S.I. No. 340/1986 - Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations, 1986.

S.I. No. 340 of 1986.

ROAD TRAFFIC (LICENSING OF DRIVERS) (AMENDMENT) (No. 2) REGULATIONS, 1986.

The Minister for the Environment in exercise of the powers conferred on him by sections 5 , 32 , 34 and 42 of the Road Traffic Act, 1961 (No. 24 of 1961) and section 33 of that Act as amended by section 21 of the Road Traffic Act, 1968 (No. 25 of 1968) hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations, 1986.

(2) These Regulations and the Road Traffic (Licensing of Drivers) Regulations, 1964 to 1986 shall be construed as one and the expression the Road Traffic (Licensing of Drivers) Regulations, 1964 to 1986 shall include these Regulations.

(3) In these Regulations—

"ophthalmic optician" means a member of the Association of Ophthalmic Opticians of Ireland;

"the Principal Regulations" means the Road Traffic (Licensing of Drivers) Regulations, 1964 ( S.I. No. 29 of 1964 );

"the Regulations of 1966" means the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1966 ( S.I. No. 47 of 1966 );

"the Regulations of 1981" means the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1981 ( S.I. No. 198 of 1981 ).

2. These Regulations shall come into operation on the 3rd day of November, 1986.

3. Article 4 of the Principal Regulations is hereby amended by the addition after sub-article (2) of the following sub-article—

"(3) (a) A reference to a scheduled form shall be construed as a reference to such one of the forms specified in the Fourth Schedule to these Regulations as is applicable to the case.

(b) The forms specified in the said Fourth Schedule shall be in terms approved by the Minister from time to time.".

4. The Principal Regulations are hereby amended by the insertion, after article 8, of the following article—

"8A. (1) Subject to sub-article (2) of this article, any of the diseases or disabilities specified in the Fifth Schedule to these Regulations shall be a disease or disability for the purposes of sub-section (1) of section 32 of the Act such that a sufferer therefrom shall be disqualified for holding any driving licence whatsoever.

(2) Sub-article (1) of this article shall not have effect so as to disqualify a person who held a driving licence for a class or classes of vehicle within the period of five years preceding the 1st day of January, 1983 for holding a licence in respect of that class or classes of vehicle.".

5. Article 15 of the Principal Regulations as amended by article 5 of the Regulations of 1981 is hereby further amended as follows;—

(a) by the substitution for sub-article (1) of the following sub-article—

"(1) An application for a driving licence shall be made on a scheduled form and the applicant shall furnish the information and make the declaration indicated on that form.",

(b) by the substitution for sub-article (2) of the following sub-article—

"(2) Unless an application for a driving licence is accompanied by a certificate of fitness in pursuance of paragraphs (f) or (g) of sub-article (4) of this article or the applicant is a person to whom sub-article (5) of this article applies, the application shall contain a declaration by the applicant that to the best of his knowledge and belief he is not suffering from any of the diseases or disabilities specified in the fifth and Sixth Schedules to these Regulations, that he has not suffered in the past from epilepsy or chronic alcoholism and that he is not taking, on a regular basis, drugs or medicaments which would be likely to cause the driving of a vehicle by him in a public place to be a source of danger to the public." and

(c) by the substitution in paragraph (g) of sub-article (4) of the words "certificate of fitness" for the words "medical certificate in the form set out in Part I of the Third Schedule to these Regulations".

6. Article 18 of the Principal Regulations is hereby amended by the insertion after "31" and before "34" of "32".

7. Article 22 of the Principal Regulations as amended by article 7 of the Regulations of 1966 and article 7 of the Regulations of 1981 is hereby further amended as follows:—

(a) by the substitution for sub-article (1) of the following sub-article—

"(1) An application for a provisional licence shall be made on a scheduled form and the applicant shall furnish the information and make the declaration indicated on that form.",

(b) by the substitution for sub-article (3) of the following article—

"(3) Unless an application for a provisional licence is accompanied by a certificate of fitness in pursuance of paragraph (e) of sub-article (5) of this article or the applicant is a person to whom sub-article (6) of this article applies, the application shall contain a declaration by the applicant that to the best of his knowledge and belief he is not suffering from any of the diseases or disabilities specified in the Fifth and Sixth Schedules to these Regulations, that he has not suffered in the past from epilepsy or chronic alcoholism and that he is not taking, on a regular basis, drugs or medicaments which would be likely to cause the driving of a vehicle by him in a public place to be a source of danger to the public." and

(c) by the deletion of paragraph (f) of sub-article (5).

