S.I. No. 29/1964 - Road Traffic (Licensing of Drivers) Regulations, 1964.


S.I. No. 29 of 1964.

ROAD TRAFFIC (LICENSING OF DRIVERS) REGULATIONS, 1964.

PART I.

PRELIMINARY AND GENERAL.

Article.

1. Citation.

2. Commencement.

3. Revocation.

4. Interpretation.

5. Forms.

6. Classes of Vehicles.

7. Excepted vehicles.

8. Minimum ages.

9. Keeping of records by licensing authorities.

10. Furnishing of information and inspection of records.

11. Disposition of fees received by licensing authorities.

12. Disposition of fees received by the Minister.

13. Penal regulation.

PART II.

DRIVING LICENCES.

14. Form of driving licence and period of grant.

15. Application for driving licence.

16. Grant of driving licence.

17. Duplicate driving licence.

PART III.

PROVISIONAL LICENCES.

18. Application of provisions of the Act to provisional licences.

19. Form, period and effect of provisional licence.

20. Fee for provisional licence.

21. Limitation on application for provisional licence.

22. Application for provisional licence.

23. Grant of provisional licence.

24. Duplicate provisional licence.

PART IV.

CERTIFICATES OF COMPETENCY.

25. Issuing authority and delegation of functions.

26. Form and period of validity of certificate of competency.

27. Fee for certificate of competency.

28. Nature of and manner of holding test.

29. Persons whose applications for driving licences are required to be accompanied by certificates of competency.

30. Application for certificate of competency.

31. Deferred decision on application for a certificate of competency.

32. Appeal against decision on application for a certificate of competency.

33. Duplicate certificate of competency.

PART V.

CERTIFICATES OF FITNESS.

34. Issuing authority and delegation of functions.

35. Relevant aspects of a person's physical and mental condition.

36. Form and period of validity of certificate of fitness.

37. Form of report.

38. Fee for certificate of fitness.

39. Persons whose applications for driving licences or provisional licences are required to be accompanied by certificates of fitness.

40. Application for certificate of fitness.

41. Deferred decision on application for certificate of fitness.

42. Notification to licensing authority.

43. Duplicate certificate of fitness.

PART VI.

ENDORSEMENTS AND DISQUALIFICATIONS.

44. Interpretation for purposes of this Part.

45. Where consequential disqualification order is made.

46. Where ancillary disqualification order is made.

47. Where special disqualification order is made.

48. Where order for endorsement in case of conviction is made.

49. Where disqualification is removed.

50. Delivery of licence in certain cases.

51. Notification of making of orders.

52. Retention of licence by licensing authority.

53. Penal regulations.

54. Duplicate licences in certain cases.

SCHEDULES.

First Schedule—Forms.

Second Schedule—Operations referred to in Article 28.

S.I. No. 29 of 1964.

ROAD TRAFFIC (LICENSING OF DRIVERS) REGULATIONS, 1964.

The Minister for Local Government in exercise of the powers conferred on him by section 5, subsection (3) of section 22, subsection (2) of section 23, sections 31, 33, 34 and 35, subsection (7) of section 38 and section 42 of the Road Traffic Act, 1961 (No. 24 of 1961) hereby makes the following Regulations :—

PART I. PRELIMINARY AND GENERAL.

1 Citation.

1. These Regulations may be cited as the Road Traffic (Licensing of Drivers) Regulations, 1964.

2 Commencement.

2. These Regulations shall come into operation on the 18th day of March, 1964.

3 Revocation.

3. The Road Traffic (Driving Licence) Regulations, 1934 (S.R. & O. 1934. No. 151) are hereby revoked.

4 interpretation.

4.—(1) In these Regulations, save where the context otherwise requires—

" the Act " means the Road Traffic Act, 1961 (No. 24 of 1961) ;

" the Act of 1933 " means the Road Traffic Act, 1933 (No. 11 of 1933) ;

" articulated vehicle " means the combination of a mechanically propelled vehicle (other than a bicycle) and a drawn vehicle attached by partial superimposition and so constructed and attached that not less than 20 per cent. of the weight of the drawn vehicle is borne by the mechanically propelled vehicle ;

" class " means any one of the classes of vehicles specified in article 6 of these Regulations ;

" commencement day " in relation to a driving licence or a provisional licence means the first day of the period for which the licence may be granted ;

" cylinder capacity " means the cylinder capacity of an engine of a vehicle as calculated in accordance with article 27 of the Road Vehicles (Registration and Licensing) Regulations, 1958 ( S.I. No. 13 of 1958 ) ;

" date of application " means the date on which an application for a certificate of competency or a certificate of fitness is received by an issuing authority ;

" driver tester " means an officer of the Minister appointed by him to carry out tests under section 33 of the act ;

" the Minister " means the Minster for Local Government ;

" motor bicycle " means a mechanically propelled bicycle ;

" passenger accommodation " means seating passenger accommodation determined in accordance with the provisions of the Road Traffic (Passenger Accommodation of Mechanically Propelled Vehicles) Regulations, 1962 ( S.I. No. 143 of 1962 ) ;

" test " means a test carried out under subsection (3) of section 33 of the act ;

" tractor used in connection with agriculture " means a vehicle which, if used on a public road, would be chargeable with duty under the provisions of either subparagraph (b) or subparagraph (c) of paragraph 4 of Part I of the Schedule to the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952) ;

" trailer " means a vehicle attached to a mechanically propelled vehicle for the purpose of being drawn by the mechanically propelled vehicle but does not include the drawn component of an articulated vehicle ;

" vehicle ", save in relation to the definition of a trailer and an articulated vehicle, means a mechanically propelled vehicle.

(2) In these Regulations a reference to a form shall be construed as a reference to such form or to a form substantially to the like effect.

5 Forms.

5. The Minister may cause to be printed and provided the forms of driving licences and provisional licences and of applications for such licences and of declarations, records, returns, books of account and other documents required under the provisions of these Regulations or being reasonably necessary for the purpose of these Regulations and may direct licensing authorities to arrange for the printing of any forms or other documents referred to in this article.

6 Classes of vehicles.

6. Vehicles shall be divided, for the purposes of Part III of the Act, into the classes set out in Column 1 of the following Table and the vehicles of a class shall be those set out in Column 2 of the said Table opposite the mention in Column 1 of that class.

TABLE

Column 1

Column 2

Class A

Motor bicycles, with or without a side car.

Class B

Tractors used in connection with agriculture.

Class C

Vehicles (other than vehicles of Class A and class B and the drawing components of articulated vehicles) not exceeding 2 tons in weight unladen and having passenger accommodation for not more than 8 persons.

Class D

Vehicles (other than vehicles of Class B and Class E) exceeding 2 tons in weight unladen, the drawing components of articulated vehicles and vehicles having passenger accommodation for more than 8 persons.

Class E

Vehicles having passenger accommodation for more than 8 persons in use for the carriage of passengers for reward.

Class F

Vehicles of Class A, Class B and class C specially constructed or adapted for use and used by persons suffering from a physical disability.

Class G

Vehicles of Class A, the engines of which do not exceed 150 c.c. in cylinder capacity, used by persons under 18 years of age.

7 Excepted vehicles.

7. The pedestrian-controlled vehicles which are excepted from subsections (1), (2), (3), (4) and (5) of section 38 and from sections 40 and 41 of the Act shall be those pedestrian-controlled vehicles which are neither constructed nor adapted for use for carrying the driver or a passenger and which do not exceed eight hundredweight in weight unladen.

8 Minimum ages.

8.—(1) Except as provided in sub-article (2) of this article the age set out in column 2 of the following Table opposite the mention of a class in Column 1 of the said Table shall be the age below which a person shall be disqualified for holding a driving licence or a provisional licence in respect of vehicles of that class.

TABLE

Column 1

Column 2

Class A

18 years

Class B

17 years

Class C

17 years

Class D

18 years

Class E

21 years

Class F

17 years

(2) The age set out in sub-article (1) of this article as the age below which a person shall be disqualified for holding a driving licence in respect of vehicles of Class A shall not apply in the case of a person who has held a licence under Part III of the Act of 1933.

(3) Where, in making an application for a driving licence, a provisional licence, a certificate of competency or a certificate of fitness, an applicant is required to state the date of his birth, he may, in lieu of stating the date of his birth—

(a) where he is over 21 years of age and under 70 years, make a statement to that effect, and

(b) where he is over 70 years of age, make a statement to that effect.

