S.I. No. 285/1989 - Road Traffic (Licensing of Drivers) Regulations, 1989

S.I. No. 285 of 1989.

ROAD TRAFFIC (LICENSING OF DRIVERS) REGULATIONS, 1989.

ARRANGEMENT OF ARTICLES

PART I PRELIMINARY AND GENERAL

ARTICLE

1. Citation.

2. Commencement.

3. Interpretation.

4. Forms.

5. Categories of vehicles.

6. Provisions ancillary to article 5.

7. Excepted vehicles.

8. Minimum ages.

9. Disqualifying diseases or disabilities.

10. Keeping of records by licensing authorities.

11. Furnishing of information and inspection of records.

12. Disposition of fees.

13. Penal regulations.

PART II DRIVING LICENCES

14. Form of driving licence and period of grant.

15. Application for driving licence.

16. Grant of driving licence.

17. Duplicate driving licence.

PART III PROVISIONAL LICENCES

18. Application of provisions of the Act to provisional licences.

19. Form, period and effect of provisional licence.

20. Fee for provisional licence.

21. Limitations on application for provisional licence.

22. Application for provisional licence.

23. Grant of provisional licence.

24. Duplicate provisional licence.

PART IV CERTIFICATES OF COMPETENCY

25. Issuing authority and delegation of functions.

26. Form and period of validity of certificate of competency.

27. Fee for certificate of competency.

28. Driving test.

29. Persons whose applications for driving licences are required to be accompanied by certificates of competency.

30. Application for certificate of competency.

31. Deferred decision on application for a certificate of competency.

32. Appeal against decision on application for a certificate of competency.

33. Duplicate certificate of competency.

PART V HEALTH AND FITNESS

34. Issuing authority and delegation of functions.

35. Relevant aspects of a person's physical and mental condition.

36. Form and period of validity of certificate of fitness.

37. Form of report.

38. Fee for certificate of fitness.

39. Application for certificate of fitness.

40. Deferred decision on application for certificate of fitness.

41. Duplicate certificate of fitness.

42. Requirement to provide medical report and eyesight report.

PART VI ENDORSEMENTS AND DISQUALIFICATIONS

43. Interpretation.

44. Application to recognised driving licences.

45. Where consequential disqualification order is made.

46. Where ancillary disqualification order is made.

47. Where special disqualification order is made.

48. Where order for endorsement in case of conviction is made.

49. Where disqualification is removed.

50. Delivery of licence in certain cases.

51. Notification of making or orders.

52. Retention of licence by licensing authority.

53. Penal regulations.

54. Duplicate licences in certain cases.

PART VII MISCELLANEOUS PROVISIONS

55. Wearing of corrective lenses.

56. Adaptations to vehicle for disabled person.

57. Exchange for third country licence.

58. Photographs.

59. Evidence of identity.

60. Revocations.

61. Transitional and saving provisions.

SCHEDULES

FIRST SCHEDULE

Scheduled forms

SECOND SCHEDULE

Disqualifying diseases or disabilities

THIRD SCHEDULE

Diseases or disabilities where medical report is required

FOURTH SCHEDULE

Driving operations to be carried out during driving test

FIFTH SCHEDULE

Eyesight standards

SIXTH SCHEDULE

Aspects and standards of physical and mental fitness

SEVENTH SCHEDULE

Regulations revoked

S.I. No. 285 of 1989.

ROAD TRAFFIC (LICENSING OF DRIVERS) REGULATIONS, 1989.

The Minister for the Environment, in exercise of the powers conferred on him by sections 5 , 23 (2), 31 , 33 , 34 , 35 , 38 (7) and 42 of the Road Traffic Act, 1961 (No. 24 of 1961) hereby makes the following Regulations:—

PART I PRELIMINARY AND GENERAL

1 Citation.

1.

1. These Regulations may be cited as the Road Traffic (Licensing of Drivers) Regulations, 1989.

2 Commencement.

2.

2. These Regulations shall come into operation on the 13^th day of November, 1989.

3 Interpretation.

3.

3. (1) In these Regulations, save where the context otherwise requires—

"the Act" means the Road Traffic Act, 1961 (No. 24 of 1961);

"the Act of 1933" means the Road Traffic Act, 1933 (No. 11 of 1933);

"articulated vehicle" means the combination of a mechanically propelled vehicle (other than a bicycle) and a drawn vehicle attached by partial superimposition and so constructed and attached that not less than 20 per cent of the weight of the drawn vehicle is borne by the mechanically propelled vehicle;

"automatic transmission" means a system, for the transmission of power from an internal combustion engine to drive a vehicle, which is automatic or semi-automatic so that a clutch pedal is not provided for the driver's use and includes a system where gear changes can be pre-selected;

"category" means any one of the categories of vehicles specified in article 5 of these Regulations and, save where the context otherwise requires, includes a sub-category of any such category;

"commencement day" in relation to a driving licence or a provisional licence means the first day of the period for which the licence may be granted;

"cylinder capacity" means the cylinder capacity of an engine of a vehicle as calculated in accordance with article 30 of the Road Vehicles (Registration and Licensing) Regulations, 1982 ( S.I. No. 311 of 1982 );

"date of application" means the date on which an application for a certificate of competency or a certificate of fitness is received by an issuing authority;

"design gross vehicle weight", in relation to a vehicle, has the meaning assigned to it by sub-article (2) of this article;

"driver tester" means an officer of the Minister appointed by him to carry out tests under section 33 of the Act;

"land tractor" means a vehicle (other than a cycle) which has at least two axles and which:—

( a ) is constructed primarily for use on land to pull, push, carry or operate tools, machines or trailers used in connection with agriculture, forestry, land levelling, dredging or similar operations, and

( b ) is not constructed itself primarily to carry a load other than a load which is incidental to its use as a tractive vehicle;

"motorcycle" means a mechanically propelled bicycle with or without a sidecar;

"passenger accommodation" means seating passenger accommodation determined in accordance with the Road Traffic (Passenger Accommodation of Mechanically Propelled Vehicles) Regulations, 1962 ( S.I. No. 143 of 1962 );

"recognised driving licence" has the meaning assigned to it by article 29 (6) of these Regulations;

"registered ophthalmic optician" means a person registered in the Register of Ophthalmic Opticians kept by the Board under the Opticians Act, 1956 (No. 17 of 1956);

"test" means a test carried out under section 33 of the Act;

"the Minister" means the Minister for the Environment;

"the revoked Regulations" means the Road Traffic (Licensing of Drivers) Regulations, 1964 ( S.I. No. 29 of 1964 );

"trailer" means a vehicle attached to a mechanically propelled vehicle for the purpose of being drawn by the mechanically propelled vehicle;

"vehicle", save in relation to the definition of a trailer means a mechanically propelled vehicle;

"without limitation" means without being limited to a specified type of vehicle belonging to a category;

"work vehicle" means a vehicle (other than a land tractor) which is incapable of exceeding a speed of 40 kilometres per hour and which is constructed primarily for any work other than the conveyance by road of goods or burden of any other description.