8. The following article is hereby substituted for article 30 of the Principal Regulations:—

"30. (1) An application for a certificate of competency shall be made on a scheduled form and the applicant shall furnish the information and make the declaration indicated on that form.

(2) An application for a certificate of competency in respect of vehicles of Class A, Class B, Class C or Class G shall be accompanied by an eyesight report unless

(a) a certificate of fitness was issued to the applicant in respect of the class or classes of vehicle in relation to which the application for a certificate of competency is made and the issuing authority is satisfied that such certificate of fitness is still valid, or

(b) the applicant had, within a period of two years prior to the date of such application made a previous application for a certificate of competency which was accompanied by an eyesight report.

(3) In this article "an eyesight report" means a report on a scheduled form from an ophthalmic optician or a registered medical practitioner which satisfies the issuing authority that the eyesight of an applicant for a certificate of competency, or in the case of an applicant with defective eyesight for the time being corrected, the eyesight of the applicant as so corrected, complies, or does not comply, with the standard set out in the Seventh Schedule to these Regulations.".

9. The following article is hereby substituted for article 35 of the Principal Regulations:—

"35. The aspects of a person's physical and mental condition and the minimum standards of physical and mental fitness specified in the Eight Schedule to these Regulations shall be, for the purposes of Section 34 of the Act, relevant aspects of a person's physical and mental condition which shall be considered in the case of an application for a certificate of fitness.".

10. Article 36 of the Principal Regulations is hereby amended by the substitution for sub-article (1) of the following sub-article:—

"(1) A certificate of Fitness shall be in a scheduled form.".

11. The following article is hereby substituted for article 37 of the Principal Regulations:—

"37. (1) A report by a registered medical practitioner for the purposes of section 34 of the Act shall be made on a scheduled form.

(2) The "prescribed period" referred to in subsection (3) of the said section 34 shall be one month.".

12. Article 39 of the Principal Regulations is hereby amended by the substitution for sub-article (1) of the following sub-article:—

"(1) An application by a person for a driving licence or a provisional licence shall be accompanied by a certificate of fitness where—

(a) the application, being an application for a driving licence, does not contain the declaration specified in sub-article (2) of article 15 of these Regulations,

(b) the application, being an application for a driving licence, is made by a person to whom sub-article (5) of article 15 of these Regulations does not apply,

(c) the application, being an application for a provisional licence, does not contain the declaration specified in sub-article (3) of article 22 of these Regulations,

(d) the application, being an application for a provisional licence, is made by a person to whom sub-article (6) of article 22 of these Regulations does not apply,

(e) the applicant—

(i) is suffering from any of the diseases or disabilities specified in the Sixth Schedule to these Regulations, or

(ii) has suffered in the past from epilepsy or chronic alcoholism, or

(iii) takes, on a regular basis, drugs or medicaments which would be likely to cause the driving of a vehicle by him in a public place to be a source of danger to the public,

(f) the applicant is or will be aged seventy years or more on the commencement day and has not made a previous application accompanied by a certificate of fitness within six months of the commencement day,

(g) the application, being an application for a driving licence for a class or classes of vehicles, is made by a person who is or will be aged 40 years or more on the commencement day and who has sub-normal vision after correction with corrective lenses unless he held a licence for such class or classes of vehicle within the period of five years preceding the 1st day of January, 1983,

(h) a decision on an application by him for a certificate of competency to accompany the application for a driving licence was deferred pending the production of a certificate of fitness,

(i) the application, is an application for a provisional licence for Class D or Class H unless a certificate of fitness was issued to the applicant in respect of either such class and the licensing authority is satisfied that such certificate is still valid, or

(j) the application, being an application for a driving licence for Class E, is required under article 29 of these Regulations to be accompanied by a certificate of competency unless a certificate of fitness was issued to the applicant in respect of Class D or Class H and the licensing authority is satisfied that such certificate is still valid.".

13. Article 40 of the Principal Regulations is hereby amended by the substitution for sub-article (1) of the following sub-article:—

"(1) An application for a certificate of fitness shall be made on a scheduled form and the applicant shall furnish the information and make the declaration indicated on that form.".

