S.I. No. 413/2017 - Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) Regulations 2017.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th September, 2017.

I, SHANE ROSS, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by sections 4 , 5 , 9 , 28 and 38 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (No. 16 of 2012) and for the purpose of giving effect to Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014¹ hereby make the following regulations:

1. (1) These Regulations may be cited as the Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) Regulations 2017.

(2) Subject to paragraph (3), these Regulations come into operation on 20 May 2018.

(3) Regulations 4 and 8 come into operation on insofar as they relate to the substitution of Regulations 4(2) and 9 of the Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations respectively.

2. In these Regulations “Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations” means the Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations 2013 ( S.I. No. 347 of 2013 ).

3. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended in Regulation 3 by:

(a) deleting the definitions of “category”, “periodic CVR test”, “Regulations of 2004”, “Regulations of 2013”, “re-test”, ”Roadworthiness Directive”, “test due date”, “trailer” and “Type-approval Framework Directive”; and

(b) inserting the following definitions:

“’Agricultural Vehicle Type-approval Framework Regulation’ means Regulation (EU) No. 167/2013 of the European Parliament and of the Council of 5 February 2013² on the approval and market surveillance of agricultural and forestry vehicles, as last amended by Regulation (EU) No. 2016/1788³ ;

‘category’,

(a) in relation to a vehicle other than a tractor, means a category of vehicle within the meaning of Annex II to the Type-approval Framework Directive and references to particular categories of vehicle are to those categories of vehicle specified in that Annex, or

(b) in relation to a tractor, means a Category T vehicle within the meaning of Article 4 of the Agricultural Vehicle Type-approval Framework Regulation;

‘commercial road haulage’ means carriage of goods or passengers for hire and reward and carriage of goods by a person in the course of a trade or business carried on by him for the purpose of delivery to a customer in a vehicle owned by that person;

‘converted vehicle’ means a vehicle which, having undergone a post registration conversion, has changed category and has become a CVR vehicle;

‘date of conversion’ means, in the case of a converted vehicle, the date recorded on the Declaration of Conversion submitted to the issuing authority and subsequently entered into the CVR information system;

‘Declaration of Conversion’ means the declaration of conversion of a vehicle submitted to the issuing authority or the Revenue Commissioners in accordance with section 131 of the Finance Act 1992 ;

‘periodic CVR test’ means a test carried out on a vehicle in accordance with Regulation 16, other than a re-test, a partial CVR test or a recall test, and includes a test carried out on a vehicle on its first test due date;

‘post registration conversion’ means the conversion of a vehicle after the date of first registration such that it changes category and becomes a CVR vehicle with updated registration details;

‘Regulations of 2013’ means the Commercial Vehicle Roadworthiness (Vehicle Testing) Regulations 2013 ( S.I. No. 106 of 2013 ) as amended;

‘re-test’ means any test subsequent to a periodic CVR test which is carried out on a vehicle in accordance with Regulation 16 on foot of the refusal of a pass statement for that vehicle at the periodic CVR test where:

(a) the subsequent test is carried out on a day which is not more than 21 calendar days immediately after the day of the periodic CVR test, and

(b) the reading of the vehicles odometer at presentation for the subsequent test is no more than 4,000 kilometres greater than the reading at the time when the periodic CVR test was carried out;

‘Roadworthiness Directive’ means Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014¹;

‘test due date’ shall be construed in accordance with Regulations 5 to 9B;

‘trailer’ means a vehicle attached to a mechanically propelled vehicle (or to another vehicle attached to a mechanically propelled vehicle) or a vehicle constructed or adapted for the purpose of being drawn by a mechanically propelled vehicle and for the purposes of these Regulations includes:

(a) goods trailers, and

(b) trailers designed and constructed for the carriage of persons, as well as for the accommodation of persons, having a design gross vehicle weight exceeding 3,500 kilograms;

‘Type-approval Framework Directive’ means Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007⁴ , as last amended by Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015⁵ ;”.

4. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Regulation 4:

“Application — CVR vehicles

4. (1) Subject to paragraphs (2) and (3) these Regulations apply to the following vehicles:

(a) vehicles with more than 8 seats, excluding the drivers seat, used for the carriage of passengers and their luggage (categories M2 and M3) with a design speed exceeding 25km/hr;

(b) goods vehicles (categories N1, N2 and N3) with a design speed exceeding 25km/hr;

(c) trailers (categories O3 and O4) with a design speed exceeding 25km/hr;

(d) ambulances (special purpose vehicles in category M) with a design speed exceeding 25km/hr;

(e) motor caravans (special purpose vehicles in category M) with a design speed exceeding 25km/hr;

(f) tractors in category T with a maximum design speed exceeding 40km/hr, the use of which takes place on public roads for commercial road haulage purposes at a distance exceeding 25 km from the address at which the owner ordinarily resides or carries on business.