9 Keeping of records by licensing authorities.

9. A licensing authority shall keep such records in relation to driving licences, provisional licences and licences granted by them under Part III of the Act of 1933 as the Minister may from time to time direct.

10 Furnishing of information and inspection of records.

10.—(1) A licensing authority shall, on request and free of charge, supply to any other licensing authority, to a member of the Garda Síochána, or to an authorised officer of the Minister, such information as is requested in relation to any driving licence, provisional licence or licence under Part III of the Act of 1933 granted by the authority or any notification received by the authority under Part VI of these Regulations.

(2) A licensing authority shall, on request and on payment of a fee of two shillings and sixpence, supply to any person such information as is requested in relation to any driving licence, provisional licence or licence under Part III of the Act of 1933 granted to any specified person by the authority.

(3) A licensing authority shall, on request, admit a member of the Garda Síochána or an authorised officer of the Minister to the offices of the licensing authority while such offices are open for business and shall permit such member or officer to inspect the records and other documents which the licensing authority are required to keep in accordance with the provisions of these Regulations and to make copies thereof.

11 Disposition of fees received by licensing authorities.

11. Fees received by a licensing authority under the provisions of there Regulations shall be paid into and disposed of for the benefit of the Exchequer and shall, for the purposes of section 2 of the Roads Act, 1920 and of article 6 of the Road Vehicles (Registration and Licensing) Order, 1958 ( S.I. No. 15 of 1958 ), be deemed to have been paid into the Exchequer under that Act.

12 Disposition of fees received by the Minister.

12. Fees received by the Minister under Parts IV and V of these Regulations shall be paid into and disposed of for the benefit of the Exchequer and shall, for the purpose of section 2 of the Roads Act, 1920, be deemed to have been paid into the Exchequer under that Act.

13 Penal regulation.

13.—(1) A licensing authority or an officer of such authority shall not grant a driving licence, a provisional licence, or a duplicate of either such licence and a person empowered under these Regulations in that behalf shall not issue a certificate save in accordance with the Act and these Regulations.

(2) This Regulation shall be a penal regulation.

PART II. DRIVING LICENCES.

14 Form of driving licence and period of grant.

14.—(1) A driving licence shall be in the form of a book having five pages in the form set out in Part I of the First Schedule to these Regulations and having an authorised form affixed therein under article 16 of these Regulations and shall be expressed not to have effect until it is signed by the grantee.

(2) A driving licence may, in lieu of being granted for a period of twelve months, be granted for a period of thirty six months where—

(a) an application is made accordingly,

(b) the applicant is not or will not be seventy years of age or more on the commencement day, and

(c) the period of validity of any certificate of fitness which is required to accompany the application for the driving licence is not less than three years.

15 Application for driving licence.

15.—(1) An application for a driving licence shall be made in the form set out in Part V of the First Schedule to these Regulations and the applicant shall furnish the information and make the declaration indicated on that form.

(2) Unless an application for a driving licence is accompanied by a certificate of fitness in pursuance of paragraph (f) of sub-article (4) of this article or the applicant is a person to whom sub-article (5) of this article applies, the application shall contain a declaration by the applicant that to the best of his knowledge and belief he is not suffering from any disease or physical or mental disability which would be likely to cause the driving of a vehicle by him in a public place to be a source of danger to the public.

(3) An application by the holder of a driving licence for a driving licence shall not be made more than one month before the dateof expiry of the driving licence held by him except where he is applying for a driving licence in respect of vehicles of a class which he is not then licensed to drive.

(4) An application for a driving licence shall be accompanied by—

(a) where the applicant is the holder of a driving licence, such licence,

(b) where the applicant is the holder of a provisional licence, such licence,

(c) where the applicant, not being the holder of a driving licence, held a driving licence for any period within the period of five years preceding the commencement day, the last such licence granted to him,

(d) where the applicant, not being the holder of a provisional licence, held such a licence for any period within the period of five years preceding the commencement day, the last such licence granted to him unless, subsequent to the grant of such licence, he was granted a driving licence,

(e) where the applicant is a person whose application is required under article 29 of these Regulations to be accompanied by a certificate of competency, such certificate of competency,

(f) where the applicant is a person whose application is required under article 39 of these Regulations to be accompanied by a certificate of fitness, such certificate of fitness.

(5) An application for a driving licence by a person in respect of whom the licensing authority are satisfied that—

(a) a previous application by him for a driving licence or a provisional licence was accompanied by a certificate of fitness in respect of the class or classes to which the application relates,

(b) that certificate is still valid, and

(c) he is, or was for any period within the period of six months preceding the commencement day, the holder of a driving licence or a provisional licence in respect of the class or classes to which the application relates,

shall not be required to contain the declaration specified in sub-article (2) of this article where the application is accompanied by a declaration by the applicant in the following terms—

" I declare that to the best of my knowledge and belief since the last certificate of fitness (particulars of which accompany the declaration) was issued to me I have not suffered any new or further disease or physical or mental disability which would affect the validity of that certificate ".

(6) The provisions of sub-article (5) of this article shall apply as respects a person to whom a licence under Part III of the Act of 1933 was granted as if—

(a) the reference to a previous application for a driving licence were a reference to an application for a licence under Part III of the Act of 1933,

(b) a certificate of fitness issued under paragraph (a) of subsection (3) of section 82 of the Act of 1933 were a certificate of fitness in respect of Classes A, B, C, D and G,

(c) a certificate of fitness issued under either paragraph (b) or paragraph (c) of subsection (3) of section 82 of the Act of 1933 were a certificate of fitness in respect of Class F,

(d) a licence under Part III of the Act of 1933 in the form DL2C in the Schedule to the Road Traffic (Driving Licence) Regulations, 1934 were a driving licence in respect of Classes A, B, C, D and G,

(e) a licence under Part III of the Act of 1933 in either of the forms DL2A or DL2B in the Schedule to the said Regulations were a driving licence in respect of Class F.

(7) An applicant for a driving licence, who at the time of application is the holder of a driving licence, shall surrender that licence to the licensing authority where the commencement day of the licence applied for is the day on which it is granted.

(8) The provisions of paragraphs (a), (b), (c) and (d) of sub-article (4) of this article and of sub-article (7) of this article shall not apply in a case where the licensing authority are satisfied that the relevant licence has been lost or destroyed and the authority obtain particulars of that licence.

16 Grant of driving licence.

16. Where an application for a driving licence is duly made to a licensing authority, the authority shall complete an authorised form in the form set out in Part II of the First Schedule to these Regulations by entering thereon the name of the applicant, the address at which applicant ordinarily resides and the other particulars indicated on that form and shall affix that form to one of the appropriate pages in a book in the form set out in Part I of the said Schedule.

17 Duplicate driving licence.

17.—(1) The holder of a driving licence may apply to the licensing authority which granted it for a duplicate of that licence.

(2) Where the licensing authority are satisfied that the driving licence (in this article referred to as the original licence) in respect of which such application is made has been lost, destroyed or mutilated they may, on payment of a fee of two shillings and six pence, issue such duplicate.

(3) A duplicate driving licence issued under this article shall consist of—

(a) a book in the form set out in Part I of the First Schedule to these Regulations, and

(b) an authorised form in the form set out in Part II of the said Schedule, clearly marked DUPLICATE, which shall have been completed by the licensing authority by entering thereon the particulars which were entered on the last authorised form in the original licence and shall have been affixed by the authority to one of the appropriate pages in such book.

(4) Before issuing such duplicate driving licence, the licensing authority shall endorse on it any endorsement or note of production of a certificate of competency or of a certificate of fitness which was endorsed or noted on the original licence.

(5) A duplicate licence issued under this article shall be a driving licence of the same effect as the original licence.

PART III. PROVISIONAL LICENCES.

18 Application of provisions of the Act to provisional licences.

18. The provisions of subsection (2), (4) and (5) of section 22, sections 26 and 27, subsections (1), (3), (4) and (5) of section 28 and sections 29, 30, 31, 34, 36, 37, 39 and 41 of the act shall apply in relation to provisional licences as if a reference to a driving licence in any of those provisions were a reference to a provisional licence except that—

(a) a consequential or ancillary disqualification order shall not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he has produced to the appropriate licensing authority a certificate of competency,

(b) the application of subsection (5) of section 22 of the act to provisional licences shall not operate so as to disqualify a person who holds a driving licence in respect of vehicles of a class or classes, for applying for a provisional licence in respect of that class or any of those classes for the purpose of learning to drive in order to pass a test where, by virtue of any provision of the Act, he is required to produce a certificate of competency,

(c) where the holder of a provisional licence in respect of vehicles of a class for any period has been granted a certificate of competency in respect of that class, he shall not, by virtue of the application of subsection (5) of section 22 of the act to provisional licences, be disqualified for applying for a driving licence in respect of that class for any period within the period for which the provisional licence has been granted.