• (2) The "design gross vehicle weight" of a vehicle means the gross weight of the vehicle laden with the heaviest load which it can reasonably carry having regard to the engine capacity, brakes, tyres and general construction of the vehicle and shall, until the contrary is shown, be taken to be:—

( a ) the design gross vehicle weight indicated on the certificate of roadworthiness last issued in relation to the vehicle under the European Communities (Vehicle Testing) Regulations, 1981 ( S.I. No. 193 of 1981 ),or

( b ) where paragraph (a) of this sub-article is not applicable the design gross vehicle weight of a vehicle shall be—

• (i) the design gross weight of the vehicle as specified by the manufacturer or distributor of the vehicle, or

• (ii) where the design gross weight of the vehicle as specified by the manufacturer or distributor is not ascertainable, the design gross weight of the vehicle as specified by an automative engineer.

• (3) In these Regulations a reference to a form shall be construed as a reference to such form or to a form substantially to the like effect.

• (4) ( a ) In these Regulations a reference to a scheduled form shall be construed as a reference to such one of the forms specified in the First Schedule to these Regulations as is applicable to the case.

( b ) The forms specified in the said First Schedule shall be in terms approved by the Minister from time to time.

4 Forms.

4.

4. The Minister may cause to be printed and provided the forms of driving licences and provisional licences and of applications for such licences and of declarations, records, returns, books of account and other documents required under the provisions of these Regulations or being reasonably necessary for the purpose of these Regulations and may direct licensing authorities to arrange for the printing of any forms or other documents refered to in this article.

5 Categories of vehicles.

5.

5. Vehicles shall be divided, for the purposes of Part III of the Act, into the categories set out in column 1 of the following Table and the vehicles of a category shall, subject to article 6 of these Regulations, be those set out in column 2 of the said Table opposite the mention in column 1 of that category.

TABLE

Column 1	Column 2
Category	Vehicles in Category
A	Motorcycles
A1	Motorcycles with an engine capacity not exceeding 125 cubic centimetres
B	Vehicles (other than motorcycles) having a design gross vehicles weight not exceeding 3,500 kg and having passenger accommodation for not more than 8 persons
C	Vehicles having a design gross vehicle weight exceeding 3,500 kg and having passenger accommodation for not more than 8 persons
C1	Vehicles in category C having a design gross vehicle weight not exceeding 7,500 kg
D	Vehicles having passenger accommodation for more than 8 persons.
D1	Vehicles in category D having passenger accommodation for not more than 16 persons.
EB	Combinations of vehicles with drawing vehicle in category B
EC	Combinations of vehicles with drawing vehicle in category C
EC1	Combinations of vehicles with drawing vehicles in category C1
ED	Combinations of vehicles with drawing vehicle in category D
ED1	Combinations of vehicles with drawing vehicle in category D1
W	Work vehicles and land tractors.

6 Provisions ancillary to article 5.

6.

6. (1) A combination of vehicles which consists of a drawing vehicle and a trailer shall, for the purposes of these regulations, be regarded as a vehicle:—

( a ) in category B where the drawing vehicle is in category B and the design gross vehicle weight of the trailer does not exceed the unladen weight of the drawing vehicle and the total design gross vehicle weight of the combination does not exceed 3,500 kg,

( b ) in category B, C1, C, D1 or D where the drawing vehicle is in category B, C1, C, D1 or D, respectively, and the design gross vehicle weight of the trailer does not exceed 750 kg,

( c ) in category W where the drawing vehicle is in category W.

• (2) A motorcycle which is powered by electrical power shall, for the purposes of article 5 of these Regulations, be deemed to have an engine capacity not exceeding 125 cubic centimetres where the power output does not exceed 11 kilowatts.

• (3) A combination of vehicles with combined passenger accommodation for more than 8 persons shall, for the purposes of these Regulations, be a vehicle in

( a ) category ED1 where the drawing vehicle is in category D1 and the combination of vehicles has passenger accommodation for not more than 16 persons,

( b ) category ED in any other case.

7 Excepted vehicles.

7.

7. The pedestrian-controlled vehicles which are excepted from subsections (1), (2), (3), (4) and (5) of section 38 and from sections 40 and 41 of the Act shall be pedestrian-controlled vehicles which are neither constructed nor adapted for use for carrying the driver or a passenger and which do not exceed 407 kg in weight unladen.

8 Minimum ages.

8.

8. The age set out in column 2 of the following Table opposite the mention of a category in column 1 of the said Table shall be the age below which a person shall be disqualified for holding a driving licence or a provisional licence in respect of vehicles of that category.

TABLE.

Column 1	Column 2
Category	Age in Years
A1 or W	16
B or EB	17
A, C1, C, EC1 or EC	18
D1, D, ED1 or ED	21

9 Disqualifying diseases or disabilities.

9.

9. Any of the diseases or disabilities specified in the Second Schedule to these Regulations shall be a disease or disability for the purpose of subsection (1) of section 32 of the Act and a sufferer therefrom shall be disqualified for holding any provisional licence or driving licence whatsoever.

10 Keeping of records by licensing authorities.

10.

10. A licensing authority shall keep such records in relation to driving licences, provisional licences and licences granted by them under Part III of the Act of 1933 as the Minister may from time to time direct.

11 Furnishing of information and inspection of records.

11.

11. (1) A licensing authority shall, on request and free of charge, supply to any other licensing authority, to a member of the Garda Siochana or to an authorised officer of the Minister such information as is requested in relation to a driving licence, provisional licence or licence under Part III of the Act of 1933 granted by the authority or any notification received by the authority under Part VI of these Regulations.

