S.I. No. 303/2013 - Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2013.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th August, 2013.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 18 of the Road Traffic Act 1961 (No. 24 of 1961) and section 2 of the Road Traffic Act 2006 (No. 23 of 2006) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )), hereby make the following regulations:

1. These Regulations may be cited as the Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2013.

2. In these Regulations “Regulations of 2011” means Road Traffic (National Car Test) (Amendment) Regulations 2011 ( S.I. No. 623 of 2011 ).

3. The Road Traffic (National Car Test) Regulations 2009 ( S.I. No. 567 of 2009 ) is amended—

(a) in Regulation 2(1), by substituting for the definition of “age” (inserted by Regulation 3 of the Regulations of 2011) the following:

“age” in relation to a vehicle, means the period of time that has elapsed since the date the vehicle was first registered or first entered into service, as the case may be;”,

and

(b) by substituting for Regulation 3 (as amended by Regulation 4 of the Regulations of 2011 and the Road Traffic (National Car Test) (Amendment) Regulations 2013 ( S.I. No. 10 of 2013 )) the following:

“3.(1) Section 18 and these Regulations apply to a vehicle, other than a small public service vehicle or a vehicle mentioned in paragraph (5)—

(a) in case the vehicle was first registered—

(i) before 1 January 1992, from the anniversary of first registration of the vehicle which occurred in the year 2000,

(ii) during the period from 1 January 1992 until 31 December 1996, from the anniversary of first registration of the vehicle which occurred in the year 2001, or

(iii) during the period from 1 January 1997 until 31 December 1998, from the anniversary of first registration of the vehicle which occurred in the year 2002,

(b) in case the vehicle was entered into service or was registered outside the State or is or was required to be registered under the law of another jurisdiction and is brought into the State, other than temporarily where the vehicle is the subject of an exemption under section 135 of the Finance Act 1992 (No. 9 of 1992), in circumstances which require the vehicle under section 131 of that Act to be registered in the State—

(i) where the age of the vehicle is 4 years or greater on the date it is brought into the State, from that date, or

(ii) if the age of the vehicle is less than 4 years on the date it is brought into the State, from the date on which the vehicle attains 4 years of age, or

(c) in any other case, from the fourth anniversary of the first registration of the vehicle.

(2) The test due dates for a vehicle mentioned in paragraph (1) are—

(a) for a vehicle referred to in subparagraph (a) or (c) of paragraph (1), the anniversary date mentioned in the relevant subparagraph and—

(i) until the tenth anniversary of first registration of the vehicle, each subsequent biennial of that date, and

(ii) from the tenth anniversary of first registration of the vehicle, each subsequent anniversary of that date,

(b) for a vehicle referred to in paragraph (1)(b)—

(i) where clause (i) of subparagraph (b) refers, the date on which it is brought into the State, and

(ii) where clause (ii) of subparagraph (b) refers, the date on which the vehicle attains 4 years of age,

and—

(I) until the tenth anniversary of its first registration or entry into service, as the case may be, outside the State, each subsequent biennial of that date, and

(II) from the tenth anniversary of its first registration or entry into service, as the case may be, outside the State, each subsequent anniversary of that date.

(3) Section 18 and these Regulations apply to—

(a) a small public service vehicle, other than a new small public service vehicle, from the date an application is made in accordance with regulations made under section 34 of the Taxi Regulation Act 2003 for a small public service vehicle licence in respect of the vehicle, and

(b) a new small public service vehicle, on the anniversary of the grant of a small public service vehicle licence under regulations made under that section in respect of the vehicle.

(4) The test due date for a small public service vehicle is—

(a) in the case of a vehicle referred to in subparagraph (a) of paragraph (3), the date mentioned in that subparagraph and each subsequent anniversary of that date,

(b) in the case of a vehicle referred to in subparagraph (b) of paragraph (3), the anniversary mentioned in that subparagraph and each subsequent anniversary,

until the tenth anniversary of its first registration when the test due date for the vehicle is the day of the expiration of the period of 6 months from its previous test due date.

(5) Section 18 and these Regulations do not apply to a vehicle—

(a) first registered prior to 1 January 1980,

(b) which is used solely on an off-shore island,

(c) on the day on which a test certificate in respect of the vehicle had been refused, or

(d) which is owned or operated by the Garda Síochána or the Defence Forces.”.

4. The Road Traffic (National Car Test) (Amendment) Regulations 2013 ( S.I. No. 10 of 2013 ) are revoked.

GIVEN under my Official Seal,

6 August 2013.

LEO VARADKAR T.D.,

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 2009 [S.I. 567 of 2009) and the Road Traffic (National Car Test) (Amendment) Regulations 2011 (S.I. 623 of 2011) and revoke the Road Traffic (National Car Test) (Amendment) Regulations 2013 (S.I. 10 of 2013).