30/04/1925: The Road Vehicles (International Circulation) (Incoming Vehicles) Regulations, 1925.

PROVISIONAL RULES AND ORDERS. DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH. ROAD VEHICLES.

THE ROAD VEHICLES (INTERNATIONAL CIRCULATION) (INCOMING VEHICLES) REGULATIONS, 1925.

WHEREAS by Section 13 of the Finance Act, 1920, as adapted by the Adaptation of Enactments Act, 1922 , certain duties of excise are made chargeable in respect of mechanically propelled vehicles used on public roads, and it is enacted in effect that the Minister for Local Government and Public Health (hereinafter called "the Minister,") may make regulations providing for the total or partial exemption, for a limited period from the duty payable under that Section, of any vehicle brought into Saorstát Eireann by persons making only a temporary stay in Saorstát Eireann.

AND WHEREAS by the Roads Act, 1920, as adapted by the Adaptation of Enactments Act, 1922 , provision was made for the levying of the said duties by County Councils, and it is enacted in effect that the Minister may make regulations with respect to the registration of vehicles, and for extending any provisions as to registration and provisions incidental to any such provisions, to any vehicles in respect of which duty under Section 13 of the Finance Act, 1920, is not payable, and for providing for the identification of any such vehicles, and otherwise for the purpose of carrying that Act into effect:

AND WHEREAS by the Road Vehicles (Registration and Licensing) Regulations, 1921, regulations have been made for the purpose of carrying the said Roads Act, 1920, into effect:

AND WHEREAS by the Motor Car (International Circulation) (Amendment) Order, 1921, it is provided in effect that the Minister may make regulations as to the application by persons in charge of motor cars brought temporarily into Saorstát Eireann by persons resident abroad and intending to make only a temporary stay in Saorstát Eireann for the issue of licenses to drive such cars,

AND WHEREAS by the Road Vehicles (International Circulation Permit) Regulations, 1921, as adapted by the Adaptation of Enactments Act, 1922 , provisional regulations have been made under the powers hereinbefore recited in relation to vehicles brought into Saorstát Eireann by persons making only a temporary stay therein:

(a) providing for the total or partial exemption of such vehicles from the said duties, and

(b) extending provisions as to registration and provisions incidental thereto to such vehicles, and

(c) providing for the identification of such vehicles, and also provisional regulations under the said Motor Car (International Circulation) (Amendment) Order, 1921:

AND WHEREAS it is expedient that the said Road Vehicles (International Circulation) Permit Regulations, 1921, shall cease to have effect, and that the provisional regulations hereinafter appearing be substituted therefor:

Now, therefore, I, the Minister, do hereby certify under Section 2 of the Rules Publication Act, 1893, that on account of urgency, these regulations should come into immediate operation, and in exercise of the powers hereinbefore recited, and of all other powers enabling me in this behalf, do order and declare that the said Road Vehicles (International Circulation Permit) Regulations, 1921, shall cease to have effect, and do hereby make and prescribe the following Regulations, to come into operation forthwith as Provisional Regulations, that is to say:—

PRELIMINARY.

Short title and interpretation.

1. (1) These Regulations may be cited as the Road Vehicles (International Circulation) (Incoming Vehicles) Regulations, 1925.

(2) The Interpretation Act, 1923 , applies for the interpretation of these Regulations as it applies for the purpose of interpretation of an Act of the Oireachtas.

Definitions.

2. In these Regulations—

The expression "Registration Authority" means either the Royal Irish Automobile Club, Dawson Street, Dublin; th Automobile Association, Suffolk Street, Dublin; or the Council of any County which adjoins Northern Ireland; or the Council of the County Borough of Dublin.

The expression "Council" means County Council as defined in the Roads Act, 1920.

The expression "International Travelling Pass" means an International Travelling Pass issued in accordance with Article 3 of First Schedule to the Motor Car (International Circulation) Order, 1910.

The expression "Local Taxation Officer" means the selected officers of the Council to whom powers or duties similar to those exercisable or performed by officers of Customs and Excise have been delegated by the Council.

The expression "Owner" means the person by whom the vehicle is kept and used.

PART I. International Circulation Permits.

Holders of Permits to be exempt from Duty.

3. Any person who shall obtain an International Circulation Permit under these Regulations (hereinafter called "Permit") in respect of a mechanically propelled vehicle and shall otherwise comply with these Regulations shall subject to the provisions of Regulation 16 (ii) (c) hereof be exempt during the period for which such permit is valid from the duty payable under Section 13 of the Finance Act, 1920, in respect of that vehicle.

