The Minister for Local Government in exercise of the powers conferred on him by sections 5, 6, 9 and 12 of the Roads Act, 1920, section 15 of the Finance Act, 1922, section 67 of the Road Traffic Act, 1933 , and sections 1 and 3 of the Finance (Excise Duties) (Vehicles) Act, 1952 , hereby makes the following regulations :--

Citation, Interpretation, etc.

1.--(1) These Regulations may be cited as the Road Vehicles (Registration and Licensing) Regulations, 1958.

(2) These Regulations shall come into operation on the first day of February, 1958.

(3) The Interpretation Act, 1937 (No. 38 of 1937) applies to these Regulations.

(4) The Regulations and Orders specified in the First Schedule to these Regulations are hereby revoked, but any application or declaration made, licence granted or certificate or other document issued, shall, if in force immediately before the coming into operation of these Regulations, continue in force and have effect as if made, granted or issued under the corresponding provisions of these Regulations.

(5) In these Regulations the following words and expressions have the meanings hereby assigned to them unless the context requires otherwise :--

" the Act of 1952 " means the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952) ;

" authorised officer " and " licensing authority " have the meanings assigned to them by the Road Vehicles (Registration and Licensing) Order, 1958 ( S.I. No. 15 of 1958 ) ;

" dealer " means a manufacturer or repairer of or dealer in vehicles;

" Department of State " includes a separate office of State ;

" general trade licence " means a licence to which paragraph (a) of sub-section (2) of section 15 of the Finance Act, 1922, relates;

" invalid carriage " means a vehicle to which paragraph 2 of Part I of the Schedule to the Act of 1952 applies ;

" licence " means a licence under section 1 of the Act of 1952 but does not include a trade licence ;

" lighting-up hours " has the meaning assigned to it by the Road Traffic Act, 1933 (No. 11 of 1933) ;

" limited trade licence " means a licence to which paragraph (b) of sub-section (2) of section 15 of the Finance Act of 1922, relates ;

" the Minister " means the Minister for Local Government;

" owner " in relation to a vehicle means the person by whom the vehicle is kept and the word " ownership " shall be construed accordingly ;

" pedestrian controlled vehicle " means a vehicle to which sub-paragraph (d) of paragraph 1 of Part I of the Schedule of the Act of 1952 applies ;

" trade licence " means a general licence issued under section 9 of the Roads Act, 1920, as amended by section 15 of the Finance Act, 1922;

" vehicle " means a mechanically propelled vehicle.

(6) (a) A reference to a scheduled form shall be construed as a reference to such one of the forms specified in the Second Schedule to these Regulations as is applicable to the case.

(b) The forms specified in the said Second Schedule shall be in terms approved by the Minister from time to time, and shall be obtainable at the office of the licensing authority used for the transaction of the business of vehicle taxation and registration.

PART I. REGISTRATION AND LICENSING.

Applications for licences.

2.--(1) (a) Subject to the provisions of sub-article (2) of this article, the owner of a vehicle who desires to obtain a licence for it shall make application by means of a declaration in the scheduled form to the licensing authority in whose area such vehicle will be ordinarily kept, or where the vehicle will not be ordinarily kept in any one area, to the licensing authority of the area in which is situated the principal place of business or the usual place of abode of the owner.

(b) For the purposes of this sub-article a vehicle shall be deemed to be ordinarily kept in the area of the licensing authority in which is situated the garage or other place where the vehicle is ordinarily kept.

(2) The owner of a substantial fleet of vehicles may, with the consent of the licensing authority referred to in this paragraph, apply for licences in respect of all the vehicles in the fleet to the licensing authority of the area in which the owner's principal place of business in respect of the said fleet is situated.

(3) The fact that a licence in respect of a vehicle has been issued to the owner of that vehicle shall be evidence, until the contrary is proved, that the declaration signed upon application for the licence was signed by the owner or by a duly authorised agent acting on his behalf.

(4) On application for a licence for a vehicle, the owner of the vehicle shall produce to the licensing authority the relevant evidence of insurance in respect of the vehicle.

(5) In this article, the relevant evidence of insurance in respect of a vehicle means either--

(a) a certificate of insurance or a certificate of guarantee within the meaning of the Road Traffic Act, 1933 , showing that when the licence comes into operation there will be in force either an approved policy of insurance, an approved guarantee, or an approved combined policy and guarantee covering the driving of the vehicle by the owner of the vehicle or by other persons on his order or with his consent, or

(b) such evidence as satisfies the licensing authority that the owner of the vehicle is either a vehicle insurer or a vehicle guarantor or an exempted person within the meaning of the Road Traffic Act, 1933 .

Issue of licence.

3. Upon the receipt by a licensing authority of an application for a licence, upon compliance by the applicant with the provisions of sub-article (4) of article 2 of these Regulations, and upon payment by the applicant of the amount of duty appropriate to the vehicle, the licensing authority, if they are satisfied that the vehicle in respect of which the declaration is made is one in respect of which they are authorised to issue a licence and that the licence applied for is the appropriate licence for the vehicle specified, shall--

(a) issue to the applicant a licence in such form as may be appropriate to the vehicle ;

(b) enter upon such licence before issue thereof--

(i) the identification mark of the vehicle ;

(ii) the horse power, maximum seating capacity, weight unladen or cubic capacity (as the case may be) in respect of which duty has been paid ;

(iii) the class, make and colour of the vehicle ;

(iv) the annual or quarterly rate of duty, as the case may be ;

(v) the amount of duty paid ;

(vi) a stamp or other sufficient mark indicating the name of the licensing authority by whom the licence is issued and the date of its issue ;

(c) issue to the applicant or otherwise deal with the registration book in respect of the vehicle and either retain the declaration made in respect of the vehicle or forward it to another licensing authority, as these Regulations require.

