S.I. No. 352/1999 - Road Traffic (Licensing of Drivers) Regulations, 1999

ARRANGEMENT OF ARTICLES

PART 1 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 2 Driving Licences

14.	Form of driving licence and period of grant.
15.	Application for driving licence.
16.	Grant of driving licence.
17.	Motorcycle engine size restriction.
18.	Duplicate driving licence.

PART 3 Provisional Licences

19.	Application of provisions of the Act to provisional licences.
20.	Form, period and effect of provisional licence.
21.	Fee for provisional licence.
22.	Limitations on application for provisional licence.
23.	Application for provisional licence.
24.	Grant of provisional licence.
25.	Duplicate provisional licence.

PART 4 Certificates of Competency

26.	Issuing authority and delegation of functions.
27.	Form and period of validity of certificate of competency.
28.	Fee for certificate of competency.
29.	Driving test.
30.	Persons whose applications for driving licences are required to be accompanied by certificate of competency.
31.	Application for certificate of competency.
32.	Deferred decision on application for a certificate of competency.
33.	Appeal against decision on application for a certificate of competency.
34.	Duplicate certificate of competency.

PART 5 Health and Fitness

35.	Issuing authority and delegation of functions.
36.	Relevant aspects of a person's physical and mental condition.
37.	Form and period of validity of certificate of fitness.
38.	Form of report.
39.	Fee for certificate of fitness.
40.	Application for certificate of fitness.
41.	Duplicate certificate of fitness.
42.	Requirement to provide medical report and eye-sight report.

PART 6 Endorsements and Disqualifications

43.	Interpretation.
44.	Application to national 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 of orders.
52.	Retention of licence by licensing authority.
53.	Penal regulations.
54.	Duplicate licences in certain cases.

PART 7 Miscellaneous Provisions

55.	Photographs.
56.	Evidence of identity.
57.	Revocations.
58.	Codes indicating additional information and restrictions.

SCHEDULES

SCHEDULE 1 Scheduled forms

SCHEDULE 2 Disqualifying diseases or disabilities

SCHEDULE 3 Diseases or disabilities where medical report is required

SCHEDULE 4 Driving operations to be carried out during driving test

SCHEDULE 5 Eyesight standards

SCHEDULE 6 Aspects and standards of physical and mental fitness

SCHEDULE 7 Minimum vehicle requirements for the purpose of the practical driving test

SCHEDULE 8 Regulations revoked

S.I. No. 352 of 1999.

ROAD TRAFFIC (LICENSING OF DRIVERS) REGULATIONS, 1999.

In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 5 , 23 (2), 31 , 33 , 34 , 35 , 38 (7) and 42 of the Road Traffic Act, 1961 (No. 24 of 1961), which powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997, I, ROBERT MOLLOY, Minister of State at the Department of the Environment and Local Government hereby make the following Regulations:—

PART 1 Preliminary and General

Citation.

Commencement.

Interpretation.

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

“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 any system for connecting engine output to driven wheel which is controlled by any method except one consisting solely of driver operated mechanical or hydraulic linkages;

“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;

“certificate of registration” has the meaning assigned to it in article 11 of the Aliens Order, 1946 ( S.R.O. No. 395 of 1946 );

“commencement day” in relation to a driving licence or a provisional licence means the day on which the licence is 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, 1992 ( S.I. No. 385 of 1982 );

“date of application” means the date on which an application for a certificate of competency, a certificate of fitness, a driving licence or a provisional licence 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 appointed by the Minister to carry out tests under section 33 of the Act;

“European Economic Area” has the meaning assigned to it in the European Economic Area Agreement between the European Community and the European Free Trade Area signed in Oporto, Portugal on 2 May 1992;

“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;

“Local Government Fund” means the Fund established by section 3 of the Local Government Act 1998 (No. 16 of 1999);

“Minister” means the Minister for the Environment and Local Government;

“moped” means a mechanically propelled bicycle fitted with an engine having a cylinder capacity not exceeding 50 cubic centimetres, if of the internal combustion type, and/or having a maximum design speed of not more than 45 kilometres per hour;

