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

Type Statutory Instrument
Publication 1999-11-06
Last updated 2006-10-19
State Repealed superseded text
Text As published
articles Not indexed

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.

6 amending acts · 2006-10-19, S.I. No. 537/2006 - Road Traffic (Licensing of Drivers) Regulations 2006

Reform history JSON API

Where ancillary disqualification order is made.

46.

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

Where special disqualification order is made.

47.

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

Where order for endorsement in case of conviction is made.

48.

(1) Where an order under subsection (1) or paragraph (c) of subsection (2) of section 36 of the Act is made in relation to a person who is the holder of a driving licence, the licence shall, within five days after the making of the order, be delivered by the licensee to the officer of the court which made the order, who shall endorse it and return it to the licensee.

Where disqualification is removed.

49.

(1) Where a disqualification under a consequential disqualification order or under an ancillary disqualification order is removed by an order under subsection (1) of section 29 of the Act the officer of the court which made the order for the removal of the disqualification shall, on delivery to him or her of the driving licence of the person in respect of whom the order was made, endorse the driving licence and—

Delivery of licence in certain cases.

50.

(1) Where—

Notification of making of orders

51.

(1) Where—

the officer of the court which makes the order shall notify the Minister and the licensing authority which granted the driving licence or (if there is no driving licence) the licensing authority for the area in which the person concerned ordinarily resides, of particulars of the order.

Retention of licence by licensing authority.

52.

Where a driving licence is sent pursuant to this Part of these Regulations to a licensing authority, such authority shall retain the driving licence until the expiration of the period of disqualification or until the removal of the disqualification and shall, unless the driving licence shall have been returned to the licensee by the court, return it to the licensee.

Penal regulations

53.

The requirements in this Part of these Regulations that the driving licence of a disqualified person or of a person in relation to whom an order under subsection (1) or paragraph (c) of subsection (2) of section 36 of the Act has been made shall be delivered by the disqualified person or by the person in relation to whom an order as aforesaid has been made to the officer of a court shall be penal regulations.

Duplicate licences in certain cases.

54.

(1) Where a driving licence which has been granted in respect of more than one category of vehicle is sent pursuant to this Part of these Regulations to a licensing authority in a case where the licensee is declared to be disqualified for holding a driving licence in respect of one or some but not all of such categories of vehicles the licensing authority shall issue to the licensee a duplicate driving licence in respect of the category or categories for which the licensee is not disqualified for holding a driving licence.

PART 7 Miscellaneous Provisions

Photographs.

55.

(1) The photographs to accompany an application for a licence or a duplicate licence shall comply with the following conditions—

Evidence of identity.

56.

A licensing authority may, in their absolute discretion, require an applicant for a driving licence or a provisional licence to provide evidence of identity and for this purpose may require an applicant for a licence to produce any one of the following documents:—

a passport; an employee or student identity card; a book issued in the State for payment of social welfare allowances, benefits or pensions; a medical card issued in the State; a free travel card issued in the State by the Department of Social, Community and Family Affiars; a travel document containing the name and photograph of the holder; a signing-on card issued in the State by the Department of Social, Community and Family Affairs; a Bank or Savings Bank book; a cheque book; a credit card; a credit union membership card; a birth certificate; a marriage certificate; a certificate of registration.

Revocations.

57.

The Regulations set out in Schedule 8 to these Regulations are hereby revoked.

Codes indicating additional information and restrictions.

58.

(1) A certificate of competency shall denote the appropriate code or codes set out in column 1 of the following Table to indicate that the recipient of the certificate shall, on taking out a driving licence, be subject to driving vehicles with the restriction or restrictions set out in column 2 of that Table

TABLE

Column 1 Column 2
Code Restriction
10 Modified transmission
15 Modified clutch
20 Modified accelerator system
25 Modified braking system
30 Modified combined braking and accelerator system
35 Modified control layouts
40 Modified steering
42 Modified rear-view mirrors
43 Modified driving seat
45 Motorcycle with sidecar only
78 Restricted to vehicles with automatic transmission

TABLE

Column 1 Column 2
Code Additional information/restrictions
01 Must wear corrective lenses
02 Must wear hearing aid
03 Limb prosthesis/orthesis
70 Exchange of recognised driving licence
71 Duplicate licence
73 Restricted to category B vehicles of the motor tricycle or quadricycle type
100 Restricted to vehicles adapted to suit disability of licensee (provisional licence holders and persons granted a certificate of competency or a driving licence prior to 15 November, 1999)
101 Renewal subject to submission of a valid medical report
102 Diplomatic licence
991 First provisional licence in category
992 Second provisional licence in category
993 Third or subsequent provisional licence in category
999 Must be accompanied by a qualified driver.

