S.I. No. 264/2018 - European Communities (Road Vehicles: Entry into Service) (Amendment) Regulations 2018


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th July, 2018.

I, SHANE ROSS, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 20071 hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Road Vehicles: Entry into Service) (Amendment) Regulations 2018.

(2) These Regulations shall come into operation on 23 July 2018.

2. In these Regulations—

“prison” and “prisoner” have the meaning they have in section 2 of the Prisons Act 2007 (No. 10 of 2007);

“prisoner escort services” means services relating to—

(a) the transfer of prisoners from any place (including a prison) to a prison or from a prison to any place (including a prison),

(b) the detention in custody of prisoners in a prison in the course of their transfer from one prison to another prison,

(c) the detention in custody of prisoners in a place other than a prison, or

(d) the production of a prisoner to a court.

3. The European Communities (Road Vehicles: Entry into Service) Regulations 2009 (S.I. No. 157/2009) are amended—

(a) in Regulation 2(2)(a), by the substitution of “fire services, the Garda Síochána or prisoner escort services” for “fire services or the Garda Síochána”, and

(b) in Regulation 7 (as amended by Regulation 2(a) of the European Communities (Road Vehicles: Entry into Service) (Amendment) Regulations 2011 ( S.I. No. 420 of 2011 ))—

(i) in paragraph (2) by the substitution of “ before ceasing to be valid within the meaning of Regulation 16(1)(a) or 21(1)(a) of the European Communities (Road Vehicles: Type-approval) Regulations 2009 ( S.I. No. 158 of 2009 )” for “but subsequently lost its validity because an approval certificate in respect of a matter specified in Regulation 6(3) of a requirement in Regulation 6(4) ceased to be in force or, otherwise, new technical requirements against which the vehicle has not been approved have entered into force.”, and

(ii) by the substitution of the following for paragraph (3):

“(3) This Regulation applies only to a vehicle that is—

(a) in the territory of the European Union on the day its certificate of conformity ceases to be valid within the meaning of Regulation 16(1)(a) or 21(1)(a) of the European Communities (Road Vehicles: Type-approval) Regulations 2009, and

(b) accompanied by the certificate of conformity.”

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GIVEN under my Official Seal,

19 July 2018.

SHANE ROSS,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations amend the European Communities (Road Vehicles: Entry into Service) Regulations, 2009 by exempting vehicles used for prisoner escort services from vehicle registration requirements.

These Regulations also remove an incorrect reference to Regulation 6(4) of the European Communities (Road Vehicles: Entry into Service) Regulations and clarify the conditions in respect of the procedure for ‘End-of-Series’ vehicles.

1 OJ No. L 263, 9.10.2007, p.1.