• (2) A licensing authority shall, on request and on payment of a fee of two pounds, supply to any person who satisfies the authority that he has reasonable cause therefor such information as is requested in relation to a driving licence, provisional licence or licence under part III of the Act of 1933 granted to any specified person by the authority.

• (3) A licensing authority shall, on request, admit a member of the Garda Siochana or an authorised officer of the Minister to the offices of the licensing authority while such offices are open for business and shall permit such member or officer to inspect the records and other documents which the licensing authority are required to keep in accordance with the provisions of these Regulations and to make copies thereof.

12 Disposition of fees.

12.

12. Fees received by the Minister or by a licensing authority under these Regulations shall be paid into and disposed of for the benefit of the Exchequer.

13 Penal regulation.

13.

13. (1) A licensing authority or an officer of such authority shall not grant a driving licence, a provisional licence, or a duplicate of either such licence and a person empowered under these Regulations in that behalf shall not issue a certificate save in accordance with the Act and these Regulations.

• (2) This Regulation shall be a penal regulation.

PART II. DRIVING LICENCES.

14 Form of driving licence and period of grant.

14.

14. (1) A driving licence shall be in a scheduled form.

• (2) A driving licence shall, subject to sub-articles (3) and (4) of this article, be granted for a period of:—

( a ) three years or ten years, at the discretion of the applicant, where the applicant is less than 60 years of age on the commencement day, or

( b ) three years where the applicant is 60 years of age or more on the commencement day.

• (3) A driving licence may be granted for a period of one year where the application for the licence is required under these Regulations to be accompanied by a certificate of fitness and the certificate of fitness is for limited period which is less than three years

• (4) A driving licence may be granted for the period beginning on the commencement day and ending on the day before the applicant attains the age of 70 years in case where the applicant is on the commencement day 60 years of age or more but less than 67 years of age.

15 Application for driving licence.

15.

15. (1) An application for a driving licence shall be made on a scheduled form and the applicant shall furnish the information and make the declaration indicated on that form.

• (2) Unless an application for a driving licence is accompanied by a medical report in pursuance of paragraph (f) of sub-article (4) of this article or the applicant is a person to whom sub-article (5) of this article applies, the application shall contain a declaration by the applicant that to the best of his knowledge and belief he is not suffering from any of the diseases or disabilities specified in the Second and Third Schedules to these Regulations, that he has not suffered in the past from epilepsy or alcoholism and that he is not taking, on a regular basis, drugs or medicaments which would be likely to cause the driving of a vehicle by him in a public place to be a source of danger to the public.

• (3) An application by the holder of a driving licence for a driving licence shall not be made more than one month before the date of expiry of the driving licence held by the applicant except where the applicant is applying for a driving licence in respect of vehicles of a category which the applicant is not then licensed to drive.

• (4) An application for a driving licence shall be accompanied by—

( a ) where the applicant is the holder of a driving licence, such licence,

( b ) where the applicant is the holder of a provisional licence, such licence,

( c ) where the applicant, not being the holder of a driving licence, held a driving licence for any period within the period of five years preceding the commencement day, the last such licence granted to him,

( d ) where the applicant, not being the holder of a provisional licence, held such a licence for any period within the period of five years preceding the commencement day, the last such licence granted to him unless, subsequent to the grant of such licence, he was granted a driving licence,

( e ) where the applicant is a person whose application is required under article 29 of these Regulations to be accompanied by a certificate of competency, such certificate of competency,

( f ) where the applicant is a person whose application is required under article 42 of these Regulations to be accompanied by a medical report, such medical report,

( g ) two photographs of the applicant in accordance with article 58 of these Regulations,

( h ) any evidence of identity required under article 59 of these Regulations.

• (5) An application for a driving licence by a person in respect of whom the licensing authority are satisfied that—

( a ) a previous application by him for a driving licence or a provisional licence was accompanied by a medical report in respect of the category or categories to which the application relates, and

( b ) that report is still applicable,

shall not be required to contain the declaration specified in sub-article (2) of this article where the application is accompanied by a declaration by the applicant to the effect that since he last applied for a driving licence or a provisional licence his health has not suffered any deterioration which affects to a material extent his ability to drive.

• (6) An applicant for a driving licence, who at the time of application is the holder of a driving licence, shall surrender that licence to the licensing authority where the commencement day of the licence applied for is the day on which it is granted.

• (7) The provisions of paragraphs (a), (b), (c) and (d) of sub-article (4) of this article and of sub-article (6) of this article shall not apply in a case where the licensing authority are satisfied that the relevant licence has been lost or destroyed and the authority obtain particulars of that licence.

16 Grant of driving licence.

16.

16. Where an application for a driving licence is duly made to a licensing authority, the authority shall complete a scheduled form by entering thereon the particulars indicated on that form and shall affix thereto a photograph of the applicant.

17 Duplicate driving licence.

17.

17. (1) The holder of a driving licence may apply to the licensing authority which granted it for a duplicate of that licence and the application shall be on a scheduled form and shall be accompanied by:—

( a ) two photographs of the applicant in accordance with article 58 of these Regulations, and

( b ) any evidence of identity required under article 59 of these Regulations.

• (2) Where the licensing authority are satisfied that the driving licence (in this article referred to as the original licence) in respect of which such application is made has been lost, destroyed or mutilated they may, on payment of a fee of four pounds issue such duplicate.

• (3) A duplicate driving licence issued under this article shall consist of the scheduled form clearly marked DUPLICATE, which shall have been completed by the licensing authority by entering thereon the particulars which were entered on the original licence and by affixing thereto a photograph of the applicant.

• (4) Before issuing such duplicate driving licence, the licensing authority shall endorse on it any endorsement or note of production of a certificate of competency or of a certificate of fitness which was endorsed or noted on the original licence.

• (5) A duplicate licence issued under this article shall be a driving licence of the same effect as the original licence.

PART III PROVISIONAL LICENCES

18 Application of provisions of the Act to provisional licences.

18.