19 Form, period and effect of provisional licence.

19.—(1) A provisional licence shall be in the form of a book having five pages in the form set out in Part III of the First Schedule to these Regulations and having an authorised form affixed therein under article 23 of these Regulations.

(2) A provisional licence shall be granted for a period of six months beginning on—

(a) in case the licence is granted during a period during which a provisional licence previously granted to the applicant remains unexpired—the day following the expiration of the provisional licence previously granted, and

(b) in any other case—the day on which the licence is granted.

(3) (a) A provisional licence shall not have effect until it is signed by the grantee,

(b) It shall be the duty of the grantee of a provisional licence forthwith to sign his name in the place indicated in that behalf on any authorised form,

(c) where the grantee fails to sign the licence, he shall not, for the purposes of Part III of the act, be regarded as not being the holder of the licence merely by reason of such failure.

(4) Subject to the provisions of Part III of the act and of sub-article (5) of this article the period during which a provisional licence shall have effect shall be—

(a) in case the licence is not signed by the grantee before the commencement of the period for which the licence is granted—the part (if any) of the period for which it is granted which is subsequent to its having been signed by the grantee, and

(b) in any other case—the period for which the licence is granted.

(5) (a) A provisional licence shall, on coming into effect, licence the holder to drive vehicles of any class for which the licence is granted on any occasion during the period specified in the licence on which the following provisions are complied with—

(i) a person provisionally licensed to drive vehicles of Class A or Class B shall not drive a vehicle of such a class while a passenger is being carried on the vehicle,

(ii) a person provisionally licensed to drive vehicles of Class C, Class D or Class F shall drive a vehicle of any such class only while he is accompanied by and is under the supervision of a qualified person,

(iii) a person provisionally licensed to drive vehicles of Class C, Class D or Class F shall not drive a vehicle of any such class while the vehicle is drawing a trailer,

(iv) a person provisionally licensed to drive vehicles of any class shall not drive a vehicle of such class while the vehicle is in use for the carriage of passengers for reward,

(v) compliance with the provisions of clauses (i), (ii), (iii) and (iv) of this paragraph shall not be necessary while the holder of the licence is driving a vehicle of a class in respect of which he holds a valid certificate of competency,

(vi) compliance with the provision of clause (i) of this paragraph shall not be necessary where the vehicle is constructed or adapted to carry a passenger and the passenger being carried is a qualified person,

(vii) compliance with the provision of clause (ii) of this paragraph shall not be necessary where the vehicle is a vehicle of Class F and it is neither constructed nor adapted to carry a passenger.

(b) In this sub-article " qualified person " means a person who holds a driving licence in respect of the class of vehicles which the holder of the provisional licence is licensed to drive.

20 Fee for provisional licence.

20. The fee to be paid to a licensing authority on application for a provisional licence shall be one pound.

21 Limitation on application for provisional licence.

21.—(1) Subject to the provisions of sub-article (2) of this article, a person shall not apply for a provisional licence in respect of vehicles of any class where, within the period of five years preceding the commencement day, he has held two or more provisional licences in respect of vehicles of that class unless, during the period for which the last such licence was granted to him, an application by him for a certificate of competency in respect of vehicles of that class was refused or a decision thereon was deferred.

(2) Sub-article (1) of this article shall not apply where the applicant satisfies the licensing authority that because of illness or other unavoidable circumstances he had good cause for not submitting to a test.

(3) A person shall not apply for a provisional licence in respect of vehicles of Class E.

(4) A person who has been granted a provisional licence in respect of vehicles of any class for a period shall not apply for a provisional licence in respect of vehicles of any other class for that period or any period part of which is within that period.

(5) The provisions of sub-articles (1) and (4) of this article shall be penal regulations.

22 Application for provisional licence.

22.—(1) An application for a provisional licence shall be made in the form set out in Part VI of the First Schedule to these Regulations and the applicant shall furnish the information and make the declaration indicated on that form.

(2) An application for a provisional licence shall contain a declaration that the applicant understands the Rules of the Road.

(3) Unless an application for a provisional licence is accompanied by a certificate of fitness in pursuance of paragraph (e) of sub-article (5) of this article or the applicant is a person to whom sub-article (6) of this article applies, the application shall contain a declaration by the applicant that to the best of his knowledge and belief he is not suffering from any disease or physical or mental disability which would be likely to cause the driving of a vehicle by him in a public place to be a source of danger to the public.

(4) An application by the holder of a provisional licence for a provisional licence shall not be made more than one month before the date of expiry of the provisional licence held by him.

(5) An application for a provisional licence shall be accompanied by—

(a) where the applicant is the holder of a driving licence, such licence,

(b) where the applicant is the holder of a provisional licence, such licence,

(c) where the applicant, not being the holder of a driving licence, held a driving licence for any period within the preceding five years, the last such licence granted to him,

(d) where the applicant, not being the holder of a provisional licence, held such a licence for any period within the preceding five years, the last such licence granted to him unless, subsequent to the grant of such licence, he was granted a driving licence,

(e) save in the circumstances specified in sub-article (7) of this article, where the applicant is a person whose application is required under article 39 of these Regulations to be accompanied by a certificate of fitness, such certificate of fitness.

(6) (a) An application for a provisional licence by a person in respect of whom the licensing authority are satisfied that—

(i) a previous application by him for a driving licence or a provisional licence was accompanied by a certificate of fitness in respect of the class or classes to which the application relates,

(ii) that certificate is still valid, and

(iii) he is, or was for any period within the period of six months preceding the commencement day, the holder of a driving licence or a provisional licence in respect of the class or classes to which the application relates,

shall not be required to contain the declaration specified in sub-article (3) of this article where the application is accompanied by a declaration by the applicant in the following terms—

" I declare that to the best of my knowledge and belief since the last certificate of fitness (particulars of which accompany this declaration) was issued to me I have not suffered any new or further disease or physical or mental disability which would affect the validity of that certificate."

(b) An application for a provisional licence by a person in respect of whom the licensing authority are satisfied that he has applied for a certificate of fitness and that a decision on that application has within the period of twelve months preceding the commencement day been deferred pending the production of a certificate of competency shall not be required to contain the declaration specified in sub-article (3) of this article.

(7) An application for a provisional licence by a person whose application is required under paragraph (f) of sub-article (1) of article 39 of these Regulations to be accompanied by a certificate of fitness shall not be required to be accompanied by such a certificate of fitness where the licensing authority are satisfied that a decision on an application by such person for a certificate of fitness has within the period of twelve months preceding the commencement day been deferred pending the production of a certificate of competency.

(8) The provisions of paragraphs (a), (b), (c) and (d) of sub-article (5) of this article shall not apply in a case where the licensing authority are satisfied that the relevant licence has been lost or destroyed and the authority obtain particulars of that licence.

23 Grant of provisional licence.

23. Where an application for a provisional licence is duly made to a licensing authority, the authority shall complete an authorised form in the form set out in Part IV of the First Schedule to these Regulations by entering thereon the name of the applicant, the address at which the applicant ordinarily resides and the other particulars indicated on that form and shall affix that form to one of the appropriate pages in a book in the form set out in Part III of the said schedule.

24 Duplicate provisional licence.

24.—(1) The holder of a provisional licence may apply to the licensing authority which granted it for a duplicate of that licence.

(2) Where the licensing authority are satisfied that the provisional licence (in this article referred to as the original licence) in respect of which such application is made has been lost, destroyed or mutilated they may, on payment of a fee of two shillings and sixpence, issue such duplicate.

(3) A duplicate provisional licence issued under this article shall consist of—

(a) a book in the form set out in Part II of the First Schedule to these Regulations, and

(b) an authorised form in the form set out in Part IV of the said Schedule, clearly marked DUPLICATE, which shall have been completed by the licensing authority by entering thereon the particulars which were entered on the last authorised form in the original licence and shall have been affixed by the authority to one of the appropriate pages in such book.

(4) Before issuing such duplicate provisional licence, the licensing authority shall endorse on it any endorsement or note of production of a certificate of competency or of a certificate of fitness which was endorsed or noted on the original licence.

(5) A duplicate licence issued under this article shall be a provisional licence of the same effect as the original licence.

PART IV. CERTIFICATES OF COMPETENCY.

