S.I. No. 550/2001 - Road Traffic (National Car Test) (No 3) Regulations, 2001

Type Statutory Instrument
Publication 2001-12-05
Last updated 2003-09-08
State Repealed superseded text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.

3 amending acts · 2003-09-08, S.I. No. 405/2003 - Road Traffic (National Car Test) Regulations 2003

Reform history JSON API

In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 5 , 11 , 18 and 123 of the Road Traffic Act, 1961 , (No. 24 of 1961) which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997 ( S.I. No. 427 of 1997 ) and for the purposes of giving effect to the provisions of Council Directive 96/96/EC1 , I, Robert Molloy, Minister of State at the Department of the Environment and Local Government hereby make the following Regulations:

1.

1.

(1) These Regulations may be cited as the Road Traffic (National Car Test) (No 3) Regulations, 2001.

2.

2.

(1) In these Regulations:-

“anniversary of first registration” means a date that is one or more years after the date on which a vehicle was first registered;

“authorised person” means a person designated by the Minister to act on the Minister's behalf for the purposes of inspecting premises, equipment, vehicles, records, personnel and systems in connection with the operation of these Regulations;

“biennial” means a date that is one or more periods of two years after a date that is specified in sub-article (1) of article 4;

“certificate of suitability” means a certificate issued in accordance with Article 17;

“date of first registration” means the date on which a vehicle was first registered, irrespective of place of registration, or where only the year of first registration is known, that year, in combination with the day and month of first registration in the State;

“design gross vehicle weight” means the design gross weight of the vehicle as specified by the manufacturer of the vehicle or, where such is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer;

“driver” means the person in charge of a mechanically propelled vehicle when it is in a public place;

“first licence” means the first licence issued for a vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 ;

“historic vehicle” means a vehicle to which sub-paragraph (a) of paragraph 5 of part 2 of the Schedule to the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952) applies;

“issuing authority” means the authority so designated in accordance with article 14;

“licence” means a licence issued for a vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 ;

“licensing authority” means the council of a county or the corporation of a county borough which for the time being exercises or performs the functions of a licensing authority under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 ;

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

“National Car Testing Service Limited” means the company of that name incorporated in Ireland;

“owner” means-

“Principal Act” means the Road Traffic Act, 1961 (Number 24 of 1961);

“re-test” means the examination carried out on a vehicle in accordance with these Regulations, subsequent to the refusal of a test certificate in respect of that vehicle, provided -

“small public service vehicle” means a hackney, limousine, taxi or wheelchair accessible taxi as defined in the Road Traffic (Public Service Vehicles) Regulations, 1963 to 2000;

“small public service vehicle licence” means a hackney licence, a limousine licence, a taxi licence or a wheelchair accessible taxi licence as defined in the Road Traffic (Public Service Vehicles) Regulations, 1963 to 2000;

“test” means an examination of a vehicle carried out in accordance with these Regulations;

“testing authority” means the authority designated in accordance with sub-article (1) of article 9;

“test centre” means a premises in which the testing authority carries out tests on vehicles in accordance with these Regulations;

“test certificate” means a certificate in the form set out in the First Schedule;

“test disc” means a disc in the form designated as the NCT disc on the test certificate;

“test due date” means the date specified in sub-article (2) of article 4 in respect of a vehicle which is not a small public service vehicle and the date specified in sub-article (4) of the said article in respect of a small public service vehicle;

“test equipment” means the equipment used by the testing authority to carry out tests on vehicles in accordance with these Regulations;

“Test Manual” means the National Car Test (NCT) Manual, 1999, published by the Stationery Office in August 1999, together with any amendments made thereto by the Minister;

“valid test disc” means a test disc which is displayed on a vehicle in respect of which there is in force a test certificate;

“vehicle” means a mechanically propelled vehicle.

3.

3.

(1) Subject to sub-article (2) and to article 4, section 18 of the Principal Act and these Regulations shall apply to vehicles having at least four wheels, which are designed and constructed primarily for the carriage of passengers and which have a maximum of 8 seats excluding the driver's seat and a maximum design gross vehicle weight of 3,500 kilograms.

4.

4.