18. The provisions of subsections (2), (4) and (5) of section 22, sections 26 and 27, subsections (1), (3), (4) and (5) of section 28 and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act shall apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence except that—

( a ) a consequential or ancillary disqualification order shall not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he has produced to the appropriate licensing authority a certificate of competency,

( b ) the application of subsection (5) of section 22 of the Act to provisional licences shall not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a category or categories, for applying for a provisional licence in respect of that category or any of those categories for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he is required to produce a certificate of competency,

( c ) where the holder of a provisional licence in respect of vehicles of a category for any period has been granted a certificate of competency in respect of that category, he shall not by virtue of the application of subsection (5) of section 22 of the Act to provisional licences, be disqualified for applying for a driving licence in respect of that category for any period within the period for which the provisional licence has been granted.

19 Form, period and effect of provisional licence.

19.

19. (1) A provisional licence shall be in a scheduled form.

• (2) A provisional licence shall be granted for a period of two years beginning on—

( a ) in case the licence is granted during a period during which a provisional licence previously granted to the applicant remains unexpired—the day following the expiration of the provisional licence previously granted, and

( b ) in any other case — the day on which the licence is granted.

• (3) Subject to the provisions of Part III of the Act the period during which a provisional licence shall have effect shall be the period for which the licence is granted.

• (4) ( a ) In this sub-article "qualified person" in relation to a holder of a provisional licence means a person who holds a driving licence licensing him to drive the vehicle which the holder of the provisional licence is licensed to drive.

( b ) Subject to paragraph (c) of this sub-article, a provisional licence shall, on coming into effect, licence the holder to drive a vehicle of any category for which the licence is granted on any occasion during the period specified in the licence provided that the following conditions are complied with—

• (i) a person provisionally licensed to drive vehicles of category A1 or A shall not carry a passenger in or on such a vehicle,

• (ii) a person provisionally licensed to drive a vehicle shall not carry in the vehicle any passenger for reward.

• (iii) a person provisionally licensed to drive vehicles of category B, C1, C, D1, D, EB, EC1, EC, ED1 or ED shall not drive such a vehicle unless there are displayed on the vehicle rectangular plates or signs bearing the letter "L" not less than fifteen centimetres high in red on a white ground, in clearly visible vertical positions to the front and rear of the vehicle,

• (iv) a person provisionally licensed to drive vehicles of category B, C1, C, D1, D, EB, EC1, EC, ED1 or ED shall not drive such a vehicle unless he is accompanied by and is under the supervision of a qualified person,

• (v) a person provisionally licensed to drive vehicles of category W shall not carry a passenger in or on such a vehicle unless the vehicle is constructed or adapted to carry a passenger and such passenger is a qualified person.

• (vi) notwithstanding article 6 of these Regulations, a person provisionally licensed to drive vehicles of category B, C1, C, D1 or D shall not drive such a vehicle while the vehicle is drawing a trailer.

( c ) (i) The conditions set out in paragraph (b) of this sub-article shall not apply while the holder of the licence is driving a vehicle in the course of undergoing a driving test or driving a vehicle of a category in respect of which he holds a valid certificate of competency, or, where that certificate contains a statement that in relation to a category of vehicle it is limited to a specified type of vehicle, while he is driving a vehicle of that type.

• (ii) The conditions at paragraphs (b) (iii) and (b) (iv) of this sub-article shall not apply in respect of a pedestrian-controlled vehicle.

• (iii) The condition at paragraph (b) (iv) of this sub-article shall not apply to a vehicle which is constructed or adapted for use by a person suffering from a physical handicap and which is not constructed or adapted to carry a passenger.

• (iv) The condition at paragraph (b) (iv) of this sub-article shall not apply to the driving of a vehicle in category B by a person to whom a provisional licence in respect of vehicles in class C under the revoked regulations was granted prior to 12 August, 1985 or to a person who is driving a vehicle in category B during the period of validity of a second provisional licence granted to him in respect of such vehicles.

20 Fee for provisional licence.

20.

20. The fee to be pa/id to a licensing authority on application for a provisional licence shall be twelve pounds.

21 Limitations on application for provisional licence.

21.

21. (1) A person shall not apply for a provisional licence to drive vehicles of a category where he has held two or more provisional licences in respect of vehicles of that category (other than a provisional licence which has been surrendered pursuant to sub-article (8) of article 22 of these Regulations) unless, within the period of two years ending on the date of application, he made an application for a certificate of competency to drive, or underwent a driving test in relation to, vehicles of that category and produces evidence to that effect to the licensing authority.

• (2) A person shall not apply for a first provisional licence in respect of vehicles in—

( a ) category A unless the person holds a driving licence in respect of vehicles in category A1 and held such a driving licence for a period of at least two years during the period of five years preceding the commencement day.

( b ) category C, D1 or D unless the person holds a driving licence in respect of vehicles in category B or C1,

( c ) category EB, EC1, EC, ED1, or ED unless the person holds a driving licence in respect of the drawing vehicle appropriate to the category which is the subject of the application.

• (3) An application for a provisional licence in respect of a category of vehicles shall be regarded as an application for a first provisional licence in respect of that category unless the applicant held a driving licence or a provisional licence in respect of that category at some time within the period of five years preceding the commencement date.

• (4) A recognised driving licence shall be regarded as a driving licence for the purposes of sub-articles (2) and (3) of this article.

22 Application for provisional licence.

22.

22. (1) An application for a provisional licence shall be made on a scheduled form and the applicant shall furnish the information and make the declaration indicated on that form.

• (2) An application for a provisional licence shall contain a declaration that the applicant has a satisfactory knowledge of the Rules of the Road.

• (3) Unless an application for a provisional licence is accompanied by a medical report in pursuance of paragraph (e) of sub-article (5) of this article or the applicant is a person to whom sub-article (6) of this article applies, the application shall contain a declaration by the applicant that to the best of his knowledge and belief he is not suffering from any of the diseases or disabilities specified in the Second and Third Schedules to these Regulations, that he has not suffered in the past from epilepsy or alcoholism and that he is not taking, on a regular basis, drugs or medicaments which would be likely to cause the driving of a vehicle by him in a public place to be a source of danger to the public.

• (4) An application by the holder of a provisional licence for a provisional licence shall not be made more than one month before the date of expiry of the provisional licence held by him except where he is applying for a provisional licence in respect of vehicles of a category which he is not then licensed to drive.