25 Issuing authority and delegation of functions.

25.—(1) The issuing authority for the purposes of section 33 of the act shall be the Minister.

(2) The functions of the issuing authority under subsection (4) of section 33 of the act are hereby delegated to driver testers.

26 Form and period of validity of certificate of competency.

26.—(1) A certificate of competency shall be in the form set out in Part VII of the First Schedule to these Regulations.

(2) A certificate of competency shall not be valid until it is signed by the person to whom it is issued.

(3) A certificate of competency shall cease to be valid—

(a) on the expiration of a period of six months after the date of issue, unless within that period—

(i) the person to whom it is issued produces it to a licensing authority in pursuance of a disqualification order under section 26, 27 or 28 of the Act or to the issuing authority in a case where a decision on an application by him for a certificate of fitness has been deferred pending production of a certificate of competency, or

(ii) it accompanies, pursuant to the provisions of these Regulations, an application for a driving licence by the person to whom it is issued,

(b) on the making of a disqualification order under section 26, 27 or 28 of the Act subsequent to the date of issue of the certificate, where such order disqualifies the person to whom the certificate is issued for holding a driving licence until he produces to the appropriate licensing authority a certificate of competency and that requirement is not annulled on appeal.

27 Fee for certificate of competency.

27.—(1) The fee to be paid to the issuing authority on application for a certificate of competency shall be one pound.

(2) Where a person does not submit to a test for a certificate of competency arranged pursuant to an application made by him, the fee paid may be refunded to him by the issuing authority—

(a) where not later than three days before the date arranged for the test he notifies the issuing authority of his decision not to submit to the test, or

(b) where the issuing authority is satisfied that the applicant had adequate reason for not undergoing the test.

28 Nature of and manner of holding test.

28.—(1) The test to be carried out prior to the giving of a decision under subsection (4) of section 33 of the Act shall consist of an oral or written test of the applicant's knowledge of the Rules of the Road and a practical test in driving in a vehicle, driven by the applicant, of the class in respect of which application for a certificate of competency is duly made or, where application is duly made in respect of more than one class, in a vehicle of each such class.

(2) The test shall be of such a nature as to enable the driver tester to satisfy himself whether the applicant—

(a) has a satisfactory knowledge of the Rules of the Road,

(b) can carry out satisfactorily on any road all or any of the operations specified in the Second Schedule to these Regulations,

(c) complies satisfactorily with the Rules of the Road while driving,

(d) is competent generally to drive vehicles of the class or classes in respect of which the application is duly made without danger to and with due regard for the safety and convenience of other persons.

(3) Every vehicle to be provided by an applicant for the purpose of a test shall comply with the following conditions—

(a) it shall have a seat for at least one person in addition to the driver, unless it is a vehicle of Class A, Class B or Class G or a vehicle of Class F which is neither constructed nor adapted to carry a passenger,

(b) it shall be in a roadworthy condition,

(c) it shall be of a type sufficiently representative of its class,

(d) if it is the drawing component of an articulated vehicle it shall have attached thereto the drawn component of such vehicle.

(4) In a case where a vehicle is required to have a seat for at least one person in addition to the driver, the driver tester shall accompany the applicant during the practical test.

(5) The test shall be held at such place and at such time as may be determined by the issuing authority.

29 Persons whose applications for driving licences are required to be accompanied by certificates of competency.

29.—(1) An application by a person for a driving licence shall be accompanied by a certificate of competency where—

(a) the application relates to a class or classes in respect of which the applicant is not or was not for any period within the period of five years preceding the commencement day the holder of a driving licence, or

(b) a decision on an application by him for a certificate of fitness to accompany the application for a driving licence was deferred pending the production of a certificate of competency.

(2) For the purposes of sub-article (1) of this article—

(a) a licence under Part III of the Act of 1933 in the form DL2C in the Schedule to the Road Traffic (Driving Licence) Regulations, 1934 in force for any period within the period of five years preceding the commencement day shall be deemed to be a driving licence in respect of Classes A, B, C, D and G,

(b) a licence under Part III of the Act of 1933 in either of the forms DL2A or DL2B in the Schedule to the said Regulations in force for any period within the period of five years preceding the commencement day shall be deemed to be a driving licence in respect of Class F,

(c) a driver's licence under paragraph (c) of subsection 3 of section 104 of the Act of 1933 in force for any period within the period of five years preceding the commencement day shall be deemed to be a driving licence in respect of Class E,

(d) a certificate of competency issued on or after the 27th day of October, 1963 under paragraph (a) of subsection (2) of section 81 of the Act of 1933 shall be deemed to be a driving licence in respect of Class E,

(e) a driving licence in respect of Class G shall be deemed to be a driving licence in respect of Class A.

(3) The certificate of competency to accompany an application for a driving licence in a case referred to in paragraph (a) of sub-article (1) of this article shall be a certificate which is valid on the commencement day and which was issued to the applicant in respect of the class or classes to which his application relates and in respect of which he is not or was not for any period within the period of five years preceding the commencement day the holder of a driving licence.

(4) For the purposes of sub-article (3) of this article a certificate of competency in respect of a class set out in Column 1 of the following Table shall be deemed to be a certificate in respect of any of the classes set out in Column 2 of the Table opposite the mention in Column 1 of that class.

TABLE

Column 1

Column 2

Class G

Clases A and G

Class E

Classes B, C, D and E

Class D

Classes B, C and D

Class C

Classes B and C

30 Application for certificate of competency.

30.—(1) An application for a certificate of competency shall be made in the form set out in Part VIII of the First Schedule to these Regulations and the applicant shall furnish the information and make the declaration indicated on that form.

(2) Where an application for a certificate of competency in respect of any class has been refused the applicant for such certificate shall not make a further application for such a certificate in respect of any class within the period of one month from the date of such refusal.

31 Deferred decision on application for a certificate of competency.

31.—(1) In a case where a decision on an application has been deferred under subsection (4) of section 33 of the Act the applicant may submit to the issuing authority a valid certificate of fitness in respect of all or any of the classes in respect of which the application for a certificate of competency is made.

(2) On receipt of such certificate, the issuing authority shall refer it to such driver tester as may be designated by the issuing authority and, without further test, that driver tester shall, subject to the provisions of the said subsection (4), either refuse the application or issue a certificate of competency.

32 Appeal against decision on application for a certificate of competency.

32.—(1) Where, in the case of an appeal under subsection (5) of section 33 of the Act, a Justice of the District Court directs that an application shall be dealt with without requiring a certificate of fitness, the issuing authority shall refer the application to such driver tester as may be designated by it and that driver tester shall, without further test, either refuse the application or issue a certificate of competency in accordance with subsection (4) of section 33 of the Act.

(2) Where, in the case of an appeal under subsection (6) of section 33 of the Act, a Justice of the District Court directs that an applicant shall be given a further test, the issuing authority shall cause the applicant to be tested by a driver tester other than the driver tester by whom the application was refused.

33 Duplicate certificate of competency.

33. Where a person to whom a certificate of competency was issued satisfies the issuing authority that such certificate was lost or destroyed and that he has adequate reasons for requiring a duplicate of such certificate the issuing authority may issue such duplicate.

PART V. CERTIFICATES OF FITNESS.

34 Issuing authority and delegation of functions.

34.—(1) The issuing authority for the purposes of section 34 of the Act shall be the Minister.

(2) The functions of the issuing authority under subsection (4) of section 34 of the Act shall be delegated to such officer or officers of the Minister as the Minister shall from time to time designate and any such officer shall, for the purpose of the performance of such functions, be known as a designated officer.

35 Relevant aspects of a person's physical and mental condition.

35. The following aspects of the physical and mental condition of a person proposing to apply for a certificate of fitness shall be, for the purposes of section 34 of the Act, relevant aspects of his physical and mental condition in the case of an application for a certificate of fitness in respect of any class—

eyesight

ear conditions (vertigo and labyrinthine conditions)

general physique

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 and mental system

in so far as any condition or abnormality in any one or more of these aspects would affect his fitness to drive safely vehicles of that class having regard to—

(a) his ability to see to the front, to either side and, by means of a mirror, to the rear of the vehicle,

(b) his ability, physically and mentally, to operate efficiently and safely the controls of the vehicle and to continue so to operate the controls over a reasonable period,

(c) his susceptibility to sudden incapacity, such as loss of consciousness, fainting or giddiness, which might affect his ability to operate the controls of the vehicle so as to bring the vehicle to a stop safely, and

(d) his susceptibility to fatigue such that his ability to operate the controls of the vehicle might be seriously impaired.