Exhibition of licence on vehicle.

4.--(1) The licence for a vehicle shall be carried on the vehicle at all times when the vehicle is in use on a public road.

(2) The licence shall be carried on the vehicle as follows :--

(a) on a bicycle (other than a bicycle used for drawing a sidecar), tricycle or invalid carriage--in a conspicuous position on the near side of the vehicle in front of the driving seat ;

(b) on a bicycle used for drawing a sidecar--on the near side of the handlebar of the bicycle or the near side of the combination in front of the driving seat ;

(d) on any other vehicle--

(i) where the vehicle is fitted with a glass windscreen extending across the front of the vehicle to the near side--facing forwards on the near lower corner of the glass and either on the glass or within two inches of it, or

(ii) on the near side of the vehicle, facing towards the near side of the road and not less than two feet six inches nor more than six feet six inches from ground level and between two imaginary parallel lines, the first drawn vertically through the rear-most part of the driving seat or cab (or where there is no such seat or cab, the foot plate) and the second drawn vertically six inches in front of the base of the front windscreen or, where there is no front windscreen, through a point four feet forward from the first line.

(3) Where the licence is carried on a glass portion of the vehicle, it shall be in a weather-proof container and in any other case, the licence shall be carried in a durable weatherproof container with a transparent cover.

(4) The licence shall be carried in such a manner as to show at all times the date of expiry and the particulars set out in paragraph (b) of article 3 of these Regulation.

(5) Where the licence is carried on or adjacent to the windscreen in accordance with sub-paragraph (i) of paragraph (d) of sub-article (2) of this article, it shall be clearly visible from the front at all times by daylight, and in any other case, the licence shall be placed and carried so as to be clearly visible at all times by daylight to a person standing at the near side of the vehicle.

Defacement, etc., of licence.

5. No person shall, either by writing, drawing or in any other manner, alter, deface, mutilate or add anything to any licence for any vehicle, nor shall any person exhibit upon any vehicle any licence which has been altered, defaced, mutilated or added to as aforesaid, or upon which the figures or particulars have become illegible or the colour has become altered by fading or otherwise, nor shall any person exhibit any colourable imitation of any licence or any licence which has been issued in respect of another vehicle or any licence which has become void.

Registration books.

6.--(1) Subject to the provisions of this article, a licensing authority shall, on licensing a vehicle in respect of which a licence has not previously been issued, issue to the owner a registration book containing such particulars relating to the vehicle as the Minister may from time to time direct.

(2) Where a registration book has previously been issued in respect of a vehicle, the applicant for a licence shall deliver the registration book to the licensing authority, who shall enter in it such particulars as the Minister may from time to time direct and return it to the applicant.

(3) Where application for a licence is made by means of a declaration (in the form R.F. 6) in respect of more than six vehicles of uniform type in the same ownership, a registration book shall not be issued, but in such a case the owner shall before selling or otherwise disposing of a vehicle included in the declaration apply to the licensing authority with whom the vehicle is registered for a registration book in respect of the vehicle and thereupon the licensing authority shall issue a registration book in respect of that vehicle.

(4) The registration book shall be produced for inspection by the owner at any reasonable time upon the request of a member of the Garda Siochana or an authorised officer.

(5) No person shall deface or mutilate any registration book or alter or obliterate any entry made therein or (except as provided by these Regulations) make any entry in or addition to a registration book.

(6) Before the issue of a registration book to the owner of a vehicle, a licensing authority may require to be satisfied by inspection of the vehicle or production of other sufficient evidence that the vehicle in respect of which the book is to be issued accords with the declaration.

Change of user of vehicle.

7. Where it is intended to use a vehicle in respect of which a licence is in force in a condition or manner or for a purpose which would, if it was used solely in that condition or manner or for that purpose, render it chargeable with duty at a rate higher than that at which duty has been paid, the following provisions shall apply :--

(a) the owner shall return to the licensing authority the licence and registration book issued in respect of the vehicle;

(b) the owner shall make application (by means of a declaration in the scheduled form) to the licensing authority for a new licence appropriate to the new condition, manner or purpose ;

(i) the amount of the duty which would, at the rate of duty appropriate to the vehicle before the change of condition, manner or purpose, be payable on a new licence for the period commencing at the date of the change of condition, manner or purpose and expiring at the end of the period for which the licence was originally issued, and

(ii) the amount of the duty which would be payable on a new licence for the like period at the rate of duty appropriate to the vehicle on the basis of the new condition, manner or purpose, and

(d) the licensing authority shall, if satisfied that the licence applied for is the appropriate licence for the vehicle specified in the declaration, issue a new licence to the owner, amend the registration book in accordance with directions issued by the Minister from time to time, and return the registration book to the owner.

Alteration of vehicle.

8.--(1) If any alteration affecting the registration particulars in the last declaration made in respect of a vehicle shall be made to a vehicle after it has been licensed and registered, the owner shall forthwith give notice in writing of the alteration to the licensing authority with whom such vehicle is registered and at the same time deliver to that licensing authority his registration book for amendment (in accordance with directions issued by the Minister from time to time).

(2) Where any such alteration renders inaccurate any of the particulars shown upon the licence for the vehicle, the owner shall also at the same time deliver the licence to the licensing authority and they shall forthwith issue without charge a new licence showing the particulars so notified.

