S.I. No. 23/1993 - Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1993.

S.I. No. 23 of 1993.

ROAD VEHICLES (REGISTRATION AND LICENSING) (AMENDMENT) REGULATIONS, 1993.

The Minister for the Environment in exercise of the powers conferred on him by sections 5 and 12 of the Roads Act, 1920, sections 1 and 3 of the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952), section 20 of the Finance Act, 1958 (No. 25 of 1958), section 4 of the Finance (Excise Duties) (Vehicles) (Amendment) Act, 1960 (No. 1 of 1960 ), section 21 of the Finance Act, 1960 (No. 19 of 1960), sections 3 and 123 of the Road Traffic Act, 1961 (No. 24 of 1961), sections 65 and 77 of the Finance Act, 1976 (No. 16 of 1976) and sections 19 , 20 and 21 of the Finance (No. 2) Act, 1992 (No. 28 of 1992), hereby makes the following Regulations:—

1 Citation, Interpretation.

1. (1) These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1993.

(2) These Regulations and the Road Vehicles (Registration and Licensing) Regulations 1992, shall be construed as one and may be cited together as the Road Vehicles (Registration and Licensing) Regulations 1992 and 1993.

(3) In these Regulations, "the Principal Regulations" means the Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1992 ( S.I. No. 385 of 1992 ).

(4) Sub-article (5) of Article 1 of the Principal Regulations is hereby amended by the insertion of the following definition after the definition of "registration certificate":—

" 'registered owner' means—

(1) an owner whose name is most recently entered in a licensing record maintained by the Minister or the licensing authority under Article 22 of these Regulations, or

(2) where the vehicle is used under a trade licence, the holder of the licence.".

(5) Any reference to "owner" in the Principal Regulations shall be deemed to be a reference to "registered owner" save where the context otherwise requires.

2 Prescribed trade licence.

2. The Schedule hereto shall be substituted for the Schedule to the Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations, 1992 ( S.I. No. 409 of 1992 ).

3 Non-payment of surcharge.

3. The following sub-article shall be substituted for sub-article (4) of article 11 of the Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1992 ( S.I. No. 409 of 1992 ):

"(4) Where the date of entry in the register is within 7 working days of the end of a calendar month, any arrears of duty for that month shall be calculated at the rate of 1/12th of the annual rate but without any adjustment for the charge referred to in sub-article (1) of this Article, provided the application for a first licence under section 1 of the Act of 1952 is made in the calendar month following the relevant date of entry in the register.".

4 Prescribed forms.

4. (1) The Second Schedule to the Principal Regulations is hereby amended by the insertion after "Form R.F. 102 Declaration, application for a licence for a vintage or veteran vehicle." of the following:

(2) Any person who makes a declaration on prescribed form R.F. 103 or R.F. 104 which, to his knowledge, is false or in any material respect misleading, shall be guilty of an offence.

SCHEDULE

Article 6

PRESCRIBED FORM OF TRADE LICENCE

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

this 29th day of January, 1993.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations incorporate a number of technical amendments relating to the licensing of vehicles on or after 1 January, 1993.

The Regulations amend the prescribed format of trade licence plate to be used by the motor trade (as regards positioning of a validating hologram).

The Regulations also provide that a motor vehicle registered on or after 1 January, 1993 shall not be liable to surcharge (in addition to motor tax) where registration takes place within 7 days prior to the end of the month and the vehicle is first licensed at any time during the following calendar month.

The Regulations further prescribe statutory declarations to be completed by certain applicants for motor vehicle licences; and provide that the making of false or misleading declarations shall be an offence.