• (5) An application for a provisional licence shall be accompanied by—

( a ) where the applicant is the holder of a driving licence, such licence,

( b ) where the applicant is the holder of a provisional licence, such licence,

( c ) where the applicant, not being the holder of a driving licence, held a driving licence for any period within the preceding five years, the last such licence granted to him,

( d ) where the applicant, not being the holder of a provisional licence, held such a licence for any period within the preceding five years, the last such licence granted to him unless, subsequent to the grant of such licence, he was granted a driving licence,

( e ) save in the circumstances specified in sub-article (7) of this article, where the applicant is a person whose application is required under article 42 of these Regulations to be accompanied by a medical report or eyesight report, such report,

( f ) two photographs of the applicant in accordance with article 58 of these Regulations,

( g ) any evidence of identity required under article 59 of these Regulations, and

( h ) a birth certificate in relation to the applicant where the applicant has not held a driving licence or a provisional licence within the period of five years preceding the commencement day and is not the holder of a recognised driving licence.

• (6) ( a ) An application for a provisional licence by a person in respect of whom the licensing authority are satisifed that—

• (i) a previous application by him for a driving licence or a provisional licence was accompanied by a medical report in respect of the category or categories to which the application relates, and

• (ii) that report is still valid,

shall not be required to contain the declaration specified in sub-article (3) of this article where the application is accompanied by a declaration by the applicant to the effect that since he last applied for a driving licence or a provisional licence his health has not suffered any deterioration which affects to a material extent his ability to drive.

( b ) An application for a provisional licence by a person in respect of whom the licensing authority are satisfied that he has applied for a certificate of fitness and that a decision on that application has within the period of twelve months preceding the commencement day been deferred pending the production of a certificate of competency shall not be required to contain the declaration specified in sub-article (3) of this article.

• (7) An application for a provisional licence by a person whose application is required under article 42 of these Regulations to be accompanied by a medical report or eyesight report shall not be required to be accompanied by such a report where the licensing authority are satisifed that a decision on an application by such person for a certificate of fitness has within the period of twelve months preceding the commencement day been deferred pending the production of a certificate of competency.

• (8) An applicant for a provisional licence, who at the time of application is the holder of a provisional licence shall surrender that licence to the licensing authority where the commencement day of the licence applied for is the day on which it is granted.

• (9) The provisions of paragraphs (a), (b), (c) and (d) of sub-article (5) and sub-article (8) of this article shall not apply in a case where the licensing authority are satisfied that the relevant licence has been lost or destroyed and the authority obtain particulars of that licence.

23 Grant of provisional licence.

23.

23. (1) Where an application for a provisional licence is duly made the licensing authority shall complete a scheduled form by entering thereon the particulars indicated and shall affix thereto a photograph of the applicant.

• (2) Where an application for a provisional licence to drive vehicles of category B is duly made the licensing authority shall impress in black ink on the scheduled form the number "1" where the licence granted to the applicant for that category of vehicle is the first such provisional licence granted to him, the number "2" where the licence granted is the second such provisional licence granted to him and the number "3" in the case of any subsequent such licence granted to him.

24 Duplicate provisional licence.

24.

24. (1) The holder of a provisional licence may apply to the licensing authority which granted it for a duplicate of that licence and an application for such a duplicate shall be on a scheduled form and shall be accompanied by:—

( a ) two photographs of the applicant in accordance with article 58 of these Regulations, and

( b ) any evidence of identity required under article 59 of these Regulations.

• (2) Where the licensing authority are satisfied that the provisional licence (in this article referred to as the original licence) in respect of which such application made has been lost, destroyed or mutilated they may, on payment of a fee of four pounds, issue such duplicate.

• (3) A duplicate provisional licence issued under this article shall consist of a scheduled form clearly marked DUPLICATE which shall have been completed by the licensing authority by entering thereon the particulars which were entered on the original licence and by affixing thereto a photograph of the applicant.

• (4) Before issuing such duplicate provisional licence, the licensing authority shall endorse on it any endorsement or note of production of a certificate of competency or of a certificate of fitness which was endorsed or noted on the original licence.

• (5) A duplicate licence issued under this article shall be a provisional licence of the same effect as the original licence.

PART IV CERTIFICATES OF COMPETENCY

25 Issuing authority and delegation of functions.

25.

25. (1) The issuing authority for the purposes of section 33 of the Act shall be the Minister and in this Part the expression "issuing authority" means, save where the context otherwise requires, the Minister.

• (2) The functions of the issuing authority under subsection (4) of section 33 of the Act are hereby delegated to driver testers.

26 Form and period of validity of certificate of competency.

26.

26. (1) A certificate of competency shall be in a scheduled form.

• (2) A certificate of competency shall be signed forthwith by the person to whom it is issued.

• (3) A certificate of competency shall cease to be valid—

( a ) on the expiration of a period of two years after the date of issue, unless within that period—

• (i) the person to whom it is issued produces it to a licensing authority in pursuance of a disqualification order under section 26, 27 or 28 of the Act or to the issuing authority for the purposes of section 34 of the Act in a case where a decision on an application by him for a certificate of fitness has been deferred pending production of a certificate of competency, or

• (ii) it accompanies, pursuant to the provisions of these Regulations, an application for a driving licence by the person to whom it is issued,

( b ) on the making of a disqualification order under sections 26, 27 or 28 of the Act subsequent to the date of issue of the certificate, where such order disqualifies the person to whom the certificate is issued for holding a driving licence until he produces to the appropriate licensing authority a certificate of competency and that requirement is not annulled on appeal.

27 Fee for certificate of competency.

27.

27. (1) The fee to be paid to the issuing authority on application for a certificate of competency shall be—

( a ) £36 where the application relates to vehicles of category EB, EC1, EC, ED1 or ED,

( b ) £28 where the application relates to vehicles of category C1, C, D1, or D,

( c ) £19 in any other case.

• (2) A person who does not submit to a test for a certificate of competency arranged pursuant to an application made by him shall not, subject to sub-article (3) of this article, be given a further test unless he makes a fresh application for a certificate of competency.

• (3) Where a person does not submit to a test for a certificate of competency arranged pursuant to an application made by him, the issuing authority may refund the fee paid in respect of the application or arrange a further test pursuant to the application without requiring a fresh application provided that, in either case, the issuing authority:—

( a ) receives from the applicant not later than ten days before the date arranged for the first-mentioned test, notification of his decision not to submit to the test, or

( b ) is satisfied that the applicant had adequate reason for not undergoing the first-mentioned test.

