S.I. No. 475/2022 - Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers (Amendment) Regulations 2022


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th September, 2022.

I, HILDEGARDE NAUGHTON, Minister of State at the Department of Transport, in exercise of the powers conferred on me by sections 9 , 11 (2), 16 (1) and 17 (6) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (No. 16 of 2012) (as adapted by the Transport, Tourism and Sport (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 351 of 2020 )), and the Transport (Delegation of Ministerial Functions) Order 2020 ( S.I. No. 759 of 2020 ), hereby make the following regulations:

1. (1) These Regulations may be cited as the Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers (Amendment) Regulations 2022.

(2) Regulation 2(b), insofar as it relates to Part 1C of Schedule 3 to the Principal Regulations, comes into operation on 19 March 2027.

(3) In these Regulations, “Principal Regulations” means the Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013 ( S.I. No. 107 of 2013 ).

2. The Principal Regulations are amended -

(a) in Regulation 6(1), by the deletion of “Part I of”,

(b) by the substitution of the following Regulation for Regulation 9:

“9. A person who is a CVR test operator shall ensure that proper, safe and suitable premises and facilities are provided for the purposes of the carrying out of CVR tests in accordance with Part 1 of Schedule 3 to these Regulations.”,

(c) in Regulation 10, by the substitution of the following paragraph for paragraph (1):

“(1) A person who is a CVR test operator shall ensure that test equipment used for CVR testing is as specified in Part 2 of Schedule 3 to these Regulations.”,

(d) by the substitution of the Schedule set out in Schedule 1 to these Regulations for Schedule 1 to those Regulations,

(e) by the substitution of the Schedule set out in Schedule 2 to these Regulations for Schedule 2 to those Regulations, and

(f) by the insertion of the Schedule set out in Schedule 3 to these Regulations after Schedule 2 to those Regulations.

Regulation 2(d)

SCHEDULE 1

New Schedule 1 to Principal Regulations

“SCHEDULE 1

Regulations 4, 5, 11 and 12

FORMS

PART 1

Part 1

Application for CVR test operator authorisation (new CVR testing centre)

This application is for an authorisation as a CVR test operator in respect of a new CVR testing centre in accordance with Section 9 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

1. APPLICANT DETAILS: LIMITED LIABILITY COMPANY

1.1 General details

Company name

Trading name (if different from above)

Registered address

Testing centre address

Company registration number

Phone number

Email address

1.2 Contact person in relation to this application

First name

Surname

Position

Phone number

Mobile phone number

Email address

1.3 Nature of business activity

Please indicate the nature of your business activity – tick all the boxes that apply.

Testing centre

Dealership

Licensed road haulage operator

Repair garage

Own-account haulage operator

Bus operator

Other

If Other, please specify:

1.4 Date of application

Enter the date on which you are making the application.

1.5 Number of company officers

Specify the number of company officers (directors and company secretary).

1.6 Previous experience

Is the company or any related company currently or previously the holder of authorisation as a CVR test operator?

Yes

No

If Yes, please provide the name and address of the testing centre.

Is any director of the company or the company secretary currently or previously the holder of authorisation as a CVR tester?

Yes

No

If Yes, please provide the name(s) and address(s) of such persons.

1.7 Company directors and company secretary

Please provide details of all directors and the company secretary.

First name

Surname

Position

Address

PPS number

Email address

Phone number

Mobile phone number

First name

Surname

Position

Address

PPS number

Email address

Phone number

Mobile phone number

First name

Surname

Position

Address

PPS number

Email address

Phone number

Mobile phone number

Provide additional copies of this page if necessary.

Additional page no.

2. APPLICANT DETAILS: INDIVIDUAL / SOLE TRADER

2.1 Personal details

First name

Surname

Trading name (if different from above)

Testing centre address

Date of birth

PPS number

Email address

Phone number

Mobile phone number

2.2 Nature of business activity

Please indicate the nature of your business activity – tick all the boxes that apply.

Repair garage

Dealership

Testing centre

Licensed road haulage operator

Own-account haulage operator

Bus operator

Other

If Other, please specify:

2.3 Date of application

Please enter the date on which you are making the application.

2.4 Previous experience

Are you currently or were you previously the holder of authorisation as a CVR tester?

Yes

No

If Yes, please provide the name and address of the testing centre.

Are you currently or were you previously the holder of authorisation as a CVR test operator?

Yes

No

If Yes, please provide the name and address of the testing centre.

3. APPLICANT DETAILS: UNINCORPORATED ASSOCIATION

3.1 General details

Name of partnership, cooperative, etc

Trading name (if different from above)

Testing centre address

Phone number

Email address

3.2 Contact person in relation to this application

First name

Surname

Position

Phone number

Mobile phone number

Email address

3.3 Nature of business activity

Please indicate the nature of your business activity – tick all the boxes that apply.

Repair garage

Dealership

Testing centre

Licensed road haulage operator

Own-account haulage operator

Bus operator

Other

If Other, please specify:

3.4 Date of application

Enter the date on which you are making the application.

3.5 Number of association officers

Specify the number of association officers (partners or members of the management committee).

3.6 Previous experience

Are you or any partner or member of your unincorporated association currently or previously the holder of authorisation as a CVR test operator?

Yes

No

If Yes, please provide the name and address of the testing centre.

Are you or any partner or member of your unincorporated association currently or previously the holder of authorisation as a CVR tester?

Yes

No

If Yes, please provide the name(s) and address(s) of such persons.

3.7 Partners or management members of the unincorporated association

Please provide details of all partners or (in the case of a cooperative or other unincorporated association) the secretary of the cooperative and all members of the committee of management.

First name

Surname

Position

Address

PPS number

Email address

Phone number

Mobile phone number

First name

Surname

Position

Address

PPS number

Email address

Phone number

Mobile phone number

First name

Surname

Position

Address

PPS number

Email address

Phone number

Mobile phone number

Provide additional copies of this page if necessary.

Additional page no.

4. THE PROPOSED CVR TESTING CENTRE TO WHICH THIS APPLICATION APPLIES

4.1 Planning details

Required documents and supporting information provided at the planning stage.

I have submitted a CVR testing centre plan including site plan

Date of approval by RSA:

I have received relevant Planning Permission from Local Authority

Planning no.

Date copy submitted to the RSA:

4.2 Authorisation being applied for:

Please tick the relevant box.

Heavy and Light Commercial Vehicles

Heavy and Light Commercial Vehicles and Tractors

4.3 Opening hours

Please indicate below the normal opening hours for the proposed CVR testing centre.

Opening Time

Closing Time

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

4.4 Person responsible for management

Please enter contact details of the person responsible for day-to-day management of the CVR testing centre. In the case of an individual/sole trader, this is the person who is making the application. Limited companies or unincorporated associations must nominate a person who has the appropriate level of responsibility to make decisions in relation to testing operations.

First name

Surname

Position

Address

Email address

Phone number

Mobile phone number

Attendance at training course

The person responsible for the day-to-day management of the CVR testing centre is required to undergo an initial CVR test operator training course and additional training as appropriate. These courses will be conducted by the nominated training provider. The RSA will be providing the nominated training provider with the contact details of the person named above regarding completion of this course.

4.5 Number of CVR testing lanes proposed at the testing centre

Number of Heavy Commercial Vehicle testing lanes

Number of Light Commercial Vehicle testing lanes

Note: a minimum of one testing lane is required for each CVR vehicle category HCV and LCV.

4.6 Number of anticipated tests

Please indicate the number of CVR tests that you expect to conduct at the proposed testing centre each year.

Heavy Commercial Vehicle

Light Commercial Vehicle

Tractor

4.7 Number of CVR testers

Please indicate the number of CVR testers that will be employed at the proposed testing centre to conduct Heavy Commercial Vehicle (HCV) and Light Commercial Vehicle (LCV) tests.

HCV only

LCV only

HCV and LCV

HCV and Tractor

HCV and LCV and Tractor

4.8 Quality assurance and performance monitoring

Tick this box to confirm that you will have quality control measures in place to deliver consistent CVR testing and that these are available for inspection.

4.9 Requirement to have ISO 9001 Certification

Please tick this box to confirm that you will provide a copy of your ISO 9001/CITA 9B Certification as soon as same is received, but in any event, within nine months of the commencement of your authorisation.

4.10 Hardware and software protection measures

Please tick this box to confirm that you will adhere to the required software and hardware protection measures.

4.11 Planning and building regulations

Tick this box to confirm that the testing centre complies with the requirements of the Planning and Development Acts and all applicable Building Regulations.

4.12 Health and safety legislation

Tick this box to confirm that your practices and procedures and premises conform with the requirements of the Safety, Health and Welfare at Work Acts 2005 to 2014 and applicable Regulations.

Have you ever been convicted of an offence under the Safety, Health and Welfare at Work Acts 2005 to 2014?

Yes

No

If the answer is Yes, please state the nature and the date of the conviction.

4.13 RSA CVRT branding guidelines

RSA CVRT branding guidelines are set out in the RSA’s Commercial Vehicle Roadworthiness Testing Brand Manual. This document is available on the RSA website at www.cvrt.ie

Tick this box to confirm that your testing centre shall comply with the RSA CVRT Branding Guidelines.

4.14 Recording of complaints

Tick this box to confirm that you have or will have, a system in place to record any complaints received by you in connection with the carrying out of CVR tests at your CVR testing centre.

Please provide details of the complaints handling procedures used or proposed to be used;

4.15 Conformance issues

Please explain (in writing) any issues that you may have regarding conformance with Sections 4.8 to 4.14.

4.16 Towing and storage services

Are you interested in providing towing and storage facilities for CVR vehicles that are detained or immobilised as a consequence of enforcement activities?

Yes

No

4.17 Names of proposed CVR testers

Please provide details of the CVR testers to be employed at the proposed CVR testing centre and tick the boxes to indicate the categories of vehicle they will test. In each case, tick the boxes to indicate that you have received proof that the proposed tester has completed the required initial or CPD training and is authorised as a CVR tester by the RSA.

Name of proposed CVR tester

To test HCVs

To test LCVs

Proof of CVR tester training received

Proof of CVR tester authorisation received

4.18 Conformance of the testing centre building with the Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013 (as amended, the “Regulations”) and the RSA’s Premises and Equipment Guidelines for CVR test operators.

