Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

PART 1 Preliminary and General

1.. Short title, commencement, collective citation and construction.

1.— (1) This Act may be cited as the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012.

(2) This Act comes into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.

(3) This Act and the Road Safety Authority Act 2006 may be cited together as the Road Safety Authority Acts 2006 and 2012 and shall be read together as one.

2.. Definitions.

2.— In this Act—

“Act of 1961” means Road Traffic Act 1961;

“Act of 2006” means Road Traffic Act 2006;

“Act of 2010” means Road Traffic Act 2010;

“Authority” means Road Safety Authority;

“authorisation” means an authorisation as a CVR test operator under section 9 or 10 or as a CVR tester under section 17;

“authorised officer” means a person appointed under section 24 as an authorised officer;

F1["certificate of roadworthiness" means –

(a) a certificate issued undersection 5, or

(b) an EU roadworthiness certificate;]

“CVR” means commercial vehicle roadworthiness;

“CVR inspector” means—

(a) a member of the Garda Síochána, or

(b) an inspector appointed under section 33;

“CVR test operator” means a person authorised under section 9or 10;

“CVR tester” means a person authorised under section 17;

“CVR testing centre” means a premises specified in a CVR test operator authorisation at which CVR tests may be carried out;

“CVR tests” means tests prescribed by the Minister under section 4;

“CVR vehicle” means a vehicle to which regulations made under section 4 apply;

“deciding officer” means a person designated under section 21;

“direction” means a direction served under section 25, 31 or 35;

F2["EU roadworthiness certificate" in relation to a vehicle means a certificate of roadworthiness within the meaning of the Roadworthiness Directive issued by a Member State competent authority or a Member State testing centre, as the case may be, which has not expired or otherwise been cancelled or revoked and, insofar as the frequency intervals for vehicle testing are concerned, is still valid by reference to the frequency intervals prescribed by regulations undersection 4for the mandatory roadworthiness testing of vehicles to which those regulations undersection 4apply;]

“guidelines” means guidelines issued by the Authority under section 38;

“hire-purchase agreement” means a hire-purchase agreement within the meaning of section 2 of the Consumer Credit Act 1995;

F2["Member State competent authority" means an authority or public body in a Member State (other than the State) with responsibility for managing the system of roadworthiness testing in that Member State including, where appropriate, the carrying out of roadworthiness tests for the purposes of the Roadworthiness Directive;

"Member State testing centre" means a public or private body or establishment in a Member State (other than the State) authorised to carry out roadworthiness tests in that Member State for the purposes of the Roadworthiness Directive;]

“Minister” means Minister for Transport, Tourism and Sport;

“owner”, in relation to a CVR vehicle, means—

(a) in the case of a CVR vehicle which is the subject of a hire-purchase agreement or leasing agreement, the person in possession of the vehicle under the agreement, and

(b) in the case of any other CVR vehicle, the person by whom the vehicle is normally kept;

“pass statement”, in relation to a CVR vehicle, means a statement to the effect that a CVR test operator has carried out, or has caused to be carried out, and is satisfied that a vehicle is roadworthy in respect of, the CVR tests prescribed in relation to it;

“prescribe” means prescribe by regulations made under this Act;

“public place” means a public place within the meaning of section 3 of the Act of 1961;

“Regulations of 2004” means European Communities (Vehicle Testing) Regulations 2004 (S.I. No. 771 of 2004) as amended by—

(a) the European Communities (Vehicle Testing) (Amendment) Regulations 2007 (S.I. No. 709 of 2007),

(b) the European Communities (Vehicle Testing) (Amendment) Regulations 2008 (S.I. No. 311 of 2008),

(c) the European Communities (Vehicle Testing) (Amendment) Regulations 2011 (S.I. No. 710 of 2011), and

(d) the European Communities (Vehicle Testing) (Amendment) Regulations 2012 (S.I. No. 58 of 2012);

F2["Roadworthiness Directive" means Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC^1;]

“risk rating” means a rating determined in accordance with section 39;

“vehicle” means—

(a) a mechanically propelled vehicle (within the meaning of section 3 of the Act of 1961),

(b) a trailer or semi-trailer, or

(c) a combination of one or more of both (a) and (b).

3.. Regulations.

3.— Regulations made under this Act shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next 21 days on which that House sits after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done under those regulations.

PART 2 Commercial Vehicle Roadworthiness

Chapter 1

4.. Mandatory roadworthiness testing of certain vehicles.

4.— (1) The Minister may make regulations providing for mandatory roadworthiness testing of vehicles.

