S.I. No. 132/2020 - Road Traffic (National Car Test) (Amendment) Regulations 2020


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th April, 2020.

The Minister for Transport, Tourism and Sport, in exercise of the powers conferred on him by section 18 of the Road Traffic Act 1961 (No. 24 of 1961) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order ( S.I. No. 141 of 2011 )), hereby makes the following regulations:

1. These Regulations may be cited as the Road Traffic (National Car Test) (Amendment) Regulations 2020.

2. In these Regulations, “Principal Regulations” means the Road Traffic (National Car Test) Regulations 2017 (S.I. No. 415 of 2017).

3. The Principal Regulations are amended -

(a) in Regulation 2, in the definition of “biennial” -

(i) by the substitution of “ ‘biennial’, in relation to a date, means the date” for “ ‘biennial’ means a date”, and

(ii) by the substitution of “that date” for “a test due date”,

(b) in Regulation 3, in paragraph (3) -

(i) by the substitution of “Subject to paragraph (3A), where,” for “Where,”, and

(ii) by the insertion of the following paragraph after paragraph (3):

“(3A) Where Regulation 3A applies -

(a) each reference in paragraph (3)(a) to “the tenth anniversary of first registration of the vehicle” shall be read as a reference to “the date that is 4 months after the tenth anniversary of first registration of the vehicle”,

(b) each reference in paragraphs (3)(b)(i) and (ii) to “the tenth anniversary of first registration of the vehicle” shall be read as a reference to “the date that is 4 months after the tenth anniversary of first registration of the vehicle”, and

(c) the reference in paragraph (3)(b)(iii) to “the thirtieth anniversary of first registration of the vehicle” shall be read as a reference to “the date that is 4 months after the thirtieth anniversary of first registration of the vehicle”,

(c) by the insertion of the following Regulations after Regulation 3:

“3A. Notwithstanding Regulation 3 and subject to Regulation 3B, the test due date for a vehicle to which Regulation 3 applies is the date that is 4 months after each date that is determined in accordance with Regulation 3 to be a test due date for the vehicle.

3B. Regulation 3A applies in respect of a vehicle referred to in that Regulation where -

(a) there was in force on 28 March 2020 a test certificate in respect of the vehicle, or

(b) the first test due date for the vehicle, determined in accordance with Regulation 3, is a date during the period beginning on 28 March 2020 and ending on 31 July 2020.”,

(d) in Regulation 11, by the insertion of the following paragraph after paragraph (10):

“(11) Where a test certificate was, on 28 March 2020, in force in respect of a vehicle to which Regulation 3A applies, the expiry date of the certificate and of the test disc that forms part of that certificate shall be the date that is 4 months after the expiry date referred to in that certificate and that disc.”,

and

(e) in Regulation 13(1), by the deletion of the words “to which it relates”.

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GIVEN under the Official Seal of the Minister for Transport, Tourism and Sport,

20 April, 2020.

SHANE ROSS,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Road Traffic (National Car Test) Regulations 2017 (S.I. No. 415 of 2017) to provide that a 4 month extension is given to test due dates for vehicles with a test certificate in force on 28 March 2020, or to vehicles with a first test due falling during the period beginning on 28 March 2020 and ending on 31 July 2020.