Tick the boxes below to confirm that your testing centre building meets the requirements set out in Part 1 of Schedule 3 of the Regulations and the RSA’s Premises and Equipment Guidelines for CVR Test Operators. These documents are available on the RSA website at www.cvrt.ie

A CVR testing centre shall be a premises that:

(a)

is a permanent, immovable, enclosed and weatherproof facility with space to carry out CVR tests for the categories of CVR vehicles to be tested and which meets the applicable requirements;

(b)

has a hard concrete floor surface or equivalent flooring;

(c)

has suitable access and egress measures and parking facilities to accommodate vehicle movements to, from and within the CVR testing centre;

(d)

has reception and customer waiting areas conveniently located in the premises;

(e)

has toilet facilities within the premises for customers attending the premises for tests and accessible from the waiting area;

(f)

has suitable signage for the carrying out of CVR tests;

(g)

has test lanes for each of the categories of vehicles to be tested at the premises as authorised by the Authority;

(h)

has facilities for the storage of records, books and other documentation and computer equipment; and

(i)

a ventilation and fume extraction system in the test area of the premises.

4.19 Conformance of CVR testing centre lanes with minimum requirements

Tick the boxes below to confirm that the requirements have been met.

Item

Heavy Commercial Vehicle

Light Commercial Vehicle

Internal length of lane

30m

26m

Internal width of lane

7m

6m

Drive through test lane

Yes

Yes

Entrance & exit door height

5m

5m

Entrance & exit door width

4.25m

4.25m

Dedicated certified level floor area for the headlamp aim test

Yes

Yes

Internal headroom clearance

5m

5m

Inspection Pit length

Min 20m excluding steps

Not Applicable

Inspection Pit width at floor level

Between 1.0m and 1.2m

Not Applicable

Inspection Pit depth

Between 1.4m and 1.6m

Not Applicable

Vehicle Lift for underbody inspections

Not Applicable

Yes

Testing lanes separated fully from all other activities

Yes

Yes

Direct view of testing lanes from customer waiting area

Yes

Yes

4.20 Required CVR testing equipment

Tick the boxes to confirm that the test lanes intended for testing shall have the testing equipment required by Regulations and Guidelines issued by the Authority.

Yes

No

4.21 Authorisation fees and costs of repeated inspections

(a) The fee for authorisation for a new CVR test operator is €8,500 where there is one HCV and one LCV testing lane. The fee will be higher if the proposed testing centre has more than one HCV and one LCV test lane. The fee in respect of each such additional lane is €6,000. The Road Safety Authority will advise applicants of the prescribed fees payable at the time of making an offer of authorisation. The fee shall be paid to the RSA via the CVR fees ‘top up’ account.

Note: Any fees paid will not be refundable.

(b) In relation to CVR testing centre inspections, there are no costs chargeable to applicants for the initial or first subsequent inspection. However, costs are chargeable for second subsequent or further inspections that the RSA may conduct to establish that a CVR testing centre has the premises, facilities, equipment and testers necessary to enable tests to be carried out. The costs for repeated inspections shall be €200 per half day and or part thereof or €350 for a full day (being more than a half day).

5. FINANCIAL RESOURCES, TAX CLEARANCE AND INSURANCE REQUIREMENTS

5.1 Financial resources

Applicants are required to demonstrate that they have, or have the capacity to obtain, the necessary financial resources to provide CVR testing in respect of the authorisation being sought.

Applicants are required to submit financial statements as set out below. If the applicant is a subsidiary of a group, the information is required for both the subsidiary and the parent company. If the applicant is a partnership or association, the information is required for each member of the partnership or association.

If audited accounts are available: a copy of audited annual accounts in the name of the applicant that cover the last two years of trading or, if the applicant has been trading for less than two years, for the period of trading that is available.

If audited accounts are not available: a copy of unaudited annual accounts that cover the past two years of trading or, if the applicant has been trading for less than two years, for the period of trading that is available. If submitting unaudited accounts, you must also submit:

• An accountant’s letter stating that, to the best of their knowledge and based on the information provided to them, the accounts are a fair representation of the financial position of the applicant; and

• A letter from your bank confirming that you have the necessary financial resources.

In either case, a cash flow projection showing the timing and level of investment required for the testing business. This must be accompanied by an accountant’s letter stating that, to the best of their knowledge and based on the information provided to them, in their opinion the applicant has the resources in place to provide testing under the authorisation being sought.

Tick this box to confirm that you have submitted the financial documents requested above.

5.2 Tax clearance

Applicants are required to demonstrate that they are tax compliant at the time of making this application. This requirement can be fulfilled by providing your PPSN/Tax Reference Number and your Tax Clearance Access Number which can be printed from the Revenue Online Service (ROS) (Tax Clearance Application Result section).

Tick this box to confirm that you have submitted the details necessary to demonstrate tax compliance.

5.3 Insurance cover

Applicants are required to submit a letter from their insurance company (not their broker) specifying the level of insurance cover held for public liability and professional liability. This cover should meet the requirements set out in the RSA’s Premises and Equipment Guidelines for CVR test Operators, which is available on the RSA website at www.cvrt.ie The RSA will seek confirmation that you satisfy the minimum requirements for insurance cover.

Tick this box to confirm that you have submitted the insurance letter requested above.

Note: The Road Safety Authority reserves the right to seek additional information from you regarding your financial resources and insurance cover.

6. REFUSALS, SUSPENSIONS AND DIRECTION NOTICES

Were you or any officer of your company or any partner or member of your association ever refused an application for authorisation as a CVR test operator?

Yes

No

If Yes, please provide details of dates and reason(s) for refusal.

Were you or any officer of your company or any partner or member of your association ever refused an application for authorisation as a CVR tester?

Yes

No

If Yes, please provide details of dates and reason(s) for refusal.

Have you or any officer of your company or any partner or member of your association ever been suspended by the Road Safety Authority from holding an authorisation as a CVR test operator?

Yes

No

If Yes, please provide details of dates, requirements to be complied with and action taken.

Have you or any officer of your company or any partner or member of your association ever been suspended by the Road Safety Authority from holding an authorisation as a CVR tester?

Yes

No

If Yes, please provide details of dates, requirements to be complied with and action taken.

Have you or any officer of your company or any partner or member of your association ever been issued with a Direction Notice by the Road Safety Authority as a CVR test operator?

Yes

No

If Yes, please provide details of dates, requirements to be complied with and action taken.

Have you or any officer of your company or any partner or member of your association ever been issued with a Direction Notice by the Road Safety Authority as a CVR tester?

Yes

No

If Yes, please provide details of dates, requirements to be complied with and action taken.

7. FIT AND PROPER PERSON REQUIREMENT

The Road Safety Authority must be satisfied that applicants are ‘fit and proper persons’ to be CVR test operators.

7.1 Notification of specified offences

In applying for authorisation as a CVR test operator, the applicant(s) or, in the case of a company, each director and the company secretary, or, in the case of an unincorporated association, each partner or member of the committee of management must notify the Road Safety Authority if he or she has been convicted in the State or in any other jurisdiction of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 .

Have you (as a sole trader) or any director or the company secretary of your company or any partner or member of the committee of management of your unincorporated association ever been convicted of an offence specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 ?

Yes

No

If yes, enclose with your application a Conviction Notification Form completed by each person convicted, in respect of each specified offence of which they were convicted (see CVR test operator Conviction Notification Form available on the Authority’s website www.cvrt.ie)

WARNING: Failure to notify the Road Safety Authority of such a conviction or providing information to the Authority knowing it to be false or misleading is a criminal offence and may result in the Road Safety Authority determining that you are not a fit and proper person to hold an authorisation and the refusal of the application.

8. DECLARATION

I/We wish to apply for authorisation as a CVR test operator.

I/We hereby declare that the information furnished in this application is complete, true and accurate.

I/We consent to the Authority verifying the accuracy of any information furnished in this application.

I/We confirm that that I/we have or have the capacity to obtain the necessary financial resources to provide CVR testing under the authorisation applied for.

I/We hereby confirm that I/we will notify any changes to any details in this application to the Authority during the application process (for example, change of address, change in financial status, changes to directors or the secretary of the company, or changes to partners or members of the committee of management in the case of an unincorporated association or any other changes that might affect the authorisation. This notification will be made within five days of the occurrence of the change.

I/We confirm that I/we will (during the period of authorisation) notify the Road Safety Authority if I am/we are convicted of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 within 28 days of the expiry of the time allowed for appealing such conviction or the determination or withdrawal of the appeal of such conviction.

Who must sign

• For an application from an individual / sole trader: the individual must sign.

• For an application from a company: each director and the company secretary must sign.

• For an application from an unincorporated association: each partner or member of the committee of management must sign.

First name

Surname

Position

Signature

Provide additional copies of this page if necessary.

Additional page no.

Part 1

Application for amendment of authorisation - CVR test operator

This application is for the amendment of authorisation as a CVR test operator in accordance with Section 14 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

1. THE CVR TEST OPERATOR

Name of CVR test operator

Trading name (if different from above)

Testing centre address

Authorisation number

Contact person

Email address

Phone number

Mobile phone number

2. AMENDMENT TO CVR TEST OPERATOR AUTHORISATION

Please complete the appropriate box(es) below regarding the amendment(s) required to your authorisation.

2.1 I wish to amend my authorisation by adding the following categories of CVR vehicles:

Please indicate the CVR vehicle category you wish to add to your Authorisation?

HCV □

LCV □

Date of application:

2.2 I wish to amend my authorisation by adding CVR testing lane(s):

Enter the number of testing lane(s) you wish to add to your CVR testing centre

For HCVs

For LCVs

Note details on planning and building regulations for this application are collected in 3.4 below.

Date of application:

Note: There is a prescribed fee of €6,000 for each additional lane. The prescribed fee is payable upon acceptance of an offer of authorisation. The fee shall be paid to the RSA via the CVR fees ‘top up’ account.

2.3 I wish to amend my authorisation by adding ADR and/or Tractor testing:

Tick this box if you wish to add ADR testing to your Authorisation.

Tick this box to indicate if you wish to add Tractor testing to your authorisation.

Date of application:

Note: There is a prescribed fee of €500 to add ADR testing. The prescribed fee is payable upon acceptance of an offer of authorisation. The fee shall be paid to the RSA via the CVR fees ‘top up’ account.

2.4 I wish to amend my authorisation by relocating to a new CVR testing premises.

Tick box and provide the proposed location of new CVR testing premises below

Note details on planning and building regulations for this application are collected in 3.4 below.

Date of application:

Note: You shall reimburse to the Authority any costs incurred by the Authority in reconnecting the CVR testing centre to the CVR information system following the suspension of an authorisation.

2.5 Fees and costs for amendment of an authorisation

(a) The fees for the amendment of an authorisation as a CVR test operator will depend on the amendment(s) being sought as set out above. The prescribed fee is payable upon acceptance of an offer of authorisation. The fee shall be paid to the RSA via the CVR fees ‘top up’ account.

