S.I. No. 227/1986 - Road Traffic (Insurance Disc) (Amendment) Regulations, 1986.


S.I. No. 227 of 1986.

ROAD TRAFFIC (INSURANCE DISC) (AMENDMENT) REGULATIONS, 1986.

The Minister for the Environment in exercise of the powers conferred on him by sections 5 and 11 of the Road Traffic Act, 1961 (No. 24 of 1961), hereby makes the following Regulations.

1. (1) These Regulations may be cited as the Road Traffic (Insurance Disc) (Amendment) Regulations, 1986.

(2) The Road Traffic (Insurance Disc) Regulations 1984 and these Regulations shall be construed as one and may be cited together as the Road Traffic (Insurance Disc) Regulations, 1984 to 1986.

(3) These Regulations shall come into operation on the 1st day of July, 1986.

2. In these Regulations, "the Principal Regulations" means the Road Traffic (Insurance Disc) Regulations 1984 ( S.I. No. 355 of 1984 ).

3. Article 1 of the Principal Regulations is hereby amended by—

(1) the deletion of the definition of "fleet owner" and the substitution of the following definition—

' "fleet owner" in relation to vehicles means a person who keeps five, or more, vehicles; '

(2) the insertion between the definitions of "motor-cycle" and "trade licence" of the following definition—

' "owner" when used in relation to a vehicle which is the subject of a hire purchase or leasing agreement means the person in possession of the vehicle under such agreement.'

4. The following article is hereby substituted for article 5 of the Principal Regulations—

"5. (1) A person shall not use a vehicle in a public place, after the expiration of a period of ten days commencing on the date of authentication of the certificate of insurance, unless the vehicle carries an insurance disc in the manner specified in sub-article (2) of this article.

(2) The insurance disc shall be carried in a conspicuous position on the windscreen of the vehicle in such manner that it shall be both visible and readily accessible for inspection and be so located that it does not obscure the vision of the driver while the vehicle is being driven or in the case of a vehicle not fitted with a windscreen in a conspicuous position on the near side of the vehicle.

(3) Where a person contravenes sub-article (1) of this article he, and if he is not the owner of the vehicle, such owner, shall each be guilty of an offence.

(4) Where a person who contravenes sub-article (1) of this article is not the owner of the vehicle and the owner is charged with an offence under this article, it shall be a good defence to the charge for such owner to show that the use of the vehicle on the occasion in question was unauthorised."

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

26th day of June, 1986.

JOHN BOLAND,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations provide for amendments of Regulations made in 1984 which require drivers of most motor vehicles to display a windscreen insurance disc, when the vehicles are being used in a public place on or after 1st July, 1986. The amendments reduce the number of vehicles required to qualify for a fleet owner's disc (from ten vehicles to five vehicles); clarify "ownership" of vehicle, for the purpose of the Regulations, in the case of vehicles held under lease or hire purchase agreements; and clarify the liability of a vehicle owner to penalty for non-display of the disc when the vehicle is used by another person, with the owner's consent.