S.I. No. 356/1991 - European Communities (Vehicle Testing) Regulations, 1991

Type Statutory Instrument
Publication 1991-12-20
Last updated 2004-12-08
State Repealed superseded text
Text As published
articles 20

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

10 amending acts · 2004-12-08, S.I. No. 771/2004 - European Communities (Vehicle Testing) Regulations, 2004

Reform history JSON API

S.I. No. 356 of 1991.

EUROPEAN COMMUNITIES (VEHICLE TESTING) REGULATIONS, 1991.

Article

1. Citation and Operative Dates.

2. Revocations.

3. Definitions.

4. Vehicles to which these Regulations apply.

5. Appointment of Authorised Testers by Issuing Authorities.

6. Registers of Authorised Testers and Test Personnel.

7. Vehicle Tests etc.

8. Recommendations by Minister.

9. Records, Documentation and Information.

10. Certificates of Roadworthiness.

11. Cancellation of Pass Statement and Certificate of Roadworthiness.

12. Authorised Officers.

13. Powers of Garda to Inspect Vehicle.

14.

Requirement to have Certificate.

15. Production of Certificate to Garda/Power to Arrest.

16. Penalties.

17. Disposal of Fees.

18. Expenses of Issuing Authorities.

19. Amendment of Vehicle Licensing Regulations.

20. Amendment of Roads Act, 1920.

SCHEDULES.

First Schedule — Vehicles to which these Regulations apply etc.

Second Schedule—Form of Certificate of Roadworthiness.

Third Schedule—Items to be tested.

Fourth Schedule— Items to be tested.

S.I. No. 356 of 1991.

EUROPEAN COMMUNITIES (VEHICLE TESTING) REGULATIONS, 1991.

The Minister for the Environment in exercise of the powers conferred on him by Section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive 77/143/EEC^(1) as amended by Council Directive 88/449/EEC^(2) hereby makes the following Regulations:—

^(1)OJ No. L47/47; 18/2/1977.

^(2)OJ No. L222/10; 12/8/1988.

1.

1.

(1) These regulations may be cited as the European Communities (Vehicle Testing) Regulations, 1991.

( a ) for such vehicles which are seven years or more since first registration—

( b ) for such vehicles which are four years or more since first registration—

2.

2.

The European Communities (Vehicle Testing) Regulations, 1981 to 1986 are hereby revoked.

3.

3.

In these Regulations, save where the context otherwise requires,—

"agricultural trailer" means a trailer, the property of a person engaged in agriculture, which is designed and used primarily for work on the land and which is used on a public road only incidentally to such work;

"ambulance" means a mechanically propelled vehicle used for the purpose of carrying sick, injured or disabled persons;

"articulated vehicle" means the combination of a mechanically propelled vehicle 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;

"authorised officer" means a person appointed by the Minister or an issuing authority for the purposes of article 12 of these Regulations;

"authorised tester" means a person or body appointed by an issuing authority to test vehicles under these Regulations;

"Council Directive" means Council Directive 77/143/EEC of 29th December, 1976 as amended by Council Directive 88/449/EEC of 26th July, 1988 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers;

"current certificate of roadworthiness" shall have the meaning given in sub-article (6) of article 10 of these Regulations;

"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:—

"goods vehicle" has the meaning assigned to it in the Road Vehicles (Registration and Licensing) Regulations, 1982 to 1990;

"goods trailer" means a trailer including a semi-trailer, other than an agricultural trailer, constructed or adapted primarily for the conveyance of goods or burden of any description;

"issuing authority" means the council of a county or the corporation of a county borough which exercises or performs the functions of a licensing authority under the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952);

"mechanically propelled vehicle" has the meaning assigned to it by the Road Traffic Act, 1961 (No. 24 of 1961) but does not include a pedal cycle;

"the Minister" means the Minister for the Environment;