Application for Permit.

4. Any person making only a temporary stay in Saorstát Eireann who brings into Saorstát Eireann a vehicle in respect of which duty is, apart from these Regulations, imposed upon him by Section 13 of the Finance Act, 1920, and who desires to obtain a Permit in respect of that vehicle, shall apply to a Registration Authority by means of an application in the Form A set out in the First Schedule hereto, and if the applicant is the holder of an International Travelling Pass shall forward such International Travelling Pass with the application.

Form and effect of Permit.

5. (i) Permits shall be in the Form B set out in the Second Schedule hereto.

(ii) The Permit shall be carried upon the vehicle in like manner as if it were a License issued under the Roads Act, 1920, and the Road Vehicles (Registration and Licensing) Regulations, 1921, and the provisions of Sub-sections (2) and (3) of Regulation 4 of those Regulations and Part II of the Second Schedule thereto shall apply accordingly.

(iii) A Registration Authority may, if they think fit, supply to the person to whom a Permit is issued if he so desires a holder for the Permit and make a charge for it.

Registration card.

6. A Registration Card containing such particulars relative to the vehicle in respect of which it is issued, as the Minister may from time to time direct, shall be issued to every owner of a mechanically propelled vehicle in respect of which a Permit is issued. The Registration Card shall be produced for inspection by the owner at any reasonable time upon request by a Police Officer or Local Taxation Officer.

Loss, destruction or defacement of Permits or Registration cards.

7. (1) No person shall deface or mutilate any Permit or Registration Card or alter or obliterate any entry made therein or make any addition thereto, or make or exhibit any colourable imitation thereof.

(2) If a Permit or Registration Card issued by a Registration Authority under these Regulations has been lost, destroyed, or accidentally defaced, the owner of the vehicle may apply to the Registration Authority for the issue to him of a duplicate Permit or Registration Card, as the case may be, and the Registration Authority upon being satisfied as to such loss, destruction or defacement, and where the Permit or Registration Card has been accidentally defaced, upon the surrender of the Permit or Registration Card so defaced, shall issue a duplicate so marked on payment of a fee of five shillings, and the duplicate so issued shall have the same effect as the original Permit or Registration Card.

Issue of Permit, Registration Card and Driving Licence.

8. Upon receipt by a Registration Authority of an application for a Permit the Registration Authority to whom such application is made shall, if they are satisfied that the owner is making only a temporary stay in Saorstát Eireann, and that the vehicle in respect of which the application is made has been brought by the owner into Saorstát Eireann,

(i) issue to the owner a Permit, and

(ii) enter thereon before issue thereof—

(a) the index mark and registration number of the vehicle:

(b) the date to which the Permit is valid; and

(c) a stamp or other sufficient mark indicating the name of the Registration Authority by whom the Permit is issued and the date of issue;

(iii) prepare and issue to such owner the Registration Card with the appropriate particulars entered thereon, such Registration Card being affixed to the International Travelling Pass (if any) held by the owner in respect of the vehicle;

(iv) if the owner is the holder of a valid International Travelling Pass issued in respect of the vehicle, issue a licence or licences in the Form C set out in the Third Schedule hereto to drive such vehicle to the person or persons whose name or names appear in the Pass as driver or drivers of the vehicle; and

(v) retain the application, and advise the Minister of the issue of such permit and licence (if any).

Index mark and Registration number.

9. The index mark and registration number of a vehicle in respect of which a Permit is issued shall be—

(i) in the case of a vehicle brought into Saorstát Eireann from a country which is a party to the International Circulation Convention by a person holding a valid International Travelling Pass issued in respect of such vehicle by that country, the registration number allotted to the vehicle by that country; and

(ii) in the case of any other vehicle an index mark consisting of the letters ZZ and a registration number assigned by the Registration Authority issuing the Permit.

Display of identification mark.

10. (i) An identification mark as prescribed in the preceding Regulation shall be carried by a vehicle in respect of which an International Circulation Permit has been issued and shall be exhibited in like manner as if it were an identification mark assigned under the Roads Act, 1920, and Regulations 21 to 25 inclusive of the Road Vehicles (Registration and Licensing) Regulations, 1921, and the Fourth Schedule thereto shall apply accordingly.

