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S.I. No. 511/1997 - Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1997

S.I. No. 511 of 1997.

ROAD TRAFFIC (LICENSING OF DRIVERS) (AMENDMENT) REGULATIONS, 1997

In exercise of the powers, conferred on the Minister for the Environment and Local Government by sections 5 , 23 (2), 31 , 33 , 34 , 35 , 38 (7) and 42 of the Road Traffic Act, 1961 (No. 24 of 1961), which powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997, I, Robert Molloy, Minister of State at the Department of the Environment and Local Government hereby make the following Regulations :

1. These Regulations may be cited as the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1997.

2. These Regulations and the Road Traffic (Licensing of. Drivers) Regulations, 1989 to 1996 shall be construed together and may be cited collectively as the "Road Traffic (Licensing of Drivers) Regulations, 1989 to 1997".

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

 "the Regulations of 1996" means the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1996 (S. I .No. 328 of 1996).

4. The Principal Regulations are hereby further amended by -

( a ) the substitution of the following for article 21 (1) as substituted by article 4 of the Regulations of 1994 and article 4 of the Regulations of 1996 :

"(1) (a) Subject to paragraph (b), 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 ) 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 subsequently apply for a provisional licence in respect of that category provided such application is accompanied by evidence that a driving test has been arranged for that person in respect of a vehicle in that category and such licence shall be granted for a period of one year from the date of application.

( c ) Paragraph (a) 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. ".

 Dated this 18th day of December, 1997.

 ROBERT MOLLOY

________________________________

Minister of State at the Department of the

Environment and Local Government.

EXPLANATORY NOTE

These Regulations provide that where a person who holds a second or subsequent provisional licence does not undertake a driving test, that person will only be allowed apply for a further provisional licence which will be valid for a period of one year only where the application is accompanied by evidence that he or she has made an appointment for a driving test.