S.I. No. 198/1981 - Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1981.

S.I. No. 198 of 1981.

ROAD TRAFFIC (LICENSING OF DRIVERS) (AMENDMENT) REGULATIONS, 1981.

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

1. (1) These Regulations may be cited as the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1981.

(2) These Regulations and the Road Traffic (Licensing of Drivers) Regulations 1964 to 1980 shall be construed as one and may be cited together as the Road Traffic (Licensing of Drivers) Regulations 1964 to 1981.

(3) In these Regulations—

"the Principal Regulations" means the Road Traffic (Licensing of Drivers) Regulations 1964 ( S.I. No. 29 of 1964 );

"the Regulations of 1966" means the Road Traffice (Licensing of Drivers) (Amendment) Regulations, 1966 ( S.I. No. 47 of 1966 );

"the Regulations of 1969" means the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1969 ( S.I. No. 140 of 1969 );

"the Regulations of 1973" means the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1973 ( S.I. No. 120 of 1973 );

"the Regulations of 1979" means the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1979 ( S.I. No. 337 of 1979 ).

2. These Regulations shall come into operation on the 1st day of July, 1981.

3. The following article is hereby substituted for article 6 of the Principal Regulations (as amended by article 5 of the Regulations of 1969)—

"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

"

4. The following article is hereby substituted for article 8 of the Principal Regulations (as amended by article 4 of the Regulations of 1973)—

"8. 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

"

5. Article 15 of the Principal Regulations is hereby amended by

( a ) the substitution for sub-article (2) of that article of the following sub-article—

"(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 is accompanied by a medical certificate in pursuance of paragraph (g) 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."

and

( b ) the insertion in sub-article (4) of that article after paragraph (f) of the following paragraph—

"( g ) Where the application relates to vehicles of Class H and the applicant is a person whose application is one to which article 29 (1) (a) (iii) or (iv) of these Regulations applies, a medical certificate in the form set out in Part I of the Third Schedule to these Regulations."

6. The following sub-article is hereby substituted for sub-article (5) of article 19 of the Principal Regulations (as amended by article 4 of the Regulations of 1966, article 7 of the Regulations of 1969 and article 2 of the Regulations of 1979)—

"(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) subject to clause (vii) of this paragraph a person provisionally licensed to drive vehicles of Class A, Class B or Class G 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 or Class F shall drive a vehicle of any such class only while—

(A) he is accompanied by and is under the supervision of a qualified person, or

(B) there are displayed on the vehicle rectangular plates or signs bearing the letter 'L' not less than six inches high in red on a white ground, in clearly visible vertical positions to the front and rear of the vehicle,

(iii) a person provisionally licensed to drive vehicles of Class D or Class H shall drive a vehicle of either such class only while he is accompanied by and is under the supervision of a qualified person and there are displayed on the vehicle rectangular plates or signs bearing the letter 'L' not less than six inches high in red on a white ground, in clearly visible vertical positions to the front and rear of the vehicle,

(iv) 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,

(v) 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,

(vi) compliance with the provisions of clauses (i), (ii), (iii), (iv) and (v) 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, or, where that certificate contains a statement that in relation to a class of vehicles it is limited to a specified type of vehicle, while he is driving such type of vehicle,

(vii) 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,

(viii) compliance with the provision of clause (ii) of this paragraph shall not be necessary where the vehicle is a pedestrian-controlled vehicle.

( b ) In this sub-article "qualified person" means a person who holds a driving licence licensing him to drive the vehicle which the holder of the provisional licence is licensed to drive."

7. Article 22 of the Principal Regulations (as amended by article 7 of the Regulations of 1966 and article 7 of the Regulations of 1973) is hereby further amended by

( a ) the substitution for sub-article (3) of that article of the following sub-article—

"(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 is accompanied by a medical certificate in pursuance of paragraph (f) 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."

and

( b ) the insertion in sub-article (5) of that article after paragraph (e) of the following paragraph—

"(f) where the application relates to vehicles of Class H and the applicant is not or was not for any period within the period of five years preceding the commencement day the holder of a provisional licence in respect of vehicles of that class, a medical certificate in the form set out in Part I of the Third Schedule to these Regulations."

8. The following sub-article is hereby substituted for sub-article (1) of article 27 of the Principal Regulations (as amended by article 8 of the Regulations of 1966, article 8 of the Regulations of 1973, article 4 of the Road Traffic (Licensing of Drivers) (Amendment) Regulations 1975 ( S.I. No. 277 of 1975 ), article 4 of the Regulations of 1979 and article 5 of the Road Traffic (Licensing of Drivers) (Amendment) Regulations 1980 ( S.I. No. 225 of 1980 ))—

"(1) The fee to be paid to the issuing authority on application for a certificate of competency shall be twenty pounds where the application relates to vehicles of Class H, fifteen pounds where the application relates to vehicles of Class D or Class E and ten pounds in any other case."