36 Form and period of validity of certificate of fitness.

36.—(1) A certificate of fitness shall be in the form set out in Part IX of the First Schedule to these Regulations.

(2) A certificate of fitness shall not be valid until it is signed by the person to whom it is issued.

(3) Subject to the succeeding provisions of this article a certificate of fitness shall be valid for an unlimited period or for a limited period, which shall be not less than twelve months from the date of issue of the certificate and which shall be specified in the certificate.

(4) A certificate of fitness shall cease to be valid—

(a) on the expiration of a period of six months after the date of issue, unless within that period—

(i) the person to whom it is issued produces it to a licensing authority in pursuance of a disqualification order under section 26, 27 or 28 of the Act or to the issuing authority in a case where a decision on an application by him for a certificate of competency has been deferred pending production of a certificate of fitness, or

(ii) it accompanies, pursuant to the provisions of these Regulations, an application for a driving licence or a provisional licence by the person to whom it is issued,

(b) on the making of a disqualification order under section 26, 27 or 28 of the Act subsequent to the date of issue of the certificate, where such order disqualifies the person to whom the certificate is issued for holding a driving licence or a provisional licence until he produces to the appropriate licensing authority a certificate of fitness and that requirement is not annulled on appeal,

(c) where the certificate has accompanied an application for a driving licence or a provisional licence by the person to whom it is issued, and a subsequent application for such a licence by that person is required by virtue of article 39 of these Regulations to be accompanied by a certificate of fitness—on the making of such subsequent application.

37 Form of report.

37.—(1) A report by a registered medical practitioner for the purposes of section 34 of the Act shall be in the form set out in Part XI of the First Schedule to these Regulations.

(2) Where a person proposes to apply for a certificate of fitness he shall, within one month prior to the date of application, cause himself to be examined by a registered medical practitioner and shall obtain from such practitioner a signed report in writing, in the form prescribed in sub-article (1) of this article, as to the relevant aspects of his physical and mental condition.

38 Fee for certificate of fitness.

38. The fee to be paid to the issuing authority on application for a certificate of fitness shall be five shillings.

39 Persons whose applications for driving licences or provisional licences are required to be accompanied by certificates of fitness.

39.—(1) An application by a person for a driving licence or a provisional licence shall be accompanied by a certificate of fitness where—

(a) the application, being an application for a driving licence, does not contain the declaration specified in sub-article (2) of article 15 of these Regulations,

(b) the application, being an application for a driving licence, is made by a person to whom sub-article (5) of article 15 of these Regulations does not apply,

(c) the application, being an application for a provisional licence, does not contain the declaration specified in sub-article (3) of article 22 of these Regulations,

(d) the application, being an application for a provisional licence, is made by a person to whom sub-article (6) of article 22 of these Regulations does not apply,

(e) the application, being an application for a driving licence in respect of Class E, is required under article 29 of these Regulations to be accompanied by a certificate of competency,

(f) the applicant is or will be aged seventy years or more on the commencement day and has not made a previous application accompanied by a certificate of fitness within six months of the commencement day, or

(g) a decision on an application by him for a certificate of competency to accompany the application for a driving licence was deferred pending the production of a certificate of fitness.

(2) The certificate of fitness to accompany an application for a driving licence or a provisional licence shall be a certificate which is valid on the commencement day and which was issued to the applicant in respect of the class or classes to which his application relates.

(3) For the purposes of sub-article (2) of this article a certificate of fitness in respect of a class set out in Column 1 of the following Table shall be deemed to be a certificate in respect of any of the classes set out in Column 2 of the Table opposite the mention in Column 1 of that class.

TABLE

Column 1

Column 2

Class G

Classes A and G

Class E

Classes B, C, D and E

Class D

Classes A, B, C and D

Class C

Classes A, B and C

Class B

Classes A and B

40 Application for certificate of fitness.

40.—(1) An application for a certificate of fitness shall be made in the form set out in Part X of the First Schedule to these Regulations and the applicant shall furnish the information and make the declaration indicated on that form.

(2) Where an application for a certificate of fitness in respectof any class has been refused, the applicant for such certificate shall not make a further application for such a certificate in respect of that class within the period of six months from the date of such refusal.

41 Deferred decision on application for certificate of fitness.

41.—(1) In a case where a decision on an application has been deferred under subsection (4) of section 34 of the Act, the applicant may submit to the issuing authority a valid certificate of competency in respect of all or any of the classes in respect of which the application for a certificate of fitness is made.

(2) On receipt of such certificate, the issuing authority, after consideration of the application and report, shall, subject to the provisions of the said subsection (4), either refuse the application or issue a certificate of fitness.

42 Notification to licensing authority.

42. The issuing authority may notify any licensing authority of the decision on any application for a certificate of fitness.

43 Duplicate certificate of fitness.

43. Where a person to whom a certificate of fitness was issued satisfies the issuing authority that such certificate was lost or destroyed and that he has adequate reasons for requiring a duplicate of such certificate the issuing authority may issue such duplicate.

PART VI. ENDORSEMENTS AND DISQUALIFICATIONS.

44 Interpretation for purposes of this Part.

44. In this part of these Regulations, save where the context otherwise requires—

"disqualified person" shall mean, as appropriate, a person in respect of whom a consequential, ancillary or special disqualification order has been made ;

"driving licence" shall include a provisional licence ;

"officer" shall mean, as appropriate, the clerk or registrar.

45 Where consequential disqualification order is made.

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

(2) Unless the operation of the consequential disqualification order is suspended or postponed pending an appeal the driving licence (if any) of the disqualified person shall, within five days after the making of the order, be delivered by the disqualified person to the officer of the court which made the order.

(3) Where the driving licence has been delivered to the officer of the court pursuant to sub-article (2) of this article, the officer shallretain it until the period for lodging notice of appeal has expired or until a notice of appeal is lodged and—

(a) where no notice of appeal is lodged within such period, he shall endorse the driving licence and send it to the licensing authority which granted it, or

(b) where a notice of appeal is lodged within such period, he shall send the driving licence to the officer of the appellate court.

(4) Where a consequential disqualification order has been suspended or postponed pending an appeal and notice of appeal has been lodged—

(a) if notice of withdrawal of the appeal is subsequently given the driving licence (if any) of the disqualified person shall, within five days after the day of lodgment of the notice of withdrawal of the appeal, be delivered by the disqualified person to the officer of the appellate court who shall endorse it and send it to the licensing authority which granted it,

(b) if the appeal is heard and the appellate court either makes, confirms or varies a consequential disqualification order the driving licence (if any) of the disqualified person shall, within five days after the making of the order of the appellate court, be delivered by the disqualified person to the officer of that court who shall endorse it and send it to the licensing authority which granted it.

(5) Where a consequential disqualification order has not been suspended or postponed pending an appeal and notice of appeal has been lodged—

(a) if notice of withdrawal of the appeal is given the officer of the appellate court shall endorse the driving licence of the disqualified person and send it to the licensing authority which granted it,

(b) if the appeal is heard and the appellate court reverses the conviction the officer of the appellate court shall cancel any endorsement made under subsection (3) of section 36 of the Act as a result of such consequential disqualification order and return the driving licence to the licensee,

(c) if the appeal is heard and the appellate court either makes, confirms or varies a consequential disqualification order the officer of the appellate court shall endorse the driving licence and send it to the licensing authority which granted it.

46 Where ancillary disqualification order is made.

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

(2) Unless the operation of the ancillary disqualification order is suspended or postponed pending an appeal, the driving licence (if any) of the disqualified person shall within five days after the making of the ancillary disqualification order, be delivered by the disqualified person to the officer of the court which made the order.

(3) Where the driving licence has been delivered to the officer of the court pursuant to sub-article (2) of this article the officer shall retain it until the period for lodging a notice of appeal has expired or until a notice of appeal is lodged, and—

(a) where no notice of appeal is lodged within such period, he shall endorse the driving licence and send it to the licensing authority which granted it,

(b) where a notice of appeal is lodged within such period, he shall send the driving licence to the officer of the appellate court.

(4) Where an ancillary disqualification order has been suspended or postponed pending an appeal and notice of appeal has been lodged—

(a) if notice of withdrawal of the appeal is subsequently given the driving licence (if any) of the disqualified person shall, within five days after the day of lodgment of the notice of the withdrawal of the appeal, be delivered by the disqualified person to the officer of the appellate court, who shall endorse it and send it to the licensing authority which granted it,

(b) if the appeal is heard and the appellate court either confirms or varies an ancillary disqualification order the driving licence (if any) of the disqualified person shall, within five days after the making of the order of the appellate court, be delivered by the disqualified person to the officer of that court who shall endorse it and send it to the licensing authority which granted it.