“motorcycle” means a mechanically propelled bicycle, with or without a sidecar, fitted with an engine having a cylinder capacity of more than 50 cubic centimetres, if of the internal combustion type, and/or having a maximum design speed of more than 45 kilometres per hour;

“national 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 the competent authority of a State other than Ireland;

“normal residence” means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he or she is living. However, the normal residence of a person whose occupational ties are in a difference place from his or her personal ties and who subsequently lives in turn in different places situated in two or more Member States of the European Communities or of the European Economic Area shall be regarded as being the place of his or her personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence;

“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 30 (7) of these Regulations;

“recognised 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);

“revoked Regulations” means the Road Traffic (Licensing of Drivers) Regulations, 1989 ( S.I. No. 285 of 1989 );

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

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

“tricycle and quadricycle” means respectively any three and four-wheeled vehicle in category B with a maximum design speed of over 50 kilometres per hour or powered by a spark-ignition internal combustion engine with a cubic capacity of more than 50 cubic centimetres or any other engine of equivalent power. The unladen mass shall not exceed 550 kilograms. The unladen mass of electrically propelled vehicles shall not take account of the battery mass;

“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 has a maximum design speed not exceeding 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, 1991, ( S.I. No. 356 of 1991 ), 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 automotive 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) 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.

Forms.

Categories of vehicles.

TABLE

Column 1	Column 2
Category	Vehicles in Category
A	Motorcycles.
A1	Motorcycles with an engine capacity not exceeding 125 cubic centimetres and with a power rating not exceeding 11 kilowatts.
B	Vehicles (other than motorcycles, mopeds, work vehicles or land tractors) having a design gross vehicle weight not exceeding 3,500 kg., and having passenger accommodation for not more than 8 persons.
C	Vehicles (other than work vehicles or land tractors) 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 vehicle in category C1 having a combined design gross vehicle weight not exceeding 12,000 kg.
ED	Combinations of vehicles with drawing vehicle in category D.
ED1	Combinations of vehicles with drawing vehicle in category D1 having a combined design gross vehicle weight not exceeding 12,000 kg.
M	Mopeds.
W	Work vehicles and land tractors.

Provisions ancillary to article 5.

• (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) Vehicle categories EC1 and ED1 shall only cover combinations where the design gross vehicle weight of the trailer does not exceed the unladen weight of the drawing vehicle.

• (b) The trailer in combinations of vehicles in category ED1 shall not be used for the transport of persons.

Excepted vehicles.

Minimum ages.

TABLE

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

Disqualifying diseases or disabilities.

Keeping of records by licensing authorities.

Furnishing of information and inspection of records.

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

• (3) A licensing authority shall, on request, admit a member of the Garda Síochána 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.

Disposition of fees.

• (2) Fees received by a licensing authority under these Regulations shall be paid into and disposed of for the benefit of the Local Government Fund.

Penal regulations.

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

PART 2 Driving Licences

Form of driving licence and period of grant.

• (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, plus the unexpired period of a licence previously granted to the applicant, where the applicant is less than 60 years of age on the commencement day, or

• (b) three years, plus the unexpired period of a licence previously granted to the applicant, 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, plus the unexpired period of a licence previously granted to the applicant, where the application for the licence is required under article 42 of these Regulations to be accompanied by a medical report and the medical report indicates that the applicant appears to require medical review within a period which is less than three years.

• (4) A driving licence may be granted for the period beinning 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.

Application for driving licence.

• (a) to the best of his or her knowledge and belief he or she is not suffering from any of the diseases or disabilities specified in Schedules 2 and 3 to these Regulations,

• (b) he or she has not suffered in the past from epilepsy or alcoholism,

• (c) since he or she last applied for a driving licence or a provisional licence his or her health has not suffered any deterioration which affects to a material extent his or her ability to drive, and

• (d) he or she is not taking, on a regular basis, drugs or medicaments which would be likely to cause the driving of a vehicle by him or her in a public place to be a source of danger to the public.

• (2) 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.