• (4) Where the issuing authority refund the fee paid by a person in respect of an application for a driving test that person shall not be regarded for the purposes of article 21 (1) of these Regulations, as a person who has applied for a driving test by virtue of that application.

28 Driving test.

28.

28. (1) The test to be carried out prior to the giving of a decision under subsection (4) of section 33 of the Act shall consist of an oral test of the applicant's knowledge of the Rules of the Road and a practical test in driving in a vehicle, driven by the applicant, of the category in respect of which application for a certificate of competency is duly made.

• (2) The test shall be of such a nature as to enable the driver tester to satisfy himself whether the applicant—

( a ) has a satisfactory knowledge of the Rules of the Road,

( b ) can carry out satisfactorily on a road all or any of the operations specified in the Fourth Schedule to these Regulations,

( c ) complies satisfactorily with the Rules of the Road while driving,

( d ) is competent generally to drive vehicles of the category in respect of which the application is duly made or, where the application is one to which section 22 of the Road Traffic Act 1968 applies, to drive vehicles of the type in respect of which the application is made without danger to and with due regard for the safety and convenience of other persons.

• (3) Every vehicle to be provided by an applicant for the purpose of a test shall comply with the following conditions:

( a ) it shall have a seat for at least one person in addition to the driver, unless it is a vehicle of category A1, A or W or it is a vehicle which is neither constructed nor adapted to carry a passenger,

( b ) it shall be in a roadworthy condition,

( c ) it shall be of a type sufficiently representative of its category, except where it is being provided in pursuance of an application to which section 22 of Road Traffic Act, 1968 , applies,

( d ) if it is the drawing component of an articulated vehicle it shall have attached thereto the drawn component of such vehicle, and

( e ) it shall comply with any requirements which may be laid down by the Minister in relation to such vehicles under sub-article (6) of this article.

• (4) In a case where a vehicle is required to have a seat for at least one person in addition to the driver, the driver tester shall accompany the applicant during the practical test.

• (5) The test shall be held at such place and at such time as may be determined by the issuing authority.

• (6) Without prejudice to the generality of sub-article (3) of this article, the Minister may from time to time lay down requirements in relation to—

( a ) the type of vehicle to be provided by an applicant for the purpose of a test,

and

( b ) the documentary or other evidence to be provided by the applicant to indicate that the vehicle complies with such requirements.

• (7) The issuing authority shall not test or cause to be tested a person in relation to the driving of vehicles of any category unless the person holds a provisional licence in respect of vehicles of the category in relation to which the test is to be carried out.

29 Persons whose applications for driving licences are required to be accompanied by certificates of competency.

29.

29. (1) ( a ) An application by a person for a driving licence shall be accompanied by a certificate of competency where the application relates to a category or categories without limitation or to a specified type of vehicle belonging to a category in respect of which the applicant is not or was not for any period within the period of five years preceding the commencement day the holder of a driving licence issued in the State, unless

• (i) the application—

• (A) is made by a person who holds a recognised driving licence and who surrenders such licence to the licensing authority with the application,

• (B) relates to a category or categories without limitation, or to a specified type of vehicle belonging to a category, in respect of which the applicant holds such licence,

• (C) is accompanied by a statement by the applicant that such licence is valid at the date of application, or

• (ii) the applicant is a person who as a member of the Permanent Defence Force within a period of five years prior to the date of application held a permit issued by the Director Cavalry Corps or the Director Supply and Transport Corps to drive vehicles of the category to which the application relates and whose application is accompanied by a certificate by either such Director that the applicant is competent to drive vehicles of that category, or

• (iii) the applicant is a person who as a member of the Garda Síochána within a period of five years prior to the date of application held a certificate issued by or on behalf of the Assistant Commissioner (Training) in the Garda Síochána to drive vehicles of the category to which the application relates and whose application is accompanied by a certificate by or on behalf of the said Assistant Commissioner that the person is competent to drive vehicles of that category, or

• (iv) the application relates to vehicles in a category set out in column 1 of the following Table and the conditions set out in column 2 of the Table opposite the mention in column 1 of that category are complied with.

TABLE

Column 1	Column 2
Category	Conditions
ED	The applicant holds a driving licence in respect of vehicles in category D and—
	(a) the application is accompanied by a certificate of competency in respect of vehicles in category EC, or
	(b) the applicant holds a driving licence in respect of vehicle in category EC.
ED1	The applicant holds a driving licence in respect of vehicles in category D1 and—
	(a) the application is accompanied by a certificate of competency in respect of vehicles in category EC or EC1, or
	(b) the applicant holds a driving licence in respect of vehicles in category EC or EC1.

( b ) An applicant for a driving licence shall be regarded for the purposes of paragraph (a) (iv) of this sub-article as being the holder of a driving licence in respect of vehicles of a category where the person was the holder of a driving licence issued in the State in respect of vehicles of that category for any period within the period of five years preceding the commencement day.

• (2) For the purposes of sub-article (1) of this article a driving licence in respect of a category set out in column 1 of the following Table shall be regarded as a driving licence in respect of the category or any of the categories set out in column 2 of the said Table opposite the mention in column 1 of that category—

TABLE

Column 1	Column 2
Category	Categories
B	B and W
C1	B, C1 and W
C	B, C and W
D1	B, D1 and W
D	B, D and W
EB	B, EB, and W
EC1	B, C1, EB, EC1, and W
EC	B, C, EB, EC and W
ED1	B, D1, EB, ED1 and W
ED	B, D, EB, ED and W

• (3) A driving licence or a certificate of competency in respect of a vehicle with automatic transmission belonging to a category set out in column 1 of the Table to sub-article (2) shall, for the purposes of sub-articles (1) and (4) of this article, be regarded as a driving licence or a certificate of competency, as the case may be, in respect of vehicles with automatic transmission belonging to a category set out in column 2 of the said Table opposite the mention in column 1 of the first-mentioned category.