(5) Where an ancillary disqualification order has not been suspended or postponed pending an appeal and notice of appeal has been lodged—

(a) if notice of withdrawal of the appeal is lodged the officer of the appellate court shall endorse the driving licence of the disqualified person and send it to the licensing authority which granted it,

(b) if the appeal is heard and the appellate court either reversesthe conviction or annuls the ancillary disqualification order the officer of the appellate court shall cancel any endorsement made under subsection (3) of section 36 of the Act as a result of such ancillary disqualification order and return the driving licence to the licensee,

(c) if the appeal is heard and the appellate court either confirms or varies the ancillary disqualification order the officer of the appellate court shall endorse the driving licence and send it to the licensing authority which granted it.

(6) Where an ancillary disqualification order is made by an appellate court in respect of a conviction in relation to which a disqualification order was not made by the court from which the appeal is taken the driving licence (if any) of the disqualified person shall, within five days after the making of the disqualification order, be delivered by the disqualified person to the officer of the appellate court who shall endorse it and send it to the licensing authority which granted it.

47 Where special disqualification order is made.

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

(2) Unless the operation of the special disqualification order is suspended or postponed pending an appeal, the driving licence of the disqualified person shall, within five days after the making of the special disqualification order, be delivered by the disqualified person to the District Court clerk.

(3) Where the driving licence has been delivered to the District Court clerk pursuant to sub-article (2) of this article the District Court clerk shall retain it until the period for lodging a notice of appeal has expired or until notice of appeal is lodged, and—

(a) where no notice of appeal is lodged within such period, he shall endorse the driving licence and send it to the licensing authority which granted it,

(b) where a notice of appeal is lodged within such period, he shall send the driving licence to the registrar of the Circuit Court.

(4) Where a special disqualification order has been suspended or postponed pending an appeal and notice of appeal has been lodged—

(a) if notice of withdrawal of the appeal is subsequently given the driving licence of the disqualified person shall, within five days after the day of lodgment of the notice of the withdrawal of the appeal, be delivered by the disqualifiedperson to the registrar of the Circuit Court who shall endorse it and send it to the licensing authority which granted it,

(b) if the appeal is heard and the special disqualification is annulled and a new special disqualification order is made by the Circuit Court the driving licence (if any) of the disqualified person shall, within five days after the making of the order of the Circuit Court, be delivered by the disqualified person to the registrar of the Circuit Court who shall endorse it and send it to the licensing authority which granted it.

(5) Where a special disqualification order has not been suspended or postponed pending an appeal and notice of appeal has been lodged—

(a) if notice of withdrawal of the appeal is given the registrar of the Circuit Court shall endorse the driving licence of the disqualified person and send it to the licensing authority which granted it,

(b) if the appeal is heard and the special disqualification order is annulled the registrar of the Circuit Court shall cancel any endorsement made under subsection (4) of section 36 of the Act as a result of such special disqualification order and return the driving licence to the licensee,

(c) if the appeal is heard and the special disqualification order is annulled and a new order made by the Circuit Court the registrar of the Circuit Court shall endorse the driving licence and send it to the licensing authority which granted it.

48 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.

(2) Where an order under subsection (1) of section 36 of the Act is annulled on appeal in the case of a person who is the holder of a driving licence the officer of the appellate court shall, on delivery to him of the driving licence, note thereon the annullment.

49 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 of the driving licence of the person in respect of whom the order was made, endorse the driving licence and—

(a) in a case in which the specified date for the removal of the disqualification has passed, shall return the driving licence to the licensee,

(b) in a case in which the said date has not passed, shall send the driving licence to the licensing authority which granted it.

(2) Where, on an appeal under subsection (6) of section 29 of the Act, the appellate court either removes a disqualification under a consequential disqualification order or under an ancillary disqualification order or varies the date as from which such a disqualification is removed the officer of the appellate court shall, on delivery to him of the driving licence of the person in respect of whom the disqualification order was made, endorse the driving licence, and—

(a) in a case in which the specified date for the removal of the disqualification has passed, shall return the driving licence to the licensee,

(b) in a case in which the said date has not passed, shall send the driving licence to the licensing authority which granted it.

50 Delivery of licence in certain cases.

50.—(1) Where—

(a) a person required under the provisions of these regulations to deliver a driving licence to an officer of a court was, owing to the destruction or loss of the driving licence or for any other reason, unable to deliver it, or

(b) a person would have been so required to deliver a driving licence to an officer of a court if he had been the holder of a driving licence,

such person shall deliver the first driving licence obtained thereafter by him, within five days after obtaining it, to the officer of the court who shall endorse it and return it to the licensee.

(2) Where a licensing authority granting a driving licence is aware that the driving licence is required to be delivered pursuant to sub-article (1) of this article, a note of the requirement shall be attached by the licensing authority to the driving licence.

51 Notification of making of orders.

51.—(1) Where—

(a) an order is made by a court under section 36 of the Act directing the endorsement on a driving licence of a conviction or of a disqualification order or of both a conviction and a disqualification order or of the removal of a disqualification,

(b) an order is made by a court confirming, annulling or varying an order referred to at paragraph (a), or

(c) an order for suspension or postponement is made by a court under subsection (3) of section 30 of the Act,

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.

(2) In this article " disqualification order " means a consequential disqualification order, an ancillary disqualification order or a special disqualification order.

52 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.

53 Penal regulations.

53. The requirements in this Part of these Regulations that the driving licence of a disqualified person shall be delivered by the disqualified person to the officer of a court shall be penal regulations.

54 Duplicate licences in certain cases.

54.—(1) Where a driving licence which has been granted in respect of more than one class 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 classes of vehicle the licensing authority shall issue to the licensee a duplicate driving licence in respect of the class or classes for which the licensee is not disqualified for holding a driving licence.

(2) (a) A duplicate driving licence issued pursuant to this article shall be returned by the licensee to the licensing authority where the driving licence sent to the licensing authority is returned pursuant to this Part of these Regulations by the licensing authority to the licensee.

(b) This sub-article shall be a penal regulation.

FIRST SCHEDULE.

PART I

Page 1

ROAD TRAFFIC ACT, 1961 —PART III

CLASSIFICATION OF VEHICLES

CLASS A.

Motor bicycles, with or without a side car.

CLASS B.

Tractors used in connection with agriculture.

CLASS C.

Vehicles (other than vehicles of Class A, Class B and the drawing components of articulated vehicles) not exceeding 2 tons in weight unladen and having passenger accommodation for not more than 8 persons.

CLASS D.

Vehicles (other than vehicles of Class B and Class E) exceeding 2 tons in weight unladen, the drawing components of articulated vehicles and vehicles having passenger accommodation for more than 8 persons.

CLASS E.

Vehicles having passenger accommodation for more than 8 persons in use for the carriage of passengers for reward.

CLASS F.

Vehicles of Class A, Class B and Class C specially constructed or adapted for use and used by persons suffering from a physical disability.

CLASS G.

Vehicles of Class A, the engines of which do not exceed 150 c.c. in cylinder capacity, used by persons under 18 years of age.

1. A driving licence consists of this book (of five pages) and any authorised form affixed therein by a licensing authority.

2. A driving licence shall not have effect until it is signed by the grantee. It is the duty of the grantee to sign his name in the place indicated in that behalf on any authorised form affixed in this book by a licensing authority.

3. This driving licence shall be produced to a licensing authority on application for a further licence.

______________________________________________________________________

Pages 2, 3, 4

For the fixing of authorised form.

_______________________________________________________________________

Page 5

Endorsements, etc.

_______________________________________________________________________

PART II

ROAD TRAFFIC ACT, 1961 —PART III

______________________

Serial No.

______________________

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

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

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

The person named above is hereby licensed to drive vehicles of classes............................................... for a period of year(s) beginning on................................................ and expiring on............................................................ ........................

Granted by.........................................................

Licensing Authority

____________________

Issuing Officer

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

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

Ordinary Signature of Grantee

PART III

Page 1

ROAD TRAFFIC ACT, 1961 —PART III

CLASSIFICATION OF VEHICLES

CLASS A.

Motor bicycles, with or without a side car.

CLASS B.

Tractors used in connection with agriculture.

CLASS C.

Vehicles (other than vehicles of Class A, Class B and the drawing components of articulated vehicles) not exceeding 2 tons in weight unladen and having passenger accommodation for not more than 8 persons.

