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S.I. No. 537/2006 - Road Traffic (Licensing of Drivers) Regulations 2006

STATUTORY INSTRUMENTS

S.I. No 537 of 2006

Road Traffic (Licensing of Drivers) Regulations 2006


TABLE OF CONTENTS

PART 1

PRELIMINARY AND GENERAL

Regulation

1.

Citation.

2.

Commencement.

3.

Definitions.

4.

Disposition of fees.

5.

Revocations.

PART 2

CATEGORIES OF AND EXCEPTED VEHICLES

6.

Categories of vehicles

7.

Drawing vehicles.

8.

Excepted vehicles.

PART 3

LICENCES - DISQUALIFICATIONS RELATING TO AGE

9.

Minimum ages.

PART 4

DRIVING LICENCES

10.

Form of driving licence and period of grant.

11.

Fee in respect of application for driving licence.

12.

Application for driving licence.

13.

Grant of driving licence.

14.

Motorcycle engine size restriction.

15.

Duplicate driving licence.

PART 5

PROVISIONAL LICENCES

16.

Application of certain provisions of Act to provisional licences.

17.

Form, period and effect of provisional licence.

18.

Fee for provisional licence.

19.

Limitations on application for provisional licence.

20.

Application for provisional licence.

21.

Grant of provisional licence.

22.

Duplicate provisional licence.

PART 6

CERTIFICATES OF COMPETENCY

23.

Issuing authority and delegation of functions.

24.

Form and period of validity of certificate of competency.

25.

Fee for certificate of competency.

26.

Driving test.

27.

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

28.

Application for certificate of competency.

29.

Deferred decision on application for certificate of competency.

30.

Appeal against decision on application for certificate of competency.

31.

Duplicate certificate of competency.

PART 7

CODES

32.

Certificate of competency and driving and provisional licence codes.

PART 8

HEALTH AND FITNESS

33.

Disqualifying diseases or disabilities.

34.

Issuing authority and delegation of functions under section 34 of Act.

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.

No fee for certificate of fitness.

39.

Application for certificate of fitness.

40.

Duplicate certificate of fitness.

41.

Requirement to provide medical report and eyesight report.

PART 9

ENDORSEMENTS AND DISQUALIFICATIONS

42.

Definitions (Part 8).

43.

Application of Part 8 to foreign driving licences.

44.

Where consequential disqualification order is made.

45.

Where ancillary disqualification order is made.

46.

Where special disqualification order is made.

47.

Where order for endorsement in case of conviction is made.

48.

Where disqualification is removed.

49.

Delivery of licence in certain cases.

50.

Notification of making orders.

51.

Retention of licence by licensing authority.

52.

Duplicate licences in certain cases.

PART 10

IDENTITY

53.

Photographs.

54.

Evidence of identity.

PART 11

RECORDS

55.

Keeping of records by licensing authorities.

56.

Information and inspection of records

SCHEDULE 1

Scheduled Forms

SCHEDULE 2

Disqualifying diseases and disabilities

SCHEDULE 3

Diseases or disabilities where a medical report is required

SCHEDULE 4

Driving operations to be carried out during the practical driving test

SCHEDULE 5

Minimum vehicle requirements for the purposes of the practical driving test where the test vehicle was first registered on or after 1 January 2004

Minimum vehicle requirements for the purposes of the practical driving test where the test vehicle was first registered prior to 1 January 2004

SCHEDULE 6

Aspects and standards of physical and mental fitness

Part 1

Eyesight

Part 2

Other Aspects of Physical and Mental Fitness

SCHEDULE 7

Eyesight standards

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by sections 5(1), 23(2), 31(2), 34, 38(1) and 42 of the Road Traffic Act 1961 (No. 24 of 1961) section 2 of the Road Traffic Act 2006 (No. 14 of 2006) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )) for the purpose of giving effect to Council Directive No. 91/439 of 24 July 19911 , as amended by Council Directive 94/72/EC of 19 December 19942 , Council Directive 96/47/EC of 23 July 19963 , Council Directive 97/26/EC of 2 June 19974 and Commission Directive 2000/56/EC of 14 September 20005 hereby make the following regulations:

PART 1

PRELIMINARY AND GENERAL

Citation.

1.         These Regulations may be cited as the Road Traffic (Licensing of Drivers Regulations 2006.

Commencement.

2.         These Regulations come into operation on 21 October 2006.

Definitions.

3.         (1)       In these Regulations -

“Act” means Road Traffic Act 1961 (No. 24 of 1961);

“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;

“automatic transmission” means any system for connecting engine output to driven wheel which is controlled by any method except one consisting solely of driver operated mechanical or hydraulic linkages;

“category” means any one of the categories of vehicles specified in Regulation 6 and includes a subcategory of any such category;

“commencement day” in relation to a driving licence or a provisional licence, means the day on which the licence is 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) (Amendment Regulations 1992 ( S.I. No. 385 of 1992 );

“date of application” means the date on which an application for a certificate of competency a certificate of fitness, a driving licence or a provisional licence is received by an issuing authority;

“design gross vehicle weight” in relation to a vehicle, has the meaning assigned to it by paragraph (2);

“driver tester” means a person appointed by the Minister to carry out tests under section 33 of the Act;

“European Economic Area” has the meaning assigned to it in the European Economic Area Agreement between the European Community and the European Free Trade Area signed in Oporto, on 2 May 1992;

“land tractor” means a vehicle (other than a cycle) which has at least two axles and which -

(a)      is constructed primarily for use on land to pull, push, carry or operate tools, machines or trailers used in connection with agriculture, forestry land levelling, dredging or similar operations, and

(b)      is not constructed itself primarily to carry a load other than a load which is incidental to its use as a tractive vehicle;

“medical report” means a report of a registered medical practitioner under Regulation 41;

“Member State” means Member State (other than the State) of the European Communities or member of the European Economic Area;

Minister” means Minister for Transport;

“moped” means a mechanically propelled bicycle fitted with an engine having a cylinder capacity not exceeding 50 cubic centimetres, if of the internal combustion type, or having a maximum design speed of not more than 45 kilometres per hour;

“motorcycle” means a mechanically propelled bicycle, with or without a sidecar, fitted with an engine having a cylinder capacity of more than 50 cubic centimetres, if of the internal combustion type, or having a maximum design speed of more than 45 kilometres per hour;

“normal residence” means the place where a person usually lives, that is for at least 185 days in each year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he or she is living. However, the normal residence of a person whose occupational ties are in a different place from his or her personal ties and who consequently lives in turn in different places situated in 2 or more Member States shall be regarded as being the place of his or her personal ties where the person returns there regularly. This last condition need not be met where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school does not imply transfer of normal residence;

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

“registration certificate” means a registration certificate under Article 11 of the Aliens Order 1946 (S.R.&O. No. 395 of 1946);

“recognised driving licence” means a licence or permit issued by the competent authority of a state (other than the State) to which an order under section 23A (inserted by section 8 of the Road Traffic Act 2006 ) of the Act applies;

“recording equipment” has the meaning assigned to it in the European Communities (Road Transport)(Recording Equipment) Regulations 1986 ( S.I. No. 393 of 1986 );

“registered medical practitioner” means a person whose name is entered in the General Register of Medical Practitioners;

“registered ophthalmic optician” means a person registered in the Register of Ophthalmic Opticians;

“scheduled form” means a form contained in Schedule 1;

“test” means a test carried out under section 33 of the Act;

“theory test certificate” means a theory test certificate issued by the Driver Theory Testing Service under the European Communities (Driving Theoretical Tests) Regulations 2003 ( S.I. No. 52 of 2003 ) or the European Communities (Licensing of Drivers) Regulations 2001 ( S.I. No. 168 of 2001 );

“trailer” means a vehicle attached to a mechanically propelled vehicle for the purpose of being drawn by the mechanically propelled vehicle;

“tricycle and quadricycle” means, respectively, any 3 or 4 wheeled vehicle in category B with a maximum design speed of over 50 kilometres per hour or powered by a spark-ignition internal combustion engine with a cubic capacity of more than 50 cubic centimetres or any other engine of equivalent power. The unladen mass shall not exceed 550 kilograms. The unladen mass of electrically propelled vehicles shall not take account of the battery mass;

“vehicle”, except in relation to a trailer, means a mechanically propelled vehicle;

“without limitation” means without being limited to a specified type of vehicle belonging to a category;

“work vehicle” means a vehicle (other than a land tractor) which has a maximum design speed not exceeding 40 kilometres per hour and which is constructed primarily for any work other than the conveyance by road of goods or burden of any other description.

(2)       In these Regulations “design gross vehicle weight” of a vehicle, means the gross weight of the vehicle laden with the heaviest load which it can reasonably carry having regard to the engine capacity, brakes, tyres and general construction of the vehicle and shall until the contrary is shown, be taken to be -

(a)     the design gross vehicle weight indicated on the certificate of roadworthiness last issued in relation to the vehicle under the European Communities, (Vehicle Testing) Regulations 1991 ( S.I. No. 356 of 1991 ), or

(b)     where paragraph (a) is not applicable the design gross vehicle weight of a vehicle is -

(i)       the design gross weight of the vehicle as specified by the manufacturer or distributor of the vehicle, or

(ii)     where the design gross weight of the vehicle as specified by the manufacturer or distributor is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer.

Disposition of fees.

4.         (1)       Fees received by the Road Safety Authority under these Regulations shall be paid into and disposed of for the benefit of the Exchequer.

(2)       Fees received by a licensing authority under these Regulations shall be paid into and disposed of for the benefit of the Local Government Fund.

Revocations.

5.         The following are revoked -

(a)      the Road Traffic (Licensing of Drivers) Regulations 1999 ( S.I. No. 352 of 1999 ),

(b)      the Road Traffic (Licensing of Drivers) (Amendment) Regulations 1999 ( S.I. No. 366 of 1999 ),

(c)      the Road Traffic (Licensing of Drivers) (Amendment) Regulations 2001 ( S.I. No. 169 of 2001 ),

(d)      the Road Traffic (Licensing of Drivers) (Amendment) (No. 2 Regulations 2001 ( S.I. No. 516 of 2001 ),

(e)      Regulation 7 of the European Communities (Driving Theoretical Tests Regulations 2003 ( S.I. No 52 of 2003 ), and

(f)       the Road Traffic (Licensing of Drivers) (Amendment) Regulations 2004 ( S.I. No. 705 of 2004 ).

PART 2

CATEGORIES OF AND EXCEPTED VEHICLES

Categories of vehicles.