(3) This article shall not apply where the alteration is such as to render the vehicle chargeable with duty at a rate higher than that at which duty has been paid.

Change of address of owner.

9.--(1) On a change of address the owner shall enter particulars of his new address in the space provided in the registration book and shall forthwith deliver the book with such particulars entered in it to the licensing authority with whom the vehicle is registered, who shall note the change of address and, subject to sub-article (2) of this article, stamp and return the registration book to the owner.

(2) If it appears to the licensing authority that the vehicle will thereafter be licensed with another licensing authority, the first mentioned licensing authority shall transfer the registration papers (including the registration book) to the latter, and the latter shall enter in the registration book such particulars as the Minister may from time to time direct and stamp it and return it to the owner.

Transfer of vehicle.

10.--(1) On the sale or other change of ownership of a vehicle, the following provisions shall apply :--

(a) The owner transferring the vehicle shall deliver the registration book issued in respect of the vehicle to the new owner and forthwith notify in writing the change of ownership to the licensing authority whose name last appears in the registration book, stating the identification mark, the make and class of the vehicle, and the name and address of the person to whom it has been transferred.

(b) If the owner transferring the vehicle delivers the licence with the vehicle to the new owner, the delivery shall operate as a transfer of the licence if the other provisions of this article are complied with by the owners concerned.

(c) If the new owner of the vehicle does not intend to use it on any public road (otherwise than under a trade licence) he shall forthwith notify in writing the change of ownership to the licensing authority whose name appears in the registration book as the last registration authority, stating the identification mark, the make and class of vehicle, the name and address of the person from whom it has been transferred and his intention not to so use it.

(d) If the new owner of the vehicle intends to use it on any public road, (otherwise than under a trade licence), he shall before so using it--

(i) where the current licence has been transferred to him under this article, and duty continues to be payable at the same or a lower rate, insert his name and address in the appropriate part of the registration book and deliver it to the relevant licensing authority, which shall return it to him in due course;

(ii) in any other case, obtain a licence in respect of the vehicle in accordance with these Regulations.

(e) If the provisions of paragraph (d) of this sub-article apply and are complied with then, where the licensing authority whose name appears in the registration book as the last registration authority is not the relevant licensing authority, the relevant licensing authority shall arrange to have transferred to them the registration papers regarding the vehicle.

(2) In this article, the relevant licensing authority means the licensing authority to whom application by the new owner for a licence in respect of the vehicle is required to be made by sub-articles (1) and (2) of article 2 of these Regulations.

Destruction or permanent export of vehicle.

11.--(1) Where any vehicle shall be broken up or destroyed, the owner shall notify the licensing authority with whom the vehicle is registered and shall deliver to them the registration book and the licence, if available.

(2) Where a vehicle is being sent permanently out of the State, the owner shall deliver the unexpired licence to the licensing authority with whom the vehicle is registered and shall at the same time notify them in writing that the vehicle is being exported permanently, stating the identification mark, the make and class of the vehicle and (in the case of a sale or other change of ownership) the name and address of the person to whom it is being transferred.

(3) Where a licensing authority are satisfied that a vehicle has been broken up, destroyed or sent permanently out of the State, then, on the owner taking out a licence for another vehicle of the same class to operate in the period for which the previous licence was in force, an allowance may be made in respect of such previous licence of an amount to be calculated in accordance with directions issued by the Minister from time to time.

Refund where vehicle not used.

12.--(1) Where a licensing authority are satisfied that a vehicle in respect of which a licence has been taken out has not been used upon any public road at any time during the currency of the licence, the duty paid shall be refunded to the owner of the vehicle upon surrender of the licence.

(2) The applicant for a refund of duty under sub-article (1) of this article shall submit the registration book in respect of the vehicle to the licensing authority, who shall enter in it such particulars as the Minister may from time to time direct and return it to the applicant.

Licence becoming void.

13. Where a licence becomes void by effluxion of time the owner of the vehicle shall destroy the licence, and in any other case where a licence becomes void the owner shall deliver it to the licensing authority with whom the vehicle was last registered together with a statement as to why it is being delivered.

Issue of duplicate licences and registration books.

14.--(1) If a licence or a registration book issued by a licensing authority under these Regulations has been lost, destroyed, mutilated or defaced, or the figures and particulars thereon have become illegible or the colour of the licence has become altered by fading or otherwise, the owner of the vehicle shall apply to the licensing authority with whom the vehicle is registered for the issue to him of a duplicate licence or registration book, as the case may be, and the licensing authority upon being satisfied as to such loss, destruction, mutilation, defacement, illegibility or alteration as aforesaid and upon the receipt of the licence or registration book (if available) shall issue a duplicate so marked on payment of a fee of five shillings, and the duplicate so issued shall have the same effect as the original licence or registration book.

(2) Where the licensing authority are satisfied that the figures or particulars have become illegible or the colour of the licence has become altered without any act or neglect on the part of the holder of the licence, the duplicate licence or registration book shall be issued free of charge.

(3) If at any time after the issue of a duplicate licence or registration book, the original licence or registration book shall be found, the owner of the vehicle shall take all reasonable steps to obtain possession of such original and shall return it to the licensing authority by whom the duplicate licence or registration book was issued.

Proof of unladen weight of vehicle.