CLASS D.

Vehicles (other than vehicles of Class B and Class E) exceeding 2 tons in weight unladen, the drawing components of articulated vehicles and vehicles having passenger accommodation for more than 8 persons.

CLASS E.

Vehicles having passenger accommodation for more than 8 persons in use for the carriage of passengers for reward.

CLASS F.

Vehicles of Class A, Class B and Class C specially constructed or adapted for use and used by persons suffering from a physical disability.

CLASS G.

Vehicles of Class A, the engines of which do not exceed 150 c.c. in cylinder capacity, used by persons under 18 years of age.

1. A provisional licence consists of this book (of five pages) and any authorised form affixed therein by a licensing authority.

2. A provisional licence shall not have affect until it is signed by the grantee. It is the duty of the grantee to sign his name in the place indicated in that behalf on any authorised form affixed in this book by a licensing authority.

3. A provisional licence shall, on coming into effect, license the holder to drive vehicles of any class for which the licence is granted on any occasion during the period specified in the licence on which the provisions set out on page 2 are complied with.

4. This provisional licence shall be produced to a licensing authority on application for a further licence.

_____________________________________________________________________

Page 2

PROVISIONS OF LICENCE TO BE COMPLIED WITH BY HOLDER

1. A person provisionally licensed to drive vehicles of Class A or Class B shall not drive a vehicle of such a class while a passenger is being carried on the vehicle.

2. A person provisionally licensed to drive vehicles of Class C, Class D or Class F shall drive a vehicle of any such class only while he is accompanied by and is under the supervision of a qualified person.*

3. A person provisionally licensed to drive vehicles of Class C, Class D or Class F shall not drive a vehicle of any such class while the vehicle is drawing a trailer.*

4. A person provisionally licensed to drive vehicles of any class shall not drive a vehicle of such class while the vehicle is in use for the carriage of passengers for reward.

5. Compliance with any of the foregoing provisions shall not be necessary while the holder of the licence is driving a vehicle of a class in respect of which he holds a valid certificate of competency.

6. Compliance with the provision referred to at 1 above shall not be necessary where the vehicle is constructed or adapted to carry a passenger and the passenger being carried is a qualified person.*

7. Compliance with the provision referred to at 2 above shall not be necessary where the vehicle is a vehicle of Class F and it is neither constructed nor adapted to carry a passenger.

* Notes :—

" Qualified person " means a person who holds a driving licence in respect of the class of vehicles which the holder of the provisional licence is licensed to drive.

" Trailer " does not include the drawn component of an articulated vehicle.

_______________________________________________________________________

Pages 3 and 4

For the fixing of authorised form

_______________________________________________________________________

Page 5

Endorsements, etc.

_______________________________________________________________________

PART IV

ROAD TRAFFIC ACT, 1961 —PART III

____________________________

Serial No.

____________________________

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

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

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

The person named above is hereby licensed provisionally to drive vehicles of classes............................................................ .................................for a period of 6 months beginning on.........................................................and expiring on............................................................ ........................

Granted by............................................................ 

Licensing Authority

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

Issuing Officer

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

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

Ordinary Signature of Grantee

PART V

ROAD TRAFFIC ACT, 1961 —PART III

APPLICATION FOR A DRIVING LICENCE

Information to be furnished by the applicant

1.

Are you suffering from any disease or physical or mental disability which would be likely to cause the driving of a mechanically propelled vehicle by you in a public place to be a source of danger to the public? Answer " I am " or " I am not " as appropriate.

Answer: ..............................................

2.

Have you a satisfactory knowledge of the " Rules of the Road " as issued by the Minister for Local Government ? Answer " yes " or " no " as appropriate.

Answer: ..............................................

3.

Have you ever been disqualified by a court for holding a driving licence or a provisional licence ? Answer " yes " or " no " as appropriate and if " yes " give particulars.

Answer: ..............................................

Court : .................................................

Date : ...................................................

Nature of disqualification :..............

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

4.

Has a court ever made an order requiring that a driving licence or a provisional licence held by you shall be endorsed ? Answer " yes " or " no " as appropriate and if " yes " give particulars.

Answer: ..............................................

Court : .................................................

Date : ...................................................

5.

Do you hold or have you held a provisional licence ? Answer " yes " or " no " as appropriate and if " yes " give particulars of the last provisional licence granted to you, (whether current or expired).

Answer : .............................................

Class(es) : ...........................................

Period of Licence:

 From ............... to ...............

Licensing Authority: ............................................................ ..

6.

Do you hold or have you held a driving licence? Answer "yes" or " no " as appropriate and if " yes " give particulars of the last provisional licence granted to you, (whether current or expired).

Answer : .............................................

Class(es) : ...........................................

Period of Licence:

 From ............... to ...............

Licensing Authority: ........................

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

7.

Give particulars of the driving licence now applied for.

Period :1 year/3 years.

Class(es) : ...........................................

8.

Date of birth.

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

9.

Address at which you ordinarily reside.

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

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

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

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

10.

Application to............................................................ ............................................................ ...................

(Licensing Authority)

I hereby declare that to the best of my knowledge and belief the information furnished by me in this application is correct and I apply for a driving licence accordingly.

Date : ............................................................ ...............

Signed : ..............................................

(Ordinary Signature)

FULL NAMES . ............................................................ ............................................................ ...............

(use both letters) (State whether Mr., Mrs. or Miss)

PART VI

ROAD TRAFFIC ACT, 1961 —PART III

APPLICATION FOR A PROVISIONAL LICENCE

Information to be furnished by the applicant

1.

Are you suffering from any disease or physical or mental disability which would be likely to cause the driving of a mechanically propelled vehicle by you in a public place to be a source of danger to the public ? Answer " I am " or " I am not " as appropriate.

Answer : .................................

2.

Do you understand the " Rules of the Road " as issued by the Minister for Local Government ? Answer " yes " or " no " as appropriate.

Answer : .................................

3.

Have you ever been disqualified by a court for holding a driving licence or a provisional licence ? Answer " yes " or " no " as appropriate and if " yes " give particulars.

Answer : .................................

Court : ....................................

Date : ....................................

Nature of disqualification :.......

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

4.

Has a court ever made an order requiring that a driving licence or a provisional licence held by you shall be endorsed ? Answer " yes " or " no " as appropriate and if " yes " give particulars.

Answer : .....................................

Court : .........................................

Date : ...........................................

5.

Do you hold or have you held a driving licence ? Answer " yes " or " no " as appropriate and if " yes " give particulars of the last driving licence granted to you (whether current or expired).

Answer : .....................................

Class(es) : ...................................

Period(s) of Licence(s) :

From........................ to.................

Licensing Authority:.................

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

6.

Do you hold or have you held a provisional licence ? Answer " yes " or " no " as appropriate and if " yes " give particulars of each provisional licence held by you in the last five years.

Answer : .....................................

Class(es) : ...................................

Period(s) of Licence(s) :

From....................... to..................

Licensing Authority:.................

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

7.

Did you undergo the driving test on any occasion in the past ? Answer " yes " or " no " as appropriate and if " yes " give particulars.

Answer : .....................................

Class(es) : ...................................

Date(s) of test: ...........................

Decision on test:........................

8.

State the class(es) of vehicles in respect of which you are applying for a provisional licence.

Class(es) : ...................................

9.

Date of birth.

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

10.

Address at which you ordinarily reside.

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

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

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

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

11.

Application to............................................................ ............................................................ .................................

(Licensing Authority)

I hereby declare that to the best of my knowledge and belief the information furnished by me in this application is correct and I apply for a provisional licence accordingly.

Date : ............................................................ ......................

Signed : ...........................................................

Ordinary signature

FULL NAMES : ............................................................ ............................................................ .............................

(use block letters) (State whether Mr., Mrs. or Miss)

PART VII

ROAD TRAFFIC ACT, 1961 —PART III

____________________________

Serial No.

____________________________

CERTIFICATE OF COMPETENCY.

Name of applicant............................................................ ...........................

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

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

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

Ordinary signature of applicant............................................................ .....................................

I hereby certify that the applicant for a certificate of competency named above has been tested in accordance with the provisions of the Road Traffic (Licensing of Drivers) Regulations, 1964 and that the applicant is competent to drive vehicles of class(es) ............................................................ ..................

The applicant has signed this certificate in my presence in the space reserved above for that purpose.

Date : ........................................................ Signed : ............................................................ ...