6.         Vehicles shall be divided, for the purposes of Part III of the Act, into the categories set out in column (1) of the Table below and the vehicles of a category shall, subject to Regulation 6, be those set out in column (2) of the Table opposite the mention in column (1 of that category.

TABLE

Category

Vehicles in Category

(1)

(2)

A

Motorcycles

A1

Motorcycles with an engine capacity not exceeding 125 cubic centimetres and with a power rating not exceeding 11 kilowatts

B

Vehicles (other than motorcycles, mopeds, work vehicles or land tractors) having a design gross vehicle weight not exceeding 3,500 kg., and having passenger accommodation for not more than 8 persons and where the design gross vehicle weight of the trailer is not greater than 750kg

C

Vehicles (other than work vehicles or land tractors) having a design gross vehicle weight exceeding 3,500 kg, and having passenger accommodation for not more than 8 persons and where the design gross vehicle weight of the trailer is not greater than 750kg.

C1

Vehicles in category C having a design gross vehicle weight not exceeding 7,500 kg. and where the design gross vehicle weight of the trailer is not greater than 750kg.

D

Vehicles having passenger accommodation for more than 8 persons and where the design gross vehicle weight of the trailer is not greater than 750kg.

D1

Vehicles in category D having passenger accommodation for not more than 16 persons.

EB

Combinations of vehicles with drawing vehicle in category B and where the design gross vehicle weight of the trailer is greater than 750kg:

EC

Combinations of vehicles with drawing vehicle in category C and where the design gross vehicle weight of the trailer is greater than 750kg:

EC1

Combinations of vehicles with drawing vehicle in category C1 having a combined design gross vehicle weight not exceeding 12,000 kg and where the design gross vehicle weight of the trailer is greater than 750kg:

ED

Combinations of vehicles with drawing vehicle in category D and where the design gross vehicle weight of the trailer is greater than 750kg:

ED1

Combinations of vehicles with drawing vehicle in category D1 having a combined design gross vehicle weight not exceeding 12,000 kg and where the design gross vehicle weight of the trailer is greater than 750kg:

M

Mopeds

W

Work vehicles and land tractors.

Drawing vehicles.

7.         (1)       A combination of vehicles which consists of a drawing vehicle and a trailer shall, for the purpose of these Regulations, be regarded as a vehicle -

(a)     in category B, where the drawing vehicle is in category B and the design gross vehicle weight of the trailer does not exceed the unladen weight of the drawing vehicle and the total design gross vehicle weight of the combination does not exceed 3,500 kg,

(b)     in category B, C1, C, D1 or D, where the drawing vehicle is in category B, C1, C, D1, or D, respectively, and the design gross vehicle weight of the trailer does not exceed 750 kg, or

(c)     in category W, where the drawing vehicle is in category W.

(2)        (a)    Vehicle categories EC1 and ED1 only cover combinations where the design gross vehicle weight of the trailer does not exceed the unladen weight of the drawing vehicle.

(b)     The trailer in combinations of vehicles in category ED1 shall not be used for the transport of persons.

Excepted vehicles.

8.         The pedestrian controlled vehicles which are excepted from section 38(1) to (5) and from sections 40 and 41 of the Act are pedestrian-controlled vehicles which are neither constructed nor adapted for use for carrying the driver or a passenger and which do not exceed 407 kg in weight unladen.

PART 3

LICENCES - DISQUALIFICATIONS RELATED TO AGE

Minimum ages.

9.         The age set out in column (2) of the Table below opposite the mention of a category in column (1) of the Table is the age below which a person is disqualified for holding a driving licence or a provisional licence in respect of vehicles of that category.

TABLE

 

Column 1

Column 2

 

 

Category

Age in Years

 

 

A1, M or W

16

 

 

B or EB

17

 

 

A, C1, C, EC1 or EC

18

 

 

D1, D, ED1 or ED

21

 

PART 4

DRIVING LICENCES

Form of driving licence and period of grant.

10.       (1)       (a)     A driving licence shall be in scheduled form D.402.

(b)     In driving licence form D.402 -

“issued on” means the day the licence comes into force;

“from” means the date on which the licence holder first held a driving licence in the category concerned;

“to” means the date on which the driving licence concerned expires.

(2)       A driving licence shall, subject to paragraphs (3) and (4), be granted for a period of -

(a)     3 years or 10 years, plus the unexpired period of a licence previously granted to the applicant, where the applicant is less than 60 years of age on the commencement day, or

(b)     3 years, plus the unexpired period of a licence previously granted to the applicant, where the applicant is 60 years of age or more on the commencement day.

(3)       A driving licence may be granted for a period of one year, together with the unexpired period of a licence previously granted to the applicant, where the application for the licence is required under Regulation 41 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 3 years.

(4)       A driving licence may be granted for the period beginning on the commencement day and ending on the day before the applicant attains the age of 70 years in case where the applicant is on the commencement day 60 years of age or more but less than 67 years of age.

Fee in respect of application for driving licence.

11.        The fee to be paid to a licensing authority on application for a driving licence is -

(a)     €5, for each year of the period of the licence,

(b)     €25, if the period of the licence is more than 3 years, or

(c)     nil, where the applicant is 70 years of age or more on the commencement day.

Application for driving licence.

12.       (1)       A person making an application for a driving licence shall have his or her normal residence in the State.

(2)       The application shall -

(a)     be made on scheduled form D.401,

(b)     contain the information requested,

(c)     contain the declaration indicated on that form duly completed by the applicant, and

(d)     unless the application is accompanied by a medical report under paragraph (4)(a)(vi), contain a declaration by the applicant that -

(i)       to the best of his or her knowledge and belief he or she is not suffering from any of the diseases or disabilities specified in Schedules 2 and 3,

(ii)      he or she has not suffered in the past from epilepsy or alcoholism,

(iii)     since he or she last applied for a driving licence or a provisional licence his or her health has not suffered any deterioration which affects to a material extent his or her ability to drive, and

(iv)     he or she is not taking, on a regular basis, drugs or medicaments which would be likely to cause the driving of a vehicle by him or her 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 3 months before the date of expiry of the driving licence held by the applicant except where the applicant is applying for a driving licence in respect of vehicles of a category which the applicant is not then licensed to drive.

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

(a)     where the applicant -

(i)       is the holder of a driving licence or a recognised driving licence, such licence,

(ii)      is the holder of a provisional licence, such licence,

(iii)     not being the holder of a driving licence or a recognised driving licence, held -

(I)      a driving licence, or a recognised driving licence issued by the competent authority of a Member State, for any period within the period of 10 years preceding the date of application, or

(II)     a recognised driving licence issued by the competent authority of a state other than a Member State for any period within the period of one year preceding the date of application,

the last such licence granted to him or her,

(iv)     not being the holder of a provisional licence, held such a licence for any period within the period of 5 years preceding the date of application, the last such licence granted to him or her unless, subsequent to the grant of such licence, he or she was granted a driving licence,

(v)      is a person whose application is required under Regulation 27 to be accompanied by a certificate of competency, such certificate of competency,

(vi)      is a person whose application is required under Regulation 41 to be accompanied by a medical report, such medical report, or

(vii)    was granted a first provisional licence in the relevant licence category or categories on foot of an application submitted on or after 24 April 2001, by a theory test certificate, for the time being in force, in respect of a category to which the licence application relates, unless the applicant has already submitted to the licensing authority such a theory test certificate,

(b)     two photographs of the applicant in accordance with Regulation 53 and

(c)     any evidence of identity required under Regulation 54.

(5)       Paragraph (3)(a)(i) to (iv) does 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 the licence.

Grant of driving licence.

13.       Where an application for a driving licence is duly made to a licensing authority, the authority shall complete scheduled form D.402 by entering on it the particulars indicated on that form and affix to it a photograph and signature of the applicant.

Motorcycle engine size restriction.

14.       (1)       Subject to paragraph (2), a person granted a provisional licence for the first time on or after 15 November 1999 to drive vehicles in category A, is, during the validity of all provisional licences granted to him or her and subsequently until a period of having held a driving licence in the category for 2 years, restricted to driving only those vehicles in that category which have a power output not exceeding 25 kW or a power/weight ratio not exceeding 0.16kW/kg, or in the case of vehicles in the said category with sidecars, with a power/weight ratio not exceeding 0.16kW/kg.

(2)       Paragraph (1) does not apply to a person granted a provisional licence for the first time to drive vehicles in category A in the period commencing 15 November 1999 and ending on 17 December 1999 where the person either -

(a)     during that period held a driving licence in respect of vehicles in category A1 and held such a driving licence for a period of at least 2 years during the period of 10 years preceding the commencement day of the licence, or

(b)     was, on the commencement day, 25 years of age or over.

Duplicate driving licence.

15.       (1)       The holder of a driving licence may apply to the licensing authority which granted it for a duplicate of that licence and the application shall be on scheduled form D.800 and shall be accompanied by -

(a)     two photographs of the applicant in accordance with Regulation 53 and

(b)     any evidence of identity required under Regulation 54.

(2)       Where the licensing authority are satisfied that the driving licence (in this Regulation 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 €5, issue such duplicate.

(3)       A duplicate driving licence issued under this Regulation shall consist of scheduled form D.402 which shall have been completed by the licensing authority by entering on it the particulars which were entered on the original licence and by affixing to it a photograph and signature of the applicant.

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

(5)       A duplicate licence issued under this Regulation is a driving licence of the same effect as the original licence.

PART 5

PROVISIONAL LICENCES

Application of certain provisions of Act to provisional licences.

16.       Section 22(2), (4) and (5), sections 26 and 27, section 28(1), (3), (4) and (5) and sections 29, 30, 31, 32, 34, 36, 37, 39 and 41 of the Act 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 does not operate so as to disqualify a person for holding a provisional licence for a period after a specified period until he or she has produced to the appropriate licensing authority a certificate of competency,

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

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

Form, period and effect of provisional licence.

17.       (1)       (a)     A provisional licence shall be in scheduled form D.202.

(b)     In provisional licence form D.202 -

“issued on” means the day the licence comes into force;

“from” means the date on which the licence holder first held a provisional licence in the category concerned;

“to” means the date on which the licence concerned expires.

(2)       A provisional licence shall be granted -

(a)     for a period of 2 years beginning on the day on which the licence is granted, or

(b)     for a period of 2 years plus the unexpired period of a provisional licence previously granted to the applicant.

(3)       Notwithstanding paragraph (2), a provisional licence may be granted for a period of one year where -

(a)     the application for the licence is required under Regulation 41 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 2 years, or

(b)     Regulation 19(1) applies.