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

• (a) where the applicant is the holder of a driving licence or a recognised 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 or a recognised licence, held

• (i) a driving licence or a driving licence issued by the competent authority of a Member State of the European Communities or of the European Economic Area, for any period within that period of ten years preceding the date of application, or

• (ii) a recognised driving licence issued by the competent authority of a State other than a Member State of the European Communities or of the European Economic Area for any period within the period of one year preceding the date of application,

the last such licence granted to him or her,

• (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 date of application the last such licence granted to him or her unless, subsequent to the grant of such licence, he or she was granted a driving licence,

• (e) where the applicant is a person whose application is required under article 30 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 55 of these Regulations,

• (h) any evidence of identity required under article 56 of these Regulations.

• (4) The provisions of paragraphs (a), (b), (c) and (d) of sub-article (3) 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.

Grant of driving licence.

Motorcycle engine size restriction.

Duplicate driving licence.

• (a) two photographs of the applicant in accordance with article 55 of these Regulations, and

• (b) any evidence of identity required under article 56 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 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 and signature of the applicant.

• (4) Before issuing such duplicate driving licence, the licensing authority shall endorse on it any endorsement or note 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 3 Provisional Licences

Application of provisions of the Act to provisional licences.

• (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 or she 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 or she 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 or she 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.

Form, period and effect of provisional licence.

• (2) Subject to the provisions of article 23 (4), a provisional licence shall be granted—

• (a) for a period of two years beginning on the day on which the licence is granted, or

• (b) for a period of two years plus the unexpired period of a provisional licence previously granted to the applicant.

• (3) Notwithstanding sub-article (2) of this article, a provisional licence may be granted for a period of one year where—

• (a) the application for the licence is required under article 42 to be accompanied by a medical report and the medical report indicates that the applicant appears to require medical review within a period which is less than two years, or

• (b) the provisions of article 22 (1) apply.

• (4) A one year provisional licence shall be granted—

• (a) for a period of one year beginning on the day on which the licence is granted, or

• (b) for a period of one year plus the unexpired period of a provisional licence previously granted to the applicant.

• (5) 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.

• (6)
• (a) In this sub-article “qualified person” means a person who holds a driving licence in respect of the vehicle category being driven.

• (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, A or M 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 or she 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 condition set out in paragraph (b) (iv) 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 or she 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 or she is driving a vehicle of that type.

• (ii) 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.

• (iii) 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 or her in respect of such vehicles.

Fee for provisional licence.

Limitations on application for provisional licence.

• (b) A person to whom paragraph (a) relates and who has not produced evidence to the effect that he or she underwent a driving test, may subsequently apply for a provisional licence in respect of that category provided such application is accompanied by evidence that a driving test has been arranged for that person in respect of a vehicle in that category. Subject to the provisions of article 20 (2), a provisional licence granted in accordance with this paragraph shall be for a period of one year.

• (c) Paragraph (a) shall not apply where the applicant satisfies the licensing authority that because of illness, as certified by a registered medical practitioner, the applicant was not in a position to submit to a driving test.

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

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

• (b) 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,

• (c) any category in respect of which the person holds a recognised driving licence.

• (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) a provisional licence in that category at some time within the period of five years preceding the date of application, or

• (b) a driving licence issued by the competent authority of a Member State of the European Communities (including Ireland) or of the European Economic Area in that category at some time within the period of ten years preceding the date of application.

Application for provisional licence.

• (a) to the best of his or her knowledge and belief he or she is not suffering from any of the diseases or disabilities specified in Schedules 2 and 3 to these Regulations,

• (b) he or she has not suffered in the past from epilepsy or alcoholism,

• (c) since he or she last applied for a driving licence or a provisional licence his or her health has not suffered any deterioration which affects to a material extent his or her ability to drive, and

• (d) he or she is not taking, on a regular basis, drugs or medicaments which would be likely to cause the driving of a vehicle by him or her in a public place to be a source of danger to the public.

• (2) 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 or her except where he or she is applying for a provisional licence in respect of vehicles of a category which he or she is not then licensed to drive.

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

• (a) where the applicant is the holder of a driving licence, or a driving licence issued by the competent authority of a Member State (other than Ireland) of the European Communities or of the European Economic Area, 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 licence, held a driving licence for any period within the preceding ten years, the last such licence granted to him or her,

• (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 or her unless, subsequent to the grant of such licence, he or she was granted a driving licence,

• (e) 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 55 of these Regulations,

• (g) any evidence of identity required under article 56 of these Regulations, and

• (h) a birth certificate, passport or certificate of registration in relation to the applicant where the applicant has not held a driving licence within the period of ten years, or a provisional licence within the period of five years preceding the date of application and is not the holder of a recognised driving licence.