Note: Any fees paid will not be refundable.

(b) In relation to CVR testing centre inspections, there are no costs chargeable to applicants for the initial or first subsequent inspection. However, costs are chargeable for second subsequent or further inspections that the RSA may conduct to establish that a CVR testing centre has the premises, facilities, equipment and testers necessary to enable tests to be carried out. The costs for repeated inspections shall be €200 per half day and or part thereof or €350 for a full day (being more than a half day).

3. THE CVR TESTING CENTRE TO WHICH THIS APPLICATION APPLIES

3.1 Opening hours

Please indicate below the normal opening hours for the CVR testing centre.

Opening Time

Closing Time

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

3.2 Number of anticipated tests

Please indicate the number of CVR tests that you anticipate will be conducted on an annual basis.

Heavy Commercial Vehicle

Light Commercial Vehicle

ADR

Tractor

3.3 Quality assurance and performance monitoring

Tick this box to confirm that you have quality control measures in place to deliver consistent CVR testing and that these are available for inspection.

3.3 (a) ISO 9001 Certification

You must be the holder of ISO 9001 incorporating the requirements of CITA Recommendation 9B.

Tick this box to confirm that you hold ISO 9001/CITA 9B Certification.

3.3 (b) Software and hardware protection measures

Please tick this box to confirm that you will adhere to the required software and hardware protection measures.

3.4 Planning and building regulations

I have submitted a CVR testing centre plan including site plan

Date of approval by RSA:

I have received relevant Planning Permission from Local Authority

Planning no.

Date copy submitted to the RSA:

3.4 (a) Planning and Development Acts

Tick this box to confirm that the testing centre complies with the requirements of the Planning and Development Acts and all applicable building regulations.

3.5 Health and safety legislation

Tick this box to confirm that your practices and procedures and premises conform with the requirements of the Safety, Health and Welfare at Work Acts 2005 to 2014 and applicable regulations.

Have you ever been convicted of an offence under the Safety, Health and Welfare at Work Acts 2005 to 2014?

Yes

No

If the answer is Yes, please state:

Date of conviction

Nature of conviction

3.6 RSA CVRT branding guidelines

RSA CVRT branding guidelines are set out in the RSA’s Commercial Vehicle Roadworthiness Testing Brand Manual. This document is available on the RSA website at www.cvrt.ie

Tick this box to confirm that your testing centre complies with or shall comply with the RSA CVRT Branding Guidelines.

3.7 Recording of complaints

Tick this box to confirm that you have a system in place to record any complaints received by you in connection with the carrying out of CVR tests at your CVR testing centre.

Please provide details of your system for handling complaints.

3.8 Conformance issues

Please explain (in writing) any issues that you may have regarding conformance with Sections 3.3 to 3.7.

3.9 CVR testers

Please provide details of the CVR testers employed or to be employed at the CVR testing centre and tick the boxes to indicate the types of vehicles they are authorised to test.

Name of CVR tester

HCV

LCV

ADR

Tractor

3.10 Conformance of the testing centre building

Conformance of the testing centre building with the Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013 (as amended, the “Regulations”) and the RSA’s Premises and Equipment Guidelines for CVR test operators.

Tick the boxes below to confirm that your testing centre building meets the requirements set out in Part 1 of Schedule 3 of the Regulations and the RSA’s Premises and Equipment Guidelines for CVR Test Operators. These documents are available on the RSA website at www.cvrt.ie

A CVR testing centre shall be a premises that:

(a)

is a permanent, immovable, enclosed and weatherproof facility with space to carry out CVR tests for the categories of CVR vehicles to be tested and which meets the applicable requirements.

(b)

has a hard concrete floor surface or equivalent flooring;

(c)

has suitable access and egress measures and parking facilities to accommodate vehicle movements to, from and within the CVR testing centre;

(d)

has reception and customer waiting areas conveniently located in the premises;

(e)

has toilet facilities within the premises for customers attending the premises for tests and accessible from the waiting area;

(f)

has suitable signage for the carrying out of CVR tests;

(g)

has test lanes for each of the categories of vehicles to be tested at the premises as authorised by the Authority;

(h)

has facilities for the storage of records, books and other documentation and computer equipment; and

(i)

a ventilation and fume extraction system in the test area of the premises.

3.11 Premises and Facilities

Tick the boxes to confirm that the premises and facilities intended for testing shall meet the standards required by regulations and guidelines issued by the Authority.

Yes

No

3.12 Required CVR testing equipment

Tick the boxes to confirm that the test lanes intended for testing shall have the testing equipment required by regulations and guidelines issued by the Authority.

Yes

No

4. ADDING ADR AND/OR TRACTOR AUTHORISATIONS

This section must be completed by applicants seeking to add ADR and/or Tractor testing to their authorisation. If you are not seeking to add ADR or Tractor testing to your authorisation, you do not need to complete this section.

4.1 ADR Testers

Tick this box to confirm that you have tester(s) who are authorised to carry out ADR tests.

If you do not currently have authorised ADR testers, the persons you propose to engage as ADR testers must apply for authorisation. (Contact the RSA for the required form).

ADR Risk assessment

Tick this box to confirm that a risk assessment of the suitability of the premises for carrying out inspections of ADR vehicles has been carried out by an independent and competent risk assessor.

The risk assessment report must be submitted with your application.

Tick this box to confirm that all recommendations resulting from the risk assessment have been implemented.

4.2 Tractor Testers

Tick this box to confirm that you have tester(s) who are authorised to carry out Tractor tests.

If you do not currently have authorised Tractor testers, the persons you propose to engage as Tractor testers must apply for authorisation. (Contact the RSA for the required form).

5. FINANCIAL RESOURCES, TAX CLEARANCE AND INSURANCE REQUIREMENTS

5.1 Financial resources

Applicants are required to provide an accountant’s letter stating that, to the best of their knowledge and based on the information provided to them, that applicants have the necessary financial resources to provide CVR testing in respect of the authorisation being sought.

Tick this box to confirm that you have submitted the accountant’s letter requested above.

5.2 Tax clearance

Applicants are required to demonstrate that they are tax compliant at the time of making this application. This requirement can be fulfilled by providing your PPSN/Tax Reference Number and your Tax Clearance Access Number which can be printed from the Revenue Online Service (ROS) (Tax Clearance Application Result section).

Tick this box to confirm that you have submitted the details necessary to demonstrate tax compliance.

5.3 Insurance

Applicants are required to submit a letter from their insurance company (not their broker) specifying the level of insurance cover held for public liability and professional liability. This cover should meet the requirements set out in the RSA’s Premises and Equipment Guidelines for CVR Test Operators, which is available on the RSA website at www.cvrt.ie The RSA will seek confirmation that you satisfy the minimum requirements for insurance cover.

Tick this box to confirm that you have submitted the insurance letter requested above.

Note: The Road Safety Authority reserves the right to seek additional information from you regarding your financial resources and insurance cover.

6. FIT AND PROPER PERSON REQUIREMENT

The Road Safety Authority must be satisfied that applicants are ‘fit and proper persons’ to be CVR test operators.

6.1 Notification of specified offences

In applying for an amendment to your authorisation as a CVR test operator, the applicant(s) or, in the case of a company, each director and the company secretary, or, in the case of an unincorporated association, each partner or member of the committee of management must notify the Road Safety Authority if he or she has been convicted in the State or in any other jurisdiction of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 .

Have you (as a sole trader) or any director or the company secretary of your company or any partner or member of the committee of management of your unincorporated association ever been convicted of an offence specified in Section 12(1) of the 2012 Act?

Yes

No

If yes, enclose with your application a Conviction Notification Form completed by each person convicted, in respect of each specified offence of which they were convicted (see CVR test operator Conviction Notification Form available on www.cvrt.ie)

WARNING: Failure to notify the Road Safety Authority of such a conviction or providing information to the Authority knowing it to be false or misleading is a criminal offence and may result in the Road Safety Authority determining that you are not a fit and proper person to hold an authorisation and the refusal of the application.

7. DECLARATION

I/We wish to apply for an amendment to my/our authorisation as a CVR test operator.

I/We hereby declare that the information furnished in this application is complete, true and accurate.

I/We consent to the Authority verifying the accuracy of any information furnished in this application.

I/We confirm that that I/we have or have the capacity to obtain the necessary financial resources to provide CVR testing under the authorisation applied for.

I/We hereby confirm that I/we will notify any changes to any details in this application to the Authority during the application process (for example, change of address, change in financial status, changes to directors or the secretary of the company, or changes to partners or members of the committee of management in the case of an unincorporated association or any other changes that might affect the authorisation). I/we confirm that notification shall be made within five days.

I/We confirm that I/we will (during the period of authorisation) notify the Road Safety Authority if I am/we are convicted of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 within 28 days of the expiry of the time allowed for appealing such conviction or the determination or withdrawal of the appeal of such conviction.

Who must sign

• For an application from an individual / sole trader: the individual must sign.

• For an application from a company: each director and the company secretary must sign.

• For an application from an unincorporated association: each partner or member of the committee of management must sign.

First name

Surname

Position

Signature

Provide additional copies of this page if necessary.

Additional page no.

Part 1

Application for renewal of authorisation - CVR test operator

This application is for the renewal of authorisation as a CVR test operator in accordance with Section 15 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

1. APPLICANT DETAILS

1.1 General details

Name of CVR test operator

Trading name (if different from above)

Testing centre address

Authorisation number

Contact person

Email address

Phone number

Mobile phone number

1.2 Nature of business activity

Please indicate the nature of your business activity – tick all the boxes that apply.

Testing centre

Dealership

Licensed road haulage operator

Repair garage

Own-account haulage operator

Bus operator

Other

If Other, please specify:

2. LIMITED LIABILITY COMPANY – NUMBER OF COMPANY OFFICERS

Specify the number of company officers (directors and company secretary).

2.1 Limited Liability Company - Company directors and company secretary

Please provide details of all directors and the company secretary.

Name

Position

Address

PPS number

Email address

Phone number

Mobile phone number

Name

Position

Address

PPS number

Email address

Phone number

Mobile phone number

Name

Position

Address

PPS number

Email address

Phone number

Mobile phone number

Provide additional copies of this page if necessary.

Additional page no.

3. UNINCORPORATED ASSOCIATION/PARTNERSHIP – NUMBER OF ASSOCIATION OFFICERS

Specify the number of association officers (partners or members of the management committee).