(4)       A one year provisional licence shall be granted -

(a)     for a period of one year beginning on the day on which the licence is granted, or

(b)     for a period of one year plus the unexpired period of a provisional licence previously granted to the applicant.

(5)       Subject to Part III of the Act the period during which a provisional licence has effect is the period for which the licence is granted.

(6)       (a)      In this paragraph “qualified person” means a person who holds a driving licence in respect in respect of the vehicle category being driven.

(b)     Subject to subparagraph (c), a provisional licence, on coming into effect, entitles the holder of the licence to drive a vehicle of any category for which the licence is granted on any occasion during the period specified in the licence where the following conditions are complied with , namely that a person provisionally licensed to drive -

(i)       vehicles of category A1, A or M, shall not carry a passenger in or on such a vehicle,

(ii)      a vehicle, shall not carry in the vehicle any passenger for reward,

(iii)     vehicles of category B, C1, C, D1, D, EB, EC1, EC, ED1 or ED, shall not drive such a vehicle unless there are displayed on the vehicle rectangular plates or signs bearing the letter “L” not less than 15 centimetres high in red on a white ground, in clearly visible vertical positions to the front and rear of the vehicle,

(iv)     vehicles of category B, C1, C, D1, D, EB, EC1, EC, ED1 or ED, shall not drive such a vehicle unless he or she is accompanied by and is under the supervision of a qualified person,

(v)     vehicles of category W, shall not carry a passenger in or on such a vehicle unless the vehicle is constructed or adapted to carry a passenger and such passenger is a qualified person,

(vi)     vehicles of category B, C1, C, D1 or D, notwithstanding Regulation 7, shall not drive such a vehicle while the vehicle is drawing a trailer.

(c)     The condition set out in subparagraph (b)(iv) does not apply -

(i)       while the holder of the licence is driving a vehicle in the course of undergoing a driving test or driving a vehicle of a category in respect of which he or she holds a valid certificate of competency, or, where that certificate contains a statement that in relation to a category of vehicle it is limited to a specified type of vehicle, while he or she is driving a vehicle of that type,

(ii)      to a vehicle which is constructed or adapted for use by a person suffering from a physical handicap and which is not constructed or adapted to carry a passenger, or

(iii)     to the driving of a vehicle in category B by a person -

(I)       to whom a provisional licence in respect of vehicles in class C under the Road Traffic (Licensing of Drivers Regulations 1989 ( S.I. No. 285 of 1989 ) was granted prior to 12 August 1985, or

(II)     during the period of validity of a second provisional licence granted to him or her in respect of such a vehicle.

Fee for provisional licence.

18.       The fee to be paid to a licensing authority on application for a provisional licence is -

(a)     €15, or

(b)     nil, where the applicant is 70 years of age or more on the commencement day.

Limitations on application for provisional licence.

19.       (1)       (a)     Subject to this paragraph, a person shall not apply for a provisional licence to drive vehicles of a category where that person has held 2 or more provisional licences in respect of vehicles in that category unless within the period of 2 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 subparagraph (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 where such application is accompanied by evidence that a driving test has been arranged for that person in respect of a vehicle in that category. Subject to Regulation 17(2), a provisional licence granted in accordance with this paragraph has effect for a period of one year.

(c)     Subparagraph (a) does 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.

(2)       A person shall not apply for a first provisional licence in respect of vehicles in -

(a)     category C1, C, D1 or D, unless the person holds a driving licence in respect of vehicles in category B,

(b)     category EB, EC1, EC, ED1 or ED, unless the person holds a driving licence in respect of the drawing vehicle appropriate to the category which is the subject of the application, or

(c)     any category in respect of which the person holds a recognised driving licence.

(3)       An application for a provisional licence in respect of a category of vehicles is regarded as an application for a first provisional licence in respect of that category, unless the applicant held a provisional licence in that category at some time within the period of 5 years preceding the date of application.

Application for provisional licence.

20.       (1)       A person making an application for a provisional licence shall have his or her normal residence in the State.

(2)       The application shall -

(a)     be made on scheduled form D.201,

(b)     contain the information requested,

(c)     contain the declaration indicated on that form duly completed by the applicant, and

(d)     contain a declaration that the applicant has a satisfactory knowledge of the Rules of the Road.

(3)       Where the application is not accompanied by a medical report, the application shall contain a declaration by the applicant that -

(a)     to the best of his or her knowledge and belief he or she is not suffering from any of the diseases or disabilities specified in Schedules 2 and 3,

(b)     he or she has not suffered in the past from epilepsy or alcoholism,

(c)     since he or she last applied for a driving licence or a provisional licence his or her health has not suffered any deterioration which affects to a material extent his or her ability to drive, and

(d)     he or she is not taking, on a regular basis, drugs or medicaments which would be likely to cause the driving of a vehicle by him or her in a public place to be a source of danger to the public.

(4)       An application by the holder of a provisional licence for another provisional licence shall not be made more than 3 months before the date of expiry of the provisional licence held by him or her except where he or she is applying for a provisional licence in respect of vehicles of a category which he or she is not then licensed to drive.

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

(a)     where the applicant -

(i)       is the holder of a driving licence, or a recognised driving licence issued by the competent authority of a Member State such licence,

(ii)      is the holder of a provisional licence, such licence,

(iii)    not being the holder of a driving licence, held a driving licence or a recognised driving licence issued by the competent authority of a Member State, for any period within the preceding 10 years, the last such licence granted to him or her,

(iv)     not being the holder of a provisional licence, held such a licence for any period within the preceding 5 years, the last such licence granted to him or her unless, subsequent to the grant of such licence, he or she was granted a driving licence,

(v)     not being the holder of a provisional licence, a theory test certificate, for the time being in force, in respect of a category to which the application relates, or

(vi)     is a person whose application is required under Regulation 41 to be accompanied by a medical report or eyesight report, such report,

(b)     two photographs of the applicant in accordance with Regulation 53,

(c)     any evidence of identity required under Regulation 54, and

(d)     a birth certificate, passport or registration certificate in relation to the applicant, where the applicant has not held a driving licence within the period of 10 years, or a provisional licence within the period of 5 years, preceding the date of application and is not the holder of a recognised driving licence.

(6)       An application for a provisional licence by a person whose application is required under Regulation 41 to be accompanied by a medical report or eyesight report shall not be required to be accompanied by such a report where the licensing authority are satisfied that a decision on an application by such person for a certificate of competency has within the period of 12 months preceding the date of application been deferred pending the production of a certificate of fitness.

(7)       Paragraph (5)(a), (b), (c) and (d) does 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.

Grant of provisional licence.

21.       Where an application for a provisional licence is duly made the licensing authority shall complete scheduled form D.202 by entering on it the particulars indicated and affix on it a photograph and signature of the applicant.

Duplicate provisional licence.

22.       (1)       The holder of a provisional licence may apply, to the licensing authority which granted it, for a duplicate of the licence. An application for such a duplicate shall be on scheduled form D.800 and shall be accompanied by -

(a)     two photographs of the applicant in accordance with Regulation 53,

and

(b)     any evidence of identity required under Regulation 54.

(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 €5, issue such duplicate.

(3)       A duplicate provisional licence issued under this Regulation shall consist of scheduled form D.202 which has been completed by the licensing authority by entering on it the particulars which were entered on the original licence and by affixing on it a photograph and signature of the applicant.

(4)       Before issuing such duplicate provisional licence, the licensing authority concerned shall endorse on it any endorsement or note which was endorsed or noted on the original licence.

(5)       A duplicate licence issued under this Regulation is a provisional licence of the same effect as the original licence.

PART 6

CERTIFICATES OF COMPETENCY

Issuing authority and delegation of functions.

23.       (1)       The issuing authority for the purposes of section 33 of the Act is the Minister and in this Part “issuing authority” means the Minister.

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

Form and period of validity of certificate of competency.

24.       (1)       A certificate of competency shall be in scheduled form D.302.

(2)       A certificate of competency shall be signed immediately by the person to whom it is issued.

(3)       A certificate of competency ceases to be valid 2 years after the date of issue.

Fee for certificate of competency.

25.       (1)       The fee to be paid to the issuing authority on application for a certificate of competency is -

(a)       €76, where the application relates to vehicles of category EC1, EC ED1, and ED, other than an application under the terms of subparagraph (c),

(b)       €63, where the application relates to vehicles in category C1, C, D1 or D, other than an application under the terms of subparagraph (c),

(c)       nil, where the application relates to vehicles in Category C1, C, D1, D EC1, EC, ED1, or ED and where the applicant satisfies the issuing authority that he or she is unemployed and has been unemployed for a continuous period of not less than 12 months immediately preceding the date of application and is registered with Forás Aiseanna Saothair (FÁS), and

(d)       €38, in any other case.

(2)       A person who does not submit to a test for a certificate of competency arranged pursuant to an application made by him or her shall not, subject to paragraph (3), be given a further test unless he or she makes a fresh application for a certificate of competency.

(3)       Where a person does not submit to a test for a certificate of competency arranged under an application made by such person, the issuing authority may arrange a further test pursuant to the application on its own initiative where the issuing authority -

(a)     receives from the applicant not later than 10 days before the date arranged for the first mentioned test, notification of such person's decision not to submit to the test and the person has not submitted 2 or more such notifications in respect of tests previously arranged pursuant to the application, or

(b)       is satisfied that the applicant had adequate reason for not undergoing the first mentioned test.

(4)       The issuing authority shall not refund to any person the fee paid for an application for a certificate of competency unless it is satisfied that the person had adequate reason for not submitting to a test for a certificate of competency.

Driving test.

26.       (1)       The test to be carried out prior to the giving of a decision under section 33(4 of the Act shall consist of an oral 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 category in respect of which application for a certificate of competency is duly made.

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

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

(b)     can carry out satisfactorily on a road all or any of the operations specified in Schedule 4, as appropriate,

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

(d)     is competent to drive -

(i)       vehicles of the category in respect of which the application is duly made, or

(ii)      where the application is one to which section 22 of the Road Traffic Act 1968 (No. 25 of 1968) applies, to drive vehicles of the type in respect of which the application is 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 -

(a)     have a seat for at least one person in addition to the driver, unless it is a vehicle of category A1, A, M or W or it is a vehicle which is neither constructed nor adapted to carry a passenger,

(b)     be in a roadworthy condition,

(c)     be of a type sufficiently representative of its category, except where it is being provided in pursuance of an application to which section 22 of the Road Traffic Act 1968 applies,

(d)     comply with the minimum vehicle requirements specified in Schedule 5, and

(e)     if it is the drawing component of an articulated vehicle it shall have attached to it 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.