• (4) The certificate of competency to accompany an application for a driving licence in a case referred to in paragraph (a) of sub-article (1) of this article shall be a certificate which is valid on the commencement day and which was issued to the applicant in respect of the category or categories without limitation or of the specified type or types of vehicle belonging to the category to which his application relates and in respect of which he is not or was not for any period within the period of five years preceding the commencement day the holder of a driving licence.

• (5) For the purposes of sub-article (4) of this article a certificate of competency in respect of a category without limitation set out in column 1 of the Table in sub-article (2) of this article shall be regarded as a certificate of competency in respect of the category or any of the categories without limitation set out in column 2 of the said Table opposite the mention in column 1 of the category.

• (6) The Minister may declare a State to be a recognised State for the purposes of these Regulations and in these Regulations the expression "recognised driving licence" means a licence to drive a vehicle (not being a licence issued to a person to enable that person to learn to drive) issued by by the competent authority of a Member State, other than Ireland, of the European Communities or of any other State declared by the Minister under this sub-article to be a recognised State.

30 Application for certificate of competency.

30.

30. An application for a certificate of competency shall be made on a scheduled form and the applicant shall furnish the information and make the declaration indicated on that form.

31 Deferred decision on application for a certificate of competency.

31.

31. (1) In a case where a decision on an application has been deferred under subsection (4) of section 33 of the Act the applicant may submit to the issuing authority a valid certificate of fitness in respect of the category to which the application for a certificate of competency relates.

• (2) On receipt of such certificate, the issuing authority shall refer it to such driver tester as may be designated by the issuing authority and, without further test, that driver tester shall, subject to the provisions of the said subsection (4), either refuse the application or issue a certificate of competency.

32 Appeal against decision on application for a certificate of competency.

32.

32. (1) Where, in the case of an appeal under subsection (5) of section 33 of the Act, a Justice of the District Court directs that an application shall be dealt with without requiring a certificate of fitness, the issuing authority shall refer the application to such driver tester as may be designated by it and that driver tester shall, without further test, either refuse the application or issue a certificate of competency in accordance with subsection (4) of section 33 of the Act.

• (2) Where, in the case of an appeal under subsection (6) of section 33 of the Act, a Justice of the District Court directs that an applicant shall be given a further test, the issuing authority shall cause the applicant to be tested by a driver tester other than the driver tester by whom the application was refused.

33 Duplicate certificate of competency.

33.

33. (1) Where a person to whom a certificate of competency was issued satisfies the issuing authority that such certificate was lost or destroyed and that he has adequate reasons for requiring a duplicate of such certificate the issuing authority may issue such duplicate.

• (2) A duplicate certificate issued under this article shall be a certificate of competency of like effect as the original certificate.

PART V HEALTH AND FITNESS

34 Issuing authority and delegation of functions.

34.

34. (1) The issuing authority for the purposes of section 34 of the Act shall be the Minister.

• (2) The functions of the issuing authority under subsection (4) of section 34 of the Act shall be delegated to such officer or officers of the issuing authority as the issuing authority shall from time to time designate and any such officer shall, for the purpose of the performance of such functions, be known as a designated officer.

35 Relevant aspects of a person's physical and mental condition.

35.

35. The aspects of a person's physical and mental condition and the minimum standards of physical and mental fitness specified in the Sixth Schedule to these Regulations shall be, for the purposes of section 34 of the Act, relevant aspects of a person's physical and mental condition which shall be considered in the case of an application for a certificate of fitness.

36 Form and period of validity of certificate of fitness.

36.

36. (1) A certificate of fitness shall be in a scheduled form and shall be signed forthwith by the person to whom it is issued.

• (2) Subject to the succeeding provisions of this article a certificate of fitness shall be valid for an unlimited period or for a limited period which shall be not less than one year from the date of issue of the certificate and which shall be specified in the certificate.

• (3) A certificate of fitness shall cease to be valid—

( a ) on the expiration of a period of six months after the date of issue, unless within that period—

• (i) the person to whom it is issued produces it to a licensing authority in pursuance of a disqualification order under section 26, 27 or 28 of the Act or to the issuing authority for the purposes of section 33 of the Act in a case where a decision on an application by him for a certificate of competency has been deferred pending production of a certificate of fitness, or

• (ii) it accompanies, pursuant to the provisions of these Regulations, an application for a driving licence or a provisional licence by the person to whom it is issued,

( b ) on the making of a disqualification order under section 26, 27 or 28 of the Act subsequent to the date of issue of the certificate, where such other disqualifies the person to whom the certificate is issued for holding a driving licence or a provisional licence until he produces to the appropriate licensing authority a certificate of fitness and that requirement is not annulled on appeal,

( c ) where the certificate has accompanied an application for a driving licence or a provisional licence by the person to whom it is issued, and a subsequent application for such a licence by that person is required by virtue of article 42 of these Regulations to be accompanied by a medical report — on the making of such subsequent application.

37 Form of report.

37.

37. (1) A report by a registered medical practitioner for the purposes of section 34 of the Act or article 42 of these Regulations shall bemade on a scheduled form.

• (2) The prescribed period referred to in subsection (3) of the said section 34 shall be one month.

38 Fee for certificate of fitness.

38.

38. A fee shall not be payable to the issuing authority in respect of an application for a certificate of fitness.

39 Application for certificate of fitness.

39.

39. (1) An application for a certificate of fitness shall be made on a scheduled form and the applicant shall furnish the information and make the declaration indicated on that form.

• (2) Where an application for a certificate of fitness in respect of any category has been refused, the applicant for such certificate shall not make a further application for such a certificate in respect of that category within the period of six months from the date of such refusal.

40 Deferred decision on application for certificate of fitness.

40.

40. (1) In a case where a decision on an application has been deferred under subsection (4) of section 34 of the Act, the applicant may submit to the issuing authority a valid certificate of competency in respect of all or any of the categories in respect of which the application for a certificate of fitness is made.

• (2) On receipt of such certificate, the issuing authority, after consideration of the application and report, shall, subject to the provisions of the said subsection (4), either refuse the application or issue a certificate of fitness.

41 Duplicate certificate of fitness.

41.

41. (1) Where a person to whom a certificate of fitness was issued satisfies the issuing authority that such certificate was lost or destroyed and that he has adequate reasons for requiring a duplicate of such certificate the issuing authority may issue such duplicate.

• (2) A duplicate certificate issued under this article shall be a certificate of fitness of like effect as the original certificate.