TABLE

Column 1 Column 2
Country Code Country
A Austria
B Belgium
DK Denmark
FIN Finland
F France
D Germany
GR Greece
I Italy
L Luxembourg
NL Netherlands
P Portugal
E Spain
S Sweden
GB United Kingdom
AUS Australia
GBZ Gibraltar
IS Iceland
GBM Isle of Man
J Japan
GBJ Jersey
FL Liechtenstein
N Norway
ZA South Africa
ROK South Korea
CH Switzerland

SCHEDULE 1 Scheduled Forms

Articles 3 , 4 , 14 , 15 , 16 , 18 , 20 , 23 , 24 , 25 , 27 , 31 , 37 , 38 and 42

Form D.201 — Application for a provisional licence.

Form D.202 — Provisional licence.

Side 1

Side 2

Form D.301 — Application for a certificate of competency.

APPLICATION FOR A DRIVING TEST [image omitted]
BEFORE COMPLETING THIS FORM PLEASE READ THE INFORMATION PROVIDED OVERLEAF
When you have the applications form completed, please forward it along with the correct fee to the address given across. If you do not receive an acknowledgement within two weeks, please contact the Department to confirm your application has been received Driver Testing Section,
When you have the applications form completed, please forward it along with the correct fee to the address given across. If you do not receive an acknowledgement within two weeks, please contact the Department to confirm your application has been received Department of the Environment
When you have the applications form completed, please forward it along with the correct fee to the address given across. If you do not receive an acknowledgement within two weeks, please contact the Department to confirm your application has been received and Local Government
When you have the applications form completed, please forward it along with the correct fee to the address given across. If you do not receive an acknowledgement within two weeks, please contact the Department to confirm your application has been received Government Offices,
When you have the applications form completed, please forward it along with the correct fee to the address given across. If you do not receive an acknowledgement within two weeks, please contact the Department to confirm your application has been received Ballina, Co. Mayo
When you have the applications form completed, please forward it along with the correct fee to the address given across. If you do not receive an acknowledgement within two weeks, please contact the Department to confirm your application has been received Telephone: (096) 24200
When you have the applications form completed, please forward it along with the correct fee to the address given across. If you do not receive an acknowledgement within two weeks, please contact the Department to confirm your application has been received Fax: (096) 24400
When you have the applications form completed, please forward it along with the correct fee to the address given across. If you do not receive an acknowledgement within two weeks, please contact the Department to confirm your application has been received LoCall (1890) 40 60 40
1. Please state the category in which you wish to be tested A list of the categories and a description of the type of (please note that you may apply for a test in respect of one category only)
vehicle which they cover is given overleaf)
--- --- ---
2. Have you previously applied for a driving test? Yes If yes, please give the approximate date of the test
No. ________
--- --- ---
3. Please nominate the Centre at which you wish to be tested. (A list of Centres is given on the back of this form).
4. What is your date of birth? . . . . . . . . . . . . . . . . . .
DAY MON YEAR
--- --- --- ---
5. Please indicate any date, (e.g. a particular day each week) or periods when you will be UNAVAILABLE to undergo the test e.g. exams, holidays, etc. DAYS Mon Tue Wed Thur Fri
PERIODS From
--- --- --- ---
6. Do you have any physical disability which requires you to drive a specially adapted vehicle? Yes No
--- --- ---
7. Any other relevant information about your application. _______
_______
--- --- --- ---
8. Please list the telephone numbers at which you may be contacted.
HOME WORK
--- --- ---
9. Please give your full name (Mr. M/s. etc.) and Address (BLOCK CAPITALS) Mr/Ms, etc.
Surname
First Name(s)
Address
--- --- --- ---
10. I wish to apply for a driving test and I declare that the information which I have furnished is correct. SIGNATURE OF APPLICANT ___
DATE ___

Form D.302 — Certificate of competency.

