Road Traffic Act 2006

Regulations relating to driving licences, learner permits and certificates of competency and fitness.

10.— The following section is substituted for section 42 of the Principal Act:

“42.— (1) In this section ‘ licence ’ means a driving licence or learner permit.

(2) The Minister may make regulations to provide for all or any of the following:

(a) the categorization for the purposes of this Part of mechanically propelled vehicles;

(b) the form of driving licences and learner permits;

(c) the form and manner of application for a licence, the particulars to be embodied in the application and the documents to be given with the application;

(d) the surrender of licences;

(e) the securing that licences for a category are not issued to persons already holding licences for such category;

(f) the issue by licensing authorities of duplicate licences in place of licences lost, destroyed, or mutilated, the fees to be paid in respect of such issue and the disposal of such fees;

(g) the communication of particulars of licences granted by licensing authorities to other licensing authorities;

(h) the making available for the use of members of the Garda Síochána and other persons of information in the possession of licensing authorities with respect to persons disqualified for holding licences and persons whose licences have been endorsed under this Part;

(i) the fees to be paid in respect of the grant of licences and the disposal of such fees;

(j) the period during which a learner permit is to remain in force;

(k) the conditions to attach to a learner permit and failure to comply with which makes the permit void;

(l) the issue of licences by officers of any Minister of the Government or the Road Safety Authority as agent of a licensing authority;

(m) conditions in relation to courses of instruction which an applicant for, or the holder of, a learner permit must comply with;

(n) the courses of instruction which persons must undergo prior to being granted a licence in respect of any category or categories of vehicles;

(o) the content of courses of instruction which persons must undergo prior to being granted a licence in respect of any category or categories of vehicles;

(p) the fees to be paid to a licensing authority in respect of the supply by the authority of information relating to a licence.

(3) The Minister may make regulations, in relation to sections 33 and 34, to provide for all or any of the following matters:

(a) the classes of persons who are required to produce a certificate of competency or fitness or a medical report when applying for a driving licence;

(b) voluntary submission to tests as to competency and knowledge of the Rules of the Road;

(c) the making of applications for certificates;

(d) the minimum period which has to elapse before a person who has failed to secure a certificate is eligible to apply again for a certificate;

(e) the fees to be paid on applications for certificates and their disposition;

(f) the persons by whom the issuing authority under section 33 may cause tests to be carried out;

(g) the persons by whom further tests directed under section 33(6) are to be carried out;

(h) the nature of and manner of holding tests;

(i) the form of reports by registered medical practitioners under section 34;

(j) the form and manner of issue of certificates and the period of their validity;

(k) the keeping of records by specified persons;

(l) the delegation by issuing authorities to specified persons of the functions of such authorities under section 33(4);

(m) the delegation by issuing authorities to specified persons of the functions of such authorities under section 34(4);

(n) the minimum period which has to elapse, following the granting of a learner permit and in circumstances as may be prescribed, during which the holder of the licence may not apply for a certificate of competency.

(4) Regulations under this section in relation to disqualifications and endorsements under this Act may, in particular and without prejudice to the generality of subsection (1), provide for all or any of the following matters:

(a) the production of licences in court;

(b) the effecting of endorsements ordered under section 36;

(c) the transmission of licences by the court to licensing authorities to be retained by them until they have expired or the disqualification ends (whichever is the shorter period);

(d) the notification to licensing authorities of the making, confirming, annulling, varying or removal of a consequential, ancillary or special disqualification order or the making, confirming or annulling of endorsements ordered under section 36.

(5) Regulations under this section may make different provisions for different classes of cases coming within the same matter.

(6) A person who contravenes a regulation under this section which is stated to be a penal regulation is guilty of an offence.”.