15.--(1) A licensing authority may at any time either before or after the issue of a licence require the owner of a vehicle to furnish a certificate of weight in the scheduled form and may if they think fit, by not less than seven days' notice in writing, require the owner to produce the vehicle at a specified time at a specified weighbridge, and the owner shall cause the vehicle to be weighed at that time and place in the presence of an officer of the licensing authority and in such condition and together with such parts as should be taken into account in the determination of its unladen weight for assessment of the duty to which it is liable.

(2) In this article, any reference to a vehicle shall include a trailer partly superimposed thereon.

Registers of vehicles.

16.--(1) Every licensing authority shall establish and keep in such form as the Minister may direct a record (in these Regulations referred to as " the register ") of the registration of vehicles.

(2) On the first issue of a licence in respect of a vehicle, the vehicle shall be registered in the register of the licensing authority which issued the licence.

(3) Where the registration papers in respect of a vehicle have been transferred in accordance with sub-article (2) of article 9, or paragraph (e) of sub-article (1) of article 10, or paragraph (f) of sub-article (2) of article 22 of these Regulations, the vehicle shall be transferred to, and registered in, the register of the licensing authority to whom the registration papers have been transferred.

(4) A vehicle shall continue to be registered with the licensing authority in whose register it has been registered until it is transferred to the register of another licensing authority or until it has been broken up, destroyed, or sent permanently out of the State.

Supply of registration particulars by licensing authority.

17.--(1) A licensing authority shall, upon application, supply free of charge to any other licensing authority, or to any officer of the Garda Siochana or a member of the Garda Siochana authorised by such an officer, or to any collector of Customs and Excise, or (with the consent of the Minister) to any Department of State, full particulars of any vehicle registered with them or of any trade licence issued by them.

(2) A licensing authority shall, upon application, supply the name and address of the holder of any trade licence issued by them or the registered name and address of the owner of any vehicle registered with them together with a copy of the particulars shown upon the last licence issued in respect of that vehicle :--

(a) upon payment of a charge of one shilling, to any person who satisfies the licensing authority that he has reasonable cause therefor,

(b) without any charge, to any person who is a registration authority for the purposes of the Road Vehicles (International Circulation) Regulations, 1934 to 1938, or any order or regulation amending or replacing the same.

(3) A certificate purported to be signed by an authorised officer to any or all of the following effects, viz. :--

(a) as to whether a vehicle was registered with his licensing authority on a specified date or dates or during a specified period,

(b) as to the registered owner of a vehicle on a specified date or dates or during a specified period,

(d) that a licence did or did not issue by the licensing authority in respect of a vehicle in respect of a specified date or dates or period,

(e) as to the name and address of the holder of any trade licence issued by the licensing authority,

shall without proof of the signature of the authorised officer or that he was an authorised officer be evidence until the contrary is proved of such of the matters aforesaid as are purported to be certified in and by such certificate.

Registered owner.

18. For the purpose of any enactment referring to the registered owner of a vehicle, the registered owner shall be :

(a) in the case of a vehicle used under a trade licence--the holder of such licence ;

(b) in the case of a vehicle in respect of which a declaration (in the Form R.F.6) in respect of more than six vehicles of uniform type in the same ownership, is current--the person shown on the declaration made in respect of such vehicles as the owner thereof ;

(c) in the case of a State-owned vehicle--the Department of State referred to in the declaration made in respect of such vehicle under sub-article (2) of article 22 of these Regulations ;

(d) in any other case--the person shown as the current owner in the registration book issued in respect of the vehicle.

Assignment of identification marks.

19.--(1) The index mark and registration number assigned to any vehicle under the provisions of any regulations revoked by these Regulations shall be the identification mark of that vehicle and shall attach to it until the vehicle is broken up, destroyed or sent permanently out of the country.

(2) In the case of a vehicle previously registered in Great Britain or in Northern Ireland, the identification mark assigned there may be retained if the owner wishes.

(3) In the case of any other vehicle the licensing authority shall on the first licensing of the vehicle assign to it an identification mark consisting of an index mark allotted to the licensing authority followed by a registered number, and that identification mark shall thereafter attach to the vehicle until the same is broken up, destroyed or sent permanently out of the State.

(4) The index marks allotted to licensing authorities shall be those allotted to them under the Road Vehicles (Index Marks) Regulations, 1958 ( S.I. No. 14 of 1958 ) as amended from time to time.

Exhibition of identification marks.

20.--(1) The identification mark of a vehicle shall be exhibited on a rectangular plate or on an unbroken rectangular surface forming part of the vehicle and in each case the identification mark shall conform as to lettering, numbering and otherwise, with the provisions set out in the Third Schedule to these Regulations.

(2) Subject to the provisions of sub-articles (3) and (4) of this article, the identification mark of a vehicle shall be exhibited on the front of and on the back of the vehicle in a vertical or nearly vertical position, so that every letter or figure of the identification mark is vertical or nearly vertical and is easily distinguishable, in the case of the letters and figures placed on the front of the vehicle, from in front of the vehicle, and in the case of the letters and figures placed on the back of the vehicle, from behind the vehicle.

(3) Where a vehicle has only one front wheel the front identification mark may be displayed either--

(a) on a flat plate having duplicate faces both conforming with the provisions set out in the Third Schedule to these Regulations, and fixed on the vehicle in a vertical position, or

(b) on both sides of the vehicle in a vertical or nearly vertical position on a flat unbroken surface forming part of the front mudguard,

in such manner that from whichever side the vehicle is viewed the letters and figures on one or other face of the plate or side of the mudguard, as the case may be, are easily distinguishable although they may not be distinguishable from the front of the vehicle.