(6)       Subject to paragraph (3), where, because of a physical disability, the applicant can only drive certain types of vehicle with a specific adaptation or adaptations, the driving test shall be taken in such vehicle.

(7)       The issuing authority shall not test or cause to be tested a person in relation to the driving of vehicles of any category unless the person holds a provisional licence in respect of vehicles of the category in relation to which the test is to be carried out.

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

27.       (1)       An application by a person for a driving licence, to drive a vehicle of a specified category or a specified type of vehicle belonging to a category, shall be accompanied by a certificate of competency for that category or type of vehicle, unless the applicant is, or was for any period within the period of 10 years preceding the date of the application, the holder of a driving licence or a recognised driving licence issued by the competent authority of a Member State in respect of that category (or a category corresponding to that category) or type of vehicle.

(2)       Notwithstanding paragraph (1), a certificate of competency shall not be required to be submitted with an application for a driving licence where -

(a)     the application -

(i)       is made by a person who holds, or held at some time within the period of one year preceding the date of application, a driving licence which is a recognised driving licence and who surrenders the licence to the licensing authority with the application,

(ii)      relates to a vehicle of a specified category or a specified type of vehicle belonging to a category, in respect of which the applicant holds the licence, and

(iii)      is accompanied by a statement by the applicant that the licence is a genuine licence issued by the competent authority concerned,

(b)     the applicant is a person who -

(i)       as a member of the Defence Forces within a period of 5 years prior to the date of application held a permit issued by the Director Cavalry Corps or the Director Supply and Transport Corps to drive vehicles of the category 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 that category, or

(ii)      as a member of the Garda Síochána within a period of 5 years prior to the date of application held a certificate issued by or on behalf of the Assistant Commissioner (Training) in the Garda Síochána to drive vehicles of the category to which the application relates and whose application is accompanied by a certificate by or on behalf of the Assistant Commissioner that the person is competent to drive vehicles of that category, or

(c)     the application relates to vehicles in a category set out in column (1) of the Table below and the conditions set out in column (2) of the Table opposite the mention in column (1) of that category are complied with.

TABLE

Category

Conditions

(1)

(2)

ED

The applicant holds a driving licence in respect of vehicles in category D and -

 

(a)      the application is accompanied by a certificate of competency in respect of vehicles in category EC, or

 

(b)      the applicant holds a driving licence in respect of vehicles in category EC.

ED1

The applicant holds a driving licence in respect of vehicles in category D1 and -

 

(a)      the application is accompanied by a certificate of competency in respect of vehicles in category EC or EC1, or

 

(b)      the applicant holds a driving licence in respect of vehicles in category EC or EC1.

(3)        (a)     For the purposes of paragraph (1) a driving licence in respect of a category set out in column (1) of the Table below is regarded as a driving licence in respect of the category or any of the categories set out in column (2) of the Table opposite the mention in column (1) of that category.

TABLE

Category

Categories

(1)

(2)

A1

A1 and M

A

A, A1 and M

B

B and W

C1

B, C1 and W

C

B, C, C1 and W

D1

B, D1 and W

D

B, D, D1 and W

EB

B, EB and W

EC1

B, C1, EB, EC1 and W

EC

B, C, C1, EB, EC, EC1 and W

ED1

B, D1, EB, ED1 and W

ED

B, D, D1, EB, ED, ED1 and W

M

M

W

W

(b)     For the purposes of subparagraph (a) a driving licence shall, in addition to the categories set out in column (2) of the Table above, be regarded as a driving licence in respect of the category M where the person held a driving licence in respect of any of the categories B, EB, C1, EC1, C EC, D1, ED1, D or ED, at any time during the period of 10 years preceding the commencement day.

(4)       A driving licence or a certificate of competency in respect of a vehicle with automatic transmission belonging to a category set out in column (1) of the Table to paragraph (3) shall, for the purposes of paragraphs (1) and (5), be regarded as a driving licence or a certificate of competency, as the case may be, in respect of vehicles with automatic transmission belonging to a category set out in column (2) of the Table opposite the mention in column (1) of the first-mentioned category.

(5)       The certificate of competency to accompany an application for a driving licence in a case referred to in paragraph (1) is a certificate which is valid on the date of application and which was issued to the applicant in respect of the category or categories without limitation or of the specified type or types of vehicles belonging to the category to which his application relates.

(6)       For the purposes of paragraph (5) a certificate of competency in respect of a category without limitation set out in column (1) of the Table to paragraph (3) is regarded as a certificate of competency in respect of the category or any of the categories without limitations set out in column (2) of that Table opposite that mention in column (1) of the category.

Application for certificate of competency.

28.       An application for a certificate of competency shall be made on scheduled form D.301. The applicant shall furnish the information and make the declaration indicated on that form.

Deferred decision on application for certificate of competency.

29.       (1)       In a case where a decision on an application has been deferred under section 33(4) of the Act the applicant may submit to the issuing authority a valid certificate of fitness in respect of the category to which the application for a certificate of competency relates.

(2)       On receipt of such certificate of fitness, the issuing authority shall, subject to section 33(4), either refuse the application for a certificate of competency or issue a certificate of competency.

Appeal against decision on application for certificate of competency.

30.       (1)       Where, in the case of an appeal under section 33(5) of the Act, a judge of the District Court directs that an application shall be dealt with without requiring a certificate of fitness, the issuing authority shall issue a certificate of competency.

(2)       Where, in the case of an appeal under section 33(6) of the Act, a judge 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.

Duplicate certificate of competency.

31.       (1)       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 or she has adequate reasons for requiring a duplicate of such certificate the issuing authority may issue such duplicate.

(2)       A duplicate certificate issued under this Regulation is a certificate of competency of the same effect as the original certificate.

PART 7

CODES

Certificate of competency and driving and provisional licence codes.

32.       (1)       A certificate of competency shall denote the appropriate code or codes set out in column (1) of the Table below to indicate that the recipient of the certificate shall, on taking out a driving licence, be subject to driving vehicles with the restriction or restrictions set out in column (2) of that Table opposite the code in column (1).

TABLE

Code

Restriction

(1)

(2)

10

Modified transmission

15

Modified clutch

20

Modified braking system

25

Modified accelerator system

30

Modified combined braking and accelerator system

35

Modified control layouts

40

Modified steering

42

Modified rear-view mirrors

43

Modified driving seat

44.01

Motorcycle with single operated brake

44.02

Motorcycle with adjusted hand operated brake (front wheel)

44.03

Motorcycle with adjusted foot operated brake (back wheel)

44.04

Motorcycle with adjusted accelerator handle

44.05

Motorcycle with adjusted manual transmission and manual clutch.

44.06

Motorcycle with adjusted rear-view mirror(s)

44.07

Motorcycle with adjusted commands direction indicators, braking light,)

44.08

Motorcycle with seat height allowing the driver, in sitting position, to have two feet on the road at the same time

45

Motorcycle with sidecar only.

78

Restricted to vehicles with automatic transmission

(2)       A licensing authority shall indicate-

(a)     on a driving licence it grants the code or codes indicated on a certificate of competency as referred to in paragraph (1), and

(b)     on a driving licence or a provisional licence it grants the appropriate code or codes set out in column (1) of the Table below to indicate the additional information or restrictions applicable to the licence or to the licence holder set out in column (2) of the Table.

TABLE

Code

Additional information/restrictions

(1)

(2)

01

Must wear corrective lenses

02

Must wear hearing aid

03

Limb prosthesis/orthesis

70

Exchange of recognised driving licence

71

Duplicate licence

73

Restricted to category B vehicles of the motor tricycle or quadricycle type

100

Restricted to vehicles adapted to suit disability of licensee (provisional licence holders and persons granted a certificate of competency or a driving licence prior to 15 November 1999)

101

Renewal subject to submission of a valid medical report

102

Diplomatic licence

103

No entitlement to category M

104

No entitlement to category W

991

First provisional licence in category

992

Second provisional licence in category

993

Third or subsequent provisional licence in category

999

Must be accompanied by a qualified driver.

(3)       A licensing authority shall indicate on a driving licence or a provisional licence it grants by way of renewal of the licence -

(a)     the code 20 instead of code 25, where code 25, or

(b)     the code 25 instead of code 20, where code 20,

prior to 5 July 2004 was indicated on the previous licence.

(4)       (a)      Subject to subparagraph (b), a licensing authority shall when granting a driving licence, indicate on the licence the code 70 referred to in column (1) of the Table to paragraph (2), in any case where the application for the licence is accompanied by a recognised driving licence.

(b)     The code 70 referred to in subparagraph (a) shall be followed by the appropriate country code set out in column (1) of the Table below, to indicate the country of origin of the recognised driving licence, as set out in column (2) of the Table submitted with the driving licence application.

TABLE

Country Code

Country

(1)

(2)

A

Austria

B

Belgium

CZ

Czech Republic

CY

Cyprus

DK

Denmark

EE

Estonia

FIN

Finland

F

France

D

Germany

GR

Greece

HU

Hungary

I

Italy

LV

Latvia

LI

Lithuania

L

Luxembourg

NL

Netherlands

M

Malta

PL

Poland

P

Portugal

SK

Slovak Republic

SI

Slovenia

E

Spain

S

Sweden

GB

United Kingdom

AUS

Australia

GBZ

Gibraltar

IS

Iceland

GBM

Isle of Man

J

Japan

GBJ

Jersey

FL

Liechtenstein

N

Norway

ZA

South Africa

ROK

South Korea

CH

Switzerland

(5)       A person who has code 15 on a driving licence in respect of category B may drive an automatic vehicle in licence category B without the vehicle having a modified clutch.

PART 8

HEALTH AND FITNESS

Disqualifying diseases or disabilities.

33.       Any of the diseases or disabilities specified in Schedule 2 is a disease or disability for the purpose of section 32(1) of the Act.

Issuing authority and delegation of functions under section 34 of Act.

34.       (1)       The issuing authority for the purposes of section 34 of the Act is the Minister.

(2)       The functions of the Minister as the issuing authority under section 34(4) of the Act are delegated to such officer or officers of the Minister as he or she specifies, Any such officer so specified shall, for the purpose of the performance of such functions, be known as an issuing officer.

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

35.       The aspects of a person's physical and mental condition and the minimum standard of physical and mental fitness specified in Schedule 6 shall be, for the purpose of section 34 of the Act, relevant aspects of a person's physical and mental condition which shall be considered in the case of an application for a certificate of fitness.

Form and period of validity of certificate of fitness.