3.1 Partners or management members of the unincorporated association

Please provide details of all partners or (in the case of a cooperative or other unincorporated association) the secretary of the cooperative and all members of the committee of management.

Name

Position

Address

PPS number

Email address

Phone number

Mobile phone number

Name

Position

Address

PPS number

Email address

Phone number

Mobile phone number

Name

Position

Address

PPS number

Email address

Phone number

Mobile phone number

Provide additional copies of this page if necessary.

Additional page no.

4. THE CVR TESTING CENTRE TO WHICH THIS APPLICATION APPLIES

4.1 Details of the Authorisation being renewed:

Please tick the appropriate box(es) below to indicate the categories the testing centre is currently authorised to test.

Heavy Commercial Vehicle

Light Commercial Vehicle

Tractor

ADR*

* Test Centres seeking to renew ADR Authorisation are required to complete and submit the ADR justification document available on www.cvrt.ie with this application.

4.2 Opening hours

Please indicate below the normal opening hours for the CVR testing centre.

Opening Time

Closing Time

Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

4.3 Person responsible for management

Please enter contact details of the person responsible for day-to-day management of the CVR testing centre.

Name

Position

Email address

Phone number

Mobile phone number

4.4 (a) Person responsible for dealing with this application for renewal of authorisation

Name

Position

Email address

Phone number

Mobile phone number

4.4 (b) Date of application

Enter the date on which you are making this application

Please note an application to renew an authorisation may be made at any time up to 12 months prior to its expiry or revocation.

4.4 (c) Date of expiry of your current authorisation

Enter the date on which your existing authorisation will expire.

A renewal of an authorisation under this section shall commence immediately upon the expiration of the authorisation of which it is a renewal.

4.5 CVR testing lanes currently at the testing centre

Number of Heavy Commercial Vehicle testing lanes

Number of Light Commercial Vehicle testing lanes

4.6 Quality assurance and performance monitoring

Tick this box to confirm that you have quality control measures in place to deliver consistent CVR testing and that these are available for inspection.

4.7 ISO 9001 Certification

It is a requirement of the renewal of your authorisation that you must be the holder of ISO 9001 incorporating the requirements of CITA Recommendation 9B.

Tick this box to confirm that you hold ISO 9001/CITA 9B Certification.

4.8 Hardware and software protection measures

Please tick this box to confirm that you will adhere to the required software and hardware protection measures.

4.9 Planning and building regulations

I have received relevant Planning Permission from Local Authority □

Planning no.

Date submitted to the RSA:

Tick the box if not applicable

4.10 Complies with Planning and Development Acts

Tick this box to confirm that the testing centre complies with the requirements of the Planning and Development Acts and all applicable Building Regulations.

4.11 Health and safety legislation

Tick this box to confirm that your practices and procedures and premises conform with the requirements of the Safety, Health and Welfare at Work Acts 2005 to 2014 and applicable Regulations.

Have you ever been convicted of an offence under the Safety, Health and Welfare at Work Acts 2005 to 2014?

Yes

No

If the answer is Yes, please state the nature and the date of the conviction.

4.12 Recording of complaints

Tick this box to confirm that you have a system in place to record any complaints received by you in connection with the carrying out of CVR tests at your CVR testing centre.

Please provide details of your system for handling complaints.

4.13 Towing and storage services

Are you interested in providing towing and storage facilities for CVR vehicles that are detained or immobilised as a consequence of enforcement activities?

Yes

No

4.14 Names of existing/proposed CVR testers

Please provide details of the CVR testers employed at the CVR testing centre and tick the boxes to indicate the types of vehicle that they are authorised to test.

Name of CVR tester

HCV

LCV

ADR

Tractor

4.15 Conformance of the testing centre with the Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013 (as amended, the “Regulations”) and the RSA’s Premises and Equipment Guidelines for CVR test operators.

Tick the boxes below to confirm that your testing centre meets the requirements set out in Part 1 of Schedule 3 of the Regulations and the RSA’s Premises and Equipment Guidelines for CVR Test Operators. These documents are available on the RSA website at www.cvrt.ie

A CVR testing centre shall be a premises that:

(a)

is a permanent, immovable, enclosed and weatherproof facility with space to carry out CVR tests for the categories of CVR vehicles to be tested and which meets the applicable requirements in Section 4.16 below;

(b)

has a hard concrete floor surface or equivalent flooring;

(c)

has suitable access and egress measures and parking facilities to accommodate vehicle movements to, from and within the CVR testing centre;

(d)

has reception and customer waiting areas conveniently located in the premises;

(e)

has toilet facilities within the premises for customers attending the premises for tests and accessible from the waiting area;

(f)

has suitable CVRT signage as per the RSA guidelines for the carrying out of CVR tests;

(g)

has test lanes for each of the categories of vehicles to be tested at the premises as authorised by the Authority;

(h)

has facilities for the storage of records, books and other documentation and computer equipment; and

(i)

a ventilation and fume extraction system in the test area of the premises.

4.16 CVR Premises and Facilities – CVR testing lanes

My currently authorised lane(s) shall meet the standards set out in Part 1 C of Schedule 3 and Guidelines at least three months before the expiry of my current authorisation.

Yes

No*

*Applicants whose lanes do not meet this standard may be authorised until 18/03/2027.

Please provide details each of your testing lane(s) - use one row to describe each lane

Testing Lane Name

Enter the unique lane name recorded on the CoVIS system.

Enter details regarding each lane below from the list:

- Lane shall remain unchanged

- Works planned or in progress

- To be decommissioned and replaced with New Lane

- Other

New Lane(s) to replace decommissioned lane(s)

If you are planning to decommission a currently authorised lane and replace it with a new lane, the new lane must meet the standards set out in Part 1 B of Schedule 3. Please select not applicable (N/A) if this does not apply to you.

My new testing lane(s) shall meet the minimum standards set out in Part 1 B of Schedule 3 and Guidelines at least three months before the expiry of my current authorisation.

Yes

N/A

4.17 CVR testing equipment

Tick the boxes to confirm that the testing equipment intended for testing shall comply with the testing equipment regulations and guidelines issued by the Authority.

Yes

No

4.18 RSA CVRT branding guidelines

RSA CVRT branding guidelines are set out in the RSA’s Commercial Vehicle Roadworthiness Testing Brand Manual. This document is available on the RSA website at www.cvrt.ie

Tick this box to confirm that your testing centre shall comply with the RSA CVRT Branding Guidelines.

4.19 Conformance issues

Please explain (in writing) any issues that you may have regarding conformance with Sections 4.6 to 4.18.

4.20 Authorisation Fees and costs of repeated inspections

(a) The fee for the renewal of authorisation as a CVR test operator is €500.

The prescribed fee is payable upon acceptance of an offer of authorisation. The fee shall be paid to the RSA via the CVR fees ‘top up’ account. Note: Any fees paid will not be refundable.

(b) In relation to CVR testing centre inspections, there are no costs chargeable to applicants for the initial or first subsequent inspection. However, costs are chargeable for second subsequent or further inspections that the RSA may conduct to establish that a CVR testing centre has the premises, facilities, equipment and testers necessary to enable tests to be carried out. The costs for repeated inspections shall be €200 per half day and or part thereof or €350 for a full day (being more than a half day).

5. FINANCIAL RESOURCES AND TAX CLEARANCE REQUIREMENTS

5.1 Financial resources

Applicants are required to provide an accountant’s letter stating that, to the best of their knowledge and based on the information provided to them, that applicants have the necessary financial resources to provide CVR testing in respect of the authorisation being sought.

Note: The Road Safety Authority reserves the right to seek additional information from you regarding your financial resources.

5.2 Tax clearance

Applicants are required to demonstrate that they are tax compliant at the time of making this application. This requirement can be fulfilled by providing your PPSN/Tax Reference Number and your Tax Clearance Access Number which can be printed from the Revenue Online Service (ROS) (Tax Clearance Application Result section).

6. FIT AND PROPER PERSON REQUIREMENT

The Road Safety Authority must be satisfied that applicants are ‘fit and proper persons’ to be CVR test operators.

6.1 Notification of specified offences

In applying for renewal of authorisation as a CVR test operator, the applicant(s) or, in the case of a company, each director and the company secretary, or, in the case of an unincorporated association, each partner or member of the committee of management must notify the Road Safety Authority if he or she has been convicted in the State or in any other jurisdiction of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 .

Have you (as a sole trader) or any director or the company secretary of your company or any partner or member of the committee of management of your unincorporated association ever been convicted of an offence specified in Section 12(1) of the 2012 Act?

Yes

No

If yes, enclose with your application a Conviction Notification Form completed by each person convicted, in respect of each specified offence of which they were convicted (see CVR test operator Conviction Notification Form available on www.cvrt.ie ).

WARNING: Failure to notify the Road Safety Authority of such a conviction or providing information to the Authority knowing it to be false or misleading is a criminal offence and may result in the Road Safety Authority determining that you are not a fit and proper person to hold an authorisation and the refusal of the application.

7. SUSPENSIONS AND DIRECTION NOTICES

Has the authorised CVR test operator to whom this application to renew applies been issued with Direction Notices by the Road Safety Authority at any time during the current period of authorisation?

Yes

No

If Yes, please provide the number of directions issued during your current authorisation period.

Has the authorised CVR test operator to whom this application to renew applies been suspended by the Road Safety Authority at any time during the current period of authorisation?

Yes

No

If Yes, please provide details of dates, requirements to be complied with and action taken.

8. DECLARATION

I/We wish to apply for renewal of authorisation as a CVR test operator.

I/We hereby declare that the information furnished in this application is complete, true and accurate.

I/We consent to the Authority verifying the accuracy of any information furnished in this application.

I/We confirm that that I/we have or have the capacity to obtain the necessary financial resources to provide CVR testing under the authorisation applied for.

I/We hereby confirm that I/we will notify any changes to any details in this renewal application to the Authority during the application process (for example, change of address, change in financial status of the CVR test operator, changes to directors or the secretary of the company, or partners (in the case of a partnership) or any other changes that might affect the authorisation.

I/We confirm that I/we will (during the period of authorisation) notify the Road Safety Authority if I am/we are convicted of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 within 28 days of the expiry of the time allowed for appealing such conviction or the determination or withdrawal of the appeal of such conviction.

Who must sign

• Limited Liability Company: each director and the company secretary must sign

• For an application from an individual / sole trader: the individual must sign.

• For an application from an unincorporated association: each partner or member of the committee of management must sign.

First name

Surname

Position

Signature

Provide additional copies of this page if necessary.

Additional page no.