(4) When one or more trailers of any kind are attached to a vehicle, the identification mark required to be exhibited on the back of the vehicle, or a duplicate of such identification mark, shall be exhibited on the back of the rearmost trailer in the manner that the identification mark is required to be exhibited upon the back of the vehicle.

(5) No figures or letters and no design or ornamentation shall be placed near to an identification mark in such a manner as to render it more difficult to read or distinguish the identification mark of a vehicle or trailer when in motion.

Supply of identification plates by licensing authority.

21. A licensing authority with whom a vehicle is registered may, if they think fit, supply to the owner of the vehicle, if he so desires, plates bearing the identification mark assigned to the vehicle, and may make a charge for them.

PART II. EXEMPT VEHICLES.

Exempt vehicles.

22.--(1) Subject to the modifications hereinafter specified, the provisions of Part I of these Regulations as to registration and matters incidental thereto shall apply to vehicles exempt from duty on licence, and any reference to a licence in the said Part I shall apply to the document in the form of a licence referred to in paragraph (d) of sub-article (2) of this article.

(2) Part I of these Regulations shall be modified as follows in respect of vehicles exempt from duty :--

(a) An application shall be made annually by means of a declaration in the scheduled form.

(b) In the case of a State-owned vehicle the declaration shall be made by a duly authorised officer of the Department of State by which the vehicle is kept, shall be accompanied by a certificate in the scheduled form signed by that officer, and shall be made to the licensing authority in whose area the vehicle will be ordinarily kept or to the licensing authority in whose area the headquarters of the Department is situate.

(c) In the case of any other exempt vehicle, the declaration shall be made by the owner and shall be accompanied by a certificate in the scheduled form signed by him.

(d) The licensing authority shall treat the application as if it were an application for a licence, but instead of issuing a licence shall issue a document in the form of a licence with the word " Nil " marked in the space provided for indicating the amount of duty payable but otherwise completed in accordance with these Regulations.

(e) In the case of a State-owned vehicle the licensing authority shall not issue a registration book, but the Department of State concerned shall, before the vehicle is sold or otherwise transferred to a person other than another Department of State, apply to the licensing authority with whom the vehicle is registered for a registration book in respect of the vehicle and thereupon the licensing authority shall issue a registration book in respect of that vehicle.

(f) Where a State-owned vehicle is transferred from one Department of State to another, the first-mentioned Department shall notify the facts in writing to the licensing authority with whom the vehicle was registered prior to the transfer, and the second-mentioned Department shall notify the facts in writing to the relevant licensing authority, and, where the licensing authority with whom the vehicle was registered is not the relevant licensing authority, the relevant licensing authority shall thereupon arrange to have the registered papers transferred to them and the vehicle shall thereafter be registered in their register.

(g) Sub-article (4) of article 2 of these Regulations shall not apply to a State-owned vehicle.

(h) Paragraph (b) of sub-article (1) of article 10 of these Regulations shall not apply to a State-owned vehicle transferred to a person other than another Department of State, or to any other exempt vehicle which would cease to be exempt from duty following the transfer.

(3) In this article, the relevant licensing authority means the licensing authority to whom a declaration is required to be made under paragraph (b) of sub-article (2) of this article.

PART III. TRADE LICENCES.

General trade licences.

23. The following provisions shall apply to general trade licences :

(a) A dealer who desires to obtain a general trade licence in respect of--

(i) all classes of vehicles, or

(ii) all vehicles of the classes liable to duty under paragraphs 1 and 2 of Part I of the Schedule to the Act of 1952,

shall apply by means of a declaration in the scheduled form to the licensing authority in whose area his business premises are situated.

(b) The licensing authority, on being satisfied that the applicant is bona fide a dealer, may issue to him the appropriate licence in accordance with the application on receipt from him of the appropriate amount of duty.

(i) the name and address of the person to whom the licence is issued ;

(ii) the mark exhibited on the plates supplied under paragraph (d) of this article ;

(iii) the date of expiry of the licence ;

(iv) the amount of duty paid ;

(v) the date stamp of the office of issue ;

(vi) the serial number of the licence.

(d) The licensing authority shall supply free of charge with each general trade licence, one plate (with a holder for the licence) for fixing in front and one plate for fixing at the back of the vehicle, and each plate so supplied shall exhibit a mark consisting of a number and an index mark allotted to the licensing authority under the Road Vehicles (Index Marks) Regulations, 1958 ( S.I. No. 14 of 1958 ).

(e) Where application is made and duty paid in respect of a licence for all classes of vehicle, the applicant upon application made to the licensing authority on the scheduled form and upon satisfying them that such plates are properly required by him shall also be entitled without further payment to a set of plates appropriate for the classes of vehicles liable to duty under paragraphs 1 and 2 of Part I of the Schedule to the Act of 1952.

(f) The plates and licence holder to be supplied by the licensing authority shall conform to such specifications as the Minister may from time to time direct and shall not be altered in any way after they have been so supplied.

(g) The plates and licence holder shall remain the property of the licensing authority and where the licence in respect of which they have been issued has expired and has not been renewed, they shall be returned forthwith to the licensing authority by whom they were issued.

(h) Only plates supplied by a licensing authority shall be exhibited as plates under the provisions of this article.

(i) The plates shall be fixed in front and at the back of the vehicle upon which they may be in use in the manner prescribed by these Regulations with respect to the identification marks assigned for vehicles under these Regulations and shall be carried at all times when the vehicle is in use on a public road under a general trade licence.