14. Parts V, VI, VIII, IX, X and XI of the First Schedule to the Principal Regulations and Part I of the Third Schedule to those Regulations as inserted by the Regulations of 1981 are hereby deleted.

15. The Principal Regulations are hereby further amended as follows:—

(a) by the insertion after Part VI of the following Part—

"PART VII

Miscellaneous Provisions

55. (1) Where an application for a driving licence or a provisional licence is duly made to a licensing authority and the application is required under sub-article (1) of article 39 of these Regulations to be accompanied by a certificate of fitness and such certificate states that the holder must wear corrective lenses while driving a vehicle, the licensing authority shall, when granting such licence, impress the words 'must wear corrective lenses' in red ink on the authorised form set out in Part II or Part IV, as the case may be, of the First Schedule to these Regulations.

(2) Where an application for a driving licence is duly made to a licensing authority and the application is required to be accompanied by a certificate of competency under article 29 of these Regulations and the words 'must wear corrective lenses' are impressed in red ink on such certificate, the licensing authority shall, when granting such licence, impress these words in red ink on the authorised form set out Part II of the First Schedule to these Regulations.

(3) Where a person holds or has held at any time a provisional licence or a driving licence on which the words 'must wear corrective lenses' have been impressed, a licensing authority shall impress these words in the manner provided for under this article on any subsequent provisional licence or driving licence granted to him unless that person produces to the licensing authority with his application for such licence, a report from an ophthalmic optician or a registered medical practitioner so as to satisfy the licensing authority that the wearing of corrective lenses by the applicant while he is driving a vehicle is no longer required.

56. (1) Where a person is issued with a certificate of competency in respect of a vehicle of Class F, the issuing authority shall at the time of issue thereof, note on that certificate the adaptations to a vehicle of such class which are necessary to suit the requirements of his disablement.

(2) Where an application for a driving licence in respect of a vehicle of Class F is duly made to a licensing authority and is accompanied by a certificate of competency on which adaptations to a vehicle of such class have been noted in accordance with sub-article (1) of this article, the licensing authority, when granting such licence, shall note such adaptations on the reverse of page 1 of the form of licence set out in Part I of the First Schedule to these Regulations.

(3) Where adaptations to a vehicle have been noted in accordance with sub-article (2) of this article on a licence granted to a person the licensing authority shall ensure that such adaptations are similarly noted on any subsequent licence granted to him." and

(b) by the addition of the following matter after the Third Schedule—

"FOURTH SCHEDULE

Forms prescribed for the purposes of these Regulations

Form D.305— Application for a driving licence.

Form D.311— Application for a provisional licence.

Form D.401— Application for a certificate of competency and report on eyesight from an ophthalmic optician or registered medical practitioner (to accompany an application for a certificate of competency for vehicles of class A, B, C or G).

Form D.502— Application for a certificate of fitness.

Form D.501— Report of registered medical practitioner for the purposes of section 34 of the Road Traffic Act, 1961 .

Form D.508—Certificate of fitness.

FIFTH SCHEDULE

Diseases or disabilities declared to be diseases or disabilities for the purposes of Section 32 of the Road Traffic Act, 1961

Diplopia.

Defective binocular vision.

Epilepsy.

Chronic alcoholism.

Dependence on psycho-active drugs.

Severe renal deficiency.

SIXTH SCHEDULE

Diseases or disabilities in respect of which a certificate of fitness is required for the purposes of article 39

Any physical disablement which is likely to affect ability to drive safely.

Cardiovascular diseases.

Diabetes.

Encephalitis, multiple sclerosis, myasthenia gravis or hereditary diseases of the nervous system associated with progressive muscular atrophy and congenital myotonic disorders.

Diseases of the peripheral nervous system.

Trauma of the central or peripheral nervous system.

Cerebrovascular diseases.

Lesion with damage to spinal cord and resultant paraplegia.

Mental disturbance due to disease or trauma of, or operation upon the central nervous system.

Severe mental retardation.

Psychosis.

Psychoneurosis or personality disorders.

Serious diseases of the blood.

Any disease of the genito-urinary system which is likely to affect ability to drive safely.

SEVENTH SCHEDULE

Prescribed standard for eyesight for the purposes of section 33 (3A) (as inserted by Section 21 of the Road Traffic Act, 1968 ) of the Road Traffic Act, 1961 in respect of vehicles of Class A, B, C or G.

