S.I. No. 193/1981 - European Communities (Vehicle Testing) Regulations, 1981.

S.I. No. 193 of 1981.

EUROPEAN COMMUNITIES (VEHICLE TESTING) REGULATIONS, 1981.

The Minister for the Environment in exercise of the powers conferred on him by Section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive (No. 77/143/EEC) ⁽¹⁾ hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the European Communities (Vehicle Testing) Regulations, 1981.

(2) ( a ) These Regulations, other than articles 12, 13 and 14 shall come into operation on the 1st day of June, 1981.

b ) Articles 12, 13 and 14 of these Regulations shall come into operation on the 1st day of January, 1983.

2. In these Regulations, save where the context otherwise requires:—

"ambulance" means a mechanically propelled vehicle used for the purpose of carrying sick, injured or disabled persons;

"articulated vehicle" means the combination of a mechanically propelled vehicle and a drawn vehicle attached by partial superimposition and so constructed and attached that not less than 20 per cent of the weight of the drawn vehicle is borne by the mechanically propelled vehicle;

"authorised officer" means a person appointed by the Minister or an issuing authority for the purpose of article 11 of these Regulations;

"authorised tester" means a person or body appointed by an issuing authority to test vehicles under these Regulations;

"Council Directive" means Council Directive of the 29th December, 1976 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers;

⁽¹⁾O.J. No. L47/47. 18/02/77.

"issuing authority" means the council of a county or the corporation of a county borough which exercises or performs the functions of a licensing authority under the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952);

"mechanically propelled vehicle" has the meaning assigned to it by the Road Traffic Act, 1961 (No. 24 of 1961) but does not include a pedal cycle;

"public place" means any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;

"semi-trailer" means the drawn component of an articulated vehicle or a vehicle constructed or adapted for use as such drawn component;

"taxi" means a small public service vehicle fitted with a taximeter and licensed for hire in a taximeter area;

"the Minister" means the Minister for the Environment;

"trailer" means a vehicle attached to a mechanically propelled vehicle (or to another vehicle attached to a mechanically propelled vehicle) or a vehicle constructed or adapted for the purpose of being drawn by a mechanically propelled vehicle.

3. (1) These Regulations shall apply to:—

( a ) mechanically propelled vehicles used for the carriage of passengers and with more than eight seats excluding the driver's seat;

( b ) mechanically propelled vehicles used for the carriage of goods and having a maximum permissible weight exceeding 3,500 kgs;

( c ) trailers and semi-trailers with a maximum permissible weight exceeding 3,500 kgs;

( d ) taxis and ambulances.

(2) For the purpose of paragraphs (b) and (c) of sub-article (1) of this article a vehicle with an unladen weight exceeding 1½ tons shall be deemed to be a vehicle with a maximum permissible weight exceeding 3,500 kgs.

(3) These Regulations shall not apply to vehicles belonging to or used for official purposes by the Defence Forces or by the Garda Síochána.

4. (1) Issuing authorities may appoint as authorised testers as respects all or any of the classes of vehicles referred to at article 3(1) of these Regulations persons who make application in a form approved by the Minister and who have or have access to premises and equipment appropriate to carry out roadworthiness tests in respect of the matters listed in the Second Schedule to these Regulations.

(2) A fee of £40 shall accompany each application.

5. (1) An issuing authority may at any time suspend or terminate the appointment of an authorised tester.

(2) An issuing authority shall maintain a register of authorised testers appointed by it and shall make available to the public during ordinary office hours the names and addresses of persons so appointed.

6. (1) The owner of a vehicle to which these Regulations apply may apply to an authorised tester for a test in respect of the vehicle.

(2) The application shall be accompanied by a fee as follows:—

( a ) £20 in respect of each vehicle referred to at article 3(1) (a) and (b) of these Regulations.

( b ) £10 in respect of each vehicle referred to at 3(1) (c) and (d) of these Regulations.

(3) Where an application is made the authorised tester shall test the vehicle in respect of the matters listed in the Second Schedule to these Regulations having regard to any recommendations made under article 7 as to the manner in which the tests are to be carried out and

( a ) where he is satisfied that the vehicle is roadworthy as respects such matters he shall furnish to the owner of the vehicle a statement in a form to be approved by the Minister, and

( b ) where he is not so satisfied he shall notify the owner in a form to be approved by the Minister of the matters in respect of which he is not so satisfied.

7. The Minister may from time to time issue recommendations to issuing authorities and to authorised testers as to the manner in which roadworthiness tests shall be carried out in relation to all or any of the matters listed in the Second Schedule to these Regulations and in carrying out such tests authorised testers shall have regard to any such recommendations.

8. Issuing authorities and authorised testers shall keep such records and supply such information as the Minister may from time to time require.

9. (1) On presentation to an issuing authority of a statement referred to in article 6(3) (a) of these Regulations together with a fee of £5 such authority may issue a certificate of roadworthiness in the form set out in the First Schedule to these Regulations.