36.       (1)       A certificate of fitness shall be in scheduled form D.503. The certificate shall be signed immediately by the person to whom it is issued.

(2)       A certificate of fitness shall certify a person as being fit to drive for an unlimited period or for a limited period which shall be not less than one year from the date of issue of the certificate and which shall be specified in the certificate.

(3)       A certificate of fitness shall be submitted to a licensing authority within a period of 6 months after the date of issue.

Form of report.

37.       (1)       A report by a registered medical practitioner for the purposes of section 34 of the Act and Regulations 39 and 41 shall be made on scheduled form, D.501, D.502 or D.503 as appropriate.

(2)       The period of one month is prescribed for the purposes of section 34(3) of the Act.

No fee for certificate of fitness.

38.       A fee shall not be payable to the issuing authority in respect of an application for a certificate of fitness.

Application for certificate of fitness.

39.       (1)       An application for a certificate of fitness shall be accompanied by a medical report.

(2)       Where an application for a certificate of fitness in respect of any category has been refused, no further application for such certificate in respect of that category shall be considered by the issuing authority within the period of 6 months from the date of such refusal.

Duplicate certificate of fitness.

40.       (1)       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 or she has adequate reasons for requiring a duplicate of such certificate the issuing authority may issue such duplicate.

(2)       A duplicate certificate issued under this article shall be a certificate of fitness of the same effect as the original certificate.

Requirement to provide medical report and eyesight report.

41.       (1)       An application by a person for a driving licence or a provisional licence shall be accompanied by a report by a registered medical practitioner (“medical report”) where -

(a)     the application, being an application for a driving licence, does not contain the declaration specified in Regulation 12(2)(c),

(b)     the application, being an application for a provisional licence, does not contain the declaration specified in Regulation 20(2)(c),

(c)     the applicant -

(i)       is suffering from any of the diseases or disabilities specified in Schedule 3,

(ii)      has suffered in the past from epilepsy or alcoholism, or

(iii)     takes, on a regular basis, drugs or medicaments which would be likely to cause the driving of a vehicle by him or her in a public place to be a source of danger to the public,

(d)     the applicant is or will be 70 years of age or more on the commencement day and has not made a previous application accompanied by a medical report within 6 months of the date of application,

(e)     the application is an application for a provisional licence for category C1, C, D1, D, EC1, EC, ED1 or ED, unless the licensing authority are satisfied that a medical report for the category previously submitted by the applicant is still valid, or

(f)     the application is -

(i)       an application for a driving licence for category C1, C, D1, D EC1, EC, ED1 or ED unless the licensing authority is satisfied that the applicant has previously submitted a medical report within the preceding 5 years in connection with a provisional licence application in respect of the said category and the application is in respect of a first driving licence in the category, and that the report is still valid, or

(ii)       an application for the renewal of a driving licence for category C1, C, D1, D, EC1, EC, ED1 or ED.

(2)       A medical report submitted to a licensing authority in respect of a vehicle category set out in column (1) of the Table below is regarded as a medical report in respect of the category or any of the categories set out in column (2) of the Table opposite the mention in column (1) of that category -

Category

Categories

(1)

(2)

M

M

A1

A1, M

A

A, A1, M

W

W, B

B

W, B

EB

W, B, EB,

C1

W, B, EB, C1,

C

W, B, EB, C, C1

D1

W, B, EB, D1

D

W, B, EB, D, D1

EC1

W, B, EB, C1, EC1

EC

W, B, EB, C, C1, EC, EC1

ED1

W, B, EB, D1, ED1

ED

W, B, EB, D, D1, ED, ED1

(3)       The medical report to accompany an application for a driving licence or a provisional licence shall be a report in scheduled form D.501, D.502 or D.503, as appropriate provided by a registered medical practitioner dated not more than one month prior to the date of application and which indicates that, in the opinion of the registered medical practitioner-

(a)     the applicant meets the minimum standards of physical and mental fitness specified in Schedule 6 and is fit to drive vehicles of the category to which the application relates, and

(b)     the applicant does not appear to require medical review during the period in respect of which the licence is sought.

(4)       A certificate of fitness may be provided by an applicant in lieu of a medical report for the purposes of this Regulation and where such certificate is provided references in this Regulation to a medical report shall be read as including references to a certificate of fitness.

(5)       An application for a provisional licence for category A1, A, B, M or W shall be accompanied by an eyesight report, unless -

(i)       the applicant has previously provided an eyesight report,

(ii)      the application is accompanied by a medical report, or

(iii)      the applicant has previously provided a medical report,

for the purposes of this Regulation.

(6)       In this Regulation “eyesight report” means a report on scheduled form D.502 from a registered ophthalmic optician or a registered medical practitioner dated not more than one month prior to the date of application which satisfies the licensing authority that the eyesight of an applicant for a provisional licence, or in the case of an applicant with defective eyesight for the time being corrected, the eyesight of the applicant as so corrected, complies or does not comply, with the standards set out in Schedule 7.

(7)       An eyesight report in relation to a person shall indicate whether or not the wearing of corrective lenses by the person is necessary to enable the eyesight of that person to meet the standards set out in Schedule 7.

PART 9

ENDORSEMENTS AND DISQUALIFICATIONS

Definitions (Part 8).

42.       In this Part -

“disqualified person” means, as the case may be, a person in respect of whom a consequential, ancillary or special disqualification order has been made;

“driving licence” includes a provisional licence and a foreign driving licence;

“foreign driving licence” means a licence or permit to drive a vehicle (not being a licence or permit issued to a person to enable that person to learn to drive) issued by the competent authority of a state, other than the State;

“officer” means, as the case may be, the clerk or registrar of a court.

Application of Part 8 to foreign driving licences.

43.       This Part applies to a foreign driving licence in like manner as it applies to a driving licence.

Where consequential disqualification order is made.

44.       (1)       This Regulation applies where a consequential disqualification order is made under the Act.

(2)       Subject to paragraph (4), the driving licence (if any) of the disqualified person shall, within 5 days of the coming into operation of the consequential disqualification order be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal has not been lodged or to the officer of the appellate court in any other case.

(3)       The officer of the court to whom the driving licence is delivered under paragraph (2) shall retain it until the fifth day after the coming into operation of the consequential disqualification order and shall endorse it and send it to the licensing authority which granted it.

(4)       Where, by virtue of section 30(3)(d) of the Act the operation of a consequential disqualification order has been postponed to a day more than 5 days after the day on which the order would have come into operation if there had been no such postponement, the driving licence (if any) of the disqualified person, shall -

(a)     within 5 days of the day on which the order would have come into operation if there had been no postponement, be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal had not been lodged or to the officer of the appellate court in any other case and that officer shall endorse it and return it to the disqualified person, and

(b)     within 5 days of the coming into operation of the order be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal had not been lodged or to the officer of the appellate court in any other case and that officer shall send it to the licensing authority which granted it.

(5)       Paragraphs (2) and (4) are penal regulations.

Where ancillary disqualification order is made.

45.       (1)       This Regulation applies where an ancillary disqualification order is made under the Act.

(2)       Subject to paragraphs (4) and (5), the driving licence (if any) of the disqualified person shall, within 5 days of the coming into operation of the ancillary disqualification order, be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal has not been lodged or to the officer of the appellate court in any other case.

(3)       The officer of the court to whom the driving licence is delivered under paragraph (2) shall retain it until the fifth day after the coming into operation of the ancillary disqualification order and shall endorse it and send it to the licensing authority which granted it.

(4)       Where, by virtue of section 30(3)(d) of the Act the operation of an ancillary disqualification order has been postponed to a day more than 5 days after the day on which the order would have come into operation if there had been no such postponement, the driving licence (if any) of the disqualified person, shall -

(a)     within 5 days of the day on which the order would have come into operation if there had been no postponement, be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal had not been lodged or to the officer of the appellate court in any other case and that officer shall endorse it and return it to the disqualified person, and

(b)     within 5 days of the coming into operation of the order be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal had not been lodged or to the officer of the appellate court in any other case and that officer shall send it to the licensing authority which granted it.

(5)       Where an ancillary disqualification order is made by an appellate court in respect of a conviction in relation to which an ancillary disqualification order was not made by the court from which the appeal is taken, the driving licence (if any) of the disqualified person shall -

(a)     where the operation of the order is not postponed under section 30(3)(d) of the Act for a period of more than 5 days, be delivered by the disqualified person to the officer of the appellate court within 5 days of the coming into operation of the order and that officer shall endorse it and send it to the licensing authority which granted it, or

(b)     where the operation of the order has been postponed under section 30(3)(d) of the Act for a period of more than 5 days, be delivered by the disqualified person to the officer of the appellate court within 5 days of the making of the order and that officer shall endorse it and return it to the disqualified person, and

(c)     where the driving licence has been endorsed under subparagraph (b) be delivered by the disqualified person to the officer of the appellate court within 5 days of the coming into operation of the order and that officer shall send it to the licensing authority which granted it.

(6)       Paragraphs (2), (4) and (5) are penal regulations.

Where special disqualification order is made.

46.       (1)       This Regulation applies where a special disqualification order is made under the Act.

(2)       Unless the operation of the special disqualification order is suspended pending an appeal, the driving licence of the disqualified person shall, within 5 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 paragraph (2) 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 or she 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 or she shall send the driving licence to the registrar of the Circuit Court.

(4)       Where a special disqualification order has been suspended 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 5 days after the day of lodgement of the notice of the withdrawal of the appeal, 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, or

(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 5 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 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 section 36(4) of the Act as a result of such special disqualification order and return the driving licence to the licensee, or

(c)     if the appeal is heard and the special disqualification order is annulled and a new order is 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.

(6)       Paragraphs (2) and (4) are penal regulations.

Where order for endorsement in case of conviction is made.

47.       (1)       Where an order under section 36(1) or (2)(c) of the Act is made in relation to a person who is the holder of a driving licence, the licence shall, within 5 days after the making of the order, be delivered by the holder 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 section 36(1) 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 or her of the driving licence, note on it the annulment.

(3)       Paragraph (1) is a penal regulation.

Where disqualification is removed.

48.       (1)       Where a disqualification under a consequential disqualification order or under an ancillary disqualification order is removed by an order under section 29(1) of the Act the officer of the court which made the order for the removal of the disqualification shall, on delivery to him or her 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 holder of the licence, or

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

(2)       Where, on appeal under section 29(6) 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 or her 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 holder of the licence, or

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

Delivery of licence in certain cases.

49.       (1)       Where a person -

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

the person shall deliver the first driving licence obtained thereafter by him or her, within 5 days after obtaining it, to the officer of the court who shall endorse it and where a consequential or ancillary disqualification order is not then in operation, return it to the licensee or, where such an order is in operation, send it to the licensing authority which granted it.