Part 2

Authorisation of a CVR test operator

Authorisation Number:

Section 1 — Authorisation

1. Authorisation

1.1 Pursuant to sections 9 and 11 of the Act of 2012 and the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Conferral of Functions) Order 2013, the Authority hereby authorises [name of applicant]:

(a) to be a CVR test operator;

(b) from the date of this authorisation until, unless otherwise suspended or revoked by the Authority or surrendered by you, [expiry date];

(c) to carry out, or cause to be carried out, CVR tests and issue pass statements in respect of the following categories of CVR vehicles:

(i) Heavy Commercial Vehicles (HCVs)

(ii) Light Commercial Vehicles (LCVs)

(iii) Tractor Vehicles

(References to categories of CVR vehicles to be tested in these conditions of authorisation to be included based on the authorisation held).

(d) to carry out, or cause to be carried out, ADR tests in respect of ADR vehicles; (References to ADR testing in these conditions of authorisation to be deleted if the authorisation holder is not authorised to carry out ADR tests).

(e) to carry out, or cause to be carried out, CVR tests and ADR tests at the following CVR testing centre:

[insert details of CVR testing centre].

1.2 This authorisation may not be assigned or otherwise transferred to any other person other than in accordance with paragraphs 19B and 19C of section 2 (Conditions of Authorisation).

Date:

Deciding Officer

duly authorised on behalf of

ROAD SAFETY AUTHORITY

Section 2 — Conditions of Authorisation

1. Definitions and interpretation

1.1 Terms and expressions used in this authorisation and not otherwise defined in this authorisation shall have the meaning given to them in the Act of 2012.

1.2 In this authorisation:

“Act of 2012” means the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 , as amended;

“ADR Enactments” means the ADR Agreement, as amended, together with any enactment relating to, or prescribing requirements in connection with, the technical examination of ADR vehicles and the regulation of such testing;

“CVR authorisation regulations” means the Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013, as amended;

“CVR testing centre” means the CVR testing centre specified in paragraph 1.1(e) of Section 1 (Authorisation);

“CVR testing regulations” means the Commercial Vehicle Roadworthiness (Vehicle Testing) Regulations 2013 together with the Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations 2013, as amended;

“CVR vehicle maintenance regulations” means the Road Safety Authority Commercial Vehicle Roadworthiness) (Vehicle Maintenance and Repair) Regulations 2013, as amended;

“Data Protection Law” means the General Data Protection Regulation (GDPR) and the Data Protection Acts 1988 to 2018;

“NCT regulations” means Road Traffic (National Car Test) Regulations 2017 (No. 415 of 2017), as amended;

“specified offence” means an offence specified in section 12(1) of the Act of 2012.

1.3 Unless a contrary indication appears, a reference in this authorisation to a provision of law is a reference to that provision as amended, substituted or re-enacted.

1.4 Section, Clause and Schedule headings are for ease of reference only.

2. General condition of authorisation

You shall comply with:

(a) Part 2 of the Act of 2012, including any directions issued by an authorised officer or CVR inspector under Part 2 thereof,

(b) any regulations made under Part 2 of the Act of 2012,

(c) any guidelines issued by the Authority under section 38 of the Act of 2012,

(d) in relation to ADR tests, the ADR Enactments and

(e) these Conditions of Authorisation including special conditions relating to the matters contemplated by paragraph 3 to 20 of the CVR test operator concerning premises, facilities and equipment, records, towage and storage.

3. Notice to be given to the Authority prior to the commencement of CVR testing

You shall give not less than one days’ notice in writing to the Authority of your intention to commence CVR testing at the CVR testing centre.

4. CVR testers

4.1 You shall, for the purposes of carrying out CVR tests and ADR tests:

(a) only employ or engage CVR testers who are authorised to carry out CVR tests of the categories of vehicles specified in paragraph 1(c) of Section 1 (Authorisation);

(b) in relation to ADR tests, only employ or engage CVR testers who are authorised to carry out ADR tests; and

(c) ensure that each CVR tester employed or engaged by you only carries out CVR tests and/or ADR tests on those categories of vehicles for which he or she is authorised to carry out CVR tests and/or ADR tests.

4.2 You shall take all reasonable steps to ensure that a person who is unwell or under the influence of an intoxicant (including alcohol or drugs or a combination of both alcohol and drugs) to the extent that he or she is in such a state as to endanger his or her own safety, health or welfare at work or that of any other person, does not carry out CVR tests or ADR tests at the CVR testing centre.

4.3 You shall notify the Authority in writing of any changes to the employment of authorised CVR testers not later than 5 working days after such changes taking effect.

4A. CVR testing centre premises and facilities

4A.1 You shall for the purposes of carrying out CVR tests and ADR tests continue to provide a CVR testing centre specified in paragraph 1.1 (e) of Section 1 which meets the standards set out in Part 1 of Schedule 3 of the CVR authorisation regulations.

4A.2 You shall ensure that the premises and facilities authorised under paragraph 4A.1 are not altered without the prior written approval of the Authority.

4A.3 You shall provide:

(a) test lanes for each of the categories of vehicles to be tested at the premises,

(b) facilities for the storage of records, books and other documentation and computer equipment,

(c) a ventilation and fume extraction system in the test area of the premises,

(d) suitably furnished and equipped premises for operations at the CVR testing centre, and

(e) implemented measures to prevent unauthorised access to the test area of the premises.

4A.4 You shall ensure that the CVR test lanes authorised for CVR testing are only used for such purpose, other than:

(a) where the premises is approved by the National Standards Authority of Ireland as a workshop for the installation, checking, inspection calibration and repair of tachograph equipment;

(b) where the premises is approved by the National Standards Authority of Ireland to undertake authorisation plating or the calibration of speed limiters on CVR vehicles;

(c) to make a headlamp aim adjustment or to replace a headlamp bulb on a CVR vehicle during the course of a CVR test;

(d) where the premises is being used for the purpose of routine vehicle safety inspections in connection with the CVR vehicle maintenance regulations; or

(e) where the premises is being used for the purposes of an inspection connected with a test carried out in accordance with the NCT regulations.

4A.5 You shall ensure that a fully dimensioned drawing of the premises is available for inspection.

4B. CVR testing equipment

4B.1 You shall for the purposes of carrying out CVR tests and ADR tests ensure that test equipment used for CVR testing is as specified in Part 2 of Schedule 3 of the CVR authorisation regulations and guidelines issued by the Authority.

4B.2 You shall ensure that any proposed changes to the test equipment in accordance with paragraph 4B.1 are approved in advance by the Authority.

5. Connectivity to CVR information system

5.1 You shall:

(a) liaise with, and afford reasonable access to such persons as the Authority may appoint for the purposes of installing, maintaining, repairing and upgrading the CVR information system at the CVR testing centre or the carrying out of any works in connection with the CVR information system;

(b) install at your own expense any wiring or equipment required to provide power and connectivity for the information system;

(c) operate and maintain the CVR information system in accordance with any guidelines issued by the Authority;

(d) ensure staff are fully trained on the correct use of the CVR information system and attend training when required;

(e) manage the booking and scheduling of all tests directly on the CVR information system upon receipt. Where there is an outage with the CoVIS system, any bookings for CVR tests, or any other test received during the outage period shall be recorded on the system as soon as practicable;

(f) not cause or permit any damage or loss to the CVR information system or any associated equipment installed at the CVR testing centre (normal wear and tear excepted);

(g) except where there is a defect, failure or damage to the CVR information system equipment installed at the CVR testing centre that is the responsibility of the Authority or a person appointed by the Authority to install and/or maintain the CVR information system, bear the cost of repair or replacement of such equipment; and

(h) provide details of hardware and software protection measures and follow the Authority’s guidelines and instructions in relation to the hardware and software protection measures.

5.2 You shall reimburse to the Authority any costs incurred by the Authority in reconnecting the CVR testing centre to the CVR information system following the suspension, revocation or expiry of this authorisation.

6. Requirements in relation to CVR testing

6.1 You shall put in place measures to ensure that CVR tests are carried out at the CVR testing centre in accordance with:

(a) the Act of 2012;

(b) any regulations made pursuant to the Act of 2012;

(c) any guidelines issued by the Authority under section 38 of the Act of 2012; and

(d) these Conditions of Authorisation.

6.2 You shall put in place, in accordance with good industry practice, appropriate management and administrative arrangements in relation to the operation of the CVR testing centre. You shall implement appropriate management and control systems to ensure that CVR testing is carried out consistently in compliance with requirements.

6.3 A description of the management and control systems to be implemented and the deficiencies being addressed shall be furnished to the Authority on request in the form of a supervision plan. This supervision plan shall be a live document and shall be kept up to date.

6.4 You shall appoint a person to be responsible for the day-to-day management of the CVR testing centre. This person shall be identified as the ‘responsible person’ and shall be required to undergo CVR test operator training.

6.5 You shall provide the Authority with the name of the person responsible for the day-to-day management (the ‘responsible person’) of the CVR testing centre as appointed in accordance with paragraph (6.4).

6.6 You shall notify the Authority in writing when the person responsible for day-to-day management of the CVR testing centre appointed in accordance with paragraph (6.4) is replaced, not later than 5 working days after such changes taking effect.

6.7 You shall hold ISO 9001/CITA 9B Certification for your CVR testing centre. Newly authorised testing centres must comply with this requirement as soon as such certification is received and in any event within nine months of the commencement of authorisation. You must notify the Road Safety Authority within one working day of any major non-compliances/non-conformances reported by an independent ISO/CITA 9B certification assessor.

7. Opening hours of CVR testing centres

The CVR testing centre shall be open to the public for carrying out CVR tests during the hours _____________ and ___________ on days [to be specified].

8. Fees

You shall only charge the fee prescribed in regulations made under Part 2 of the Act of 2012 in respect of a CVR test or voluntary CVR safety test.

9. Display of authorisation

A copy of this authorisation shall be prominently and legibly displayed at the CVR testing centre in such manner that it can be easily inspected by the Authority, CVR testers and members of the public.

10. Information to be provided to the Authority

10.1 The Authority may require that you provide information in connection with any matters related to the operation of a CVR testing centre or the carrying out of CVR tests and ADR tests.

10. 2 You shall respond to a request for information under paragraph 10.1 within such time period as the Authority may specify and you shall provide such supporting documentation as may reasonably be requested by the Authority.