(1) Subject to sub-article (2) of article 3 and sub-article (3), section 18 of the Principal Act and these Regulations shall apply to a vehicle, other than a small public service vehicle, that was first registered -

5.

5.

A person shall not use in a public place a vehicle to which these Regulations apply unless there is displayed on the front windscreen of the said vehicle a valid test disc.

6.

6.

(1) Subject to sub-article (2), from 1 April 2000, a licensing authority shall refuse to issue the first licence, or renew a licence, for a vehicle to which these Regulations apply unless the application for such licence or such renewal is accompanied by a test certificate which will be in force in respect of the vehicle on the day on which such licence comes into operation.

7.

7.

(1) Subject to sub-article (2), a test certificate shall cease to be in force on the next test due date which occurs after the said certificate was issued.

shall continue in force until the subsequent test due date.

8.

8.

(1) The application to have a test, or a re-test as the case may be, carried out on a vehicle shall be deemed to be a simultaneous application for a test certificate and shall be made to the testing authority.

9.

9.

(1) National Car Testing Service Limited is hereby designated as the testing authority for the purposes of carrying out tests in accordance with the Principal Act and these Regulations.

10.

10.

(1) Subject to sub-article (4), the fee for a test shall be £37.80 prior to 1 January 2002 and €48 thereafter,

11.

11.

(1) In carrying out a test on a vehicle, the items to be tested, the methods of testing and the reasons for failure shall be in accordance with the Test Manual.

12.

12.

(1) Upon completion of a test of a vehicle pursuant to these Regulations, the testing authority shall provide the issuing authority with the test report.

13.

13.

(1) The issuing authority shall be satisfied that a vehicle complies with the prescribed requirements for the issue of a test certificate unless the test report in respect of the said vehicle sets out one or more of the reasons for refusal of a test certificate, that are provided for in sub-article (2).

14.

14.

The Minister for the Environment and Local Government is hereby designated to be the issuing authority for the purposes of paragraphs (a), (b) and (c) of sub-section (8) of section 18 of the Principal Act

15.

15.

Where, in the case of an appeal under sub-section (8) of section 18 of the Principal Act, a Judge of the District Court directs a new test of the vehicle, the new test shall be carried out within 21 days of such direction, by a person employed by the testing authority, other than the person by whom the test which gave rise to the refusal of a test certificate was carried out and, if the owner so requests, at a another test centre nominated by the said owner.

16.

16.

(1) Subject to sub-article (2), the testing authority may, on application from the owner of a vehicle which it has tested, issue a duplicate test certificate and test disc or a duplicate of the test report in respect of such vehicle to the owner.

17.

17.

(1) The testing authority may issue a certificate of suitability in respect of a vehicle for use as a hackney, a limousine, a taxi or a wheelchair accessible taxi, when, upon inspection, it is satisfied that the said vehicle complies with the requirements in the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2000 and the requirements of the Road Traffic (Public Service Vehicles) Regulations 1963 to 2000, in so far as they apply to vehicles for such use.

18.

18.

(1) At any reasonable time, an authorised person may inspect premises, equipment, vehicles, records, personnel and systems and any other matters in connection with the carrying out of tests pursuant to these Regulations for the purpose of making a report to the Minister.

19.

19.

(1) Article 5 of these Regulations shall be a penal Regulation.

20.

20.

The Road Traffic (National Car Test) Regulations, 1999 ( S.I. No. 395 of 1999 ), the Road Traffic (National Car Test) Regulations, 2000 ( S.I. No. 368 of 2000 ), the Road Traffic (National Car Test) Regulations, 2001 ( S.I. No. 32 of 2001 ) and the Road Traffic (National Car Test) (No 2) Regulations, 2001 ( S.I. No. 298 of 2001 ) are hereby revoked with effect from 1 January 2002.

FIRST SCHEDULE

Form of test certificate and test disc

PART 1 OF THE SECOND SCHEDULE

Form of test report (compression ignition engine)

PART 2 OF THE SECOND SCHEDULE

Form of test report (spark ignition engine)

THIRD SCHEDULE2

Reasons for refusal of a test certificate

Section 2: emissions: exhaust smoke (compression ignition engine)

(1)3 in the case of vehicles registered on or after 1 January 1980, the average smoke meter reading is higher than 2.5m^-1 in the case of naturally aspirated compression ignition engines, or where the average smoke meter reading is higher than 3.0m^-1 in the case of turbo charged compression ignition engines.