(2) These Regulations do not apply:

(a) to vehicles which are used by the Defence Forces or An Garda Síochána;

(b) to vehicles of a category other than those listed in paragraphs (a) to (f) of paragraph (1) used for agricultural, horticultural, forestry, farming or fishery purposes–

(i) on the terrain where such activity takes place, or

(ii) in a public place for the purposes of accessing that terrain;

(c) subject to paragraph (3), to vehicles listed in indents (a) to (f) of paragraph (1) with a date of first registration prior to 1 January 1980 provided such a vehicle is being used solely for non-commercial purposes.

(3) From 1 January 2020, these regulations apply to vehicles listed in indents (a) to (f) of paragraph (1) except where such a vehicle has reached the fortieth anniversary of the date of first registration and is being used solely for non-commercial purposes.

(4) Regulation 5 does not apply to vehicles that are not registered in the State.”.

5. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Regulation 6:

“Test due dates

6. (1) Subject to Regulations 7, 8, 9, 9A and 9B the following shall be the test due dates in respect of a CVR vehicle:

(a) the first test due date;

(b) in the case of a class of CVR vehicle of a class specified in column (2) of Schedule 1 at reference numbers 1 to 8 in column (1), each subsequent anniversary of the first test due date;

(c) in the case of a CVR vehicle of a class specified in column (2) of Schedule 1 at reference numbers 9 and 10 in column (1)–

(i) before the tenth anniversary of its date of first registration, each subsequent second anniversary of the first test due date,

(ii) after the tenth anniversary of its date of first registration, each subsequent anniversary of that date;

(d) subject to paragraph (5), in the case of a CVR vehicle of a class specified in column (2) of Schedule 1 at reference numbers 11 and 12 in column (1), each subsequent second anniversary of the first test due date;

(e) in the case of a CVR vehicle of a class specified in column (2) of Schedule 1 which is being used solely for non-commercial purposes and has reached the thirtieth anniversary of first registration, notwithstanding subparagraphs (b) to (d), each subsequent second anniversary of the first test due date.

(2) Subject to paragraphs (3) and (4) and Regulations 9A and 9B, the first test due date for a CVR vehicle is the first anniversary of its date of first registration.

(3) Subject to Regulations 9A and 9B, the first test due date for a class of CVR vehicle specified in column (2) of Schedule 1 at reference numbers 9 and 10 in column (1) is the fourth anniversary of its date of first registration.

(4) Subject to Regulations 9A and 9B, the first test due date for a class of CVR vehicle specified in column (2) of Schedule 1 at reference numbers 11 and 12 in column (1) is—

(a) a date between 20 May 2018 and 20 August 2018, where its date of first registration was on or before 20 May 2014,

(b) the fourth anniversary of its date of first registration, where its date of first registration was after 20 May 2014.

(5) In respect of a class of CVR vehicle specified in column (2) of Schedule 1 at reference numbers 11 and 12 in column (1), if the date of first registration of such a CVR vehicle was on or before 20 May 2014 and such a CVR vehicle has not successfully completed a CVR test between 20 May 2018 and 20 August 2018, each subsequent test due date will be the second anniversary of 20 May 2018.”.

6. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Regulation 7:

“Test due dates — certificate of roadworthiness in force

7. (1) Notwithstanding Regulation 6 and subject to paragraph (2), where on 20 May 2018 there is in force in respect of a CVR vehicle a certificate of roadworthiness issued under these Regulations, the test due dates in respect of that vehicle shall be the expiry date of such certificate of roadworthiness, and

(a) in the case of a CVR vehicle of a class specified in column (2) of Schedule 1 at reference numbers 1 to 8 in column (1), each subsequent anniversary of that expiry date,

(b) in the case of a CVR vehicle of a class specified in column (2) of Schedule 1 at reference numbers 9 and 10 in column (1)–

(i) before the tenth anniversary of its date of first registration, each subsequent second anniversary of that expiry date, and

(ii) after the tenth anniversary of its date of first registration, each subsequent anniversary of that expiry date.