(j) The licence without any alteration thereof or addition thereto shall be carried properly fixed in the holder attached to the front plate so as to be clearly visible at all times by daylight from in front of the vehicle at all times when the vehicle is in use on a public road under that licence.

(k) The holder of a general trade licence shall notify the licensing authority by whom it was issued of any change of his address.

(l) Subject to the provisions of paragraph (m) of this article, a general trade licence shall not be used by any person other than the person to whom it is issued and the person to whom it is issued shall not allow or suffer the licence or the plates issued in connection therewith to be used by any other person.

(m) A general trade licence may be used by a person other than the person to whom it was issued where the latter or a person bona fide in his employment and acting under his authority is present and in charge of the vehicle or where the vehicle is constructed for use by one person only and is being used by a prospective purchaser for the purpose of test or trial.

(n) A general trade licence shall not be used upon any vehicle other than a vehicle which is in the possession of the holder of such licence in the course of his business as a dealer or which is a vehicle for the time being laid up by its owner.

(o) A general trade licence shall not be used upon a vehicle which is being used for the carriage of passengers for profit or reward.

(p) A vehicle shall not be used upon a public road under a general trade licence for any purpose other than a purpose for which the vehicle is authorised by this article to be used under such licence.

(q) Subject to the provisions of paragraphs (l), (n) and (o) of this article, a vehicle may be used upon a public road under a general trade licence appropriate to the vehicle as follows :--

(i) where, having been laid up by the owner, it is being moved from the place where it is stored to some other place of storage ;

(ii) with or without a trailer, for any purpose connected with the business as a dealer of the holder of the licence ;

(iii) for the purpose of drawing a trailer in connection with any business as a manufacturer or repairer of or dealer in trailers carried on by the holder of the licence in conjunction with his business as a manufacturer or repairer of or dealer in mechanically propelled vehicles ;

(iv) with or without a trailer, for any other purpose of the holder of the licence whilst the vehicle is bona fide being used for any of the purposes mentioned in sub-paragraph (ii) or sub-paragraph (iii) of this paragraph.

(r) It shall not be necessary for a vehicle upon which a general trade licence and the plates issued under this article are being properly carried, used and displayed to carry any other identification mark or licence.

Limited trade licences.

24. The following provisions shall apply to limited trade licences :--

(a) Article 23 of these Regulations (except paragraphs (p) and (q) thereof) shall apply to limited trade licences as if they were herein repeated with the substitution of the words " limited trade licence " for the words " general trade licence " wherever they occur.

(b) Subject to the provisions of paragraphs (a) and (c) to (g) inclusive of this article, a vehicle, with or without a trailer attached thereto, may be used upon a public road under a limited trade licence appropriate to the vehicle where the vehicle is being used for any of the following purposes :--

(i) for the test or trial of the vehicle or trailer in the ordinary course of construction or repair or immediately after completion of construction or repair ;

(ii) for proceeding to or from a weighbridge for ascertaining the unladen weight of the vehicle or to or from any place for the registration or inspection of the vehicle by a licensing authority;

(iii) for the test or trial of the vehicle or trailer for the benefit of a prospective purchaser or for proceeding at the instance of a prospective purchaser to any place for the purpose of such test or trial or for returning after such test or trial ;

(iv) for delivering the vehicle or trailer to the place where the purchaser intends to keep it ;

(v) for delivering the vehicle or trailer from the premises of the holder of the licence to the premises of another dealer or removing it from the premises of another dealer direct to the holder's own premises ;

(vi) for proceeding to or returning from a workshop in which a body is to be or has been fitted to the vehicle or trailer or it is to be or has been painted or repaired ;

(vii) for towing or carrying another vehicle (which while being driven upon a public road has become unable to proceed under its own power) from the place where it has broken down to a place for repair or storage ;

(viii) for proceeding from the premises of a dealer to a place from which the vehicle or trailer is to be transported by train, ship or aircraft or for proceeding to the premises of such dealer from a place to which it has been so transported ;

(ix) for proceeding to or returning from any garage, auction room or other place at which vehicles or trailers are usually stored or usually or periodically offered for sale and at which the vehicle or trailer is to be or has been stored or is to be or has been offered for sale ;

(x) if it is a vehicle for the time being laid up by its owner, for proceeding from the place where it is stored to some other place of storage.

(c) A vehicle shall not be used at any time under a limited trade licence if the duplicate entries from the book referred to at paragraph (i) of this article are not properly completed and carried along with the vehicle.

(d) A vehicle or any trailer drawn thereby shall not be used under a limited trade licence for the carriage of any person on the vehicle or trailer other than--

(i) the driver of the vehicle ;

(ii) any person carried for the purpose of carrying out his statutory duties in connection with an inspection or weighing of the vehicle or trailer ;

(iii) one person travelling in a broken-down vehicle which is being towed in accordance with the provisions of sub-paragraph (vii) of paragraph (b) of this article ; and

(iv) not more than two other persons as specified in paragraph (e) of this article.

(e) One of the two persons referred to in sub-paragraph (iv) of paragraph (d) of this article shall be the holder of the limited trade licence or an employee of his whose presence is, in either case, necessary for the purpose for which the vehicle is being used ; and the other of the two persons referred to in the said sub-paragraph shall be a prospective purchaser for whom a test is being made or a person nominated by a prospective purchaser, who is, in either case, carried on the vehicle itself and not on any trailer drawn thereby.