(a) The person shall have a visual acuity (with corrective lenses, where necessary) of

— not less than 0.4 (6/15) in one eye; or

— not less than 0.5 (6/12) in both eyes together and at least 0.2 (6/30) in the worse eye.

(b) The person shall not suffer from diplopia or defective binocular vision.

(c) The person shall not suffer from a loss of more than 20 degrees in the temporal part of his field of vision.

(d) A person with sight in one eye only shall have a visual acuity (with corrective lenses, where necessary) of at least 0.8 (6/7.5), an unrestricted field of vision in the eye concerned and the monocular vision must have existed for sufficient time to allow adaptation.

EIGHTH SCHEDULE

Aspects of a person's physical and mental condition and minimum standards of physical and mental fitness

Part I—

Eyesight

1. The eyesight of an applicant for a licence to drive a vehicle of any class should be examined with regard to his ability to see to the front, to either side and by means of a mirror or mirrors, to the rear of the vehicle. In doubtful cases, particular attention should be paid to visual acuity, field of vision, night vision and progressive eye diseases. When the wearing of corrective lenses is necessary for driving, this shall be recorded on the report.

2. In the case of an applicant for a licence to drive a vehicle of Classes A, B, C, F or G—

(a) The person shall have a visual acuity (with corrective lenses, where necessary) of

—not less than 0.4 (6/15) in one eye; or

—not less than 0.5 (6/12) in both eyes together and at least 0.2 (6/30) in the worse eye.

(b) The person shall not suffer from diplopia or defective binocular vision.

(c) The person shall not suffer from a loss of more than 20 degrees in the temporal part of his field of vision.

(d) A person with sight in one eye only shall have a visual acuity (with corrective lenses, where necessary) of at least 0.8 (6/7.5), an unrestricted field of vision in the eye concerned and the monocular vision must have existed for sufficient time to allow adaptation.

3. In the case of an applicant for a licence to drive a vehicle of classes D, E or H—

(a) the person shall have binocular vision with a visual acuity (with corrective lenses, where necessary) of at least 0.75 (6/8) in the better eye and of at least 0.5 (6/12) in the worse eye; if corrective lenses are used, the uncorrected vision must be not less than 0. 1 (6/60) and the correction must be tolerated; fitness to drive shall not be certified if, on examination, it is found that the applicant has a restricted field of vision, diplopia or defective binocular vision;

(b) the use of contact lenses may be permitted if approved by the registered medical practitioner.

4. In the case of an applicant for a driving licence to drive a vehicle of any class who is aged 40 years or more and who has sub-normal vision after correction but nevertheless meets the minimum requirements set out in paragraphs 2 or 3 of this part of this Schedule, as applicable, the cause of loss of vision shall be investigated before the person is certified fit to drive. Where a disease of the eye is discovered or suspected, the report shall recommend periodic tests at appropriate intervals.

Part II—

Other aspects of physical and mental fitness

1. General

In the case of an applicant for a licence to drive a vehicle of any class, the medical examination shall take account of the following aspects of his physical and mental condition:

ear conditions (vertigo and labyrinthine conditions)

general physique and physical disabilities

condition of cardiovascular system

condition of haemopoietic system

condition of endocrine system

condition of respiratory system

condition of gastro-intestinal system

condition of genito-urinary system

condition of nervous system

condition of mental system

in so far as any condition or abnormality in any one or more of these aspects would affect his fitness to drive safely vehicles of that class having regard to—

(a) his ability, physically and mentally, to operate efficiently and safely the controls of the vehicle and to continue so to operate the controls over a reasonable period,

(b) his susceptibility to sudden incapacity, such as loss of consciousness, fainting or giddiness, which might affect his ability to operate the controls of the vehicle so as to bring the vehicle to a stop safely, and

(c) his susceptibility to fatigue such that his ability to operate the controls of the vehicle might be seriously impaired.

2. Hearing

In the case of an applicant for a licence to drive a vehicle of classes D, E or H, fitness to drive shall not be certified if his hearing is so deficient that it interferes with the proper discharge of his duties as a driver.

3. General Physique and Physical Disabilities

In the case of an applicant for a licence to drive vehicles of classes D, E or H, the medical examination shall cover the full range of body movements—strength, control and co-ordination—and, in particular, movements of the upper and lower limbs. Fitness to drive shall not be certified if the applicant has any disablement which is likely to prevent the proper and safe control of such vehicles.