10.3 Without prejudice to the generality of paragraph 10.1, you shall:

(a) on request submit to the Authority audited financial statements for the CVR testing centre; these accounts shall contain details of the tests completed and the fees charged which shall be independently audited;

(b) on request supply evidence that you have the necessary insurances in place in accordance with requirements that may be specified by the Authority from time to time;

(c) not carry out, or cause to be carried out, a CVR test on a CVR vehicle where you or a connected person has a legal or beneficial interest in the CVR vehicle, unless you have given details of the proposed CVR test to the Authority in accordance with regulation 15 of the CVR authorisation regulations;

(d) notify the Authority if you are, or have been, convicted of a specified offence in accordance with section 12(1) of the Act of 2012; and

(e) for the purposes of section 18(1)(c) of the Act of 2012, inform the Authority in writing if you are or have been convicted of an offence under the Safety, Health and Welfare at Work Acts 2005 to 2014.

11. Remote observation of test lanes

(a) You hereby consent, and you shall procure the consent of the CVR testers and other persons employed or otherwise engaged by you at the specified CVR testing centres, to the use by the Authority of CCTV monitoring of test lanes at the CVR testing centre; and

(b) You shall ensure that the Authority or its agents, employees or servants are provided reasonable access to the CVR testing centre to install, repair and maintain the equipment described in sub-paragraph (a).

12. Companies

Where the holder of this authorisation is a company it shall:

(a) nominate a person to be its representative and to liaise with the Authority in connection with this authorisation;

(b) provide details of each director and the secretary of such company to the Authority; and

(c) where the identity or details of any person referred to in (a) or (b) changes, provide details of such changes to the Authority within 5 working days of such changes being made.

13. Inspection activities at the CVR testing centre

13.1 It is a condition of authorisation that, in connection with the exercise of a power by an authorised officer or CVR inspector under the Act of 2012 or any regulations made thereunder, you shall:

(a) provide access to the CVR testing centre for such authorised officer or CVR inspector;

(b) cooperate with, and provide all reasonable assistance to, such authorised officer or CVR inspector;

(c) if requested by such authorised officer or CVR inspector, make available the appropriate CVR tester or an equivalently experienced person to accompany and assist the authorised officer or CVR inspector;

(d) allow the use of test lanes and test equipment located at the CVR testing centre by such authorised officer or CVR inspector, as the case may be, for inspection and enforcement purposes or test equipment consistency checks;

(e) pursuant to section 12 of the Safety, Health and Welfare at Work Act 2005 , as amended, ensure that authorised officers or CVR inspectors carrying out their duties at your CVR testing centre, are not exposed to risks to their safety, health or welfare;

(f) subject to the payment of such fees as may be agreed with the Authority, provide towing and storage services to the Authority, in accordance with any instructions that may be given by the Authority, in connection with its inspection and enforcement activities; and

(g) cooperate with the Authority and An Garda Síochána in relation to, and afford reasonable access to the CVR testing centre for the purposes of, the conduct of CVR tests, including outside of normal working hours.

13.2 Failure to comply with the condition set out in paragraph 13.1(a) may result in:

(a) the recall of the vehicles being tested at the time, under regulation 31 of the CVR testing regulations; and/or

(b) the issue of a notification of immediate suspension of authorisation as a CVR test operator under section 18(1)(a) of the Act of 2012.

14. Costs of repeated inspections

14.1 Where an authorised officer enters the CVR testing centre for the purpose of exercising a function under section 25 of the Act of 2012 on more than one occasion and, on each such occasion, the exercise of such function relates to the same matter or matters (a “repeat inspection”), you shall reimburse to the Authority the costs of each such repeat inspection.

14.2 The costs of repeated inspections shall be €200 per half day or part thereof or €350 for a full day (being more than a half day).

14.3 Where you are liable to reimburse to the Authority the costs of a repeat inspection under paragraph 14.2 and you have not done so within five working days of a demand for payment, the Authority may deduct the costs from your CVR test fee account on the CVR information system.

15. Complaints

15.1 You shall have a complaint handling procedure. You shall record details of all complaints received in connection with the carrying out of CVR tests or ADR tests at the CVR testing centre. You shall submit these details to the Authority on request. The complaint details recorded shall include:

(a) the name, address and contact details of the complainant;

(b) the date of receipt of the complaint;

(c) the nature of the complaint and the circumstances giving rise to the complaint;

(d) any response to the complaint given by you or on your behalf; and

(e) the outcome of the complaint.

15.2 You shall use best endeavours to:

(a) acknowledge receipt of each complaint within two working days; and

(b) respond to each complaint within fourteen working days of the date of receipt of such complaint.

16. Suspension or revocation of authorisation

You shall, upon the suspension or revocation of this authorisation under Part 2 of the Act of 2012, comply with all reasonable instructions of the Authority including, without limitation, in relation to:

(a) cessation of CVR testing and ADR testing at the CVR testing centre;

(b) granting of access to the CVR testing centre for the purposes of disconnecting the CVR testing centre from the commercial vehicle information system and the removal of any associated equipment from the CVR testing centre; and

(c) furnishing to the Authority such information as it may reasonably require in relation to CVR vehicles that are awaiting a CVR test or ADR test.

17. Revocation of pass statement and certificate of roadworthiness

Where a pass statement and/or certificate of roadworthiness is revoked under regulation 30 of the CVR testing regulations, you shall comply with all reasonable requirements of the Authority in connection with such revocation.

18. Data protection

To the extent that the carrying out of CVR tests or ADR tests (including the use of the CVR information system) involves the processing of personal data, as defined in the Data Protection Acts, by you on behalf of the Authority, you shall:

(a) only process such personal data in accordance with the instructions of the Authority including with regard to transfers of personal data to a third country and solely as strictly necessary for the performance of your obligations under this authorisation;

(b) ensure that the persons authorised by you to process such personal data are bound by appropriate confidentiality obligations;

(c) implement and maintain such technical and organisational security measures as are required to comply with the data security obligations of the Data Protection Acts;

(d) not engage any sub-processor without the prior written consent of the Authority and where the Authority has consented to the appointment of a sub-processor, you must not replace or engage other sub-processors without the prior written consent of the Authority;

(e) where any of your sub-contractors will be processing such personal data on behalf of the Authority, ensure that a written contract exists between you and the sub-contractor containing clauses equivalent to those imposed on you in this paragraph 18. In the event that any sub-processor fails to meet its data protection obligations, you shall remain fully liable to the Authority for the performance of the sub-processors obligations;

(f) report any incident which gives rise to a potential or actual risk of unauthorised disclosure, loss, destruction or alteration of such personal data to the Authority immediately upon becoming aware of such an incident and provide the Authority with such co-operation and assistance as may be required to mitigate against the effects of, and comply with any reporting obligations which may apply in respect of, any such breach and in remediating the causes of any such breach;

(g) inform the Authority promptly and in any event within three (3) business days of receiving a request from a data subject to exercise their rights under Data Protection Law and provide such co-operation and assistance as may be required to enable the Authority to deal with such request in accordance with the provisions of Data Protection Law;

(h) assist the Authority by implementing agreed technical and organisational measures to allow the Authority to comply with requests from data subjects to exercise their rights under Data Protection Law;

(i) assist the Authority in ensuring compliance with its obligations in respect of security of personal data under Data Protection Law;

(j) delete or return all such personal data to the Authority when you cease data processing, delete all existing copies of such personal data and when requested, provide satisfactory confirmation of such deletion to the Authority unless EU law or the laws of an EU Member State require storage of the personal data;

(k) make available to the Authority all information necessary to demonstrate compliance with the obligations laid down in this paragraph 18;

(l) allow for and assist with audits, including inspections, conducted by the Authority or another auditor mandated by the Authority, in order to ensure compliance with the obligations laid down in this paragraph 18, including its data security obligations under Data Protection Law provided however that the Authority shall be entitled, at its discretion, to accept adherence by you to an approved code of conduct or an approved certification mechanism to aid demonstration by the Authority that it is compliant with the provisions of this paragraph 18;

(m) inform the Authority immediately if, in its opinion, it receives an instruction from the Authority in relation to paragraph 18.(k) above which infringes Data Protection Law; and

(n) ensure that no such personal data shall be transferred outside of the European Economic Area by you or any of your agents or sub-processors without the prior written consent of the Authority which consent may be subject to terms and conditions (including, without limitation, that the data importer enters into model clauses in the form approved by the European Commission and, where relevant, complies with the provisions regarding sub-processors contained in such model contracts in respect of any sub-processors). You shall comply with the requirements of Data Protection law in respect of transfers of such personal data outside of the European Economic Area, to the extent that the Authority consents to any such transfer.

.

19. Attendance at training courses

You shall attend such training courses as may be specified by the Road Safety Authority in accordance with the Act of 2012 and Regulations made thereunder.

19A. Notification to the Authority

19A.1 Where a CVR test operator, or in the case of a company, a director or the secretary of that company, or in the case of a partnership or other unincorporated association, a partner or member of that association, dies or is permanently incapacitated, the personal representative, or in the case of a company, another director or the secretary of that company, or in the case of a partnership or other unincorporated association, a partner or member of that association, shall notify the Authority of such death or incapacity in writing as soon as reasonably practicable.

19A.2 Where the authorisation of a CVR test operator is held in the name of a company or an unincorporated body and a person or group of persons acting in concert gains control of that company or the unincorporated body, the CVR test operator shall promptly notify the Authority, in writing, upon becoming aware of that event.

19B. Temporary transfer of authorisation in case of death or incapacity

19B.1 Subject to the requirements of section 11(1)(c) to (f) of the Act of 2012, the Authority may, if satisfied that it is necessary in order to avoid hardship, temporarily transfer a CVR test operator’s authorisation –

(a) in the case of a CVR test operator who has died –

(i) to the personal representative of the CVR test operator, or

(ii) subject to the consent in writing of such personal representative, to the spouse, civil partner, child or parent of the CVR test operator,

or

(b) in the case of a CVR test operator who is permanently incapacitated, to the spouse, civil partner, child or parent of the CVR test operator.

19B.2 An authorisation temporarily transferred under paragraph 19B.1 shall expire 4 months after the date of the transfer.

19B.3 No fee shall be payable in respect of –

(a) an application for the temporary transfer of a CVR test operator’s authorisation under paragraph 19B.1, or

(b) following the expiry of a temporary authorisation granted under paragraph 19B.1, the subsequent application by the holder of such temporary authorisation for authorisation as a CVR test operator under section 9 of the Act of 2012.

19B.4 An application for the temporary transfer of an authorisation under paragraph 19B.1 shall be made to the Authority in the form made available for that purpose on the Authority’s website.

19C. Transfer of authorisation to a company controlled by CVR test operator

19C.1 A CVR test operator who is a natural person may apply to the Authority to transfer his or her authorisation to a company in which a majority of the shares are held by him or her for the unexpired term of the authorisation.

