trafficking) Act 2000

2000, No. 29

Local Government (Financial Provisions) Act 1997

1997, No. 29

Motor Vehicles (Duties and Licences) Act 2003

2003, No. 5

Non-Fatal Offences Against the Person Act 1997

1997, No. 26

Road Safety Authority Act 2006

2006, No. 14

Road Traffic Act 1961

1961, No. 24

Road Traffic Act 1968

1968, No. 25

Road Traffic Act 1994

1994, No.7

Road Traffic Act 2002

2002, No. 12

Road Traffic Act 2006

2006, No. 23

Road Traffic Act 2010

2010, No. 25

Road Traffic Acts 1961 to 2011

Road Traffic (No. 2) Act 2011

2011, No. 28

Road Transport Act 2011

2011, No. 31

Roads Act 1993

1993, No. 14

Roads Act 2007

2007, No. 34

Safety, Health and Welfare at Work Acts 2005 and 2010

Sex Offenders Act 2001

2001, No. 18

Taxes Consolidation Act 1997

1997, No. 39

Number

16

of

2012

ROAD SAFETY AUTHORITY (COMMERCIAL VEHICLE ROADWORTHINESS) ACT 2012

REVISED

Updated to 1 January 2025

AN ACT TO PROVIDE FOR A SYSTEM TO ENSURE THE ROADWORTHINESS OF COMMERCIAL VEHICLES,

TO PROVIDE FOR THE CONFERRAL OF FUNCTIONS ON THE ROAD SAFETY AUTHORITY IN RELATION

TO SUCH SYSTEM, TO GIVE FURTHER EFFECT TO DIRECTIVE 2006/22/EC OF THE EUROPEAN PARLIAMENT

AND OF THE COUNCIL OF 15 MARCH 2006 IN RELATION TO THE INTRODUCTION OF A RISK RATING

SYSTEM, TO AMEND THE ROAD TRAFFIC ACTS 1961 TO 2011 AND, IN RELATION TO DRIVER LICENSING,

CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.

[30

th May

, 2012]

BE IT ENACTED BY THE OIREACHTAS

AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Functions transferred to Road Safety Authority (27.03.2013) by

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Conferral of Functions)

Order 2013

(S.I. No. 104 of 2013), art. 3, in effect as per art. 2.

3. The functions of the Minister for Transport, Tourism and Sport under

sections 5

(1),

9

(1) and (2),

11

(other than subsection (2)),

12 to 15

,

16

(2),

17 to 22

,

24

and

33

of the

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

(No. 16 of 2012) are conferred on the Road Safety Authority.

Editorial Notes

E1

Deemed certificate of roadworthiness for purposes of Act prescribed (25.09.2013)

by

Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations 2013

(S.I. No. 347 of 2013), reg. 25(4), in effect as per reg. 2.

Annotations

Modifications (not altering text)

C1

Functions transferred to Road Safety Authority (27.03.2013) by

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Conferral of Functions)

Order 2013

(S.I. No. 104 of 2013), art. 3, in effect as per art. 2.

3. The functions of the Minister for Transport, Tourism and Sport under

sections 5

(1),

9

(1) and (2),

11

(other than subsection (2)),

12 to 15

,

16

(2),

17 to 22

,

24

and

33

of the

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

(No. 16 of 2012) are conferred on the Road Safety Authority.

Editorial Notes

E1

Deemed certificate of roadworthiness for purposes of Act prescribed (25.09.2013)

by

Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations 2013

(S.I. No. 347 of 2013), reg. 25(4), in effect as per reg. 2.

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, commencement, collective citation and construction.

2. Definitions.

3. Regulations.

PART 2

Commercial Vehicle Roadworthiness

Chapter 1

Mandatory roadworthiness testing and certificate of roadworthiness

4. Mandatory roadworthiness testing of certain vehicles.

5. Certificate of roadworthiness.

6. Offence of using CVR vehicle without certificate of roadworthiness.

7. Power to require production of certificate of roadworthiness.

8. Production of certificate of roadworthiness when licensing mechanically propelled

vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952.

Chapter 2

CVR test operators and CVR testers

9. CVR test operators.

10. Transitional provision — authorised testers under Regulations of 2004.

11. Requirements for issue, amendment and renewal of authorisation as CVR test operator.

12. Fit and proper person.

13. Offer of authorisation or amended authorisation as CVR test operator.

14. Amendment of authorisation.

15. Renewal of authorisation as CVR test operator.

16. Applications for authorisation and amendment or renewal of authorisation as CVR

test operator.

17. CVR testers.

18. Suspension of authorisation.

19. Revocation of authorisation.

19A. Provision of false information in application.

20. Notice of revocation.

21. Deciding officers.

22. Appeals from decision of deciding officer.

23. Offence of purporting to be CVR test operator or CVR tester while not so authorised.

24. Authorised officers.

25. Powers of authorised officers — CVR testing.

26. Entry warrant.

27. Form of direction.

28. CVR information system and CVR records.

29. Register of CVR test operators.

Chapter 3

Commercial vehicle roadworthiness maintenance

30. Maintenance of CVR vehicles.

31. Powers of authorised officers — CVR maintenance.

Chapter 4

Roadside roadworthiness inspections

32. Roadside roadworthiness inspections.

33. Appointment of CVR inspectors.

34. Powers of CVR inspector.

35. Powers of CVR inspectors and authorised officers.

Chapter 5

Detention of vehicles, etc. by authorised officers and CVR inspectors

36. Detention of vehicles, etc., by authorised officers and CVR inspectors.

Chapter 6

Road Safety Authority

37. Conferral of functions on Authority.

38. Guidelines.

39. Risk rating system.

40. Directions, notices and notifications.

Chapter 7

Proceedings

41. Certain penalties and prosecutions.

42. Offence by body corporate.

Chapter 8

Miscellaneous amendments

43. Amendment of Second Schedule to Act of 1961 — consequential disqualification.

44. Amendment of Road Traffic Act 2002 — penalty points.

45. Amendment of section 41 of Road Traffic Act 1994 — detention of vehicles.

46. Amendment of Act of 1961 — driving of dangerously defective vehicle.

47. Amendment of Act of 1961 — right to demand name and address, etc.

48. Amendment of Act of 2010.

PART 3

Driver Licensing

49. Amendment of section 4 of Road Safety Authority Act 2006.

50. Amendment of Part III of Act of 1961 — licensing authority.

51. Repeal of section 37 of Act of 1961.

52. Amendment of Road Traffic Act 2002.

53. Amendment of

section 5 of Act of 2006.

(Repealed)

54. Amendment of Act of 2010.

55. Amendment of section 18 of Finance (No. 2) Act 1992.

56. Amendment of Finance Act 1993.

Number

16

of

2012