• (4) 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 satisfied that a decision on an application by such person for a certificate of competency has within the period of twelve months preceding the date of application been deferred pending the production of a certificate of fitness.

• (5) The provisions of paragraphs (a), (b), (c) and (d) of sub-article (3) 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.

Grant of provisional licence.

Duplicate provisional licence.

• (a) two photographs of the applicant in accordance with article 55 of these Regulations, and

• (b) any evidence of identity required under article 56 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 is 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 the scheduled form 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, and signature of the applicant.

• (4) Before issuing such duplicate provisional licence, the licensing authority shall endorse on it any endorsement or note 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 4 Certificates of Competency

Issuing authority and delegation of functions.

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

Form and period of validity of certificate of competency.

• (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 two years after the date of issue.

Fee for certificate of competency.

• (a) £60 where the application relates to vehicles of category EC1, EC, ED1 and ED, other than an application under the terms of paragraph (c) of this sub-article;

• (b) £50 where the application relates to vehicles in category C1, C, D1 or D, other than an application under the terms of paragraph (c) of this sub-article;

• (c) Nil where the application relates to vehicles in category C1, C, D1, D, EC1, EC, ED1 or ED and where the applicant satisfies the issuing authority that he or she is unemployed and has been unemployed for a continuous period of not less than 12 months immediately preceding the date of application and is registered with Foras Áiseanna Saothair (FAS);

• (d) £30 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 or her shall not, subject to sub-article (3) of this article, be given a further test unless he or she 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 such person, the issuing authority may arrange a further test pursuant to the said application on its own initiative provided that the issuing authority—

• (a) receives from the applicant not later than ten days before the date arranged for the first mentioned test, notification of such person's decision not to submit to the test and such person has not submitted two or more such notifications in respect of tests previously arranged pursuant to the said application, or

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

• (4) The issuing authority shall not refund to any person the fee paid for an application for a certificate of competency unless it is satisfied that the person had adequate reason for not submitting to a test for a certificate of competency.

Driving test.

• (2) The test shall be of such a nature as to enable the driver tester to satisfy himself or herself 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 Part 1 or Part 2 of Schedule 4 to these Regulations, as appropriate,

• (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 (No. 25 of 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) Part 1 of Schedule 4 to these Regulations shall apply to a test carried out before 3 April 2000 and Part 2 of that Schedule shall apply to any test carried out on or after that date.

• (4) 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, M 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 the Road Traffic Act, 1968 (No. 25 of 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 the minimum vehicle requirements specified in Schedule 7 to these Regulations where the test is carried out on or after 3 April 2000.

• (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) Subject to sub-articles (3) and (4) of this article, where, because of a physical disability, the applicant can only drive certain types of vehicle with a specific adaptation or adaptations, the driving test shall be taken in such vehicle.

• (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.

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

• (2) Notwithstanding sub-article (1) of this article a certificate of competency shall not be required to be submitted with an application for a driving licence where—

• (a) the application—

• (i) is made by a person who holds, or held at some time within the period of one year preceding the date of application, a driving licence issued by a State declared by the Minister to be a recognised State for the purposes of these Regulations and who surrenders such licence to the licensing authority with the application,

• (ii) 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, and

• (iii) is accompanied by a statement by the applicant that such licence is a genuine licence, or

• (b) the applicant is a person who as a member of the Defence Forces as defined by the Defence Act, 1954 (No. 18 of 1954) 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

• (c) 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

• (d) 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 vehicles 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.

• (3) 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
A1	A1 and M
A	A, A1 and M
B	B, M and W
C1	B, C1, M and W
C	B, C, C1, M and W
D1	B, D1, M and W
D	B, D, D1, M and W
EB	B, EB, M and W
EC1	B, C1, EB, EC1, M and W
EC	B, C, C1, EB, EC, EC1, M and W
ED1	B, D1, EB, ED1, M and W
ED	B, D, D1, EB, ED, ED1, M and W
M	M
W	W

• (4) 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 (3) shall, for the purposes of sub-articles (1) and (5) 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.

