S.I. No. 328/1996 - Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1996.

S.I. No. 328 of 1996.

ROAD TRAFFIC (LICENSING OF DRIVERS) (AMENDMENT) REGULATIONS, 1996.

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

1. These Regulations may be cited as the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1996.

2. These Regulations and the Road Traffic (Licensing of Drivers) Regulations, 1989 to 1995 shall be construed together and may be cited collectively as the "Road Traffic (Licensing of Drivers) Regulations, 1989 to 1996".

3. In these Regulations —

"the Principal Regulations" means the Road Traffic (Licensing of Drivers) Regulations, 1989 ( S.I. No. 285 of 1989 ),

"the Regulations of 1989" means the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1989 ( S.I. No. 353 of 1989 ),

"the Regulations of 1994" means the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1994 ( S.I. No. 56 of 1994 ).

4. The Principal Regulations are hereby further amended by —

(a) the substitution of the following article for article 19 A, as inserted by the Regulations of 1989:—

"19(A) (1) Notwithstanding article 19(2), a provisional licence may be granted for a period of one year where —

(a) the application for the licence is required under article 42 to be accompanied by a medical report and the medical report indicates that the applicant appears to require medical review within a period which is less than two years, or.../...

(b) where the provisions of article 21 (1) apply.

(2) Where a provisional licence is granted for a period of one year, the commencement of that year shall be determined in the manner set out in article 19(2)."

(b) the substitution of the following sub-article for sub-article 21(1), as substituted by article 4 of the Regulations of 1994:—

"(1) (a) A person shall not apply for a provisional licence to drive vehicles of a category where that person has held two or more provisional licences in respect of vehicles in that category unless, within the period of two years ending on the date of application, that person underwent a driving test in relation to vehicles of that category and produces evidence to that effect to the licensing authority.

(b) (i) Notwithstanding paragraph (a) and subject to sub-paragraph (ii), a person to whom paragraph (a) relates and who has not produced evidence to the effect that he or she underwent a driving test, may apply for a provisional licence to drive vehicles in that category for a period of one year.

(ii) A person to whom sub-paragraph (i) relates who has not undergone a driving test in respect of vehicles in a category during the period in respect of which the provisional licence has been granted, may not subsequently apply for a provisional licence in respect of that category../....

(c) Paragraphs (a) and (b) shall not apply where the applicant satisfies the licensing authority that because of illness, as certified by a registered medical practitioner, the applicant was not in a position to submit to a driving test."

Given under the Official Seal of the Minister for the Environment

this 5th day of November, 1996.

Brendan Howlin

______________________

Minister for the Environment

Explanatory Note

These Regulations provide that a person who fails to comply with the requirement to undergo a driving test in order to obtain a third or subsequent provisional licence may be issued with an additional provisional licence which will be valid for a period of one year only. If a driving test is not undertaken during that year, a further provisional licence will not be issued.