"owner", when used in relation to a vehicle which is the subject of a hire purchase or leasing agreement, means the person in possession of the vehicle under such agreement;

"public place" means any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;

"semi-trailer" means the drawn component of an articulated vehicle or a vehicle constructed or adapted for use as such drawn component;

"small public service vehicle" has the meaning assigned to it by the Road Traffic Act 1961 (No. 24 of 1961);

"taxi" means a small public service vehicle fitted with a taximeter and licensed for hire in a taximeter area;

"trailer" means a vehicle attached to a mechanically propelled vehicle (or to another vehicle attached to a mechanically propelled vehicle) or a vehicle constructed or adapted for the purpose of being drawn by a mechanically propelled vehicle.

4.

4.

(1) Subject to sub-articles (2) and (3) of this article and to sub-article (3) of article 1 hereto, these Regulations shall apply to vehicles of the classes specified in column 1 of the First Schedule hereto.

5.

5.

(1) An issuing authority may appoint as authorised testers as respects all or any of the vehicle classes to which these Regulations apply persons or bodies who make application in a form approved by the Minister and who have or have access to premises, trained personnel within the meaning specified in sub-article (2) of article 6 hereto and equipment appropriate to carry out roadworthiness tests in respect of the items listed in the schedule or schedules specified in column 4 of the First Schedule hereto for the relevant vehicle class or classes.

6.

6.

(1) An issuing authority shall maintain a register of authorised testers appointed by it and shall make available to the public during ordinary office hours the names and addresses of persons so appointed.

( b ) An issuing authority may remove the name of any person from the register following failure by that person to undergo periodic training or to carry out roadworthiness tests in a fit and proper manner.

( c ) Persons named in the register shall be "trained personnel" for the purpose of sub-article (1) of article 5.

7.

7.

(1) The owner of a vehicle to which these Regulations apply may apply to an authorised tester for a test in respect of the vehicle.

( a ) for vehicles in fee category A as specified in column 5 of the First Schedule hereto for the relevant vehicle class, a fee of £47,

( b ) for vehicles in fee category B as specified in column 5 of the First Schedule hereto for the relevant vehicle class, a fee of £37, and

( c ) for vehicles in fee category C as specified in column 5 of the First Schedule hereto for the relevant vehicle class, a fee of £25.

( a ) where he is satisfied that the vehicle is roadworthy as respects such items, he shall give to the owner of the vehicle a statement in a form approved by the Minister (hereinafter referred to as a "pass statement"), and

( b ) where he is not so satisfied, he shall notify the owner in a form approved by the Minister of the items in respect of which he is not so satisfied.

( a ) if in his opinion any part thereof or any of its equipment is in such a dirty or dangerous condition as to make it unreasonably difficult to carry out the test, or

( b ) if in his opinion a load on the vehicle is not adequately secured.

8.

8.

The Minister may from time to time issue recommendations to issuing authorities and to authorised testers as to the manner in which tests shall be carried out in relation to all or any of the items listed in the schedules specified in column 4 of the First Schedule hereto and in carrying out such tests, authorised testers shall have regard to any such recommendations.

9.

9.

(1) Issuing authorities and authorised testers shall keep such records and documentation and supply such information as the Minister may from time to time require.

10.

10.

(1) On presentation to an issuing authority of a pass statement together with the appropriate fee specified in sub-article (4) of this article, such authority may issue a certificate of roadworthiness in the form set out in the Second Schedule to these Regulations and which includes the particulars which are required in the said form to be specified.

( a ) for vehicles in fee categories A and B as specified in column 5 of the First Schedule hereto for the relevant vehicle class, a fee of £11, and

( b ) for vehicles in fee category C as specified in column 5 of the First Schedule hereto for the relevant vehicle class, a fee of £5.

( a ) for vehicles in fee categories A and B as specified in column 5 of the First Schedule hereto for the relevant vehicle class, a fee of £6, and

( b ) for vehicles in fee category C as specified in column 5 of the First Schedule hereto for the relevant vehicle class, a fee of £3.

