S.I. No. 140/1969 - Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1969.

S.I. No. 140 of 1969.

ROAD TRAFFIC (LICENSING OF DRIVERS) (AMENDMENT) REGULATIONS, 1969.

The Minister for Local Government in exercise of the powers conferred on him by sections 5 , 33 , 35 and 42 of the Road Traffic Act, 1961 (No. 24 of 1961) hereby makes the following Regulations :—

1. These Regulations may be cited as the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1969.

2. These Regulations shall come into operation on the 24th day of July, 1969.

3. (1) These Regulations and the Road Traffic (Licensing of Drivers) Regulations, 1964 to 1967 shall be construed as one and may be cited together as the Road Traffic (Licensing of Drivers) Regulations, 1964 to 1969.

(2) In these Regulations, " the Principal Regulations " means the Road Traffic (Licensing of Drivers) Regulations, 1964 ( S.I. No. 29 of 1964 ).

4. Article 4 of the Principal Regulations is hereby amended by the addition to sub-article (1) of the following definitions—

" ' automatic transmission ' means a system, for the transmission of power from an internal combustion engine to drive a vehicle, which is automatic or semi-automatic so that a clutch pedal is not provided for the driver's use and includes a system where gear changes can be pre-selected;

' minibus ' means a vehicle of Class D or Class E constructed primarily for the carriage of passengers and having passenger accommodation for not more than 19 persons;

' school bus ' means a vehicle of Class E having passenger accommodation for not more than 53 persons in use, other than in a county borough or in the borough of Dun Laoghaire, primarily for the carriage of passengers who are children going to or coming from school;

' without limitation ' means being limited to a specified type of vehicle belonging to a class;

' work vehicle ' means a vehicle, incapable of exceeding 24 miles per hour, which is constructed primarily for any work other than the conveyance by road of goods or burden of any other description and which when used on a public road for the conveyance of a load in connection with a loading, unloading, lifting or dumping operation is so used only at the site at which it is being worked or within a radius of half a mile from the site."

5. Article 6 of the Principal Regulations is hereby amended by the substitution for " Tractors used in connection with agriculture " in Column 2 of the Table of " Tractors used in connection with agriculture and work vehicles ".

6. Article 16 of the Principal Regulations is hereby amended by the insertion after " resides " of " a statement that, in relation to a class of vehicles, the driving licence is limited to a specified type of vehicle belonging to that class unless the driving licence may be granted without limitation ".

7. Sub-article (5) of article 19 of the Principal Regulations is hereby amended by—

(a) the insertion in clause (v) of paragraph (a) after " competency " of " or where that certificate contains a statement that in relation to a class of vehicles it is limited to a specified type of vehicle, while he is driving such type of vehicle ",

(b) the insertion in clause (vii) of paragraph (a) after " passenger of " or " where the vehicle is a pedestrian-controlled vehicle " and

(c) the substitution for paragraph (b) of sub-article (5) of the following sub-paragraph—

" (b) In this sub-article " Qualified person " means a person who holds a driving licence licensing him to drive the vehicle which the holder of a provisional licence is licensed to drive."

8. Article 26 as amended by article 3 of the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1967 ( S.I. No. 24 of 1967 ), of the Principal Regulations is hereby amended by—

(a) the substitution in paragraph (a) of sub-article (3) of " eighteen months " for " one year " and

(b) the insertion after sub-article (3) of the following sub-article—

" (4) Where a certificate of competency contains, pursuant to section 22 of the Road Traffic Act, 1968 (No. 25 of 1968), a statement that it is limited to a vehicle with automatic transmission, to a minibus or to a school bus, the certificate shall be construed as being limited to that type of vehicle as defined in these Regulations."

9. Sub-article (2) of article 28 of the Principal Regulations is hereby amended by the insertion after " made " in paragraph (d) of " or where the application is one to which section 22 of the Road Traffic Act, 1968 applies, to drive vehicles of the type in respect of which the application is made ".

10. Sub-article (3) of article 28 of the Principal Regulations is hereby amended by—

(a) the insertion after " passenger " in paragraph (a) of " or it is a vehicle being provided in pursuance of an application to which section 22 of the Road Traffic Act, 1968 , applies, and it is neither constructed nor adapted to carry a passenger " and

(b) the insertion after " class " in paragraph (c) of " except where it is being provided in pursuance of an application to which section 22 of the Road Traffic Act, 1968 , applies ".