9. The following article is substituted for article 29 of the Principal Regulations (as amended by article 11 of the Regulations of 1969, article 5 of the Regulations of 1979, article 2 of the Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 1979 ( S.I. No. 342 of 1979 ) and article 2 of the Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations, 1980 ( S.I. No. 334 of 1980 ))—

"29 (1) (a) An application by a person for a driving licence shall be accompanied by a certificate of competency where the application relates to a class or classes without limitation or to a specified type of vehicle belonging to a class 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, unless

(i) the applicant is resident in the State and the application relates to a class or classes without limitation, or to a specified type of vehicle belonging to a class, in respect of which the applicant holds a valid driving license (not being a licence issued to a person to enable him to learn to drive), issued to him by the competent authority of a member State, other than Ireland, of the European Economic Communities, or

(ii) the application relates to vehicles of Class A, Class C or Class G, and the applicant held a valid provisional licence in respect of vehicles of such class or classes on the 11th day of October, 1979, and had prior to such day, held at least one other such licence, or

(iii) the applicant is a person who as a member of the Permanent Defence Force within a period of five years prior to the application held a permit issued by the Director Cavalry Corps or the Director Supply and Transport Corps to drive vehicles of the class or classes to which the application relates and whose application is accompanied by a certificate by either such Director that the applicant is competent to drive vehicles of the relevant class or classes, or

(iv) the application relates to vehicles of Class H,

and

the applicant was on the thirtieth day of June, 1981, the holder of a licence to drive vehicles of Class D,

and

such application is accompanied by a duly completed certificate in the form set out in Part II of the Third Schedule to these Regulations showing that the applicant had during the currency of the said licence driven a vehicle or vehicles of Class H for at least sixty-five days.

( b ) Notwithstanding paragraph (a) of this sub-article, where a decision on an application for a certificate of fitness to accompany an application for a driving licence was deferred pending the production of a certificate of competency, the application shall be accompanied by a certificate of competency.

(2) For the purposes of sub-article (1) of this article a driving licence in respect of a class without limitation or of a type of vehicle belonging to a class set out in Column 1 of the following Table shall be deemed to be a driving licence in respect of the class or any of the classes without limitation or of the type or any of the types of vehicle belonging to a class set out in Column 2 of the Table opposite the mention in Column 1 of that class or type.

TABLE

(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 without limitation or of the specified type or types of vehicle belonging to a class 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 without limitation or of a type of vehicle belonging to a class set out in Column 1 of the Table in sub-article (2) of this article shall be deemed to be a certificate of competency in respect of the class or any of the classes without limitation or of the type or any of the types of vehicle belonging to a class set out in Column 2 of that Table opposite the mention in Column 1 of that class or type."

10. Part I of the First Schedule to the Principal Regulations (as amended by article 18 of the Regulations of 1969) is hereby further amended by the substitution for "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." on page 1 of the form set out in the said Part I of "Class D. Vehicles (other than vehicles of Class B, Class E and Class H) exceeding 2 tons in weight unladen, the drawing components of articulated vehicles and vehicles having passenger accommodation for more than 8 persons." and by the addition thereto after Class G of the following class

11. Part III of the First Schedule to the Principal Regulations (as amended by article 9 of the Regulations of 1966, article 19 of the Regulations of 1969 and article 6 of the Regulations of 1979) is hereby further amended by—

( a ) the substitution for "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." on page 1 of the form set out in the said Part III of "Class D. Vehicles (other than vehicles of Class B, Class E and Class H) exceeding 2 tons in weight unladen, the drawing components of articulated vehicles and vehicles having passenger accommodation for more than 8 persons." and by the addition thereto after Class G of the following class

( b ) the deletion in paragraph 2, page 2 of the said form of the words "Class D", and the insertion after paragraph 2 of the following paragraph:—

"2A — A person provisionally licensed to drive vehicles of Class D or Class H shall drive a vehicle of either such class only while he is accompanied by and is under the supervision of a qualified person and there are displayed on the vehicle rectangular plates or signs bearing the letter "L" not less than six inches high in red on a white ground, in clearly visible vertical positions to the front and rear of the vehicle."

and

( c ) the deletion in paragraph 7, page 2 of the words

"a vehicle of Class F and it is neither constructed or adapted to carry a passenger or where the vehicle is".

12 The Principal Regulations are hereby further amended by the insertion therein after the Second Schedule of the following—

"THIRD SCHEDULE

PART I

Page 1

Road Traffic (Licensing of Drivers) Regulations 1964-1981

Medical certificate to accompany initial application for a licence to drive vehicles of Class H (articulated vehicles).

______________________________

NOTE: This certificate must be sent to the Licensing Authority so as to reach that office not later than one month after the date of the medical examination.

Page 2

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

The following aspects of the physical and mental condition of a person proposing to apply for a provisional licence or a driving licence (Class H vehicles) shall be the relevant aspects of his physical and mental condition for the purposes of the medical examination referred to overleaf

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 Class H (articulated vehicles) 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.

THIRD SCHEDULE

PART II

Certificate of driving experience

(to accompany application for driving licence in respect of vehicles of Class H) (Certificate A or B should be completed)

FULL NAME of applicant (Block Capitals)

Surname ............................................................ ............................................................ ..................................................

Christian or Forenames in full .............................................................. ............................................................ .........

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

CERTIFICATE A

I hereby certify that the person named above was employed by ........................ from ................................ to .............................. as a ............................and that between ....................... and ................. he regularly drove the vehicle types listed below for a period or periods amounting in all to ..................................................... days (part of a day to be counted as a day).

CERTIFICATE B

I hereby certify that I regularly drove the vehicles referred to below on my own behalf or on behalf of ............................................... between ..................... and .............. for a period or periods amounting in all to ........................... days (part of a day to be counted as a day).

Particulars of vehicle(s) in which experience gained.

Signature of vehicle Owner/Director/Company Secretary/Transport Manager/Applicant

(delete inapplicable titles) ............................................................ ............................................................ ....................

Name ................................Date ..............................Nature of Business ............................................................ .........

Telephone No .........................Business Address ............................................................ .........................................

GIVEN under the Official Seal of the Minister for the Environment

this 28th day of May, 1981.

RAPHAEL P. BURKE,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations constitute articulated vehicles as a separate vehicle class for driver licensing from 1 July 1981 — Class H — and prescribe requirements in connection with matters related thereto, including the certificate of competency, provisional licence and driving licence. Revised conditions are prescribed also in connection with the driving of vehicles of Class D by the holders of provisional licences.