(f) A vehicle or any trailer drawn thereby shall not be used under a limited trade licence for the carriage of any goods or load whatsoever other than such a vehicle as is referred to in sub-paragraph (vii) of paragraph (b) of this article or a load which is necessary for the purpose of testing the vehicle or the trailer, and in particular such vehicle or trailer shall not be used for the carriage of goods in the course of trade or for the delivery or removal of goods.

(g) Any load for the purpose of testing a vehicle or trailer carried under the provisions of paragraph (f) of this article shall consist solely of some form of ballast such as sand, gravel, scrap-iron or the like and no purpose other than that of testing the vehicle or trailer shall be served by its carriage, and any load so carried shall be brought back to its place of loading without (except in the case of accident) any part thereof having been removed from the vehicle or trailer and without the load having at any time since it was loaded on the vehicle or trailer been used or carried otherwise than as ballast for the purpose of testing the vehicle or trailer.

(h) A vehicle shall not be used upon a public road under a limited trade licence for any purpose other than a purpose for which the vehicle is authorised by paragraph (b) of this article to be used under such licence.

(i) Upon the issue of a limited trade licence, a licensing authority shall also supply to the person to whom such licence is issued a book in a form approved by the Minister in which the holder of such licence shall on each occasion and before such licence is used complete in duplicate the entries for which provision is therein made ; one copy of such entries shall remain in the book and the other copy shall be carried with the vehicle during the whole of the journey to which such entries relate, and shall be produced at any time during such journey by the driver for inspection upon demand made by a member of the Garda Síochána or an authorised officer.

(j) Any book supplied under paragraph (i) of this article shall be produced at all reasonable times for inspection by a member of the Garda Síochána or an authorised officer and shall be kept available for inspection at the place specified in the declaration made on application for the limited trade licence as the place at which the book will be kept.

(k) No person shall deface or mutilate any book issued under paragraph (i) of this article or make any entry therein which is to his knowledge false or misleading or alter or obliterate any entry made therein or, except as provided by the said paragraph (i) make any entry therein or addition thereto, or after its removal from such book make, alter or obliterate any entry in any copy required to be carried on the vehicle by this article.

Miscellaneous provisions regarding trade licences.

25.--(1) Any reference to a licence in article 5 of these Regulations shall apply to a trade licence.

(2) Article 14 of these Regulations shall apply to trade licences and the references to a licence shall be read as references to a trade licence, the references to the owner of a vehicle as references to the holder of the trade licence, and the references to the licensing authority with whom the vehicle is registered as references to the licensing authority which issued the trade licence.

(3) Where a licensing authority are satisfied that a trade licence issued by them has not been used on a vehicle at any time, the duty paid shall be refunded upon surrender of the trade licence and any plates and book issued in connection with such trade licence.

PART IV. MISCELLANEOUS.

Part-year licences.

26. For the purposes of section 1 of the Act of 1952, the periods of a year less than a year for which a licence may be taken out in respect of a vehicle (not being a tramcar or a vehicle on which a duty of five shillings is chargeable) shall be such as are hereinafter specified and the duties payable in respect of licences for such periods shall be at the rates hereinafter specified :--

(a) A licence may be taken out for any period less than a year expiring on the 31st day of December in any year and if the same is taken out on or after any of the dates mentioned in the first column of the Fourth Schedule to these Regulations the duty payable on such licence shall be the proportion of the full annual rate of duty specified in relation to each of such dates respectively in the second column of the said Schedule.

(b) A licence may be taken out for any quarter on payment of three-tenths of the full annual duty.

(c) A licence (not being a licence in respect of a vehicle chargeable with duty under paragraph 1 of Part I of the Schedule to the Act of 1952) may be taken out for any period less than a quarter expiring on the last day of any quarter, and the duty payable on the licence shall if the licence is taken out on or after the first day of the second month of the quarter be two-thirds of the rate of duty for the full quarter and shall if the licence is taken out on or after the first day of the third month of the quarter be one-third of the rate of duty for the full quarter.

Calculation of cylinder capacity and of horse-power.

27.--(1) For the purposes of any rate of duty specified in the Schedule to the Act of 1952, the cylinder capacity of the engine of any vehicle deriving its motive power wholly from an internal combustion engine shall be--

(a) in the case of a single cylinder engine, the cylinder capacity attributable to the cylinder of the engine ;

(b) in the case of an engine having two or more cylinders, the sum of the cylinder capacities attributable to the separate cylinders ;

and the cylinder capacity attributable to any cylinder of an internal combustion engine shall be--

(i) in the case of a cylinder having a single piston, the product expressed in cubic centimetres of the square of the internal diameter of such cylinder measured in centimetres and the distance through which the piston associated with that cylinder moves during one-half of a revolution of the engine measured in centimetres multiplied by 0.7854 ;

(ii) in the case of a cylinder having more than one piston, the sum of the products expressed in cubic centimetres of the square of the internal diameter of each part of the cylinder in which a piston moves measured in centimetres and the distance through which the piston associated with that diameter moves during one-half of a revolution of the engine measured in centimetres multiplied by 0.7854.

(2) For the purpose of any rate of duty specified in the Schedule to the Act of 1952, the horsepower of any vehicle deriving its motive power wholly from an internal combustion engine shall be taken to be the cylinder capacity of the engine of the vehicle calculated in accordance with the provisions of this article divided by 125.