(2) Without prejudice to the generality of subsection (1), regulations under that subsection may provide for—

(a) the categories of vehicles to be tested,

(b) the timing and frequency of tests,

(c) the items to be tested,

(d) the tests to be carried out, the standard required and the testing method,

(e) the facilities and equipment to be used for the purposes of testing and any conditions under which tests are to be carried out,

(f) the persons, and the qualifications and training of persons, who may validly carry out tests,

(g) the persons or bodies that may provide training and certify qualifications under paragraph (f),

(h) the form and manner of application to have a vehicle tested,

(i) the fee payable for any test and by whom such fee is payable,

(j) the issue and the form of a test report,

(k) the issue, form, validity and duration of a pass statement,

(l) the recall and retesting of a vehicle in respect of which a pass statement has been issued,

(m) the revocation of a pass statement and related matters (including the reimbursement of test fees),

(n) the information to be furnished to the Minister and the Authority by CVR test operators and CVR testers in relation to testing.

(3) Regulations under subsection (2)(i) may provide for a fixed amount of any fee payable to be paid to the Authority for the purposes of carrying out its functions under this Part.

(4) A person who carries out, or purports to carry out, a CVR test or who issues, or purports to issue, a pass statement in contravention of any regulations made under this section commits an offence.

(5) In a prosecution for an offence under subsection (4) it is a defence to show that the person charged took all reasonable steps and exercised all due diligence to avoid committing the offence.

5.. Certificate of roadworthiness.

5.— (1) Where a CVR test operator issues a pass statement in relation to tests carried out on a CVR vehicle in accordance with section 4 the Minister shall issue, or cause to be issued, a F3[certificate referred to inparagraph (a)of the definition of "certificate of roadworthiness" insection 2] in respect of that vehicle.

(2) For the purposes of subsection (1) the Minister may make regulations providing for—

(a) the issue, form, display, validity and duration of a F4[certificate referred to inparagraph (a)of the definition of "certificate of roadworthiness" insection 2],

(b) the issue of, and fee for, a F4[certificate referred to inparagraph (a)of the definition of "certificate of roadworthiness" insection 2] and a replacement certificate of roadworthiness,

(c) the revocation of a F4[certificate referred to inparagraph (a)of the definition of "certificate of roadworthiness" insection 2] (and related matters including the reimbursement of fees),

(d) the giving up of a F4[certificate referred to inparagraph (a)of the definition of "certificate of roadworthiness" insection 2] that has been revoked, and

(e) the recall and retesting of a vehicle in respect of which a F4[certificate referred to inparagraph (a)of the definition of "certificate of roadworthiness" insection 2] has been issued.

(3) A person who contravenes a provision of regulations made under subsection (2) that is stated in the regulations to be a penal provision commits an offence and is liable on summary conviction to a class A fine.

(4) The existence of a certificate of roadworthiness that is in force in respect of a vehicle does not affect any prosecution for an offence under the Road Traffic Acts 1961 to 2011.

6.. Offence of using CVR vehicle without certificate of roadworthiness.

6.— F5[(1) A person shall not use a CVR vehicle in a public place unless at the time there is in force in respect of the vehicle a certificate of roadworthiness or the vehicle is the subject of an exemption undersection 135of theFinance Act 1992(No. 9 of 1992) in force for the time being.]

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 3 months, or to both.

(3) Where a person who contravenes subsection (1) is not the owner of the vehicle, the owner of the vehicle also commits an offence and is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 3 months, or to both.

(4) Where the owner of a vehicle is charged with an offence under subsection (3) it is a defence to the charge if the owner shows that at the time of the alleged offence the vehicle was used without his or her consent.

(5) A certificate purporting to be signed by an officer of the Authority and to certify that on a specified day or days, or during the whole of a specified period, no certificate of roadworthiness was in force in respect of a specified CVR vehicle shall, without proof of the signature of the person purporting to sign the certificate or that he or she was an officer of the Authority, be evidence, until the contrary is shown, of the matters purporting to be certified in or by the certificate.

(6) Where in a prosecution for an offence under subsection (2) or (3) it is shown that, a demand having been made of a person under section 7, the person—

(a) refused or failed to produce a certificate of roadworthiness, or

(b) having produced a certificate of roadworthiness to a member of the Garda Síochána, refused or failed to permit him or her to read and examine it,

it shall be presumed, until the contrary is shown, that the vehicle was being used in contravention of subsection (1).

7.. Power to require production of certificate of roadworthiness.

