S.I. No. 234/1984 - European Communities (Licensing of Drivers) Regulations, 1984.


S.I. No. 234 of 1984.

EUROPEAN COMMUNITIES (LICENSING OF DRIVERS) REGULATIONS, 1984.

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. 80/1263/EEC* hereby makes the following Regulations:—

* OJ No. L375/1 31/12/80

1. These Regulations may be cited as the European Communities (Licensing of Drivers) Regulations, 1984.

2. These Regulations shall come into operation on the 1st day of October, 1984.

3. In these Regulations:—

"the Act" means the Road Traffic Act, 1961 (No. 24 of 1961) as amended by the Road Traffic Act, 1968 (No. 25 of 1968), the Road Traffic (Amendment) Act, 1978 (No. 19 of 1978) and the Road Traffic (Amendment) Act, 1984 (No. 16 of 1984);

"driving licence" has the meaning specified in subsection (1) of section 22 of the Act;

"national driving licence" means a licence to drive a vehicle (not being a licence issued to a person to enable him to learn to drive) issued by the competent authority of a Member State, other than Ireland, of the European Economic Communities;

"public place" has the meaning specified in subsection (1) of section 3 of the Act;

"vehicle" means a mechanically propelled vehicle as defined in subsection (1) of section 3 of the Act.

4. Subject to the provisions of article 5 of these Regulations, upon taking up normal residence in the State, a person who holds a valid national driving licence may drive in a public place any vehicle which he is licensed by such licence to drive until the expiry of—

( a ) the period for which such licence has effect, or

( b ) one year from the date of taking up such residence, whichever first occurs.

5. Sections 26, 27, 28, 29, 30, 31, 32, 36, 37, 38, 39, subsections 1, 2, 3, 4 and 6 of section 40 and section 41 of the Act shall apply as respects a national driving licence to which article 4 of these Regulations applies in like manner as they apply to a driving licence.

6. The provisions of articles 45, 46 and 47 of the Road Traffic (Licensing of Drivers) Regulations, 1964 ( S.I. No. 29 of 1964 ) as amended respectively by articles 12, 13 and 14 of the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1969 ( S.I. No. 140 of 1969 ) shall apply to the endorsement of a national driving licence in like manner as they apply to a driving licence save that the officer of the court to whom the licence is delivered for endorsement, shall after making the endorsement, return the licence to the holder.

GIVEN under the Official Seal of the Minister for the Environment this 13th

day of September, 1984.

LIAM KAVANAGH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations give effect to Article 8 of Council directive 80/1263/EEC (Driver Licensing) to the extent that they provide that a person who holds a valid national driving licence issued by a Member State of the European Communities (other than Ireland) may, for a period not exceeding twelve months after taking up normal residence in the State, drive any vehicle which he is licensed by such licence to drive. The Regulations further provide that, with minor modifications, Irish law shall apply to such licences in like manner as it applies to an Irish licence.