(2)       Where a licensing authority granting a driving licence is aware that the driving licence is required to be delivered under paragraph (1), a note of the requirement shall be attached by the licensing authority to the driving licence.

(3)       Paragraph (1), in relation to the obligation of a person to deliver to an officer of the court a driving licence, is a penal regulation.

Notification of making orders.

50.       (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 subparagraph (a), or

(c)     an order for the suspension of the operation of a special disqualification order is made by a court under section 30(3)(b) of the Act,

the officer of the court which makes the order shall notify the Road Safety Authority 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 Regulation “disqualification order” means a consequential disqualification order, an ancillary disqualification order or a special disqualification order.

Retention of licence by licensing authority.

51.       Where a driving licence is sent under this Part to a licensing authority, the 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 has been returned to the holder of the licence by the court, return it to the holder.

Duplicate licences in certain cases.

52.       (1)       Where a driving licence which has been granted in respect of more than one category of vehicle is sent under this Part to a licensing authority in a case where the holder of the licence is declared to be disqualified for holding a driving licence in respect of one or some but not all of such categories of vehicles, the licensing authority shall issue to the holder a duplicate driving licence in respect of the category or categories for which the holder is not disqualified for holding a driving licence.

(2)       (a)      A duplicate driving licence issued under this Regulation shall be returned by the holder of the licence to the licensing authority where the driving licence sent to the licensing authority is returned under this Part by the licensing authority to the holder.

(b)     This paragraph is a penal regulation.

PART 10

IDENTITY

Photographs.

53.       (1)       Each of the photographs to accompany an application for a driving or provisional licence or a duplicate of such licence shall -

(a)     be signed on the back by the applicant,

(b)     in the opinion of the licensing authority to whom the application is made, be similar in appearance to the other photograph and provide an adequate facial likeness of the applicant for identification purposes and

(c)     be 3.5cm wide by 4.5cm long, approximately, on a white or other plain light background.

Evidence of identity.

54.       (1)       An applicant for a driving or provisional licence or a duplicate of such licence must, if requested by the licensing authority to whom the application is made, include details with the application or produce for examination by the authority any of the following, -

(a)     a passport,

(b)     an employee or student identity card,

(c)     a book issued in the State for payment of social welfare allowances, benefits or pensions,

(d)     a medical card issued in the State,

(e)     a free travel card issued in the State by the Department of Social, Community and Family Affairs,

(f)     a travel document containing the name and photograph of the holder,

(g)     a signing-on card issued in the State by the Department of Social, Community and Family Affairs,

(h)     a bank, savings bank book or cheque book,

(i)     a credit or charge card,

(j)     a credit union membership card,

(k)     a birth certificate,

(l)     a marriage certificate, or

(m)   a registration certificate.

PART 11

RECORDS

Keeping of records by licensing authorities.

55.       A licensing authority shall keep such records in relation to driving licences provisional licences and licences granted by them under Part 111 of the Act as the Minister directs.

Information and inspection of records.

56.       (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 a driving licence or provisional licence granted by the authority or any notification received by the authority under Part 6.

(2)       A licensing authority shall, on request and on payment of a fee of €6, supply to any person who satisfies the authority that he or she has reasonable cause there for such information as is requested in relation to a driving licence or provisional licence 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 these Regulations and to make copies of them.

SCHEDULE 1

Scheduled Forms

Regulation 3

Form D.201 - Application for a provisional licence.

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Form D.202 - Provisional licence.

Side 1

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Side 2

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Form D.301 - Application for a certificate of competency.

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Form D.302 - Certificate of competency.

/images/en.si.2006.0537.0005.jpg

Form D.401 - Application for a driving licence.

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Form D.402 - Driving licence.

Side 1

/images/en.si.2006.0537.0007.jpg

Side 2

/images/en.si.2006.0537.0008.jpg

Form D.501 - Medical report.

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Form D.502 - Eyesight report.

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Form D.503 - Certificate of fitness.

/images/en.si.2006.0537.0011.jpg

Form D.800 - Application for duplicate driving licence or duplicate Provisional licence.

/images/en.si.2006.0537.0012.jpg

Form D.900 - Recognised driving licence declaration.

/images/en.si.2006.0537.0013.jpg

SCHEDULE 2

Regulations 12 and 20

Disqualifying diseases and disabilities

Dependence on or regular abuse of psychotropic substances.

Serious arrhythmia resulting in loss of consciousness.

SCHEDULE 3

Regulations 12 and 20

Diseases or disabilities where a medical report is required

Alcoholism.

Any physical disablement which is likely to affect ability to drive safely.

Any illness which requires the regular use of psychotropic substances.

Any illness or disease which requires the regular use of medications likely to affect ability to drive safely.

Cardiovascular diseases.

Diplopia, defective binocular vision or loss of visual field.

Serious hearing deficiency.

Mental disturbance due to disease or trauma of, or operation upon, the central nervous system.

Severe mental retardation.

Psychosis.

Psychoneurosis or personality disorders.

Serious diseases of the blood.

Any disease of the genito-urinary system (including renal disorder) which is likely to affect ability to drive safely.

SCHEDULE 4

Regulation 26

Driving operations to be carried out during the practical driving test

(1)       Skills and behaviour to be tested concerning categories A and A1 -

(a)     Preparation and technical check of the vehicle with a bearing on road safety. Applicants must demonstrate that they are capable of preparing to ride safely by satisfying the following requirements -

(i)       Adjusting the protective outfit, such as gloves, boots, clothes and safety helmet,

(ii)      Performing a random check on the condition of the tyres brakes, steering, emergency stop switch (if applicable), chain oil levels, lights, reflectors, direction indicators and audible warning device,

(iii)     Putting the motorcycle on and off its stand and moving it, without the aid of the engine, by walking alongside the vehicle,

(iv)     Parking the motorcycle,

(b)     Behaviour in traffic. Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions -

(i)       Riding away: after parking, after a stop in traffic, exiting a driveway,

(ii)      Riding on straight roads, passing oncoming vehicles, including in confined spaces,

(iii)     Riding round bends,

(iv)     Approaching and crossing of intersections and junctions,

(v)     Changing direction, left and right turns, changing lanes,

(vi)     Approach/exit of motorways or similar (if available), joining from the acceleration lane, leaving on the deceleration lane,

(vii)    Overtaking/passing, overtaking other traffic (if possible), riding alongside obstacles, e.g. parked cars, being overtaken by other traffic (if appropriate),

(viii)   Riding at the following (if available): roundabouts, railway level crossings, tram/bus stops, pedestrian crossings, riding up/downhill on long slopes,

(ix)     Taking the necessary precautions when getting off the vehicle.

(2)       Skills and behaviour to be tested concerning categories B, and EB.

(a)     Preparation and technical check of the vehicle with a bearing on road safety. Applicants must demonstrate that they are capable of preparing to drive safely by satisfying the following requirements -

(i)       Adjusting the seat as necessary to obtain a correct seated position,

(ii)      Adjusting rear-view mirrors, seat belts and head restraints if available,

(iii)     Checking that the doors are closed,

(iv)     Performing a random check on the condition of the tyres steering, brakes, fluids (e.g. engine oil, coolant, washer fluid) lights, reflectors, direction indicators and audible warning device,

(v)     Checking the safety factors relating to vehicle loading: body sheets, cargo doors, cabin locking, way of loading, securing load (category EB only),

(vi)     Checking the coupling mechanism and the brake and electrical connections (category EB only),

(b)     Special manoeuvres with a bearing on road safety. A selection of the following manoeuvres shall be tested (including one in reverse gear) -

(i)       Reversing in a straight line or reversing right or left round a corner while keeping within the correct traffic lane,

(ii)      Turning the vehicle to face the opposite way, using forward and reverse gears,

(iii)     Parking the vehicle and leaving a parking space (parallel oblique or right-angle, forwards or in reverse, on the flat, uphill or downhill),

(iv)     Braking accurately to a stop,

(v)     Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line) (category EB only),

(vi)     Reversing along a curve, (category EB only),

(vii)    Parking safely for loading/unloading (category EB only),

(c)     Test candidates must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions -

(i)       Driving away: after parking, after a stop in traffic; exiting a driveway,

(ii)      Driving on straight roads; passing oncoming vehicles, including in confined spaces,

(iii)     Driving round bends,

(iv)     Approaching and crossing of intersections and junctions,

(v)     Changing direction: left and right turns; changing lanes,

(vi)     Approach/exit of motorways or similar (if available): joining from the acceleration leaving on the deceleration lane,

(vii)    Overtaking/passing: overtaking other traffic (if possible) driving alongside obstacles, e.g. parked cars, being overtaken by other traffic (if appropriate),

(viii)    Special road features (if available): roundabouts, railway level crossings, tram/bus stops, pedestrian crossings, driving up/downhill on long slopes,

(ix)     Taking the necessary precautions when alighting from the vehicle.

(3)       Skills and behaviour to be tested concerning categories C, EC, C1, EC1, D ED, D1 and ED1.

(a)     Preparation and technical check of the vehicle with a bearing on road safety. Applicants must demonstrate that they are capable of preparing to drive safely by satisfying the following requirements -

(i)       Adjusting the seat as necessary to obtain a correct seated position,

(ii)      Adjusting rear-view mirrors, seat belts and head restraints if available,

(iii)     Random checks on the condition of the tyres, steering, brakes lights, reflectors, direction indicators and audible warning device,

(iv)     Checking the power-assisted braking and steering systems checking the condition of the wheels, wheel nuts, mudguards windscreen, windows and wipers, fluids (e.g. engine oil coolant, washer fluid),

(v)     Checking and using the instrument panel including the recording equipment,

(vi)     Overtaking/passing: overtaking other traffic (if possible); riding alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate),

(vii)    Checking the air pressure, air tanks and the suspension,

(viii)    Checking the safety factors relating to vehicle loading: body sheets, cargo doors, loading mechanism (if available), cabin locking (if available), way of loading, securing load (categories C, EC, C1, EC1 only),

(ix)     Checking the coupling mechanism and the brake and electrical connections (categories EC, C1, ED, ED1 only),

(x)     Being capable of taking special vehicle safety measures; controlling the body, service doors, emergency exits, first aid equipment, fire extinguishers and other safety equipment (categories D, ED, D1, ED1 only),

(b)     Special manoeuvres with a bearing on road safety. A selection of the following manoeuvres shall be tested (including one in reverse gear) -

(i)       Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (categories EC, EC1, ED, ED1 only),

(ii)      Reversing along a curve,

(iii)     Parking safely for loading/unloading at a loading ramp/platform or similar installation (categories C, EC, C1 EC1 only),

(iv)     Parking to let passengers on or off the bus safely (categories D ED, D1, ED1 only),

(v)     Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line) (category EB only),

(c)     Test candidates must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions -

(i)       Driving away: after parking, after a stop in traffic; exiting a driveway,

(ii)      Driving on straight roads; passing oncoming vehicles, including in confined spaces,

(iii)     Driving round bends,

(iv)     Approaching and crossing of intersections and junctions,

(v)     Changing direction: left and right turns; changing lanes,

(vi)     Approach/exit of motorways or similar (if available), joining from the acceleration lane leaving on the deceleration lane,

(vii)    Overtaking/passing: overtaking other traffic (if possible); driving alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate).