11.

11.

(1) An issuing authority may make an order cancelling a pass statement given by an authorised tester whom the authority has appointed if the authority has reasonable grounds for believing that the pass statement was improperly or invalidity given.

either from the owner of the vehicle which was the subject of the pass statement which was cancelled or from the holder of the certificate or statement.

12.

12.

(1) An authorised officer appointed by the Minister or by the issuing authority may enter the premises used or proposed to be used by an authorised tester at all reasonable times:—

13.

13.

(1) A member of the Garda Siochana shall have power to stop any mechanically propelled vehicle or combination of vehicles to which these Regulations apply and to inspect and examine any part of the vehicle or combination of vehicles for the purpose of forming an opinion as to whether or not the vehicle is roadworthy.

14.

14.

(1) (a) A person shall not use in a public place a vehicle to which these Regulations apply unless there is in force in respect of the vehicle a current certificate of roadworthiness issued under article 10 of these Regulations or, in the case of a taxi, unless there is in force a public service vehicle licence granted by the Commissioner of the Garda Siochana in pursuance of the powers vested in him under article 6 of the Road Traffic (Public Service Vehicles) (Licensing) Regulations, 1978 ( S.I. No. 292 of 1978 ) or, in the case of a vehicle to which the Council Directive applies and which is registered in a Member State of the European Communities other than the State, there is in force a certificate or other document issued in accordance with the Council Directive showing that the vehicle has passed a roadworthiness test complying with the provisions of the Council Directive.

it shall be presumed, until the contrary is shown by the defendant, that the vehicle was being used in contravention of sub-article (1) of this article.

15.

15.

(1) Where a member of the Garda Siochana has reasonable grounds for believing that a vehicle to which these Regulations apply has been used in a public place on a particular occasion (including a case in which the member has himself observed the use) and that the actual user of the vehicle on that occasion was a particular person, the member may, at any time not later than one month after the occasion, demand of such person the production of a certificate of roadworthiness or a certificate or other document referred to in sub-article (1) of article 14 in respect of the vehicle which was current on the occasion, and if that person refuses or fails to produce such certificate then and there he shall, unless within ten days after the day on which production was demanded, he produces such certificate or other document in person to a member of the Garda Síochána at a Garda Siochana Station named by the person at the time at which the production was demanded, be guilty of an offence.

16.

16.

A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the Court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

17.

17.

Fees received by issuing authorities under the provisions of these Regulations shall be paid into and disposed of for the benefit of the Exchequer.

18.

18.

All expenses properly incurred by an issuing authority in discharging its functions under these Regulations shall be recouped to the issuing authority in such manner as the Minister for Finance directs out of moneys provided by the Oireachtas.

19.

19.

The Road Vehicles (Registration and Licensing) Regulations, 1982 ( S.I. No. 311 of 1982 ) are hereby amended by—

  • "(7) On application for a licence for a vehicle to which the European Communities (Vehicle Testing) Regulations, 1991, apply, the owner shall produce to the licensing authority a current certificate of roadworthiness relating to the vehicle issued under those Regulations.", and

20.

20.

Sub-section (1) of section 6 of the Roads Act, 1920 is hereby amended by the insertion of the following paragraph after "or on both in the prescribed manner"—

"Provided that in the case of a vehicle to which the European Communities (Vehicle Testing) Regulations, 1991 apply, the following provisions shall apply—

FIRST SCHEDULE.