(ii) A Registration Authority which assigns an index mark or registration number to a vehicle under these Regulations may, if they think fit, supply to the owner of such vehicle if he so desires the plates forming the identification mark of the vehicle and make a charge for them.

Registers to be kept.

11. Each Registration Authority shall establish and maintain in such form as the Minister may direct a register of vehicles in respect of which Permits are issued and a register of licences to drive such vehicles issued under these Regulations.

Period for which Permit continues in force.

12. A Permit shall be valid until the expiration of a period of four months from the date upon which the vehicle in respect of which such Permit is issued was brought into Saorstát Eireann unless previously surrendered. Provided that if the applicant for a Permit has at any time during the period of one year immediately preceding the date of application been the holder of another Permit, then in such case the period of four months above referred to shall be reduced by the number of days for which such other Permit was in force.

Permit and Registration Card to be surrendered if vehicle destroyed or transferred.

13. If a vehicle in respect of which a Permit has been issued is broken up or destroyed or is sold or otherwise transferred to some person other than the person to whom such Permit was issued during the period for which such Permit is valid the person to whom such Permit was issued shall forthwith inform the Registration Authority by whom the Permit was issued of such breaking up, destruction, sale or other transfer, and in the case of a sale or other transfer of the name and address of the person to whom the vehicle has been so sold or transferred, and shall at the same time surrender to the said Registration Authority the Permit and Registration Card issued in respect of the said vehicle; and the Registration Authority shall advise the Minister of the surrender of such Permit.

Permit and Registration Card to be surrendered if vehicle removed from Saorstát Eireann.

14. If the vehicle in respect of which a Permit has been issued is about to be removed from Saorstát Eireann during the period for which such Permit is valid the person to whom such Permit was issued shall before such vehicle is removed from Saorstát Eireann surrender the Permit and Registration Card to the Registration Authority by whom such Permit and Card were issued; and the Registration Authority shall advise the Minister of the surrender of such Permit.

Identification marks of destroyed, transferred or removed vehicles to become void and not be assigned to other vehicles.

15. When any vehicle in respect of which a Permit has been issued is broken up or destroyed or removed from Saorstát Eireann or sold or otherwise transferred from the owner to some person in Saorstát Eireann, the index mark and registration number assigned to the vehicle under Regulation 9 hereof shall become void and shall not be assigned to any vehicle to be used in Saorstát Eireann. Provided that—

(i) if the person to whom the said Permit is issued shall at any time within three years after the date of issue of such Permit apply for another Permit in respect of the same vehicle the said index mark and registration number may be assigned to such vehicle; and

(ii) nothing herein contained shall render such index mark and registration number invalid for the purposes of an International Travelling Pass issued in Saorstát Eireann for travelling in other countries.

Vehicles used after Permit ceases to be in force.

16. (i) Any person to whom a Permit has been issued in respect of a vehicle shall before using such vehicle at any time after the expiration of the period for which such Permit was valid apply for and obtain a Licence under the Finance Act, 1920, as amended by the Roads Act, 1920.

(ii) For the purposes of this Regulation the Road Vehicles (Registration and Licensing) Regulations, 1921, shall be modified as follows:—

(a) If the owner satisfies the Council within whose area he is temporarily residing that the vehicle is not ordinarily kept within the area of any Council and that he has no principal place of business or permanent postal address in Saorstát Eireann, application for a licence may be made to the said Council and a licence issued by them.

(b) The owner shall, together with his Declaration, forward to the Council the Permit and Registration Card issued to him.

(c) The Council shall not issue a licence to a person making application therefor in pursuance of this Regulation until such person shall have paid to them the full amount of the duty which would if such Permit had not been issued have been payable by him in respect of the period for which such Permit was valid together with the amount of duty payable in respect of the licence applied for provided that nothing herein contained shall operate so as to render such a person liable to pay a greater amount of duty than he would have paid if he had at the time when the vehicle was last brought into Saorstát Eireann obtained and subsequently renewed from time to time a licence which or the renewals of which would expire at the same date as the licence for which application is made in pursuance of this Regulation.

(d) The Council shall advise the Minister and the Registration Authority by whom the Permit was issued of the receipt of the Permit and the issue of such licence by them.

(e) The index mark and registration number to be assigned by the Council shall, if the person making application in pursuance of this Regulation so desire, be the index mark and registration number of the vehicle under Regulation 9 hereof, provided that at the expiration of one year from the date upon which the vehicle was last brought into Saorstát Eireann such index mark and registration number shall become void and the Council shall upon application being made to them by the owner assign a new index mark and registration number in accordance with the Road Vehicles (Registration and Licensing) Regulations, 1921.