SCHEDULE 5

Regulation 26

Minimum vehicle requirements for the purposes of the practical driving test where the test vehicle was first registered on or after 1 January 2004

Category

Vehicles in Category

A

Motorcycle without sidecar with an engine capacity greater than 125 cc and capable of a speed of at least 100 km/h.

A1

Category A1 motorcycle without sidecar with an engine capacity greater than 50 cc or with a maximum design speed of more than 45 km/h, but with an engine capacity not exceeding 125 cc.

B

Category B vehicle capable of a speed of at least 100 km/h.

C

Category C vehicle with a design gross vehicle weight of at least 12000 kilograms, a length of at least eight metres, a width of at least 2,40 metres and capable of a speed of at least 80 km/h; fitted with anti-lock brakes, equipped with a gearbox having at least 8 forward ratios and recording equipment; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab.

C1

Category C1 vehicle with a maximum authorised mass of at least 4000 kilograms but not exceeding 7,500 kilograms, with a length of at least 5 metres and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab.

D

Category D vehicle having passenger accommodation for more than 16 persons, being at least 10 metres in length, and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and recording equipment.

D1

Category D1 vehicle with a length of at least five metres, with a gross vehicle weight of at least 4,000 kilograms, and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and recording equipment.

EB

A combination, made up of a category B test vehicle capable of a speed of at least 100 km/h, which should be either -

 

(a)      a 4 wheel drive vehicle and trailer, or

 

(b)      a vehicle with a minimum length of at least 4.25 metres and trailer,

 

The trailer should have a design gross vehicle weight of at least 1400 kilograms; the cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the motor vehicle; the trailer to have a minimum internal length of 2.4 metres, the closed box body may be slightly less wide than the motor vehicle provided that the view to the rear is only possible by use of the external rear-view mirrors of the motor vehicle.

EC

either an articulated vehicle or a combination of a category C test vehicle and a trailer of at least 7,5 metres in length; both the articulated vehicle and the combination shall have a maximum authorised mass of at least 20000 kilograms, a length of at least 14 metres and a width of at least 2,40 metres, shall be capable of a speed of at least 80 km/h, fitted with anti-lock brakes, equipped with a gearbox having at least 8 forward ratios and with recording equipment; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab.

EC1

A combination made up of a category C1 test vehicle and a trailer with a design gross vehicle weight of at least 2000 kilograms and a minimum internal length of 2.4 metres; this combination shall be at least 8 metres in length; the cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the cab; the closed box body may also be slightly less wide than the cab provided that the view to the rear is only possible by use of the external rear-view mirrors of the motor vehicle.

ED1

A combination, made up of a category D1 test with trailer. The trailer used shall have a design gross vehicle weight of at least 1,400 kg and have internal length of at least 2.4 metres; the cargo compartment of the trailer shall consist of a closed box body which is at least 2 metres wide and 2 metres high.

M

Two-wheeled mechanically propelled vehicle, not capable of being manually propelled, with an engine capacity not exceeding 50 cc and

 

having a maximum design speed not exceeding 45 km/h.

W

Work vehicle and land tractor.

Minimum vehicle requirements for the purposes of the practical driving test where the test vehicle was first registered prior to 1 January 2004

Category

Vehicles in Category

A

Motorcycle without sidecar with an engine capacity greater than 125 cc and capable of a speed of at least 100 km/h.

A1

Category A1 motorcycle without sidecar with an engine capacity greater than 50 cc or with a maximum design speed of more than 45 km/h, but with an engine capacity not exceeding 125 cc.

B

Category B vehicle capable of a speed of at least 100 km/h.

C

Category C vehicle with a design gross vehicle weight of at least 10,000 kilograms, a length of at least 7 metres, and capable of a speed of at least 80 km/h.

C1

Category C1 vehicle with a design gross vehicle weight of at least 4000 kilograms and capable of a speed of at least 80 km/h.

D

Category D vehicle having passenger accommodation for more than 16 persons, being at least 9 metres in length, and capable of a speed of at least 80 km/h.

D1

Category D1 vehicle capable of a speed of at least 80 km/h.

EB

A combination, made up of a category B test vehicle with trailer, which should be either:

 

(a)       a 4 wheel drive vehicle and trailer, or

 

(b)       a vehicle with a minimum length of at least 4.25 metres and trailer.

 

The trailer used shall have a design gross vehicle weight of at least 1,400 kg and have internal dimensions of at least 2.4 metres × 1.2 metres.

EC

Articulated vehicle having a combined design gross vehicle weight of at least 18,000 kg and an overall length of at least 12 metres, capable of a speed of at least 80 km/h.

EC1

A combination, made up of a category C1 test vehicle with trailer, having a combined length of at least 8 metres. The trailer used shall have a design gross vehicle weight of at least 2,000 kg and have internal dimensions of at least 2.4 metres × 1.2 metres.

ED1

A combination, made up of a category D1 test vehicle with trailer. The trailer used shall have a design gross vehicle weight of at least 1,400 kg and have internal dimensions of at least 2.4 metres × 1.2 metres.

M

Two-wheeled mechanically propelled vehicle, not capable of being manually propelled, with an engine capacity not exceeding 50 cc and/or having a maximum design speed not exceeding 45 km/h.

W

Work vehicle and land tractor.

SCHEDULE 6

Regulations 35 and 41

Aspects and standards of physical and mental fitness

Part 1

Eyesight

1.       The eyesight of an applicant for a licence to drive a vehicle of any category shall be examined with regard to the person's ability to see to the front, to either side and by means of a mirror or mirrors, to the rear of the vehicle. In doubtful cases particular attention shall be paid to visual acuity, field of vision, night vision and progressive eye diseases. When the wearing of corrective lenses is necessary for driving, this shall be recorded on the medical report.

2.       In the case of an applicant for a licence to drive vehicles of category A1, A, B, EB, M or W, the eyesight of the person shall comply with the standards outlined in Schedule 5.

3.       In the case of an applicant for a licence to drive vehicles of category C1, C, D1, D EC1, EC, ED1 or ED whose first licence in any of said categories was granted before 15 November, 1999 -

(a)     the person shall have a binocular vision with a visual acuity (with corrective lenses where necessary) of at least 0.75 in the better eye and of at least 0.5 in the worse eye; if corrective lenses are used, the uncorrected vision must be not less than 0.1 and the correction must be tolerated,

(b)     fitness to drive shall not be certified if, on examination, it is found that the applicant has a restricted field of vision, diplopia or defective binocular vision.

3.       In the case of an applicant for a licence to drive vehicles of category C1, C, D1, D EC1, ED1 or ED whose first licence in any of said categories was granted on or after 15 November 1999 -

(a)     the person shall have a binocular vision with a visual acuity (with corrective lenses where necessary) of at least 0.8 in the better eye and at least 0.5 in the worse eye. If corrective lenses are used to attain the values of 0.8 and 0.5, the uncorrected acuity in each eye must read 0.05, or else the minimum acuity (0.8 and 0.5) must be achieved either by correction by means of glasses with a power not exceeding plus or minus 8 dioptres, or with the aid of contact lenses. The correction must be well tolerated,

(b)     fitness to drive shall not be certified in respect of applicants without a normal binocular field of vision or suffering from diplopia.

5.         In the case of an applicant for a driving licence to drive vehicles of any category, who is aged 40 years or more and who has sub-normal vision after correction but nevertheless meets the minimum requirements set out in paragraph 2, 3 or 4 of this Part of this Schedule as applicable, the cause of loss of vision shall be investigated before the person is certified as fit to drive. Where a disease of the eye is discovered or suspected, the report shall recommend periodic tests at appropriate intervals.

Part 2

Other Aspects of Physical and Mental Fitness

Preamble

Driving is more comfortable and safe if all medical conditions are under optimal control. Specialist opinion may be helpful in cases of doubt, not only to help decision-making when driving may no longer be safe but also to ensure a maximisation of health status and the provision of relevant compensatory measures i.e. spectacles, car choice, vehicle adaptations physiotherapy.

General

1.         (1)       In the case of an applicant for a licence to drive a vehicle of any category, the medical examination shall take account of the following aspects of the applicant's physical and mental condition:

ear conditions (vertigo and labyrinthine conditions),

general physique and physical disabilities,

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 system,

Condition of mental system,

In so far as any condition of abnormality in any one or more of these aspects would affect such person's fitness to drive safely vehicles of that category having regard to -

(a)     the ability of the person concerned, both physically and mentally, to operate efficiently and safely the controls of the vehicles and to continue so to operate the controls over a reasonable period,

(b)     the susceptibility of the person concerned to sudden incapacity, such as loss of consciousness, fainting or giddiness, which might affect such person's ability to operate the controls of the vehicle so as to bring the vehicle to stop safely, and

(c)     the susceptibility of the person concerned to fatigue such that such person's ability to operate the controls of the vehicle might be seriously impaired.

(2)       Fitness to drive shall not be certified in the case of an applicant to drive a vehicle of any category who suffers from any condition or abnormality in any one or more of the aspects of such person's physical and mental condition set out in sub paragraph (1) of this paragraph to such extent that the driving by the applicant of vehicles of the category to which the application relates would be a danger to the applicant or other road users.

(3)       Special attention shall be paid to the additional risks and dangers involved in driving vehicles of category C1, C, D1, D, EC1, EC, ED1 or ED.

General Physique and Physical Disabilities.

2.         (1)       As a general rule, fitness to drive shall not be certified in respect of persons suffering from complaints or abnormalities of the locomotor system which make it dangerous for them to drive a power-driven vehicle.