Driver

_______________________________________________________________________

PART VIII

ROAD TRAFFIC ACT, 1961 —PART III

DRIVING TEST—APPLICATION FOR A CERTIFICATE OF COMPETENCY

Information to be furnished by the applicant

1.

Date of birth.

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

2.

Have you previously undergone a driving test ? Answer " yes " or " no " as appropriate and if " yes " give particulars.

Answer : .............................................

Class(es) : ...........................................

Centre : ................................................

Date : ...................................................

3.

State the class(es) of vehicles in respect of which you are applying for a certificate of competency.

Class(es) : ...........................................

4.

Give particulars of your current provisional licence.

Class(es) : ...........................................

Period of Licence :

 From ............... to .............................

Licensing Authority : .......................

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

5.

Do you hold, or have you held a driving licence ? Answer " yes " or " no " as appropriate and if " yes " give particulars of the last driving licence granted to you (whether current or expired).

Answer : .............................................

Class(es) : ...........................................

Period of Licence :

 From............... to ..............................

Licensing Authority :........................

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

6.

Have you ever been disqualified by a court for holding a driving licence or a provisional licence ? Answer " yes " or " no " as appropriate and if " yes " give particulars.

Answer : .............................................

Court : .................................................

Nature of disqualification :...............

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

7.

Has an application by you for a certificate of fitness been deferred pending production of a certificate of competency (driving test) ? Answer " yes " or " no " as appropriate and if " yes " give particulars.

Answer : .............................................

Date on which decision was deferred:...............................................

8.

State the centre at which you wish to be tested.

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

9.

If you have a preference as to the day of the week or the time of the day for the test, give particulars.

Day of week : .....................................

Time of day : Morning/Afternoon.

10.

Indicate the type of vehicle(s) you propose to provide at the test.

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

11.

Give the registration number of the vehicle(s) (if known).

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

12.

Full postal address.

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

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

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

County ................................................

13.

Give your telephone number (if any).

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

14.

I hereby declare that to the best of my knowledge and belief the information furnished by me in this application is correct and I apply for a certificate of competency accordingly.

Date : ............................................................ 

Signed : ................................................

Ordinary Signature

FULL NAMES :............................................................ ............................................................ ..........................

(use block letters) (Signed whether Mr., Mrs., or Miss)

PART IX

ROAD TRAFFIC ACT, 1961 —PART III

ROAD TRAFFIC (LICENSING OF DRIVERS) REGULATOINS, 1964.

____________________________

Serial No.

____________________________

CERTIFICATE OF FITNESS

Name of applicant............................................................ .............

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

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

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

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 of class(es).....................

The period of validity of this certificate, for the purpose of sub-article (3) of article 36 of the above Regulations, is......................................................

Date:                     Signed: ......................................................

Designated Officer

Ordinary signature of applicant.................................

PART X

ROAD TRAFFIC ACT, 1961 —PART III

APPLICATION FOR A CERTIFICATE OF FITNESS

Information to be furnished by the applicant

1.

Date of birth.

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

2.

Have you previously applied for a certificate of fitness ? Answer " yes " or " no " as appropriate and if " yes " give particulars.

Answer : .............................................

Class(es) : ...........................................

Date : ...................................................

Number of certificate, if granted :

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

3.

State the class(es) of vehicles in respect of which you are applying for a certificate of fitness.

Class(es) : ...........................................

4.

Do you hold, or have you held a driving licence or a provisional licence ? Answer " yes " or " no " as appropriate and if "yes" give particulars of the last licence(s) granted to you (whether current or expired).

Answer : .............................................

Type of licence :.................................

Class(es) : ...........................................

Period of Licence :

From............... to ...............

Licensing Authority :........................

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

5.

Have you ever been disqualified by a court for holding a driving licence or a provisional licence? Answer " yes " or " no " as appropriate and if " yes " give particulars.

Answer :..............................................

Court :..................................................

Date :....................................................

Nature of disqualification :...............

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

6.

Has an application by you for a certificate of competency (driving test) been deferred pending the production of a certificate of fitness? Answer " yes " or " no " as appropriate and if " yes " give particulars.

Answer :..............................................

Date on which decision was deferred :.............................................

Class(es) :............................................

7.

Give particulars of the driving licence or provisional licence you intend to apply for.

Type of Licence :...............................

Class(es) :............................................

Licensing Authority to whom application will be made :..................

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

8.

Full postal address.

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

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

County ................................................

9.

I hereby declare that to the best of my knowledge and belief the information furnished by me in this application is correct and I apply for a certificate of fitness accordingly.

Date :............................................................ 

Signed.............................................

Ordinary signature

Full Names :............................................................ ............................................................ ..............................

(use block letters)         (State whether Mr., Mrs. or Miss)

PART XI

ROAD TRAFFIC ACT, 1961 —PART III

Report to be obtained by applicant for a certificate of fitness under Section 34.

Examinee's name

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

Address

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

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

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

Examinee's signature (to be completed only in the presence of the examining medical practitioner)

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

Examining medical practitioner's report

Aspects

Report in relation to above examinee

Eyesight

Fit for classes..........................

or

not fit for any class

Ear conditions (vertigo and labyrinthine conditions)

Fit for classes..........................

or

not fit for any class

General physique

Fit for classes..........................

or

not fit for any class

Condition of cardiovascular system

Fit for class..............................

or

not fit for any classes

Condition of haemopoietic system

Fit for classes.........................

or

Conditions of endocrine system

Fit for classes.........................

not fit for any class

Condition of respiratory system

Fit for classes........................

or

not fit for any class

Condition of gastro-intestinal system

Fit for classes......................

or

not fit for any class

Condition of genito-urinary system

Fit for classes.....................

or

not fit for any class

Condition of nervous and mental system

Fit for classes.....................

or

not fit for any class

Please indicate here any condition or abnormality which you found and which would affect the examinee's fitness to drive vehicles of the class or classes in respect of which he has indicated he proposed to apply for a certificate of fitness :

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

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

Where the examinee proposes to apply for a certificate of fitness in respect of vehicles of Class F only, please state in relation to any of the following joints which is not functionally and anatomically intact, (i) the degree of deficiency, (ii) the nature of any artificial aid worn and (iii) whether the examinee could operate efficiently, with the artificial aid, if worn, the controls of a vehicle of Class F.

Right hand side

Left hand side

Shoulder

Elbow

Wrist

Fingers

Neck

Hip

Knee

Ankle

Notes (if any) :............................................................ ............................................................ ...............................

Having this day examined the person named above, I certify that—

(a) he has signed this form in my presence, in the space reserved above for that purpose ;

(b) I have set out herein my report as to the relevant aspects of his condition.

Signed..........................................................

Registered Medical Practitioner

Date............................................................ .

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

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

SECOND SCHEDULE

OPERATIONS REFERRED TO IN ARTICLE 28

(i) Starting and stopping the engine.

(ii) Moving off, (straight ahead and at an angle).

(iii) Meeting, moving with and overtaking other traffic.

(iv) Taking left and right hand turnings and crossing intersections.

(v) Stopping the vehicle.

(vi) Parking the vehicle.

(vii) Causing the vehicle to face in the opposite direction using the steering, gears and brakes.

(viii) Reversing in a straight line and around corners.

(ix) Stopping in an emergency.

(x) Giving signals, by hand or by the use of direction indicators, of intended actions.

(xi) Complying with signals for the control of traffic and taking appropriate action on meeting traffic signs and other authorised signs.

GIVEN under the Official Seal of the Minister for Local Government this eighteenth day of February, 1964.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations classify mechanically propelled vehicles for the purpose of Part III of the Road Traffic Act, 1961 (No. 24 of 1961) and otherwise give effect to various provisions of that Part. The Regulations prescribe the form of driving licences and provisional licences, the procedure for applying for those licences and matters connected with the granting of the licences and the holding of provisional licences.

The Regulations prescribe the persons who must pass a test for a certificate of competency in order to obtain a driving licence and the procedure for applying for such a certificate and make provision for the nature of the tests and for the issuing of the certificates.

The Regulations prescribe the persons who must obtain a certificate of fitness, after being examined by a registered medical practitioner, in order to obtain a driving licence or a provisional licence and the procedure for applying for such a certificate and make provision for a report on the result of the medical examination and for the issuing of the certificates.

The Regulations make provision for matters ancillary to the making of disqualification orders under sections 26, 27 and 28 of the Act and of orders for endorsement of licences under section 36 of the Act.

These Regulations revoke the Road Traffic (Driving Licence) Regulations, 1934 made under the Road Traffic Act, 1933 .