Delegation of powers and duties by Registration Authorities.

17. Any officer authorised by a Registration Authority is empowered to perform any duty or exercise any power of the Registration Authority for the purpose of carrying these Regulations into effect.

PART II. VEHICLES REGISTERED IN NORTHERN IRELAND.

Vehicles licensed in Northern Ireland to be exempt from duty.

18. Any person making only a temporary stay in Saorstát Eireann for any consecutive period not exceeding four months who brings into Saorstát Eireann a mechanically propelled vehicle for which a licence under Section 13 of the Finance Act, 1920, or any amending enactment having effect in Northern Ireland is in force, and which is registered and carries an identification mark in compliance with the Regulations in force in Northern Ireland, shall be exempt during the period of such temporary stay from the payment in respect of that vehicle of the duty payable under the said Section 13 or any amending enactment.

Vehicles registered in Northern Ireland deemed to be duly registered.

19. During the period of such temporary stay, for the purpose of the enforcement of the provisions of the Roads Act, 1920, and of any amending enactment, and of any Regulations in relation to the registration of vehicles, and the carrying by them of identification marks and incidental matters, the vehicles so brought into Saorstát Eireann shall (a) if duly registered in compliance with the Regulations in force in Northern Ireland be deemed to be duly registered in compliance with the Regulations in force in Saorstát Eireann, and (b) if carrying an identification mark in compliance with the Regulations in force in Northern Ireland, be deemed to be carrying an identification mark in compliance with the Regulations in force in Saorstát Eireann.

First Schedule.

FORM A.

FINANCE ACT, 1920, SECTION 13 (5): DECLARATION AND APPLICATION FOR ISSUE OF INTERNATIONAL CIRCULATION PERMIT.

I request that you will issue to me a permit for the vehicle described below:—

1. Description of Car............................................................ ...............................................

(e.g., Motor Car, Motor Cycle, etc.)

2. Name of Manufacturer ............................................................ .......................................

6. Weight of Car unladen (in kilogrammes)............................................................ ..............

7. Letters and Numbers on the Identification Plates............................................................ ...

(if any).

I undertake to deliver up the permit on or before its expiry to the Authority (County Council, Royal Irish Automobile Club, or Automobile Association) by whom it was issued; I declare that I intend to make only a temporary stay in Saorstát Eireann: I understand that if I stay for more than four months I become liable to the ordinary licence duty from the date of the arrival of the vehicle in Saorstát Eireann; and I declare that for a period of twelve months immediately preceding the date of this application I have held no Circulation Permit, except as follows:—*

Signature of Owner............................................................ ..........................................

Name in full (in BLOCK CAPITALS)............................................................ ...............

Postal Address (if any) in Saorstát Eireann............................................................ .........

Home Address ............................................................ .................................................

Place of arrival of vehicle............................................................ ..................................

Date of arrival of vehicle............................................................ ....................................

*Cross out words in italics if not applicable.

Second Schedule.

[FORM B.]

Third Schedule.

FORM C.

MOTOR CAR (INTERNATIONAL CIRCULATION (AMENDMENT)) ORDER, 1921. ROAD VEHICLES (INTERNATIONAL CIRCULATION) INCOMING VEHICLES REGULATIONS, 1925.

LICENCE TO PERSON NAMED IN AN INTERNATIONAL TRAVELLING PASS TO DRIVE A MOTOR CAR.

............................................................ ............................................................ ...............(a)

of ............................................................ ............................................................ ................ ............................................................ ............................................................ ................(b)

is hereby licensed to drive a Motor Car ............................................................ ...................(c)

from the date of issue of this licence until .....................................................192....................

(d) inclusive.

Date of issue ................................... Signature of issuing officer ....................................

on behalf of ............................................. (e)

NOTE.—Particulars to be copied from International Travelling Pass:—

(a) full name of driver:

(b) home address of driver;

(c) letters and numbers on the identification plates of the car.

At (d) insert the date of expiration of the International Travelling Pass. (The date inserted in this licence must in no case be a date later than one year after the date of issue of this licence).

Given under my Hand and Seal this Thirtieth day

of April, One Thousand Nine Hundred and

Twenty-five.

SÉAMUS DE BÚRCA,

Minister for Local Government and Public Health.