(2) Notwithstanding Regulation 26, where on 20 May 2018 there is in force a certificate of roadworthiness issued under these Regulations or as contemplated under Regulation 9A, in respect of a CVR vehicle of a class specified in column (2) of Schedule 1 which is being used solely for non-commercial purposes and has reached the thirtieth anniversary of first registration, the test due date in respect of such a vehicle shall be the anniversary of the expiry date of such certificate of roadworthiness and each subsequent second anniversary of that test due date.”.

7. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Regulation 8:

“Test due dates — early testing

8. Where a CVR vehicle is submitted for CVR testing on a date (‘testing date’) falling more than one month before a test due date, the following shall be the test due dates for that vehicle:

(a) in the case of a CVR vehicle of a class specified in column (2) of Schedule 1 at reference numbers 1 to 8 in column (1), each subsequent anniversary of the testing date;

(b) in the case of a CVR vehicle of a class specified in column (2) of Schedule 1 at reference numbers 9 and 10 in column (1)–

(i) before the tenth anniversary of its first date of registration, each subsequent second anniversary of the testing date, or

(ii) after the tenth anniversary of its first date of registration, each subsequent anniversary of the testing date;

(c) in the case of a CVR vehicle of a class specified in column (2) of Schedule 1 at reference numbers 11 and 12 in column (1), each subsequent second anniversary of the testing date;

(d) in the case of a CVR vehicle of a class specified in column (2) of Schedule 1 which is being used solely for non-commercial purposes and has reached the thirtieth anniversary of first registration, notwithstanding paragraphs (a) to (c), each subsequent second anniversary of the testing date.”.

8. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Regulation 9:

“Test due dates — late testing

9. (1) On successful completion of a periodic CVR test or re-test on a testing date before the expiry of one year after the last test due date specified in Regulation 6, the next test due date in respect of that vehicle (without prejudice to the test due dates specified in Regulation 6, 7, 8, 9A or 9B, as the case may be) shall be the subsequent anniversary of the expiry date of the vehicle’s previous certificate of roadworthiness calculated in accordance with Regulation 6.

(2) On successful completion of a periodic CVR test or re-test on a testing date on or after the expiry of one year after a test due date specified in Regulation 6, the next test due date in respect of that vehicle (without prejudice to the test due dates specified in Regulation 6, 7, 8, 9A or 9B, as the case may be) shall be the date falling 6 months after the aforesaid successfully completed periodic CVR test or re-test and each subsequent anniversary of that date calculated in accordance with Regulation 6.

Test due dates — imports and out of state vehicles

9A.(1) Subject to paragraph (4), the first test due date of a CVR vehicle brought into the State which was first registered in a Member State (other than the State) and which has passed a roadworthiness test in that Member State, shall, provided the certificate of roadworthiness issued in respect of that vehicle is still valid by reference to the frequency intervals established under Regulation 6, be the expiry date of that certificate of roadworthiness, and each subsequent test due date shall be calculated by reference to that date in accordance with Regulation 6 for the class of vehicle concerned.

(2) The owner of the vehicle shall furnish to the Authority the original or a certified copy of the certificate of roadworthiness including an English translation if necessary.

(3) The Authority may verify the validity of a certificate of roadworthiness before recognising it.

(4) Where paragraph (2) has not been complied with, the first test due date of a CVR vehicle brought into the State which was first registered in a Member State (other than the State) shall be–

(a) where the vehicle has reached or exceeded its first test due date in accordance with Regulation 6, the date of first registration of the vehicle in the State, or

(b) where the vehicle has not reached its first test due date in accordance with Regulation 6, the first test due date for the class of vehicle concerned as specified under Regulation 6

and each subsequent test due date for the class of vehicle concerned shall be calculated in accordance with Regulation 6.

(5) Paragraphs (1) to (4) do not apply to a vehicle where an exemption from registration has been granted in respect of that vehicle under section 135 of the Finance Act 1992 .

(6) Where paragraphs (1) to (4) do not apply, a certificate of roadworthiness, showing that a CVR vehicle registered in a Member State (other than the State), together, where applicable, with its trailer or semi-trailer, has passed a roadworthiness test in that Member State shall be a certificate of roadworthiness for the purposes of the Act of 2012.

