S.I. No. 213/2004 - Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004

The Minister for the Environment, Heritage and Local Government in exercise of the powers conferred on him by sections 5 and 12 of the Roads Act 1920 , sections 1 and 3 of the Finance (Excise Duties) (Vehicles) Act 1952 (No. 24 of 1952), section 3 of the European Communities Act 1972 (No. 27 of 1972), section 65 of the Finance Act 1976 (No. 16 of 1976), section 19 of the Finance (No. 2) Act 1992 (No. 28 of 1992), section 58 of the Finance Act 1993 (No. 13 of 1993) and for the purpose of giving effect to Council Directive 1999/37/EC hereby makes the following Regulations:

1.

• (2) These Regulations and the Road Vehicles (Registration and Licensing) Regulations 1992 to 2003 shall be construed as one and may be cited together as the Road Vehicles (Registration and Licensing) Regulations 1992 to 2004.

• (3) These Regulations shall come into operation on the 28th day of May 2004.

2.

• (1) by the substitution in sub-article 5 of article 1 of the following for the definitions of “registered owner” and “registration certificate”:

‘ “registered owner” means:

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

• (b) where a vehicle has not been registered in the State, the owner, or

• (c) where a vehicle is used under a trade licence, the holder of the licence;

“registration certificate” means a certificate of registration issued by the Minister under section 131 of the Act of 1992 as amended by section 102 of the Finance Act 2003 ;'

• (2) by the insertion in sub-article 5 of article 1 of the following definitions:

“joint licensing records” means records established and maintained pursuant to subsection (2) of section 60 of the Finance Act 1993 as substituted by section 86 of the Finance Act 1994 and amended by section 7 of the Motor Vehicle (Duties and Licences) Act 2003 ; and

“registered” means, as appropriate, registered under section 6 of the Roads Act 1920 or section 131 of the Act of 1992; and

“relevant certificate” means in relation to a vehicle

• (a) where a vehicle has been registered in the State prior to 1 January 1993, the registration book, or

• (b) where a vehicle has been registered in the State on or after 1 January 1993 and first licensed before 28 May 2004, the vehicle licensing certificate, or

• (c) where a vehicle has been first licensed in the State on or after 28 May 2004, the registration certificate, or

• (d) any one or more of these documents as the context may require;

• (3) by the substitution of the word “relevant certificate” for the words “licensing certificate” or “registration book” or “registration book or licensing certificate” or “registration book or vehicle licensing certificate” or “vehicle licensing certificate” or “vehicle licensing certificate or registration book” where they occur in these Regulations,

• (4) by the deletion of the words “registration certificate or” in sub-article (c) of article 3,

• (5) by the substitution of the following for article 6:

“6. (1) The Minister shall, following the licensing of a vehicle which has not been previously licensed in the State, issue to the registered owner a registration certificate in respect of the vehicle in such form as may be provided by the Minister and such certificate shall attach solely to that vehicle.

• (2) Notwithstanding the provisions of sub-article (1) of this article, the Minister may, at his or her absolute discretion, issue to the registered owner of a vehicle a registration certificate in respect of the vehicle and such certificate shall attach solely to that vehicle.

• (3) The relevant certificate for the vehicle shall be produced for inspection by the registered owner at any reasonable time upon the request of a member of the Garda Síochána or an authorised officer.

• (4) No person shall deface or mutilate any relevant certificate for a vehicle or alter or obliterate any entry made therein, or except as provided by sub-articles 9(1) and 10(2) of these Regulations make any entry in, or addition to, such certificate.

• (5) A licensing authority or the Minister may require the registered owner of a vehicle to surrender for correction to that licensing authority or the Minister, as the case may be, the relevant certificate for the vehicle in any case where there is reason to believe that such certificate contains particulars which are not correct, and upon being so required, the registered owner of the vehicle shall surrender it, as appropriate, to the licensing authority or the Minster forthwith, who shall issue or arrange to issue to the registered owner a replacement relevant certificate containing corrected particulars.

• (6) Any person finding a relevant certificate for a vehicle shall hand it over to the Garda Síochána for transmission to the registered owner of the vehicle.

• (7) A licensing authority or the Minister shall, on delivery or surrender of a registration certificate under articles 7 to 11 inclusive of these Regulations issue or arrange to issue, as appropriate, a new certificate to the registered owner.

• (8) A licensing authority or the Minister may issue or arrange to issue, as appropriate, a replacement registration certificate.

• (9) A licensing authority or the Minister may replace or arrange to replace, as appropriate, a vehicle licensing certificate or registration book delivered or surrendered under these Regulations with a registration certificate.”.

• (6) in article 10:

• (a) by the substitution in sub-article 9 of “registered” for “first licensed” and the insertion of “if the vehicle is licensed” after “to the new owner”, and

• (b) by the addition of the following sub-articles:

• “(10)

  • (a) On the sale to a new owner, other than a motor dealer, of a vehicle which is registered but not first licensed in the State, the registered owner selling the vehicle shall notify the Minister in writing of the name and address of the new owner including the date of transfer of ownership and shall deliver form RF100 to the Minister.

  • (b) The Minister shall note the change of ownership and issue a new form RF100 to the new owner.

• (11) Notwithstanding the provisions of this article, the Minister may accept a vehicle registration certificate issued by the Revenue Commissioners under section 131 of the Act of 1992 in place of a written notification or a relevant certificate for the purpose of a transfer of vehicle ownership.”.

3.

EXPLANATORY NOTE.

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

These Regulations facilitate the introduction of the single document required under EU Directive 1999/37/EC which replaces the two documents (i.e. the vehicle registration certificate and the vehicle licensing certificate) used when registering and taxing a vehicle for the first time. A single document called a “registration certificate” will replace the two documents and will be issued by the Vehicle Registration Unit in Shannon, County Clare, which houses the vehicle national file.