Section 3: emissions: carbon monoxide

Section 3 emissions: hydrocarbon (HC)

Section 3:emissions: lambda

Section 4: service brake pedal

Section 5: service brake operation

Section 6: mechanical brake hand lever

Section 7 : seats

Section 8: horn

Section 9: windscreen wipers and washers

Section 11: rear view mirror(s)

Section 12: speedometer

Section 13: safety belts

Section 14: steering wheel play

Section 21: service brake performance

Section 22: service brake imbalance

Section 23: parking brake performance

Section 24: parking brake imbalance

Section 26: stop lamps

Section 27: rear lamps and registration plate lamps

Section 28: indicators/tell tales

it is not amber in colour, or

in the case of a semaphore type only, does not extend six inches beyond the outline of the vehicle.

Section 29: side lamps

Section 30: headlamp condition:

Section 34: reflectors

Section 35: bodywork

Section 36: tyre condition

Section 37: tyre specification

Section 38: tyre tread

Section 39: wheels

Section 41: brake fluid

Section 42: chassis/underbody

Section 43: steering linkage

rack and pinion steering -

steering box -

Section 44: wheel bearings

Section 45: front springs

spring(coil/leaf), torsion bar -

spring eye- bolts/shackle pins-

air, hydrolastic, hydragas suspension -

bonded suspension units -

Section 46: front suspension

in respect of wishbones, swinging arm, track control arm, suspension strut -

in respect of anti-roll bar, torque arm/rod, radius rod/link. -

in respect of bushes, ball joints, and sliding bushes or swivel Joints

Section 47: brake lines/hoses

Section 48: shock absorber condition

Section 49: electrical system

Section 50: fuel system

fuel tank, fuel filter systems and fuel lines -

throttle control -

Section 51: brake wheel units

Section 52: mechanical brake components

in relation to actuating levers -

Section 53: master cylinder/servo/valves/connections

Section 54: exhaust system/noise

silencer -

Section 55: rear suspension

axle beam, trailing arm, wishbones, swinging arm, track control arm, suspension strut-

anti-roll bar, transverse rod, radius rod/link -

bushes, ball-joints, sliding bushes or swivel joints

Section 56: rear springs

spring(coil/leaf), torsion bar -

spring eye- bolts/shackle pins -

air, hydrolastic, hydragas suspension -

bonded suspension units -

FOURTH SCHEDULE

NCTS logo

Certificate of Suitability

Part 1

Public service vehicle Licence No.______

Test certificate (NCT certificate) number______

It is hereby certified that the vehicle described in Part 2 of this certificate, and for which a test certificate has been issued was inspected on ______ (insert date) in accordance with article 17 of the Road Traffic (National Car Test) (No 3) Regulations, 2001 and that as a result the testing authority is satisfied that the vehicle conforms with the requirements particular to the use of a vehicle as a:

HACKNEY/ LIMOUSINE/ TAXI/ WHEELCHAIR ACCESSIBLE TAXI

(delete as necessary)

that are set out in the Road Traffic (Construction, Equipment and Use of Vehicles)

Regulations 1963 to 2000 and the Road Traffic (Public Service Vehicles)

Regulations 1963 to 2000, and is suitable for such use.

Signed _________
(Authorised signature)

Date of issue of this certificate: ____

Part 2; Particulars of vehicle

Registration Number:________

Chassis Number:_____

Make _______

Model ________

Colour ________

Maximum no. of passengers _______


Dated this 5th day of December, 2001
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 consolidate the statutory provisions concerned with the National Car Test, the suitability testing and periodic roadworthiness testing of small public service vehicles in one Statutory Instrument.

They also specify certain reasons for failure of a test to be additional reasons for refusal of a test certificate and specify various NCT-related fees in Euros.

Footnotes

1

O.J. No. L 46/11 of 17.02.97

2

Words and technical expressions used in this Schedule are to be construed by reference to the National Car Test (NCT) Manual 1999

3

These numerical references are not cross-referenced with the National Car Test (NCT) Manual

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