19C.2 Subject to the requirements of section 11(1)(c) to (f) of the Act of 2012, the Authority may, if satisfied that the company referred to in paragraph 19C.1 is capable of complying with these Conditions of Authorisation, transfer an authorisation under that paragraph.

19C.3 No fee shall be payable in respect of an application for the transfer of a CVR test operator’s authorisation under paragraph 19C.1.

19C.4 An application for the transfer of an authorisation under paragraph 19C.1 shall be made to the Authority in the form made available for that purpose on the Authority’s website.

20. Special conditions

Special conditions relating to the matters contemplated by paragraphs 3 to 19 above that are applicable to the CVR test operator concerning premises, facilities and equipment, records, towage and storage.

Part 3

Application for authorisation as a new CVR tester or for an amendment to an existing CVR tester authorisation.

PART A. FOR COMPLETION BY THE APPLICANT

A1. Personal details

First name

Surname

Address

Date of birth

PPS number

Email address

Phone number

Mobile phone number

Please enclose with your application a recent photograph measuring between 35mm x 45mm and 38mm x 50mm, showing your head and shoulders and complying in other respects with standards for passport photographs.

Print your name on the back of the photograph.

Note: If you are seeking an amendment to your existing authorisation, insert your CVR Tester Authorisation Number here.

A2. Authorisation sought

Please tick the box(es) below to indicate the type(s) of vehicle you wish to be authorised to test.

Heavy Commercial Vehicles (HCV), including HGV and PSV vehicles

Light Commercial Vehicles (LCV) only (smaller vehicles)

Both Heavy and Light Commercial Vehicles (HCV and LCV)

Tractors Applications for authorisation to conduct Tractor tests only applies where HCV authorisation has been granted for at least one year immediately preceding the commencement of the relevant training course with the nominated training provider.

Vehicles carrying dangerous goods (ADR). Applications for authorisation to conduct ADR tests only applies where HCV authorisation has been granted for at least one year immediately preceding the commencement of the relevant training course with the nominated training provider.

A3. Qualifications

If you are applying for authorisation to test Light Commercial Vehicles, you must have one of the following qualifications. Tick the box to indicate which qualification you hold.

An Advanced Certificate Craft, National Craft Certificate or an equivalent qualification from another country to at least level 6 on the National Framework of Qualifications (NFQ) in the skill area of Light Vehicle, HGV, Agricultural or Construction Mechanic.

–or–

A Senior Trade Certificate or Record of Attainment from the Further Education and Training Authority (SOLAS) demonstrating competencies equivalent to the standards for a National Craft Certificate in the skill area of Light Vehicle, HGV, Agricultural or Construction Mechanic.

If you are applying for authorisation to test Heavy Commercial Vehicles, you must have one of the following qualifications. Tick the box to indicate which qualification you hold.

An advanced Certificate Craft, National Craft Certificate or an equivalent qualification from another country to at least level 6 on the National Framework of Qualifications (NFQ) in the skill area of Light Vehicle, HGV, Agricultural or Construction Mechanic.

–or–

A Senior Trade Certificate or Record of Attainment from the Further Education and Training Authority (SOLAS) demonstrating competencies equivalent to the standards for a National Craft Certificate in the skill area of Light Vehicle, HGV, Agricultural or Construction mechanic.

Persons applying for an amendment to their authorisation to conduct ADR and/or Tractor tests must have been authorised to test Heavy Commercial Vehicles for at least one year immediately preceding their commencement of the relevant training course with the nominated training provider.

For applicants with an Irish qualification

Please specify the title of the qualification you hold that meets the above requirements.

You must enclose a copy of your qualification certificate(s) with this application. Your certificate will be verified by the Road Safety Authority as part of the assessment of your application.

For applicants with a qualification from another country

If your qualification is from another country, visit the website of NARIC Ireland (www.naric.ie) where you can find information on the recognition of foreign qualifications. Your qualification must include the subjects covered by the relevant Irish National Craft Cert. You can also download a Comparability Statement for your qualification free of charge – this service is hosted by Quality and Qualifications Ireland (QQI).

Please specify the title of the qualification you hold that meets the above requirements.

You must enclose a copy of your qualification certificate with this application, and you must also enclose:

- A certified English translation of your qualification certificate (if this is not in English);

- A copy of your Comparability Statement; and

- A statement outlining the subjects studied and their equivalents under the Irish National Craft Cert.

Your certificate and the other items will be assessed by the Road Safety Authority as part of the review of your application.

A4. Experience

You must provide evidence of adequate experience gained after achieving your qualification:

Application to test

Experience required

Light commercial vehicles only

At least 12 months’ work experience repairing and maintaining light commercial vehicles after qualification.

Heavy commercial vehicles

If your qualification is in light commercial vehicles, at least 18 months’ experience in repairing and maintaining heavy commercial vehicles after qualification.

Otherwise at least 12 months’ work experience repairing and maintaining heavy commercial vehicles after qualification.

Evidence of experience

As evidence of your experience, you must enclose with your application a statement, signed by your current or former employer(s), which includes the following details:

• The categories of vehicles you worked on and the maintenance activities you performed on them; and

• The length of time that you performed these duties.

Please also give details of your experience in the table below.

Name of Garage / Employer

Description of work

Vehicle Types maintained / repaired

Start date

Finish date

In assessing your application, the Road Safety Authority may seek additional information concerning your experience.

A5. Fit and proper person requirement

The Road Safety Authority must be satisfied that applicants are ‘fit and proper persons’ to be CVR testers.

Notification of specified offences

In applying for authorisation as a CVR tester, the applicant must notify the Road Safety Authority if he or she has been convicted in the State or in any other jurisdiction of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 .

Have you ever been convicted of an offence specified in Section 12(1) of the 2012 Act?

Yes

No

If yes, enclose with your application a Conviction Notification Form in respect of each specified offence of which you were convicted (see CVR tester - Conviction Notification Form available on www.cvrt.ie ).

NOTE: An applicant who was convicted of a specified offence must complete and sign a Conviction Notification Form in respect of each such conviction. If more than one conviction is to be notified, a separate Conviction Notification Form must be submitted for each conviction.

WARNING: Failure to notify the Road Safety Authority of such a conviction or providing information to the Authority knowing it to be false or misleading is a criminal offence and may result in the Road Safety Authority determining that you are not a fit and proper person to hold an authorisation and the refusal of the application.

A6. Declaration by applicant

I wish to apply for authorisation as a CVR tester or for an amendment to an existing CVR tester authorisation.

I understand that I must supply the Road Safety Authority with information appropriate to this application and that failure to supply full details and relevant documentation and/or failure to sign this application can result in this application being refused.

I hereby declare that the information furnished in this application and in the accompanying documents is complete, true and accurate.

I consent to the Road Safety Authority checking the accuracy of any information furnished in this application (including checking my qualifications and previous work experience), both while processing this application and at any time during which I am authorised as a CVR tester.

I hereby confirm that I will notify any changes to any details in this application to the Authority within five working days of such changes taking effect.

I acknowledge that I must notify the Road Safety Authority if I am, or have been, convicted of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 .

I wish to apply for enrolment on an initial CVR tester training course relevant to my application.

I accept that submission of this application does not guarantee enrolment on a CVR tester training course. I understand that the Road Safety Authority may supply the information on this application form to the nominated training provider in connection with the training course.

Name (printed)

Signature

Date

PART B: NOMINATION FOR CVR TESTER TRAINING

(for completion by or on behalf of the authorised CVR test operator nominating the applicant for a place on a CVR tester training course)

B1. CVR Testing Centre

Name of CVR Testing Centre in which the applicant is or will be employed

Authorisation Number

Address of CVR Testing Centre

B2. Person making the nomination

Name

Telephone number

Position held in the CVR Testing Centre (for example, owner / director / company

secretary / partner / member of the management committee)

B3. Applicant being nominated

Name of applicant

Is this person currently employed as a mechanic by the CVR Testing Centre?

YesNo

Does this person have the necessary qualifications and experience (as set out in Sections A2 and A3 of this Application Form)?

YesNo

Name (printed)

Signature

On behalf of the CVR Testing Centre named above

Date

Part 4

Authorisation as a CVR Tester

Authorisation Number:_________________

1. Pursuant to Section 17 of the Act of 2012 and the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Conferral of Functions) Order 2013, the Road Safety Authority hereby authorises

[Name of CVR tester]

a) to be a CVR tester and ADR tester (delete as appropriate);

b) to carry out CVR tests at CVR testing centres in respect of the following categories of CVR vehicles: [specify categories of CVR vehicles]; and from the date of this authorisation until suspended or revoked by the Authority or surrendered by you.

2. This authorisation is personal to the person named above and may not be assigned or otherwise transferred to any other person. You may not assign, sub-contract or otherwise transfer any of the obligations of a CVR tester to any other person.

3. Definitions

Terms and expressions used in this authorisation and not otherwise defined in this authorisation shall have the meaning given to them in the Act of 2012.

In this authorisation:

“Act of 2012” means the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 ; and

“specified offence” means an offence specified in section 12(1) of the Act of 2012.

Conditions of authorisation

4. You shall comply with:

a) Part 2 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Act of 2012);

b) any regulations made under Part 2 of the Act of 2012;

c) any guidelines issued by the Road Safety Authority under Section 38 of the Act of 2012; and

d) any directions issued by an authorised officer or CVR inspector under Part 2 of the Act of 2012.

5. You shall, for the purposes of carrying out tests, only carry out CVR tests in respect of the categories of vehicles specified in paragraph 1(b).

6. You shall undertake such training, including periodic refresher training, as may be specified in regulations made under Part 2 of the Act of 2012 from time to time or as may be directed by an authorised officer.

7. You shall cooperate with, and afford all reasonable assistance to, the Road Safety Authority, authorised officers and CVR inspectors in relation to the supervision and enforcement of matters relating to CVR testing and ADR testing.

8. You shall use the CVR information system installed at the CVR testing centre for the purposes of conducting CVR tests in accordance with any guidelines issued by the Road Safety Authority.

9. Subject to paragraph 10, you shall keep confidential and not disclose to any other person any information, documents, records or data concerning a CVR vehicle, the owner or person presenting a CVR vehicle for a CVR test or the outcome of a CVR test.

10. You may disclose information referred to in paragraph 9:

a) to the extent that such disclosure is necessary for the purposes of performing your duties as a CVR tester, to:

i. the CVR test operator at whose CVR testing centre you are employed or engaged to carry out CVR tests; and

ii. any other CVR tester at the CVR testing centre you are employed or engaged to carry out CVR tests,

b) to the Road Safety Authority, authorised officers and CVR inspectors; and

c) as may otherwise be required by law.