Form D.401 — Application for a driving licence.

Form D.402 — Driving licence.

Side 1

Side 2

Form D.501 — Medical report.

Form D.502 — Eyesight report.

Form D.503 — Certificate of fitness.

ROAD TRAFFIC ACT, 1981

Name of

Applicant....................................

Address......................................

.....................................................

.....................................................

CERTIFICATE OF FITNESS

Having considered the application of the person named above for a Certificate of Fitness and the accompanying report of the registered medical practitioner as to the relevant aspects of the applicant's physical and mental condition, I hereby certify that the applicant is fit to drive vehicles to class(es):

The period of validity of this Certificate, for the purpose of sub-article 2 of Article 37 of the Road Traffic (Licensing of Drivers), Regulations, 1999, is:

............................................................ ............................................................ ............................................................ .........

SIGNED............................................................ ............................................................ .......................................................

Designated Officer

DATE............................................................ ............................................................ ...........................................................

Ordinary Signature

of Applicant............................................................ ............................................................ ...................................................

IMPORTANT NOTES

Form D.800 — Application for duplicate driving licence or duplicate provisional licence.

Form D.900 — Recognised driving licence declaration.

EXCHANGE OF DRIVING LICENCE

DECLARATION OF VALIDITY OF RECOGNISED DRIVING LICENCE

I hereby declare that my normal residence is in Ireland and:- I hereby declare that my normal residence is in Ireland and:-
(a) I hold a genuine driving licence issued in
(insert name of State)
(b) the particulars of my ____ driving licence are as follows:- the particulars of my ____ driving licence are as follows:-
--- --- --- ---
reference number
expiry date
day month year
categories of vehicle
issuing authority
(c) I took up normal residence in Ireland on (insert date)
day month year
--- ---
(d) I wish to surrender my ____ driving licence
and to receive in exchange an Irish driving licence.
Signature ____ Date _______
--- --- ---
Name and address ___________
(in BLOCK letters please)
(in BLOCK letters please) ___________
___________
--- ---
The above declaration must be provided by a person who is resident in Ireland and who wishes to exchange a recognised driving licence for an Irish driving licence. A recognised driving licence is a driving licence issued in a member state of the European Union or of the European Economic Area, or a State declared to be a “recognised State” under the Road Traffic (Licensing of Drivers) Regulations, 1999.
All recognised licences presented for exchange purposes must either be current, OR:-
--- --- ---
(a) in the case of licences issued by a member of state of the European Union or of the European Economic Area, have expired within the ten year period preceding the date of licence exchange application,
OR
(b) in the case of licences issued by a “recognised State” other than a member state of the European Union or of the European Economic Area, have expired within the twelve month period preceding the date of licence exchange application.

SCHEDULE 2 Disqualifying diseases and disabilities.

Articles 9 , 15 , 23 and 42

Dependence on or regular abuse of psychotropic substances.

Serious arrhythmia resulting in loss of consciousness.

SCHEDULE 3 Diseases or disabilities where a medical report is required.

Articles 15 , 23

42

Alcoholism.

Any physical disablement which is likely to affect ability to drive safely.

Any illness which requires the regular use of psychotropic substances.

Any illness or disease which requires the regular use of medications likely to affect ability to drive safely.

Cardiovascular diseases.

Diplopia, defective binocular vision or loss of visual field.

Serious hearing deficiency.

Diabetes.

Epilepsy.

Encephalitis, multiple sclerosis, myasthenia gravis or hereditary diseases of the nervous system associated with progressive muscular atrophy and congenital-myotonic disorders.

Diseases of the peripheral nervous system.

Trauma of the central or peripheral nervous system.

Cerebrovascular diseases.

Lesion with damage to spinal cord and resultant paraplegia.

Mental disturbance due to disease or trauma of, or operation upon, the central nervous system.

Severe mental retardation.

Psychosis.

Psychoneurosis or personality disorders.

Serious diseases of the blood.

Any disease of the genito-urinary system (including renal disorder) which is likely to affect ability to drive safely.

SCHEDULE 4 Driving operations to be carried out during the practical driving test.

Article 29

Part 1

Part 2

1.

Preparation of the vehicle.

Drivers must be capable of:—

2.