11. The Principal Regulations are hereby amended by the substitution of the following article for article 29 :—

" 29. (1) An application by a person for a driving licence shall be accompanied by a certificate of competency where—

(a) the application relates to a class or classes without limitation or to a specified type of vehicle belonging to a class in respect of which the applicant is not or was not for any period within the period of five years preceding the commencement day the holder of a driving licence, or

(b) a decision on an application by him for a certificate of fitness to accompany an application for a driving licence was deferred pending the production of a certificate of competency.

(2) For the purposes of sub-article (1) of this article a driving licence in respect of a class without limitation or of a type of vehicle belonging to a class set out in Column 1 of the following Table shall be deemed to be a driving licence in respect of the class or any of the classes without limitation or of the type or any of the types of vehicles belonging to a class set out in Column 2 of the Table opposite the mention in Column I of that class or type.

TABLE

(3) The certificate of competency to accompany an application for a driving licence in a case referred to in paragraph (a) of sub-article (1) of this article shall be a certificate which is valid on the commencement day and which was issued to the applicant in respect of the class or classes without limitation or of the specified type or types of vehicle belonging to a class to which his application relates and in respect of which he is not or was not for any period within the period of five years preceding the commencement date the holder of a driving licence.

(4) For the purposes of sub-article (3) of this article a certificate of competency in respect of a class without limitation or of a type of vehicle belonging to a class set out in Column I of the Table in sub-article (2) of this article shall be deemed to be a certificate of competency in respect of the class or any of the classes without limitation or of the type or any of the types of vehicle belonging to a class set out in Column 2 of that Table opposite the mention in Column 1 of that class or type."

12. The Principal Regulations are hereby amended by the substitution of the following article for article 45—

" 45. (1) This article applies where a consequential disqualification order is made under the Act.

(2) Subject to the provisions of sub-article (4) of this article, the driving licence (if any) of the disqualified person shall, within five days of the coming into operation of the consequential disqualification order, be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal has not been lodged or to the officer of the appellate court in any other case.

(3) The officer of the court to whom the driving licence is delivered pursuant to sub-article (2) of this article shall retain it until the fifth day after the coming into operation of the consequential disqualification order and shall endorse it and send it to the licensing authority which granted it.

(4) Where, by virtue of paragraph (d) of sub-section (3) of section 30 of the Act, as substituted by section 20 of the Road Traffic Act, 1968 , the operation of a consequential disqualification order has been postponed to a day more than five days after the day on which the order would have come into operation if there had been no such postponement, the driving licence (if any) of the disqualified person shall—

(a) within five days of the day on which the order would have come into operation if there had been no postponement, be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal had not been lodged or to the officer of the appellate court in any other case and that officer shall endorse it and return it to the disqualified person and

(b) within five days of the coming into operation of the order be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal had not been lodged or to the officer of the appellate court in any other case and that officer shall send it to the licensing authority which granted it."

13. The Principal Regulations are hereby amended by the substitution of the following article for article 46 :—

" 46. (1) This article applies where an ancillary disqualification order is made under the Act.

(2) Subject to the provisions of sub-article (4) and (5) of this article, the driving licence (if any) of the disqualified person shall, within five days of the coming into operation of the ancillary disqualification order, be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal has not been lodged or to the officer of the appellate court in any other case.

(3) The officer of the court to whom the driving licence is delivered pursuant to sub-article (2) of this article shall retain it until the fifth day after the coming into operation of the ancillary disqualification order and shall endorse it and send it to the licensing authority which granted it.

(4) Where, by virtue of paragraph (d) of sub-section (3) of section 30 of the Act, as substituted by section 20 of the Road Traffic Act, 1968 , the operation of an ancillary disqualification order has been postponed to a day more than five days after the day on which the order would have come into operation if there had been no such postponement, the driving licence (if any) of the disqualified person shall—

(a) Within five days of the day on which the order would have come into operation if there had been no postponement, be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal had not been lodged or to the officer of the appellate court in any other case and that officer shall endorse it and return it to the disqualified person and

(b) within five days of the coming into operation of the order be delivered by the disqualified person to the officer of the court which made the order in a case where an appeal had not been lodged or to the officer of the appellate court in any other case and that officer shall send it to the licensing authority which granted it.