Column Column Column Column Column
1 2 3 4 5
Vehicle Class Period of time since first reg. End of period of currency of cert. Schedule of items to be tested Fee Category
1. Mechanically propelled vehicles used for the carriage of passengers with more than 8 seats, excluding the driver's seat. 1 year 1 year Third Schedule A
2. Goods vehicles having a design gross vehicle weight exceeding 3,500 kilograms or having an unladen weight exceeding 1,524 kilograms. 1 year 1 year Third Schedule A
3. Goods trailers having a design gross vehicle weight exceeding 3,500 kilograms or having an unladen weight exceeding 1,524 kilograms. 1 year 1 year Third Schedule B
4. Ambulances. 1 year 1 year Third Schedule B
5. Goods vehicles not having a design gross vehicle weight exceeding 3,500 kilograms and not having an unladen weight exceeding 1,524 kilograms. 4 years 2 years Fourth Schedule C

SECOND SCHEDULE.

VEHICLE TESTING.

EUROPEAN COMMUNITIES (VEHICLE TESTING) REGULATIONS.

Serial Number

Certificate of Roadworthiness.

Vehicle identification mark ............................................................ .......................................................

Category of Vehicle ............................................................ ............................................................ ......

Chassis: Letters and Numbers ............................................................ ..................................................

Design Gross Vehicle Weight (DGVW) ............................................................ ...................................

Unladen Weight (ULW) ............................................................ ...........................................................

Registered Owner ............................................................ ............................................................ .........

Authorised Tester ............................................................ ............................................................ ........

Date of Test ............................................................ ............................................................ .................

Date of Expiry ............................................................ ............................................................ .............

I hereby certify that the owner of the vehicle described herein presented a statement by an authorised tester to the effect that the said vehicle was tested and found to be roadworthy on the date shown in accordance with the requirements of the European Communities (Vehicle Testing) Regulations.

Issued by.......................................

Issuing Authority.

Signed ..........................................

Date ...............................................

THIRD SCHEDULE.

ITEMS TO BE TESTED.

1.

Braking systems.

1.1. Service brake.

1.1.1 Mechanical condition.

1.1.2 Efficiency.

1.1.3 Balance.

1.1.4 Vacuum pump and compressor.

1.2 Secondary brake

1.2.1 Mechanical condition.

1.2.2 Efficiency.

1.2.3 Balance.

1.3 Parking brake.

1.3.1 Mechanical condition.

1.3.2 Efficiency.

1.4 Trailers or semi-trailers brakes.

1.4.1 Mechanical condition —Automatic braking system.

1.4.2 Efficiency.

2.

Steering and Steering Wheel.

2.1 Mechanical condition.

2.2 Steering wheel.

2.3 Steering play.

3.

Visibility.

3.1 Field of vision.

3.2 Condition of glass.

3.3 Rear view mirrors.

3.4 Windscreen wipers.

4.

Lamps, Reflectors and Electrical Equipment.

4.1 Main and dipped-beam headlamps.

4.1.1 Condition and operation.

4.1.2 Alignment.

4.1.3 Switches.

4.1.4 Visual efficiency.

4.2 Side lamps and end-outline marker lamps.

4.2.1 Condition and operation.

4.2.2 Colour and visual efficiency.

4.3 Stop lamps.

4.3.1 Condition and operation.

4.3.2 Colour and visual efficiency.

4.4 Direction-indicator lamps.

4.4.1 Condition and operation.

4.4.2 Colour and visual efficiency.

4.4.3 Switch.

4.4.4 Flashing frequency.

4.5 Rear registration plate lamp.

4.6 Reflex reflectors and rear and side markings—

condition and colour.

4.7 Electrical connections between tractor vehicle and trailer or semi-trailer.

4.8 Electrical wiring.

4.9 Tell tales.

5.

Axles, Wheels, Tyres, Suspension.

5.1 Axles.

5.2 Wheels and tyres.

5.3 Suspension.

6.

Chassis and Chassis Attachments.

6.1 Chassis or frame and attachments.

6.1.1 General condition.

6.1.2 Exhaust pipes and silencers.

6.1.3 Fuel tank and pipes.

6.1.4 Spare wheel carrier.

6.1.5 Coupling mechanism on tractor vehicles, trailers and semi-trailers.

6.2 Cab and bodywork.

6.2.1 General condition.

6.2.2 Mounting.

6.2.3 Doors and locks.

6.2.4 Floor.

6.2.5 Driver's Seat.

6.2.6 Running boards.

7.