(2)       In the case of an applicant for a licence to drive vehicles of category A1, A, B EB, M or W, fitness to drive may be certified in respect of physically handicapped persons subject to periodic medical review. Where a person is suffering from a progressive complaint, fitness to drive may be certified on condition that the disabled person is regularly examined to check that the person concerned is still capable of driving the vehicle efficiently and safely.

(3)       In the case of an applicant for a licence to drive vehicles of category C1, C D1, D, EC1, EC, ED, ED1, or ED, the medical examination shall cover the full range of body movements - strength, control and co-ordination - and in particular, movements of the upper and lower limbs. Fitness to drive shall not be certified if the applicant has any disablement which is likely to prevent the proper and safe control of such vehicles.

Hearing

3.         In the case of an applicant for a licence to drive a vehicle of category C1, C, D1, D EC1, EC, ED1 or ED, fitness to drive shall not be certified if the applicant's hearing is so deficient that it interferes with the proper discharge of his or her duties as a driver.

Cardiovascular Diseases

4.         (1)       Any disease capable of exposing an applicant for a first licence or a driver applying for a renewal of a licence to a sudden failure of the cardiovascular system such that there is a sudden impairment of the cerebral functions constitutes a danger to road safety.

(2)       In the case of an applicant for a licence to drive vehicles of category A1, A, B EB, M or W, the following should be noted -

(a)     fitness to drive shall not be certified if the applicant suffers from serious arrhythmia resulting in loss of consciousness.

In this connection, persons with ventricular tachyarrhythmias treated by an implantable cardioverter-defibrillator (ICD) have an ongoing risk of sudden incapacitation that might cause harm to others while driving. Such persons with New York Heart Functional Class III shall not be certified as being fit to drive. However, fitness to drive may be certified in respect of such patients with New York Heart Functional Class I or II subject to -

(i)       certification by a consultant cardiologist, and

(ii)       regular medical review,

(b)     fitness to drive may be certified in respect of persons wearing a pacemaker subject to regular medical review,

(c)     the question whether to certify a person suffering from abnormal arterial blood pressure as being fit to drive shall be assessed with reference to the other results of the medical examination, any associated complications and the danger they might constitute to road safety; and

(d)     generally speaking, fitness to drive shall not be certified in respect of persons suffering form angina during rest or emotion. Persons who have suffered myocardial infarction may be certified as being fit to drive subject to regular medical review.

(3)       In the case of an applicant for a licence to drive vehicles of category C1, C D1, D, EC1, EC, ED1 or ED who suffers from cardiovascular diseases, the medical examination shall take due account of the additional risks and dangers involved in the driving of such vehicles.

Endocrine Disorders.

5.         (1)       In the case of an applicant for a licence to drive vehicles of category A1, A, B EB, M or W who suffers from diabetes, fitness to drive may be certified for a limited period only so as to ensure that the applicant remains under medical supervision.

(2)       In the case of an applicant for a licence to drive vehicles of category C1, C D1, D, EC1, EC, ED1 or ED who suffers from diabetes, fitness to drive may be certified for a limited period only so as to ensure that the applicant remains under medical supervision. However, persons who suffer from diabetes which requires insulin treatment may only in very exceptional cases be certified as being fit to drive vehicles of any of the categories mentioned above. This latter shall be subject to -

(i)       certification by a consultant specialist in endocrinology with a special interest in diabetes, and

(ii)       annual medical review.

(3)       In the case of an applicant for a licence to drive vehicles of any category fitness to drive shall not be certified where the applicant suffers from a severe endocrine disorder, other than diabetes, to such extent that the driving by the applicant of the vehicles to which the application relates would be a danger to the applicant or other road users.

Diseases of the Nervous System.

6.         (1)       In the case of an applicant for a licence to drive a vehicle of any category who suffers from -

(a)     encephalitis, multiple sclerosis, myasthenia gravis or hereditary diseases of the nervous system associated with progressive muscular atrophy and congenital myotonic disorders,

(b)     diseases of the peripheral nervous system, or

(c)     trauma of the central or peripheral nervous system,

fitness to drive shall be certified for a limited period only so as to ensure that the applicant remains under medical supervision.

Neurological disturbances associated with diseases or surgical intervention affecting the central or peripheral nervous system, which lead to sensory or motor deficiencies and affect balance and co-ordination, must be taken into account in relation to their functional effects and the risks of progression. In such cases and in the event of risk of deterioration, fitness to drive shall be for a limited period only.

(2)       In the case of an applicant for a licence to drive a vehicle of any category who suffers, or has suffered in the past, from epilepsy, fitness to drive -

(a)     may be certified for a limited period in relation to vehicles of category A1, A, B, EB, M or W, where the applicant -

(i)       has not suffered any epileptic attack during the 12 month period preceding the date of medical examination,

(ii)       has only had nocturnal seizures over a period of 2 years preceding the date of medical examination, and certification is by a consultant neurologist,

(iii)      has only had a single provoked seizure and such seizure was prior to the 6 month period preceding the date of medical examination, and certification is by a consultant neurologist, or

(iv)     has only had simple partial seizures where awareness is fully maintained at all times, and certification is by a consultant neurologist and

(b)     shall not be certified in relation to vehicles of category C1, C, D1, D EC1, EC, ED1, or ED.

(3)       In the case of an applicant for a licence to drive vehicles of Category A1, A B, EB, M or W who suffers from a cerebrovascular disease, fitness to drive may be certified -

(a)     provided that, where necessary, the controls of the vehicle to be driven are suitably rearranged or modified or a suitable special type of vehicle is used, and

(b)     for a limited period only so as to ensure that the applicant remains under medical supervision.

(4)       In the case of an applicant for a licence to drive vehicles of category A1, A, B EB, M or W who has suffered a lesion with damage to the spinal cord and resultant paraplegia, fitness to drive may be certified subject to the vehicle to be driven being fitted with special controls.

(5)       In the case of an applicant for a licence to drive vehicles of category C1, C D1, D, EC1, EC, ED1 or ED, fitness to drive shall not be certified where the applicant suffers, or has at any time suffered, from a cerebrovascular disease or a lesion with damage to the spinal cord and resultant paraplegia.

Mental Disorders

7.         (1)       In the case of an applicant for a licence to drive vehicles of category A1, A, B EB, M or W, the medical examination shall take due account of:-

(a)     severe mental disturbance, whether congenital or due to disease trauma or neurosurgical operation on the central nervous system,

(b)     severe mental retardation,

(c)     psychosis, which in particular has caused general paralysis; or

(d)     severe behavioural problems due to dementia; psychoneurosis; or personality defects or disorders leading to seriously impaired judgement, behaviour or adaptability.

If necessary, certification shall be for a limited period only.

(2)       In the case of an applicant for a licence to drive vehicles of category C1, C D1, D, EC1, EC, ED1 or ED who suffers from any of the disorders outlined in (1) above, the medical examination shall take due account of the additional risks and dangers involved in the driving of such vehicles.

Alcohol

8.         In the case of an applicant for a licence to drive vehicles of any category who suffers from or has suffered in the past from alcoholism, fitness to drive may be certified for a limited period only, so as to ensure that the applicant remains under medical supervision.

Drugs (prescription and illicit) and Medications

9.         (1)       Abuse:

In the case of an applicant for a licence to drive vehicles of any category, fitness to drive shall not be certified if the person concerned is dependent on psychotropic substances or, if the person is not dependent on such substances, regularly abuses them.

(2)       Regular Use:

(a)     In the case of an applicant for a licence to drive vehicles of category A1, A, B, EB, M or W, fitness to drive shall not be certified if the person concerned regularly uses psychotropic substances, in whatever form, which can hamper the ability to drive safely where the quantities absorbed are such as to have an adverse effect on driving. This shall apply to all other medications or combinations of medications which affect the ability to drive,

(b)     In the case of an applicant for a licence to drive vehicles of category C1, C, D1, D, EC1, EC, ED1 or ED who regularly uses psychotropic substances or medications, the medical examination shall take due account of the additional risks and dangers involved in the driving of such vehicles.

Diseases of the Blood

10.       In the case of an applicant for a licence to drive a vehicle of any category, special attention shall be paid to serious diseases of the blood.

Renal Disorders

11.       In the case of an applicant for a licence to drive vehicles of any category, fitness to drive shall not be certified where the applicant suffers from severe renal deficiency to such extent that the driving by the applicant of vehicles of the category to which the application relates would be a danger to the applicant or to other road users.

Miscellaneous provisions

12.       (1)       In the case of an applicant for a licence to drive vehicles of category A1, A, B EB, M or W who has had an organ transplant or an artificial implant which affects the ability to drive, fitness to drive may be certified subject to periodic medical review. Fitness to drive may also be certified in respect of such persons to drive vehicles of category C1, C, D1, D EC1, EC, ED1 or ED but due account should be taken of the additional risks and dangers involved in the driving of such vehicles.

(2)       As a general rule, where an applicant for a licence to drive a vehicle of any category suffers from any disorder not mentioned in subparagraph (1) above which gives rise to, or is likely to result in, a functional incapacity affecting safety at the wheel, the medical examination shall take due account of the risks and dangers involved in the driving of the vehicles in question and certification of fitness in such instances shall be subject to periodic medical review.

SCHEDULE 7

Regulation 41

Eyesight standards

(a)     The person shall have a binocular visual acuity (with corrective lenses where necessary) of not less than 0.5 when using both eyes together.

(b)     The horizontal field of vision of the person shall not be less than 150.

(c)     A person with sight in one eye shall have a visual acuity (with corrective lenses where necessary) of not less than 0.6, and unrestricted field of vision in the eye concerned and the monocular vision must have existed for sufficient time to allow adaptation.

(d)     When the wearing of corrective lenses is necessary for driving, this shall be recorded on the eyesight report.

 

GIVEN under my Official Seal,

19 October 2006.

 

MARTIN CULLEN

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Minister for Transport

Explanatory Note

These regulations restate the Road Traffic (Licensing of Drivers) Regulations 1999, as amended, with amendments as follows:-

•    a reference in the recital to section 2 of the Road Traffic Act 2006 which provides for the use of the power to make regulations contained in the Road Traffic Acts 1961 to 2006 to give effect to Acts of the European Communities in this case transposition of the EU Driver Licensing Directive

•    removal of the automatic entitlement to a category M moped licence where a car or truck or bus licence has been granted. A person who holds a driving licence for a car, truck or bus prior to the commencement date of the 21 October retains entitlement to a moped licence.

1 OJ L237, 24.08.1991, p.1

2 OJ L337, 24.12.1994, p.86

3 OJ L235, 17.09.1996, p.1

4 OJ L150, 07.06.1997, p.41

5 OJ L237, 21.09.2000, p.45