4. Cardiovascular Diseases

In the case of an applicant for a licence to drive vehicles of classes D, E or H who suffers from cardiovascular diseases, the medical examination shall take due account of the additional risks and dangers involved in the driving of such vehicles.

5. Endocrine Disorders

(1) In the case of an applicant for a licence to drive vehicles of classes A, B, C, F or G who suffers from diabetes, fitness to drive shall be certified only for a limited period so as to ensure that the applicant remains under medical supervision. Fitness to drive shall not, however, be certified where the applicant is affected by ocular, nervous or cardiovascular complications or uncompensated acidosis.

(2) In the case of an applicant for a licence to drive vehicles of classes D, E or H who sufers from diabetes, fitness to drive shall not be certified if the applicant needs insulin treatment.

6. Diseases of the Nervous System

(1) In the case of an applicant for a licence to drive a vehicle of any class who suffers from—

(a) encephalitis, multiple sclerosis, myasthenia gravis or hereditary diseases of the nervous system associated with progressive muscular atrophy and congenital myotonic disorders,

(b) diseases of the peripheral nervous system, or

(c) trauma of the central or peripheral nervous system, fitness to drive shall be certified only for a limited period so as to ensure that the applicant remains under medical supervision.

(2) In the case of an applicant for a licence to drive a vehicle of classes A, B, C, F or G who has suffered from epilepsy, fitness to drive may be certified only—

(a) where the applicant has not suffered an epileptic attack for at least two years, and

(b) for a limited period so as to ensure that the applicant remains under medical supervision.

(3) In the case of an applicant for a licence to drive a vehicle of any class, other than classes D, E, or H, who suffers from a cerebrovascular disease, fitness to drive may be certified—

(a) provided that, where necessary, the controls of the vehicle to be driven are suitably rearranged or modified or a suitable special type of vehicle is used, and

(b) for a limited period so as to ensure that the applicant remains under medical supervision.

(4) In the case of an applicant for a licence to drive a vehicle of any class, other than classes D, E or H, who has suffered a lesion with damage to the spinal cord and resultant paraplegia, fitness to drive may be certified subject to the vehicle to be driven being fitted with special controls.

(5) In the case of an applicant for a licence to drive a vehicle of classes D, E or H, fitness to drive shall not be certified where the applicant suffers or has at any time suffered from epilepsy, a cerebrovascular disease or a lesion with damage to the spinal cord and resultant paraplegia.

7. Mental Disorders

In the case of an applicant for a licence to drive a vehicle of any class, the medical examination shall take due account of—

(a) mental disturbance due to disease or trauma of, or operation upon the central nervous system,

(b) severe mental retardation,

(c) psychosis, which in particular has caused general paralysis, or

(d) psychoneurosis or personality disorders.

Special attention should be paid to the additional risks and dangers involved in driving vehicles of classes D, E and H.

8. Alcohol

In the case of an applicant for a licence to drive a vehicle of any class, fitness to drive shall not be certified if he is suffering from chronic alcoholism. If there is a past history of chronic alcoholism, fitness to drive shall be certified only for a limited period so as to ensure that the applicant remains under medical supervision.

Special attention should be paid to the additional risks and dangers involved in driving vehicles of classes D, E and H.

9. Drugs and Medicaments

In the case of an applicant for a licence to drive a vehicle of any class, due account shall be taken of the potential effects on the applicant's ability to drive safely where drugs or medicaments are taken by him on a regular basis. Fitness to drive shall not be certified if the applicant is dependent on psycho-active drugs.

Special attention should be paid to the additional risks involved in driving vehicles of classes D, E and H.

10. Diseases of the Blood

In the case of an applicant for a licence to drive a vehicle of any class, special attention shall be paid to serious diseases of the blood.

11. Diseases of the Genito-Urinary System

In the case of an applicant for a licence to drive a vehicle of any class, fitness to drive shall not be certified where the applicant suffers from severe renal deficiency.".

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

25th day of October, 1986.

JOHN BOLAND,

Minister for the Environment.

EXPLANATORY NOTE.

The purpose of these regulations is to give effect to article 6 of Council Directive 80/1263/EEC to the extent that persons applying for driving licences will have to meet the standards of physical (including eyesight) and mental fitness set out in the Directive.