7.— (1) Where a member of the Garda Síochána has reasonable grounds for believing that F6[a CVR vehicle, other than a CVR vehicle which is the subject of an exemption undersection 135of theFinance Act 1992(No. 9 of 1992) in force for the time being,] has been used in a public place on a particular occasion (including a case in which the member has himself or herself observed the use) and that the actual user of the vehicle on that occasion was a particular person, the member may, at any time not later than one month after the occasion, demand of the person the production of a certificate of roadworthiness in respect of the vehicle in force on the occasion and, if the person refuses or fails to produce the certificate then and there, he or she, unless within 10 days after the day on which production was demanded he or she produces the certificate in person to a member of the Garda Síochána at a Garda station named by the person at the time at which the production was demanded, commits an offence.

(2) Where a member of the Garda Síochána has reasonable grounds for believing that F6[a CVR vehicle, other than a CVR vehicle which is the subject of an exemption undersection 135of theFinance Act 1992(No. 9 of 1992) in force for the time being,] has been used in a public place on a particular occasion (including a case in which the member has himself or herself observed the use), the member may, at any time not later than one month after the occasion, demand of the owner of the vehicle the production of a certificate of roadworthiness in respect of the vehicle in force on the occasion and, if the owner refuses or fails to produce the certificate then and there, he or she, unless within 10 days after the day on which production was demanded he or she produces the certificate in person to a member of the Garda Síochána at a Garda station named by the owner at the time at which the production was demanded, commits an offence.

(3) Where a person produces a certificate of roadworthiness to a member of the Garda Síochána but refuses or fails to permit the member to read and examine it, that person commits an offence and the member may demand his or her name and address and date of birth.

(4) Where a person whose name and address and date of birth are demanded under subsection (3) refuses or fails to give his or her name or address or date of birth or gives a name or address or date of birth which is false, he or she commits an offence.

(5) A person guilty of an offence under this section is liable on summary conviction to a class A fine.

(6) A member of the Garda Síochána may arrest without warrant a person who—

(a) under this section produces a certificate of roadworthiness but refuses or fails to permit the member to read or examine it, or

(b) when his or her name and address and date of birth are demanded under this section, refuses or fails to give his or her name or address or date of birth or gives a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading.

8.. Production of certificate of roadworthiness when licensing mechanically propelled vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952.

8.— The Minister may make regulations requiring persons applying for a licence under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 in respect of a mechanically propelled vehicle—

(a) to make such declaration and produce such evidence as is necessary to show whether the vehicle is or is not a CVR vehicle, and

(b) where it is a CVR vehicle, to produce a certificate of roadworthiness or provide evidence of such which will be in force in respect of the vehicle when the licence comes into operation.

Chapter 2

9.. CVR test operators.

9.— (1) The Minister may, on application to him or her, authorise persons (“CVR test operators”) to operate specified CVR testing centres, carry out, or cause to be carried out, CVR tests and issue pass statements in respect of CVR vehicles.

(2) An authorisation under subsection (1) shall be in a form prescribed by the Minister and may include conditions relating to all or any of the following:

(a) the categories of vehicles that may be tested;

(b) the tests that may be carried out;

(c) requirements relating to the specified CVR testing centre;

(d) requirements relating to testers;

(e) requirements relating to the towing and storage of vehicles to be tested;

(f) requirements relating to the use of the specified CVR testing centre by authorised officers and CVR inspectors for inspection and enforcement purposes;

(g) requirements relating to the installation and use of the information system established under section 28 and in particular the simultaneous transfer of test data and information generated by test equipment by means of that system;

(h) the display of the CVR test operator’s authorisation at the specified CVR testing centre;

(i) the notice to be given to the Authority prior to commencement of vehicle testing;

(j) the information to be furnished to the Authority in relation to testing;

(k) any transfer of the authorisation, including a prohibition on transferring the authorisation;

(l) the reimbursement of the administrative costs of—

(i) repeated inspections under section 25,

(ii) reconnecting the information system established under section 28 following the termination, or expiry, of a suspension of the authorisation.

(3) It is a condition of any authorisation issued under this section that the CVR test operator comply with this Part (including any regulations under this Part and any guidelines).

(4) A CVR test operator who fails to display his or her authorisation in accordance with regulations made under this section commits an offence and is liable on summary conviction to a class B fine.

10.. Transitional provision — authorised testers under Regulations of 2004.

10.— (1) Subject to subsection (2), an authorised tester under Regulation 6 of the Regulations of 2004 is, where such authorisation is in force immediately before the commencement of this section and subject to any conditions of that authorisation, authorised as a CVR test operator.

(2) An authorisation as a CVR test operator under subsection (1) expires at the end of 2 years after the commencement of this section, and the person authorised may apply, subject to subsection (3), for a renewal of the authorisation under section 15.