Other equipment.

7.1 Safety belt.

7.2 Locks and anti-theft devices.

7.3 Warning triangle.

7.4 Wheel chock(s) (Trailers).

7.5 Audible warning device.

7.6 Speedometer.

7.7 Tachograph (presence of, and integrity of seals).

7.8 Sideguards.

7.9 Rear underrun protective device.

8.

Nuisance.

8.1 Noise.

8.2 Exhaust.

8.3 Suppression of radio interference.

9.

Supplementary tests for Public Transport Vehicles.

9.1 Emergency exit(s)

signs indicating emergency exit(s).

9.2 Seat lay-out.

9.3 Interior lighting.

9.4 Fire extinguisher.

9.5 First-aid kit.

10.

Vehicle identification.

10.1 Registration number plate.

10.2 Chassis number.

FOURTH SCHEDULE.

ITEMS TO BE TESTED.

1.

Braking Systems.

1.1 Service brake.

1.1.1 Mechanical condition.

1.1.2 Efficiency.

1.1.3 Balance.

1.2 Parking brake.

1.2.1 Mechanical condition.

1.2.2 Efficiency.

2.

Steering.

2.1. Mechanical condition.

2.2 Steering play.

2.3 Steering system attachment.

2.4 Wheel bearings.

3.

Visibility.

3.1 Field of vision.

3.2 Condition of glass.

3.3 Rear-view mirrors.

3.4 Windscreen wipers.

3.5 Screenwashers.

4.

Lighting Equipment.

4.1 Main and dipped-beam headlamps.

4.1.1 Condition and operation.

4.1.2 Alignment.

4.1.3 Switches.

4.2 Condition and operation, condition of lenses, colour and visual efficiency of:

4.2.1 Side and rear lamps.

4.2.2 Stop lamps.

4.2.3 Direction-indicator lamps.

4.2.4 Registration plate lamps.

4.2.5 Reflex reflectors.

5.

Axles, Wheels, Tyres, Suspension.

5.1 Axles.

5.2 Wheels and tyres.

5.3 Suspension.

6.

Chassis and Chassis attachments.

6.1 Chassis or frame and attachments.

6.1.1 General condition.

6.1.2 Exhaust pipes and silencers.

6.1.3 Fuel tank and pipes.

6.1.4 Spare wheel carrier.

6.1.5 Security of coupling mechanism (if fitted).

6.2 Bodywork.

6.2.1 Structural condition.

6.2.2 Doors and locks.

7.

Other equipment.

7.1 Mounting of driver's seat.

7.2 Mounting of battery.

7.3 Audible warning device.

7.4 Safety belts.

7.4.1 Security of mountings.

7.4.2 Condition of belts.

7.4.3 Operation.

8.

Nuisance.

8.1 Noise.

8.2 Exhaust emissions.

9.

Vehicle identification.

9.1 Registration number plate.

9.2 Chassis number.

GIVEN under the Official Seal of the Minister for the Environment,

this 20th day of December, 1991.

RORY O'HANLON,

Minister for the Environment.

EXPLANATORY NOTE.

The Regulations provide for the phased extension of compulsory roadworthiness testing to light goods vehicles over 4 years old, every 2 years by 1st January, 1995, as required by Council Directive 88/449/EEC of 26th July, 1988.^(1)

^(1)OJ No. L222/10 of 12/8/1988.

The Regulations also set out revised fees for the testing of various categories of vehicles by authorised testing stations; and related documentation fees payable to motor tax offices.

The Regulations also clarify the exemption of agricultural trailers from compulsory roadworthiness testing.

The Regulations consolidate, with technical amendments, vehicle testing Regulations dating back to 1981.

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