S.I. No. 208/1998 - Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1998

S.I. No. 208 of 1998.

ROAD VEHICLES (REGISTRATION AND LICENSING) (AMENDMENT) REGULATIONS, 1998

The Minister for the Environment and Local Government in exercise of the powers conferred on him by sections 5 and 12 of the Roads Act, 1920, section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952), section 123 of the Road Traffic Act, 1961 (No. 24 of 1961), section 65 of the Finance Act, 1976 (No. 16 of 1976), section 19 of the Finance (No. 2) Act, 1992 (No. 28 of 1992) hereby makes the following Regulations:-

1. (1) These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1998.

(2) These Regulations and the Road Vehicles (Registration and Licensing Regulations, 1992 to 1997 shall be construed as one and may be cited together as the Road Vehicles (Registration and Licensing) Regulations, 1992 to 1998.

(3) These Regulations shall come into operation on the 1st day of August, 1998.

(4) In these Regulations -

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

"the (No. 2) Regulations of 1992" means the Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations, 1992 ( S.I. No. 409 of 1992 );

2. The Regulations of 1992 are hereby amended by:-

(1) the insertion after licensing authority" in article 2(5) of "if so requested by that authority".

(2) the addition of the following article after article 11:-

" 11A The Minister or a licensing authority may, in their absolute discretion notwithstanding any deficiency in the completion thereof, accept a Form R.F.2, vehicle licensing certificate or registration book which has not been completed in accordance with article 10 or article 11 and such Form R.F.2 vehicle licensing certificate or registration book shall be deemed to be duly delivered to the Minister or licensing authority in accordance with these Regulations and the date of receipt shall be the date of change of ownership recorded in the licensing record.".

(3) the substitution of the following for article 15(1):-

" (1) A refund in respect of the duty paid on an application made pursuant to article 14(1) of these Regulations may be made by the licensing authority at the rate of one-twelfth of the full annual rate of duty for every month of the licensing period unexpired at the time of surrender of the licence or for every month of the licensing period unexpired when the vehicle was stolen, scrapped or destroyed, as appropriate.".

(4) the substitution of "one-twelfth" for "eight per cent" in article 15(3)(b).

(5) the substitution of "28.5 per cent or 56 per cent" for "27.5 percent or 55 percent" in article 26.

(6) the insertion of the following article after article 28:-.

"29. Notwithstanding anything contained in these Regulations, a licensing authority may, in its absolute discretion notwithstanding any deficiency in the completion thereof, accept a prescribed declaration which has not been completed in accordance with these Regulations.".

3. The (No. 2) Regulations of 1992 are hereby amended by:-

(1) the insertion of ", if demanded by that authority," after "licensing authority" in article 5(2).

(2) the substitution of "motor trader" for "dealer" in article 6(1).

Given under the Official Seal of the Minister for the Environment and Local Government this 23rd day of June 1998.

Noel Dempsey

Minister for the Environment and Local Government

EXPLANATORY NOTE

These Regulations allow the acceptance of incomplete prescribed forms, change the basis for the calculation of refunds, fix a 1 % rise in quarterly and half-yearly tax discs and make certain other technical amendments so as to facilitate administrative simplification.

The Regulations come into operation on 1st August, 1998.