S.I. No. 357/1991 - Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1991.

S.I. No. 357 of 1991.

ROAD VEHICLES (REGISTRATION AND LICENSING) (AMENDMENT) (No. 2) REGULATIONS 1991.

The Minister for the Environment, in exercise of the powers conferred on him by sections 5, 6 and 12 of the Roads Act, 1920 hereby makes the following Regulations:

1. ( a ) These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations, 1991.

( b ) These Regulations and the Road Vehicles (Registration and Licensing) Regulations, 1982 to 1991 shall be construed as one and may be cited together as the Road Vehicles (Registration and Licensing) Regulations, 1982 to 1991.

( c ) These Regulations shall come into operation on the 1st day of January, 1992.

2. The Road Vehicles (Registration and Licensing) Regulations, 1982 ( S.I. No. 311 of 1982 ) are hereby amended by:

( a ) the substitution of the following definitions for the corresponding definitions in Article 1 (4) thereof—

"bicycle" means a mechanically propelled bicycle (including a motor scooter, a bicyle with an attachment for propelling it by mechanical power and a mechanically propelled bicycle used for drawing a trailer or sidecar) not exceeding 500 kilograms in weight unladen;';

"invalid carriage" means a vehicle to which paragraph ( f ) of Section 1 (4) of the Act of 1952 applies;';

"pedestrian controlled vehicle" means a vehicle to which sub-paragraph 1 (c) of Part 1 of the Schedule to the Act of 1952 applies;';

( b ) the substitution of the following paragraph for paragraph (b) of article 3 thereof:—

"(b) enter upon such licence before issue thereof such particulars as the Minister may from time to time direct";

( c ) the addition of the following sub-article to article 6 thereof:—

"(9) Notwithstanding the provisions of sub-article (2) of this article, a licensing authority may, at their discretion, issue a licence notwithstanding the non-delivery of the registration book where the application for the licence does not comprise the registration book";

( d ) the substitution of the following sub-article for sub-article (7) of article 10 thereof:—

"(7) If on receipt of a registration book, as provided for in sub-article (2) of this article, the licensing authority whose name last appears in the registration book is not the appropriate licensing authority, the recipient licensing authority shall arrange forthwith to have the register duly noted as at paragraph (a) of sub-article (5) of this article and furnished to the appropriate licensing authority";

( e ) the substitution of the following sub-articles for sub-article (3) of article 25 thereof:—

"(3) The identification mark to be assigned to a vehicle on first registration in the State shall, save as otherwise provided at sub-article (5) of this article, consist of—

( a ) the third and fourth numerals of the year in which the vehicle is first brought into use,

( b ) an index mark allotted to that licensing authority, and

( c ) the number under which the vehicle is registered with the licensing authority.

(4) ( a ) A determination by a licensing authority for the purposes of this article as to the year in which a vehicle is brought into use shall, subject to paragraph (b) of this sub-article, be on the basis of a relevant declaration made by the applicant for a licence.

( b ) Where a licensing authority have reason to believe that a declaration made by a person for the purposes of this article is false or misleading or inaccurate in any material respect in relation to the year in which the vehicle is first brought into use the authority shall make a determination as to the year in which the vehicle is first brought into use by reference to such matters which are, in the opinion of the authority, fair and reasonable in the circumstances of the case.

(5) ( a ) The identification mark to be assigned to a vehicle to which this sub-article applies shall consist of the index mark ZV and a number assigned to the vehicle by the licensing authority.

( b ) This sub-article applies to a vehicle in relation to which:—

(i) an application for a first licence is being made or where first registration in the State took place on or after the 1st day of January, 1987, and

(ii) the applicant for a licence satisfies the licensing authority that the vehicle was constructed more than 30 years prior to the commencement of the period in respect of which the licence is sought, and

(iii) the applicant for a licence requests the assignment of an identification mark which incorporates the letters ZV as an index mark.

(6) An identification mark assigned to a vehicle in accordance with this article shall remain assigned to the vehicle and no other such marks shall be assigned to the vehicle save in such circumstances as may be determined by the Minister";

( h ) the insertion into the Second Schedule thereto of the following:—

(i) the addition of the following paragraph to Part 1 of the Third Schedule thereto:—

"10. The provisions of this Part of this Schedule shall be deemed to be complied with if the identification mark exhibited on the vehicle complies with the provisions of Part III of this Schedule";

( j ) the deletion of paragraph 24 of Part III of the Third Schedule thereto and the substitution of the following paragraph to that Part:—

"24. The provisions of this Part and Part II of this Schedule shall be deemed to be complied with in relation to an identification mark which incorporates the index mark ZV if the identification mark exhibited on the vehicle complies with the provisions of Part 1 of this Schedule";

( k ) the substitution of "£5" for "£3" in the Fourth Schedule thereto.

GIVEN under the Official Seal of the Minister for the Environment

this 20th day of December, 1991.

RORY O'HANLON,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations provide for a clearer legal framework for the allocation of registration numbers (including year numerals) for vehicles on the basis of the year of first use of the vehicles concerned. Such vehicles include imported used vehicles; and vehicles declared "new" which were used unregistered, prior to the year of registration in the State.

The Regulations also provide for the allocation of special registration numbers (unused ZV series) to veteran and vintage cars (over 30 years old). Such cars will be allowed to display numbers on old style (pre 1987) plates.

The Regulations also allow cars registered prior to 1st January, 1987 to display registration plates incorporating EC flag and the name of city/county of registration in the Irish language.

The Regulations also increase (from £3 to £5) the fee payable for extracts from the register of vehicle particulars (registered owner for tax purposes, insurer etc.) maintained by licensing authorities.

The Regulations also incorporate a number of technical amendments.