(2) Where an issuing authority are satisfied that a certificate of roadworthiness has been lost, destroyed or mutilated they may on payment of a fee of £2 issue a duplicate certificate which shall be clearly marked "DUPLICATE".

10. (1) An authorised tester may refuse to accept a vehicle for a test:—

( a ) if in his opinion any part thereof or any of its equipment is in such a dirty or dangerous condition as to make it unreasonably difficult to carry out the test; or

( b ) if in his opinion a load on the vehicle is not adequately secured.

(2) Where an authorised tester refuses pursuant to sub-article (1) to test a vehicle he shall return to the owner the fee paid under article 6 in respect of the application for the test.

11. (1) An authorised officer appointed by the issuing authority may enter the premises used or proposed to be used by an authorised tester at all reasonable times:—

( a ) to ascertain whether the premises and its equipment are suitable for carrying out a roadworthiness test;

( b ) to ascertain whether roadworthiness tests are being carried out in a fit and proper manner having regard to recommendations made under article 7 in regard to the carrying out of such tests;

( c ) to inspect any records which are required to be kept under article 8 of these Regulations.

(2) An authorised officer appointed by the Minister may:—

( a ) inspect any records which an issuing authority is required to keep under the provisions of these Regulations;

( b ) enter the premises used or proposed to be used by an authorised tester at all reasonable times for the purpose of inspecting the premises and its equipment and for the purpose of observing the manner in which roadworthiness tests are carried out.

(3) In this article reference to the premises of an authorised tester includes a reference to the premises of a person who has made application for appointment as an authorised tester.

12. (1) It shall be an offence for a person to use in a public place a vehicle to which these Regulations apply and which has been first registered in a Member State of the European Economic Communities more than one year prior to such use unless there is in force in respect of the vehicle a certificate of roadworthiness issued under these Regulations within the previous twelve months or in the case of a vehicle registered in a Member State of the European Economic Communities other than the State there is in force a certificate or other document issued in accordance with the Council Directive showing that the vehicle has passed a roadworthiness test complying with the provisions of the Council Directive.

(2) Where, in a prosecution of an offence under sub-article (1) of this article, it is shown that a demand having been made under article 13 of these Regulations,

( a ) the person to whom the demand was made refused or failed to produce a certificate of roadworthiness or a certificate or other document referred to in sub-article (1), or

( b ) such person, having produced a certificate of roadworthiness or a certificate or other document referred to in sub-article (1) consequent upon the demand, refused or failed to permit the member of the Garda Síochána to whom such certificate was produced to read and examine it,

it shall be presumed, until the contrary is shown by the defendant, that the vehicle was being used in contravention of sub-article (1) of this article.

(3) The existence of a certificate of roadworthiness shall not affect any prosecution for an offence under the Road Traffic Acts, 1961 to 1978 and the Regulations made thereunder or under the European Communities (Road Transport) (Recording Equipment) Regulations, 1979 ( S.I. No. 24 of 1979 ) or under the European Communities (Radio Interference from Vehicle Ignition System) Regulations, 1973 ( S.I. No. 331 of 1973 ).

13. (1) Where a member of the Garda Síochána has reasonable grounds for believing that a vehicle to which these Regulations apply has been used in a public place on a particular occasion (including a case in which the member has himself observed the use) and that the actual user of the vehicle on that occasion was a particular person, the member may, at any time not later than one month after the occasion, demand of the person the production of a certificate of roadworthiness or a certificate or other document referred to in sub-article (1) of article 12 in respect of the vehicle in force on the occasion and, if the person refuses or fails to produce such certificate then and there, he shall be guilty of an offence.

(2) Where a member of the Garda Síochána has reasonable grounds for believing that a vehicle to which these Regulations apply has been used in a public place on a particular occasion (including a case in which the member has himself observed the use), the member may, at any time not later than one month after the occasion, demand of the owner of the vehicle the production of a certificate of roadworthiness or a certificate or other document referred to in sub-article (1) of article 12 in respect of the vehicle in force on the occasion and, if the owner refuses or fails to produce any such certificate within three days after the day on which the production was demanded he shall be guilty of an offence.

(3) Where a person produces a certificate of roadworthiness or a certificate or other document referred to in sub-article (1) of article 12 to a member of the Garda Síochána but refuses or fails to permit the member to read and examine it, he shall be guilty of an offence and the member may demand of him his name and address.

(4) Where a person whose name and address is demanded refuses or fails to give his name and address or gives a name or address which is false or misleading he shall be guilty of an offence.

(5) A member of the Garda Síochána may arrest without warrant:—

( a ) a person who refuses or fails to produce a certificate or other document referred to in sub-article (1) of article 12 demanded under sub-article (1) of this article;

( b ) a person who pursuant to this article produces a certificate or other document referred to in sub-article (1) of article 12 but refuses or fails to permit the member to read and examine it; or

( c ) a person who, when his name and address is demanded of him by the member under this article, refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading.