Drivers must demonstrate that they are capable of using the vehicle controls by satisfactorily performing the following manoeuvres:—

Drivers must be able to use the secondary controls of the vehicle:—

windscreen wipers, windscreen washers, demister, air-conditioning (where fitted) and lights (except for category A1, A and M).

3.

(a) Drivers must be able to perform all the usual manoeuvres in complete safety in normal traffic situations, taking all the necessary precautions:—

and, if the opportunity is given—

4.

In addition to the foregoing requirements, the manoeuvres outlined below must be performed in respect of the following vehicle categories:—

Drivers must know how to:

Drivers must be capable of:—

SCHEDULE 5 Eyesight standards

Article 42

SCHEDULE 6 Aspects and standards of physical and mental fitness

Article 36 and

42

Part 1 Eyesight

1.

The eyesight of an applicant for a licence to drive a vehicle of any category shall be examined with regard to the person's ability to see to the front, to either side and by means of a mirror or mirrors, to the rear of the vehicle. In doubtful cases particular attention shall be paid to visual acuity, field of vision, night vision and progressive eye diseases. When the wearing of corrective lenses is necessary for driving, this shall be recorded on the medical report.

2.

In the case of an applicant for a licence to drive vehicles of category A1, A, B, EB, M or W, the eyesight of the person shall comply with the standards outlined in Schedule 5.

3.

In the case of an applicant for a licence to drive vehicles of category C1, C, D1, D, EC1, EC, ED1 or ED whose first licence in any of said categories was granted before 15 November, 1999—

4.

In the case of an applicant for a licence to drive vehicles of category C1, C, D1, D, EC1, EC, ED1 or ED whose first licence in any of said categories was granted on or after 15 November, 1999—

5.

In the case of an applicant for a driving licence to drive vehicles of any category, who is aged 40 years or more and who has sub-normal vision after correction but nevertheless meets the minimum requirements set out in paragraph 2, 3 or 4 of this Part of this Schedule, as applicable, the cause of loss of vision shall be investigated before the person is certified as fit to drive. Where a disease of the eye is discovered or suspected, the report shall recommend periodic tests at appropriate intervals.

Part 2 Other Aspects of Physical and Mental Fitness

Preamble

Driving is more comfortable and safe if all medical conditions are under optimal control. Specialist opinion may be helpful in cases of doubt, not only to help decision-making when driving may no longer be safe but also to ensure a maximisation of health status and the provision of relevant compensatory measures i.e. spectacles, car choice, vehicle adaptations, physiotherapy.

1.

General

ear conditions (vertigo and labyrinthine conditions),

general physique and physical disabilities,

condition of cardiovascular system,

condition of haemopoietic system,

condition of endocrine system,

condition of respiratory system,

condition of gastro-intestinal system,

condition of genito-urinary system,

condition of nervous system,

condition of mental system.

In so far as any condition of abnormality in any one or more of these aspects would affect such person's fitness to drive safely vehicles of that category having regard to—

2.

General Physique and Physical Disabilities

3.

Hearing

In the case of an applicant for a licence to drive a vehicle of category C1, C, D1, D, EC1, EC, ED1 or ED, fitness to drive shall not be certified if the applicant's hearing is so deficient that it interferes with the proper discharge of his or her duties as a driver.

4.

Cardiovascular Diseases

In this connection, persons with ventricular tachyarrhythmias treated by an implantable cardio-verter-defibrillator (ICD) have an ongoing risk of sudden incapacitation that might cause harm to others while driving. Such persons with New York Heart Functional Class III shall not be certified as being fit to drive. However, fitness to drive may be certified in respect of such patients with New York Heart Functional Class I or II subject to — (i) certification by a consultant cardiologist, and (ii) regular medical review

5.

Endocrine Disorders

6.

Diseases of the Nervous System

fitness to drive shall be certified for a limited period only so as to ensure that the applicant remains under medical supervision.

Neurological disturbances associated with diseases or surgical intervention affecting the central or peripheral nervous system, which lead to sensory or motor deficiencies and affect balance and co-ordination, must be taken into account in relation to their functional effects and the risks of progression. In such cases and in the event of risk of deterioration, fitness to drive shall be for a limited period only.

7.

Mental Disorders

If necessary, certification shall be for a limited period only.

8.

