S.I. No. 277/1994 - Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1994

S.I. No. 277 of 1994.

ROAD VEHICLES (REGISTRATION AND LICENSING) (AMENDMENT) REGULATIONS, 1994.

The Minister for the Environment in exercise of the powers conferred on him by sections 5 and 12 of the Roads Act, 1920, sections 1 and 3 of the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952), section 20 of the Finance Act, 1958 (No. 25 of 1958), section 4 of the Finance (Excise Duties) (Vehicles) (Amendment) Act, 1960 (No. 1 of 1960), section 21 of the Finance Act, 1960 (No, 19 of 1960), sections 3 and 123 of the Road Traffic Act, 1961 (No. 24 of 1961), sections 65 and 77 of the Finance Act, 1976 (No. 16 of 1976), sections 19 , 20 and 21 of the Finance (No. 2) Act, 1992 (No. 28 of 1992), and sections 60 and 61 of the Finance Act, 1993 (No. 13 of 1993) as amended by sections 86 and 87 of the Finance Act, 1994 (No. 13 of 1994), hereby makes the following Regulations:—

1 Citation, interpretation.

1.

1. (1) These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1994.

• (2) These Regulations and the Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1992 ( S.I. No. 385 of 1992 ), the Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations, 1992 ( S.I. No. 409 of 1992 ), the Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1993 ( S.I. No. 23 of 1993 ), the Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations, 1993 ( S.I. No. 126 of 1993 ), the Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations, 1993 ( S.I. No. 198 of 1993 ), and the Road Vehicles (Registration and Licensing) (Amendment) (No. 4) Regulations, 1993 ( S.I. No. 263 of 1993 ), shall be construed as one and may be cited together as the Road Vehicles (Registration and Licensing) Regulations, 1992 to 1994.

• (3) In these Regulations:—

"the Act of 1952", means the Finance (Excise Duties) (Vehicles) Act, 1952 ;

"the Act of 1993" means the Finance Act, 1993 ;

"the Act of 1994" means the Finance Act, 1994 ;

"joint licensing records" means records in relation to licences under the Act of 1952 established and maintained pursuant to subsection (2) of section 60 of the Act of 1993 as substituted by section 86 of the Act of 1994;

"licensing records" means records in relation to licences under the Act of 1952 and trade licences under section 21 of the Finance (No. 2) Act, 1992 established and maintained by a licensing authority pursuant to subsection (1) of section 60 of the Act of 1993.

2 Registered Owner.

2.

2. Sub-article (5) of article 1 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1992 (as amended by sub-article (4) of article 1 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1993 and subarticle (3) of article 1 of the Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations, 1993) is hereby amended by the insertion of the following definition for the definition of "registered owner":—

"registered owner means:—

( a ) where a vehicle has been registered in the State but has not been first licensed, the owner whose name is most recently entered on the register maintained by the Revenue Commissioners under section 131 of the Finance Act 1992 (No. 9 of 1992), or

( b ) where a vehicle has been licensed in the State, the owner whose name is most recently entered in the joint licensing records, or

( c ) where the vehicle is used under a trade licence, the holder of the licence.".

3 Supply of licensing particulars by licensing authority.

3.

3. A licensing authority shall, upon application, supply particulars from the licensing records or the joint licensing records:—

• (1) upon payment of a sum of £5, to any person who satisfies the licensing authority that s/he has reasonable cause therefor; or

• (2) without any charge to the Automobile Association for the purposes of the Mechanically Propelled Vehicle (International Circulation) Order, 1992, ( S.I. No. 384 of 1992 ) or any order or regulation amending or replacing the same.

4 Revocations.

4.

4. The Regulations specified in the Schedule to these Regulations are hereby revoked to the extent specified in the third column of that Schedule.

SCHEDULE.

GIVEN under the Official Seal of the Minister for the Environment, this 13th day of September, 1994.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations amend the definition of "registered owner" of a mechanically propelled vehicle, for law enforcement purposes.

The Regulations also define "licensing records" and "joint licensing records" for the purposes of certification of registered ownership of a mechanically propelled vehicle.

The Regulations provide for the supply by a licensing authority of particulars from the licensing records maintained by that authority or from the joint licensing records of the Minister and all the licensing authorities.