42 Requirement to provide medical report and eyesight report.

42.

42. (1) An application by a person for a driving licence or a provisional licence shall be accompanied by a report by a registered medical practitioner in this article called a medical

report where—

( a ) the application, being an application for a driving licence, does not contain the declaration specified in sub-article (2) of article 15 of these Regulations, or

( b ) the application, being an application for a provisional licence, does not contain the declaration specified in sub-article (3) of article 22 of these Regulations, or

( c ) the applicant—

• (i) is suffering from any of the diseases or disabilities specified in the Third Schedule to these Regulations, or

• (ii) has suffered in the past from epilepsy or alcoholism, or

• (iii) takes, on a regular basis, drugs or medicaments which would be likely to cause the driving of a vehicle by him in a public place to be a source of danger to the public, or

( d ) the applicant is or will be 70 years of age or more on the commencement day and has not made a previous application accompanied by a medical report within six months of the commencement day, or

( e ) the application is an application for a provisional licence for category C1, C, D1, D, EC1, EC, ED1 or ED unless the licensing authority are satisfied that a medical report previously submitted by the applicant is still applicable.

• (2) Paragraph (a), (b), or (c) of sub-article (1) of this article shall not operate to require the provision of a medical report where the applicant is a person to whom article 15 (5) or 22 (6) of these Regulations applies.

• (3) The medical report to accompany an application for a driving licence or a provisional licence shall be a report provided by a registered medical practitioner not more than one month prior to the date of application and which indicates that, in the opinion of the registered medical practitioner—

( a ) the applicant meets the minimum standards of physical and mental fitness specified in the Sixth Schedule to these Regulations and is fit to drive vehicles of the category to which the application relates, and

( b ) the applicant does not appear to require medical review during the period in respect of which the licence is sought.

• (4) For the purposes of sub-article (3) of this article a medical report in respect of a category set out in—

• (i) any column of the following Table shall be regarded as a medical report in respect of any other category set out in that column, and

• (ii) column 3 of the following Table shall be regarded as a medical report in respect of any category set out in column 2 of that Table.

TABLE

Column 1	Column 2	Column 3
Categories A and A1	Categories B, EB and W	Categories C1, C, D1, D, EC1, EC, ED1 and ED

• (5) A certificate of fitness may be provided by an applicant in lieu of a medical report for the purposes of this article and references in these Regulations to such a medical report shall be so construed with appropriate modifications.

• (6) ( a ) An application for a provisional licence for category A1, A, B, EB, or W shall be accompanied by an eyesight report unless—

• (i) the applicant has previously provided an eyesight report for the purposes of this article, or

• (ii) the application is accompanied by a medical report for the purposes of this article, or

• (iii) the applicant has previously provided a medical report for the purposes of this article.

( b ) A person shall be regarded as having previously provided an eyesight report for the purposes of this article if—

• (i) his application for a provisional licence is received by the licensing authority not later than one year after the day on which this article comes into operation, and

• (ii) the authority is satisfied that the person underwent or applied for a driving test within the period of two years ending on that day.

• (7) In this article "an eyesight report" means a report on a scheduled form from a registered ophthalmic optician or a registered medical practitioner which satisfies the licensing authority that the eyesight of an applicant for a provisional licence, or in the case of an applicant with defective eyesight for the time being corrected, the eyesight of the applicant as so corrected, complies, or does not comply, with the standards set out in the Fifth Schedule to these Regulations.

• (8) An eyesight report in relation to a person shall indicate whether or not the wearing of corrective lenses by the person is necessary to enable the eyesight of that person to meet the standards set out in the Fifth Schedule to these Regulations.

PART VI ENDORSEMENTS AND DISQUALIFICATIONS

43 Interpretation.

43.

43. In this Part of these Regulations, save where the context otherwise requires—

"disqualified person" shall mean, as appropriate, a person in respect of whom a consequential, ancillary or special disqualification order has been made;

"driving licence" shall include a provisional licence;

"officer" shall mean, as appropriate, the clerk or registrar.

44 Application to recognised driving licences.

44.

44. Article 45, 46 and 47 of these Regulations shall apply to the endorsement of a recognised driving licence in like manner as they apply to a driving licence save that the officer of the court to whom the licence is delivered for endorsement shall, after making the endorsement, return the licence to the holder.

45 Where consequential disqualification order is made.

45.

45. (1) This article applies where a consequential disqualification order is made under the Act.

• (2) Subject to the provisions of sub-article (4) of this article, the driving licence (if any) of the disqualified person shall, within five days of the coming into operation of the consequential disqualification order, be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal has not been lodged or to the officer of the appellate court in any other case.

• (3) The officer of the court to whom the driving licence is delivered pursuant to sub-article (2) of this article shall retain it until the fifth day after the coming into operation of the consequential disqualification order and shall endorse it and send it to the licensing authority which granted it.

• (4) Where, by virtue of paragraph (d) of subsection (3) of section 30 of the Act the operation of a consequential disqualification order has been postponed to a day more than five days after the day on which the order would have come into operation if there had been no such postponement, the driving licence (if any) of the disqualified person, shall

( a ) within five days of the day on which the order would have come into operation if there had been no postponement, be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal had not been lodged or to the officer of the appellate court in any other case and that officer shall endorse it and return it to the disqualified person and

( b ) within five days of the coming into operation of the order be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal had not been lodged or to the officer of the appellate court in any other case and that officer shall send it to the licensing authority which granted it.

46 Where ancillary disqualification order is made.

46.

46. (1) This article applies where an ancillary disqualification order is made under the Act.

• (2) Subject to the provisions of sub-articles (4) and (5) of this article, the driving licence (if any) of the disqualified person shall, within five days of the coming into operation of the ancillary disqualification order, be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal has not been lodged or to the officer of the appellate court in any other case.

• (3) The officer of the court to whom the driving licence is delivered pursuant to sub-article (2) of this article shall retain it until the fifth day after the coming into operation of the ancillary disqualification order and shall endorse it and send it to the licensing authority which granted it.

• (4) Where, by virtue of paragraph (d) of subsection (3) of section 30 of the Act the operation of an ancillary disqualification order has been postponed to a day more than five days after the day on which the order would have come into operation if there had been no such postponement, the driving licence (if any) of the disqualified person shall—