11. You shall keep confidential and not disclose to any other person the unique login credentials assigned to you to facilitate your use of the CVR information system. You shall log-out of the CVR information system when vacating the test lane.

12. You shall comply with any request for information from the Road Safety Authority in connection with any matters contemplated by this authorisation or the conduct of CVR testing.

13. Without prejudice to the generality of paragraph 11, you shall:

a) where there are any changes to the details submitted to the Road Safety Authority in connection with your application to be authorised as a CVR tester, provide details of such changes to the Road Safety Authority within 5 working days of such changes being made and

b) notify the Road Safety Authority if you are, or have been, convicted of a specified offence in accordance with section 12 of the Act of 2012.

14. You consent to the use by the Road Safety Authority of CCTV monitoring of the carrying out of CVR tests by you at CVR testing centres.

15. You shall conduct yourself in a proper and orderly manner at all times and you shall conduct any business with owners of vehicles and the agents of such owners, the Road Safety Authority and any authorised officers and CVR inspectors in a polite and helpful manner.

16. You shall be properly attired with a uniform with your first name and CVR tester authorisation number prominently displayed on a badge affixed to the uniform.

17. You shall immediately return this authorisation to the Road Safety Authority in the event that this authorisation is suspended or revoked by the Road Safety Authority or is surrendered by you.

18. You shall not deface, alter or otherwise interfere with this authorisation.

19. You shall ensure that you are not under the influence of an intoxicant (including alcohol or drugs or a combination of both alcohol and drugs) to the extent that you are in such a state as to endanger your own safety, health or welfare at work or that of any other person or to interfere with CVR testing. You shall comply with all reasonable instructions of the CVR test operator in relation to measures to ensure the safety, health and welfare of persons at the CVR testing centre and the proper conduct of CVR testing.

Regulation 2(e)

SCHEDULE 2

New Schedule 2 to Principal Regulations

“SCHEDULE 2

Regulation 6(1)

APPLICATION FEES

Description of fee

(1)

Prescribed Fee

(2)

Application for authorisation as a CVR test operator (including 1 heavy CVR vehicle test lane and 1 light CVR vehicle test lane only)

€8,500

Application for authorisation as a CVR test operator with more than one 1 heavy CVR vehicle test lane and 1 light CVR vehicle test lane

€6,000 for each additional test lane

Application for renewal of authorisation as a CVR test operator

€500

Application for amendment of authorisation in relation to ADR testing

€500

Application for amendment of authorisation as a CVR test operator to increase number of test lanes

€6,000 for each additional test lane

Regulation 2(f)

SCHEDULE 3

Additional Schedule to Principal Regulations

“SCHEDULE 3

Regulations 9 and 10

STANDARDS FOR PREMISES, FACILITIES AND EQUIPMENT

Part 1

Standards for CVR Testing Centre Premises and Facilities

A. A CVR testing centre shall be a premises that has:

(i) suitable access and egress measures and parking facilities to accommodate vehicle movements to, from and within the CVR testing centre,

(ii) a permanent, immovable, enclosed and weatherproof facility with space to carry out CVR tests for the categories of CVR vehicles to be tested,

(iii) a hard concrete floor surface or equivalent flooring,

(iv) test lanes for each of the categories of vehicles to be tested,

(v) a dedicated certified level area for the headlamp aim test,

(vi) a ventilation and fume extraction system in the test area of the premises,

(vii) facilities for the storage of records, books and other documentation and computer equipment,

(viii) suitable signage for the carrying out of CVR tests,

(ix) reception and waiting areas conveniently located in the premises,

(x) a view of the test lanes from the customer waiting area,

(xi) toilet facilities within the premises for customers attending the premises for tests and accessible from the waiting area, and

(xii) complies with Sections B and C of this Part as applicable.

B. Specific standards for CVR testing centres

Item

Heavy Commercial Vehicle

Light Commercial Vehicle

Minimum internal length of lane

30m

26m

Minimum internal width of lane

7m

6m

Drive through test lane

Yes

Yes

Minimum entrance & exit door height

5m

5m

Minimum entrance & exit door width

4.25m

4.25m

Dedicated certified level floor area for the headlamp aim test

Yes

Yes

Minimum internal headroom clearance

5m

5m

Minimum inspection pit length

20m excluding steps

Not Applicable

Minimum inspection pit width at floor level

Between 1.0m and 1.2m

Not Applicable

Minimum inspection pit depth

Between 1.4m and 1.6m

Not Applicable

Vehicle lift for underbody inspections

Not Applicable

Yes

Testing lanes separated fully from all other activities

Yes

Yes

Direct view of testing lanes from customer waiting area

Yes

Yes

C. Standards for CVR testing centre the subject of renewal applications

Item

Heavy Commercial Vehicle

Light Commercial Vehicle

Internal length of lane

24m

18m

Internal width of lane

6m

4.25m

Drive through test lane

Yes

Yes

Entrance & exit door height

4.8m

3.2m

Entrance & exit door width

4.25m

3.5m

Dedicated certified level floor area for the headlamp aim test

Yes

Yes

Internal headroom clearance

4.8m

3.5m

Inspection pit length

Min 20m excluding steps

Not Applicable

Inspection pit width at floor level

Between 0.85m and 1.25m

Not Applicable

Inspection pit depth

Between 1.35m and 1.65m

Not Applicable

Vehicle lift for underbody inspections

Not Applicable

Yes

Internal headroom clearance over vehicle lift

Not Applicable

4.9m

Testing lanes separated fully from all other activities

Yes

Yes

View of testing lanes from customer waiting area

Yes

Yes

(i) The Authority may consider authorising a testing centre whose lanes do not fully comply with the dimensions set out above where it is satisfied that the CVR testing centre is, and will continue to be, an appropriate and adequate facility for the purposes of carrying out CVR testing.

(ii) Where a testing centre is authorised under paragraph (i) above, tolerances of no more than 5% may be permitted on no more than two dimensions on a lane.

(iii) All CVR test operators to whom this section applies, must comply with the requirements set out above from 19/03/2027.

Part 2

Standards for CVR Testing Equipment

A CVR test operator shall have on the premises the equipment necessary to enable CVR tests to be carried out in accordance with Part 2 of the Act of 2012.

A. HCV Lane Specific Vehicle Testing Equipment

(1) HCV test equipment shall include, but is not limited to, the following;

a) Inspection Pit

b) Roller Brake Tester

c) Axle Load Simulator

d) Jacking System (15t with appropriate extensions & saddles)

e) Wheel Play Detector Plates

f) Side Slip Plate (Unit)

g) Headlamp Aim Tester (rails & level floor area)

h) Class V & Class VI Mirror Check Areas

i) Diesel Smoke Opacity Meter

j) Air Pressure Gauges with coupling connections

k) Fifth Wheel Measuring Tool (50mm & 88.9mm Pins)

l) Trailer Kingpin Measuring Gauge/Device

m) Equipment to Check ISO7638 Connector Outputs (24v)

n) Trailer Service Line Coupling Tester (used to check the operation of valve-lifter)

o) Air Gauge/device for By-Passing Load Sensing Valve

p) 20-inch Adjustable Pliers

q) Dial Gauge & Stand

r) Instrument to Check Speed Limitation Devices

s) Tool for Pressing Brake Pedal

t) Low Voltage Inspection Lamp

u) Pinch Bar (1 metre length)

v) Straight Edge (1 metre length)

w) Electrical Socket Output Tester (24v)

x) Light Check Mirrors

y) Class IV Mirror Check Tool

z) Wheel Chocks (4)

B. LCV Lane Specific Vehicle Testing Equipment

(1) LCV test equipment shall include, but is not limited to, the following:

a) Vehicle Inspection Lift (5.0t)

b) Roller Brake Tester

c) Jacking System (2.8t)

d) Suspension Tester

e) Side Slip Plate (Unit)

f) Headlight Aim Tester (rails & level floor area)

g) Diesel Smoke Opacity Meter

h) Wheel Play Detector Plates

i) Low Voltage Inspection Lamp

j) Electrical Socket Output Tester (12v)

k) Wheel Chocks (2)

l) Light Check Mirrors

m) Pinch Bar (0.6 metre length)

C. Vehicle Testing Equipment Common to both HCV & LCV Lanes

(1) Vehicle testing equipment common to both HCV and LCV lanes shall include, but is not limited to, the following:

a) Fume Extraction System

b) Emissions Gas Analyser

c) Decelerometer

d) Glass Opacity Meter

e) Tyre Inflation & Pressure Gauge Equipment

f) Tyre Tread Depth Gauge Device

g) Digital Vernier Callipers

h) Feeler Blades

i) Corrosion Assessment Tool

j) Vehicle Technical Data

k) On Board Diagnostic (OBD) Scan Tool (20 May 2023)

l) Device to Detect Gas Leakage (1 January 2023)

m) Equipment to Record Vehicle Underbody Inspections (1 May 2027)

D. Vehicle Testing Equipment for Tractors

(1) Tractor test equipment shall include, but is not limited to, the following:

a) Decelerometer (with printout facility)

b) Parking Brake Assessment Slope

c) Equipment to Check ISO7638-2 Connector Outputs (12v)

d) Hydraulic Pressure Gauge

e) Hook & Eye Type Coupling Gauge

f) Electrical Socket Output Tester (12v)

g) Category 2 & 3 Lift Arm Balls

h) Gauge to Measure Wear on a Hook Type Coupling”

GIVEN under my hand,

20 September 2022

HILDEGARDE NAUGHTON,

Minister of State at the Department of Transport.

EXPLANATORY NOTE

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

These regulations amend the Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013 ( S.I. No. 107 of 2013 ) to provide for the following:

(a) prescribe standards as required by Section 11 (2) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 ,

(b) introduce premises improvements and remove the special conditions relating to drive throughs and HCV pit lengths,

(c) delay the requirement to comply with standards to 19 March 2027, which shall allow:

- premises that already meet standards to be authorised for up to 10 years,

- sufficient time for upgrading of premises that do not meet standards,

- affected CVR test operators to renew their authorisations using existing premises until 18 March 2027 and subsequently using upgraded premises which meet standards until 18 March 2034. This approach shall give affected CVR test operators a 3-year grace period, and

(d) introduce dimension tolerances for testing premises (where dimensions are close to the minimum required) in very limited circumstances where there will be no material impact on the standard of testing or the standard of the premises. Ensuring the improvement of standards is achieved where possible without excluding a testing premises that narrowly fails to meet one or two of the dimension requirements.