(7) In this regulation save where the context provides otherwise:

‘certificate of roadworthiness’ means a roadworthiness test report issued by the competent authority or a testing centre in a Member State (other than the State) containing the result of the roadworthiness test;

‘competent authority’ means an authority or public body entrusted by a Member State (other than the State) with responsibility for managing the system of roadworthiness testing, including, where appropriate, the carrying-out of roadworthiness tests;

‘CVR vehicle’ means a vehicle coming within the terms of Article 2(1) of the Roadworthiness Directive but which is not within vehicle categories M1, L3e, L4e, L5e and L7e;

‘roadworthiness test’ means an inspection in accordance with Annex I to the Roadworthiness Directive designed to ensure that a vehicle is safe to be used on public roads and that it complies with required and mandatory safety and environmental characteristics;

‘testing centre’ means a public or private body or establishment authorised by a Member State (other than the State) to carry out roadworthiness tests.

Test due dates — Converted Vehicles

9B.(1) The first test due date for a converted vehicle after it has undergone a post registration conversion shall be the date of conversion and each subsequent test due date shall be calculated by reference to that date in accordance with Regulation 6 for the class of vehicle concerned.

(2) Where on the occurrence of a post registration conversion, there is in force in respect of a CVR vehicle a certificate of roadworthiness or a test certificate issued under the Road Traffic (National Car Test) Regulations 2014 ( S.I. No. 322 of 2014 ), that certificate shall be deemed to expire on the date of conversion.”.

9. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Regulation 11(2)(f):

“(f) the type of test to be carried out;

(g) in the case of a converted vehicle, a report of such conversion, in such form as may be specified by the Authority in guidelines, detailing the modifications carried out.”.

10. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Regulation 12(1):

“(1) Where an application for a periodic CVR test is made other than by using the CVR information system, the CVR test operator, or a person acting on his or her behalf, shall, on the day the application is made, record details of the application on the CVR information system prior to the CVR test being carried out.”.

11. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Regulation 12(2)(d):

“(d) the items to be tested;

(e) in the case of a converted vehicle, a report of such conversion, in such form as may be specified by the Authority in guidelines, detailing the modifications carried out.”.

12. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Regulation 16(1)(a):

“(a) the items specified in Annex I to the Roadworthiness Directive, and”.

13. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Regulation 17(a):

“(a) Annex I to the Roadworthiness Directive, and”.

14. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Regulation 18:

“Test facilities and equipment

18. The Authority shall specify in guidelines the facilities and equipment to be used for the purposes of carrying out CVR tests.”.

15. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Regulation 19(c):

“(c) the CVR tester does not have the use of the facilities or one or more of the items of test equipment necessary to carry out the test as specified by the Authority in guidelines,”.

16. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Regulation 21(1)(o):

“(o) in the case of a converted vehicle, a report of such conversion, in such form as may be specified by the Authority in guidelines, detailing the modifications carried out;

(p) such other information relating to CVR testing as the Authority may reasonably request.”.

17. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No.2) Regulations are amended by substituting the following for Regulation 22(1):

“(1) On the completion of a CVR test of a vehicle, the CVR test operator shall give to the owner, or the person acting on behalf of the owner, a report of the test (“test report”) which shall specify-

(a) any item found during the test to render the vehicle unroadworthy, or

(b) any item found to be a minor deficiency within the meaning of Article 7(2)(a) of the Roadworthiness Directive.”.

18. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Regulation 25:

“Certificate of roadworthiness — issue

25. (1) Subject to paragraph (2), where a pass statement is issued by a CVR test operator in accordance with Regulation 23, the Authority shall:

(a) issue a certificate of roadworthiness to the owner of the vehicle in the form specified in Schedule 4, or

(b) where the person who presents the vehicle to be tested notifies the CVR test operator that the name of the owner of the vehicle entered in the licensing records specified in the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 ( S.I. No. 385 of 1992 ) is to be amended, allow a period of 14 days to elapse for such amendment to be made and then issue a certificate of roadworthiness to the owner of the vehicle in the form specified in Schedule 4.

(2) Notwithstanding paragraph (1), where a CVR test operator has issued a pass statement in respect of a CVR vehicle but, in accordance with Regulation 22(1)(b), the test report has specified one or more minor deficiencies in the vehicle, the Authority may refuse to issue a certificate of roadworthiness in respect of that vehicle unless it is satisfied that such deficiencies have been rectified.”.

19. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Regulation 26:

“Certificate of roadworthiness issued under previous Regulations

26. A certificate of roadworthiness which is in force immediately before the coming into operation of these Regulations shall, subject to the vehicle not undergoing a post registration conversion, continue in force until the date specified on the said certificate to be the date of its expiry.”.

20. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Regulation 29:

“Certificate of roadworthiness — fees

29. (1) The Authority may issue a replacement certificate of roadworthiness on payment of the fees specified in Schedule 6.

(2) Notwithstanding paragraph (1), where an application for a replacement certificate of roadworthiness is submitted online through a website designated for these purposes by the Authority, no fee shall be charged.”.

21. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by inserting the following after Regulation 35:

“National Contact Point

36. The Authority shall be the national contact point for the purposes of Article 15 of the Roadworthiness Directive.”.

22. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended in Schedule 1 by inserting the following after reference number 10:

“

”.

23. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended in Schedule 2 by inserting the following after reference number 11:

“

”.

24. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended in Schedule 3 by inserting the following after reference number 11:

“

”.

25. The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Schedule 4:

“ Regulation 25

Schedule 4

Certificate of Roadworthiness / Deimhniú Ródachainneachta

It is hereby certified that the vehicle described in this Certificate was tested on the date below in accordance with the Road Safety Authority (Commercial Vehicle Roadworthiness) Act, 2012 and any regulations made thereunder and was found to comply therewith.

Deimhnítear leis seo gur dearnadh an fheithicil atá tuairiscithe sa Deimhniú seo a thástáil ar an dáta thíos de réir an Achta fán Údarás um Shábháilteacht ar Bhóithre (Ródacmhainneacht Feithiclí Tráchtála) 2012 agus Rialachán um Thástáil Feithiclí ar bith a rinneadh faoin gcéanna agus gur cinneadh gur chomhlíon sí iad.

1. Vehicle Identification Number (VIN) / Uimhir aitheantais na feithicle or chassis number / uimhir fonnaidh:

2. Registration Number / (Cláruimhir) & County Symbol / siombail tíre:

3. Place and date of the test / láthair agus dáta na tástála:

4. Odometer / Odaiméadar:

Date / Reading

Date / Reading

Date / Reading

5. Vehicle Category / Catagóir na feithicle:

6. Identified deficiencies and their level of severity / easnaimh aitheanta agus a leibhéal déine:

7. Test Result / toradh tástála:

8. CRW Expiry Date / Dáta éaga:

9. CVRT Centre ID / Ionad TRFT ID & Tester ID / Tástálaí ID:

10. Other Information

Vehicle Make/Model / Feithicil déanamh/Múnla:

Vehicle Colour / Dath feithicle:

DGVW / OCF & ULW/MNU:

Test Date / Dáta na tástála:

Serial No. / Sraithuimhir:

Unique Test ID No. / Uimhir ID uathúil tástála:

CRW Disc

”.

GIVEN under my Official Seal,

21 September 2017.

SHANE ROSS TD,

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 Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations 2013 ( S.I. No. 347 of 2013 ) to provide (along with the Commercial Vehicle Roadworthiness Test Operators and Testers (Amendment) Regulations 2017) for the transposition of the new EU Vehicle Roadworthiness Testing Directive (Directive 2014/45/EU) into national law.

The Regulations provide for the following:

(a) the introduction of compulsory testing for tractors (category T vehicles) being used for commercial road haulage purposes with a maximum design speed exceeding 40km/hr at a distance exceeding 25 km from the address at which the owner ordinarily resides or carries on business,

(b) the mutual recognition of unexpired portions of Certificates of Roadworthiness (CRW’s) issued by the competent testing authorities in other Member States,

(c) amendments to deal with the calculation of test due dates for vehicles presented early or late for testing, imports and vehicles undergoing post registration conversions, and

(d) the introduction of an exemption for vehicles first registered prior to 1 January 1980 which are being used solely for non-commercial purposes which will move to a rolling 40 year exemption in 2020 with vehicles between 30 and 40 years of age (used solely for non-commercial purposes) being required to undergo compulsory roadworthiness testing biennially (every second year) instead of annually from 20 May 2018.

1 OJ No. L 127, 29.4.2014, p. 51.

2 OJ No. L 60, 2.3.2013, p. 1.

3 OJ No. L 277, 13.10.2016, p. 1.

4 OJ No. L 263, 9.10.2007, p. 1

5 OJ L 123, 19.5.2015, p. 77