14. A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

15. Fees received by issuing authorities under the provisions of these Regulations shall be paid into and disposed of for the benefit of the Exchequer.

16. All expenses properly incurred by an issuing authority in discharging its functions under these Regulations shall be recouped to the issuing authority in such manner as the Minister for Finance directs out of moneys provided by the Oireachtas.

FIRST SCHEDULE.

VEHICLE TESTING.

EUROPEAN COMMUNITIES (VEHICLE TESTING) REGULATIONS, 1981.

Serial Number

Certificate of Roadworthiness.

1. Vehicle identification mark ............................................................ ............................................................ .........

2. Category of Vehicle ............................................................ ............................................................ ....................

3. Registered Owner............................................................ ............................................................ ........................

4. Authorised Tester ............................................................ ............................................................ ......................

5. Date of Test ............................................................ ............................................................ ...............................

I hereby certify that the owner of the vehicle described at 1 and 2 presented a statement by an authorised tester to the effect that the said vehicle was tested and found to be roadworthy on the date shown in accordance with the requirements of the European Communities (Vehicle Testing) Regulations, 1981.

SECOND SCHEDULE.

Matters to be tested.

1. BRAKING SYSTEMS.

1.1. Service brake.

1.1.1. Mechanical condition.

1.1.2. Efficiency.

1.1.3. Balance.

1.1.4. Vacuum pump and compressor.

1.2. Secondary brake.

1.2.1. Mechanical condition.

1.2.2. Efficiency.

1.2.3. Balance.

1.3. Parking brake

1.3.1. Mechanical condition.

1.3.2. Efficiency.

1.4. Trailer or semi-trailer brakes.

1.4.1. Mechanical condition.

— Automatic braking system.

1.4.2. Efficiency.

2. STEERING AND STEERING WHEEL.

2.1. Mechanical condition.

2.2. Steering wheel.

2.3. Steering play.

3. VISIBILITY.

3.1. Field of vision.

3.2. Condition of glass.

3.3. Rear view mirrors.

3.4. Windscreen wipers.

4. LAMPS, REFLECTORS AND ELECTRICAL EQUIPMENT.

4.1. Main and dipped-beam headlamps.

4.1.1. Condition and operation.

4.1.2. Alignment.

4.1.3. Switches.

4.1.4. Visual efficiency.

4.2. Side lamps and end-outline marker lamps.

4.2.1. Condition and operation.

4.2.2. Colour and visual efficiency.

4.3. Stop lamps.

4.3.1. Condition and operation.

4.3.2. Colour and visual efficiency.

4.4. Direction-indicator lamps.

4.4.1. Condition and operation.

4.4.2. Colour and visual efficiency.

4.4.3. Switch.

4.4.4. Flashing frequency.

4.5. Rear registration plate lamp.

4.6. Reflex reflectors and rear and side markings.

—Condition and colour.

4.7. Electrical connections between tractor vehicle and trailer or semi-trailer.

4.8. Electrical wiring.

4.9. Tell tales.

5. AXLES, WHEELS, TYRES, SUSPENSION.

5.1. Axles.

5.2. Wheels and tyres.

5.3. Suspension.

6. CHASSIS AND CHASSIS ATTACHMENTS.

6.1. Chassis or frame and attachments.

6.1.1. General condition.

6.1.2. Exhaust pipes and silencers.

6.1.3. Fuel tank and pipes.

6.1.4. Spare wheel carrier.

6.1.5. Coupling mechanism on tractor vehicles, trailers and semi-trailers.

6.2. Cab and bodywork.

6.2.1. General condition.

6.2.2. Mounting.

6.2.3. Doors and locks.

6.2.4. Floor.

6.2.5. Drivers seat.

6.2.6. Running boards.

7. OTHER EQUIPMENT.

7.1. Safety belts.

7.2. Locks and anti-theft devices.

7.3. Warning triangle.

7.4. Wheel chock(s) (Trailers).

7.5. Audible warning device.

7.6. Speedometer.

7.7. Tachograph (presence of, and integrity of seals).

8. NUISANCE.

8.1. Noise.

8.2. Exhaust emissions.

8.3. Suppression of radio interference.

9. SUPPLEMENTARY TESTS FOR PUBLIC TRANSPORT VEHICLES.

9.1. Emergency exit(s).

signs indicating emergency exit(s).

9.2. Seat lay-out.

9.3. Interior lighting.

9.4. Fire extinguisher.

9.5. First-aid kit.

10. VEHICLE IDENTIFICATION.

10.1. Registration number plate.

10.2. Chassis number.

GIVEN under the Official Seal of the Minister for the Environment

this 26th day of May, 1981.

RAPHAEL P. BURKE,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations provide for the annual testing of certain categories of commercial vehicles i.e. goods vehicles, trailers and semi-trailers over 1½ tons unladen weight, buses with more than eight seats, taxis in a taximeter area and ambulances, and the issue of Certificates of Roadworthiness, with effect from the 1st January, 1982.