Alcohol

In the case of an applicant for a licence to drive vehicles of any category who suffers from or has suffered in the past from alcoholism, fitness to drive may be certified for a limited period only, so as to ensure that the applicant remains under medical supervision.

9.

Drugs (prescription and illicit) and Medications

In the case of an applicant for a licence to drive vehicles of any category, fitness to drive shall not be certified if the person concerned is dependent on psychotropic substances or, if the person is not dependent on such substances, regularly abuses them.

10.

Diseases of the Blood

In the case of an applicant for a licence to drive a vehicle of any category, special attention shall be paid to serious diseases of the blood.

11.

Renal Disorders

In the case of an applicant for a licence to drive vehicles of any category, fitness to drive shall not be certified where the applicant suffers from severe renal deficiency to such extent that the driving by the applicant of vehicles of the category to which the application relates would be a danger to the applicant or to other road users.

12.

Miscellaneous provisions

SCHEDULE 7 Minimum vehicle requirements for the purposes of the practical driving test.

Article 29

Category Vehicles in Category
A Motorcycle without sidecar with an engine capacity greater than 125 cc and capable of a speed of at least 100 km/h.
A1 Motorcycle without sidecar with an engine capacity greater than 50 cc or with a maximum design speed or more than 45 km/h, but with an engine capacity not exceeding 125 cc.
B Four-wheeled vehicle having a design gross vehicle weight not exceeding 3,500 kg, with passenger accommodation for not more than 8 persons, and capable of a speed of at least 100 km/h.
C Vehicle with passenger accommodation for not more than 8 persons, having a design gross vehicle weight of at least 10,000 kg, a length of at least 7 metres, and capable of a speed of at least 80 km/h.
C1 Vehicle with passenger accommodation for not more than 8 persons, having a design gross vehicle weight of at least 4,000 kg but not exceeding 7,500 kg, and capable of a speed of at least 80 km/h.
D Vehicle having passenger accommodation for more than 8 persons, being at least 9 metres in length, and capable of a speed of at least 80 km/h.
D1 Vehicle having passenger accommodation for more than 8 persons but not more than 16 persons, and capable of a speed of at least 80 km/h.
EB A combination, made up of a category B test vehicle with trailer, capable of a speed of at least 100 km/h, which should be either—
(a) a 4 wheel drive vehicle and trailer, or
(b) a vehicle with a minimum length of at least 4.25 metres and trailer.
The trailer used shall have a design gross vehicle weight of at least 1,400 kg and have internal dimensions of at least 2.4 metres x 1.2 metres.
EC Articulated vehicle having a combined design gross vehicle weight of at least 18,000 kg and an overall length of at least 12 metres, capable of a speed of at least 80 km/h.
EC1 A combination, made up of a category C1 test vehicle with trailer, capable of a speed of at least 80 km/h, and having a combined length of at least 8 metres. The trailer used shall have a design gross vehicle weight of at least 2,000 kg and have internal dimensions of at least 2.4 metres x 1.2 metres.
ED1 A combination, made up of a category D1 test vehicle with trailer, capable of a speed of at least 80 km/h. The trailer used shall have a design gross vehicle weight of at least 1,400 kg and have internal dimensions of at least 2.4 metres x 1.2 metres.
M Two-wheeled mechanically propelled vehicle, not capable of being manually propelled, with an engine capacity not exceeding 50 cc and/or having a maximum design speed not exceeding 45 km/h.
W Work vehicle and land tractor.

SCHEDULE 8 Regulations Revoked

Article 57

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

Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1989 ( S.I. No. 353 of 1989 );

Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1991 ( S.I. No. 320 of 1991 );

Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1993 ( S.I. No. 5 of 1993 );

Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1994 ( S.I. No. 56 of 1994 );

Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1995 ( S.I. No. 217 of 1995 );

Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1996 ( S.I. No. 328 of 1996 );

Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1997 ( S.I. No. 511 of 1997 ).

Dated this 6th day of November, 1999.
ROBERT MOLLOY,
Minister of State at the Department of the Environment and Local Government.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations revoke and consolidate with amendments all Regulations made to date under Part III of the Road Traffic Act, 1961 in relation to the licensing of drivers (other than Regulations incorporated in the Mechanically Propelled Vehicles (International Circulation) Order, 1992).

The main amendments incorporated in these Regulations provide for:—

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