(5) Where an ancillary disqualification order is made by an appellate court in respect of a conviction in relation to which an ancillary disqualification order was not made by the court from which the appeal is taken, the driving licence (if any) of the disqualified person shall—

(a) where the order is not postponed under paragraph (d) of sub-section (3) of section 30 of the Act, as substituted by section 20 of the Road Traffic Act, 1968 , for a period of more than five days, be delivered by the disqualified person to the officer of the appellate court within five days of the coming into operation of the order and that officer shall endorse it and send it to the licensing authority which granted it or

(b) where the operation of the order has been postponed under paragraph (d) of sub-section (3) of section 30 of the Act, as substituted by section 20 of the Road Traffic Act, 1968 , for a period of more than five days, be delivered by the disqualified person to the officerof the appellate court within five days of the making of the order and that officer shall endorse it and return it to the disqualified person and

(c) where the driving licence has been endorsed under paragraph (b) of this sub-article, be delivered by the disqualified person to the officer of the appellate court within five days of the coming into operation of the order and that officer shall send it to the licensing authority which granted it."

14. Article 47 of the Principal Regulations is hereby amended by the deletion from sub-articles (2), (4) and (5) of " or postponed ".

15. Sub-article (1) of article 50 of the Principal Regulations is hereby amended by the substitution for " return it to the licencee " of " where a consequential or ancillary disqualification order is not then in operation, return it to the licencee or where such an order is in operation, send it to the licensing authority which granted it ".

16. Sub-article (1) of article 51 of the Principal Regulations is hereby amended by the substitution for paragraph (c) of the following paragraph :—

" (c) an order for the suspension of the operation of a special disqualification order is made by a court under paragraph (b) of sub-section (3) of section 30 of the Act, as substituted by section 20 of the Road Traffic Act, 1968 ".

17. The Principal Regulations are hereby amended by the substitution for article 53 of the following article—

" 53. The requirements in this part of these Regulations that the driving licence of a disqualified person or of a person in relation to whom an order under sub-section (1) or paragraph (c) of sub-section (2) of section 36 of the Act has been made shall be delivered by the disqualified person or by the person in relation to whom an order as aforesaid has been made to the officer of a court shall be penal regulations."

18. Part I of the First Schedule to the Principal Regulations is hereby amended by the substitution for " Class B. Tractors used in connection with agriculture " on Page 1 of the form set out in the said Part I of " Class B. Tractors used in connection with agriculture and work vehicles ".

19. Part III of the First Schedule to the Principal Regulations is hereby amended by—

(a) the substitution for " Class B. Tractors used in connection with agriculture " on Page 1 of the form set out in the said Part III of " Class B. Tractors used in connection with agriculture and work vehicles ",

(b) the insertion in paragraph 5 of Page 2 of the said form after " competency " of " or where that certificate contains a statement that in relation to a class of vehicles it is limited to a specified type of vehicle, while he is driving such type of vehicle ",

(c) the insertion in paragraph 7 of the said Page 2 after " passenger " of " or where the vehicle is a pedestrian-controlled vehicle " and

(d) the substitution in the Notes on the said Page 2 for the definition of " Qualified person " of " ' Qualified person ' means a person who holds a driving licence licensing him to drive the vehicle which the holder of the provisional licence is licensed to drive ".

GIVEN under the Official Seal of the Minister for Local Government this 21st day of July, 1969.

CAOIMHGHÍN Ó BEOLÁIN,

Aire Rialtais Áitiúil.

EXPLANATORY NOTE.

These Regulations amend the Road Traffic (Licensing of Drivers) Regulations, 1964 so as to provide—

(i) for the necessary changes consequential to the operation of section 20 of the Road Traffic Act, 1968 in relation to disqualification orders and section 22 in relation to limited certificates of competency :

(ii) that the scope of Class B vehicles shall include work vehicles :

(iii) that the holder of a provisional licence shall not be required to be accompanied by a qualified person while he is driving a pedestrian-controlled vehicle :

(iv) that the period of validity of a certificate of competency shall be 18 months :

(v) that the requirement that a person in relation to whom an order under sub-section (1) or paragraph (c) of subsection (2) of section 36 of the Road Traffic Act, 1961 has been made shall deliver his driving licence to the officer of a court shall be a penal regulation :

(vi) for certain other minor changes.