• (5) The certificate of competency to accompany an application for a driving licence in a case referred to in sub-article (1) of this article shall be a certificate which is valid on the date of application and which was issued to the applicant in respect of the category or categories without limitation or of the specified type or types of vehicles belonging to the category to which his application relates.

• (6) For the purposes of sub-article (5) 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 (3) of this article shall be regarded as a certificate of competency in respect of the category or any of the categories without lilmitations set out in column 2 of the said Table opposite the mention in column 1 of the category.

• (7) The Minister may be order 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 the competent authority of a Member State, other than Ireland, of the European Communities or of the European Economnic Area or of any other State declared by the Minister under this sub-article to be a recognised State.

• (8)
• (a) Subject to the provisions of paragraph (c) of this sub-article, a person who holds a driving licence issued by the competent authority of a Member State, other than Ireland, of the European Communities or of the European Economic Area may drive in a public place any vehicle in a category in respect of which the licence has been granted for the period for which such licence has effect.

• (b) Subject to the provisions of paragraph (a) and (c) of this sub-article, upon taking up normal residence in the State, a person who holds a recognised driving licence issued by a competent authority of a State other than a Member State of the European Communities or of the European Economic Area may drive in a public place any vehicle which such person is licensed by such licence to drive until the expiry of—

• (i) the period for which such licence has effect, or

• (ii) one year from the date of taking up such residence,

whichever first occurs.

• (c) Paragraphs (a) and (b) of this sub-article shall only apply in respect of licences for categories as set out in column 1 of the Table in article 5 of these Regulations, other than categories M and W, and their equivalences, as may be laid down by the Minister from time to time.

• (9) Notwithstanding sub-articles (7) and (8) of this article, the Minister may be order declare that driving licences issued by the competent authority of a Member State, other than Ireland, of the European Communities or of the European Economic Area which contain entitlement in respect of designated categories other than those set out in column 1 of the Table in article 5 of these Regulations shall entitle their holders to drive in a public place any vehicle in such designated categories for the period for which such entitlement has effect.

Application for certificate of competency.

Deferred decision on application for a certificate of competency.

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

Appeal against decision on application for a certificate of competency.

• (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.

Duplicate certificate of competency.

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

PART 5 Health and Fitness

Issuing authority and delegation of functions.

• (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 the designated officer.

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

Form and period of validity of certificate of

• (2) A certificate of fitness shall certify a person as being fit to drive 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 be submitted to a licensing authority within a period of six months after the date of issue.

Form of report.

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

Fee for certificate of fitness.

Application for certificate of fitness.

• (2) Where an application for a certificate of fitness in respect of any category has been refused, no further application for such certificate in respect of that category shall be considered by the issuing authority within the period of six months from the date of such refusal.

Duplicate certificate of fitness.

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

Requirement to provide medical report and eyesight report.

• (a) the application, being an application for a driving licence, does not contain the declaration specified in sub-article (1) 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 (1) of article 23 of these Regulations, or

• (c) the applicant—

• (i) is suffering from any of the diseases or disabiities specified in Schedule 3 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 or her 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 date of application, 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.

• (f) the application is an application for a driving licence for category C1, C, D1, D, EC1, EC, ED1 or ED unless the licensing authority is satisfied that the applicant has either previously submitted a medical report—

• (i) in connection with a driving licence application in respect of any of the above mentioned categories, or

• (ii) within the preceding year in connection with a provisional licence application in respect of any of the said categories,

and that such report is still valid.

• (2) 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 dated 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 Schedule 6 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.

• (3) 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	Categories	Categories
A1, A and M	B, EB and W	C1, C, D1, D, EC1, EC, ED1 and ED

• (4) 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.

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

• (i) the applicant has previously provided an eyesight report for the purpose 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.

• (6) In this article “an eyesight report” means a report on a scheduled form from a registered ophthalmic optician or a registered medical practitioner dated not more than one month prior to the date of application 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 Schedule 5 to these Regulations.

• (7) 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 Schedule 5 to these Regulations.

PART 6 Endorsements and Disqualifications

Interpretation.

“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 of the Court.

Application to national driving licences.

Where consequential disqualification order is made.

• (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