(3) For the purposes of any rate of duty specified in the Schedule to the Act of 1952, the horsepower of any vehicle deriving its power wholly from a steam engine shall be taken to be proportional to the effective heating surface of the boiler supplying steam to such engine, at the rate of one horsepower for every three square feet in such effective heating surface, and the effective heating surface shall be taken to be--

(a) in the case of a boiler having horizontal or approximately horizontal tubes, the whole of that surface of the tubes which is exposed to the flame or hot gases ;

(b) in the case of a boiler having vertical or approximately vertical tubes, half of that surface of the tubes which is exposed to the flame or hot gases.

(4) In measuring cylinders and boilers and in calculating cylinder capacity and horsepower for the purpose of this article, fractions of centimetres and feet shall be taken into account, but in the final calculation of horsepower a resultant fraction of less than 0.1 of a unit of horsepower shall be disregarded.

Calculation of seating capacity.

28.--(1) For the purposes of any rate of duty specified in the Schedule to the Act of 1952, any vehicle shall, subject to the provisions of this article be deemed to have seating capacity for a number of persons equal to the total seating capacity of such vehicle in respect of all the seats with which the vehicle is fitted (except the seat or space occupied by the driver) determined as follows :--

(a) the seating capacity of a vehicle in respect of any continuous seats with which the vehicle is fitted, shall be the number of persons who could be seated on such seats, allowing sixteen inches width for each such person ;

(b) the seating capacity of a vehicle in respect of any separate seats with which the vehicle is provided shall be the number of such separate seats ;

(c) where two or more separate seats are divided by such means as to allow such seats to be used as a continuous seat the seating capacity in respect of such seats shall be determined as if they were one continuous seat.

(2) No vehicle shall be deemed to have seating capacity for a number of persons less than the figure obtained by dividing twice the floor area of such vehicle by nine.

(3) In this article " floor area " means--

(a) in the case of a vehicle constructed with two decks or floors, the total area of both such decks or floors (exclusive of the seat or space occupied by the driver) measured in square feet, and

(b) in any other case, the area of the floor of the vehicle (exclusive of the seat or space occupied by the driver) measured in square feet.

(4) Where the seating capacity of a vehicle calculated under this article consists of a whole number and a fraction, the fraction shall be disregarded.

Notices under Revenue Act, 1869.

29. The notices as to duties and declarations required to be placed and kept affixed under section 20 of the Revenue Act, 1869, shall, instead of being placed and kept affixed as provided in that section, be placed and kept affixed by every licensing authority in such places as they think desirable for the purpose of giving notice to persons interested.

FIRST SCHEDULE.

REGULATIONS AND ORDERS REVOKED BY ARTICLE 1 OF THESE REGULATIONS.

1. The Road Vehicles (Registration and Licensing) Regulations, 1921.

2. The Road Vehicles (Trade Licences) Regulations, 1923.

3. The Orders dated 13 November, 1926 ; 9 February, 1932 ; 5 April, 1935 ; 11 January, 1937 ; 20 September, 1939 ; 7 May, 1946 ; 1 January, 1947, which amended the Road Vehicles (Registration and Licensing) Regulations, 1921, by allotting additional index marks to various licensing authorities.

4. Article 12 of the Road Traffic (Third Party Risks) Regulations, 1933 (S.R. & O. 1933 No. 130).

5. Road Vehicles (Registration and Licensing) Regulations, 1938 (S.R. & O. 1938 No. 64).

6. Road Vehicles (Additional Index Mark) Order, 1948 ( S.I. No. 282 of 1948 ).

7. Road Vehicles (Additional Index Mark) Order, 1949 ( S.I. No. 42 of 1949 ).

8. Road Vehicles (Additional Index Mark) Order, 1950 ( S.I. No. 121 of 1950 ).

9. Road Vehicles (Additional Index Mark) Order, 1951 ( S.I. No. 229 of 1951 ).

10. Road Vehicles (Additional Index Mark) (No. 2) Order, 1951 ( S.I. No. 370 of 1951 ).

11. Road Vehicles (Miscellaneous Licensing Provisions) Regulations, 1952 ( S.I. No. 357 of 1952 ).

12. Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1952 ( S.I. No. 358 of 1952 ).

13. Road Vehicles (Additional Index Mark) Order, 1953 ( S.I. No. 171 of 1953 ).

14. Road Vehicles (Additional Index Marks) Order, 1954 ( S.I. No. 95 of 1954 ).

15. Road Vehicles (Additional Index Marks) (No. 2) Order, 1954 ( S.I. No. 178 of 1954 ).

16. Road Vehicles (Additional Index Marks) Order, 1955 ( S.I. No. 154 of 1955 ).

17. Road Vehicles (Additional Index Marks) (No. 2) Order, 1955 ( S.I. No. 249 of 1955 ).

18. Road Vehicles (Additional Index Marks) Regulations, 1956 ( S.I. No. 254 of 1956 ).

19. Road Vehicles (Additional Index Marks) (No. 2) Regulations, 1956 ( S.I. No. 265 of 1956 ).

20. Road Vehicles (Additional Index Marks) Regulations, 1957 ( S.I. No. 165 of 1957 ).

SECOND SCHEDULE.

FORMS PRESCRIBED FOR PURPOSES OF THESE REGULATIONS.

Form R.F.1A--Declaration, application for renewal of a licence for a vehicle.

Form R.F.1/1--Declaration, application for a licence for a motor car.

Form R.F.½--Declaration, application for a licence for a motor cycle or pedestrian controlled vehicle.

Form R.F.1/3--Declaration, application for a licence for an invalid carriage.

Form R.F.¼--Declaration, application for a licence for a vehicle used solely for the conveyance of machines, workshops, etc.

Form R.F.1/5--Declaration, application for a licence for a hearse.

Form R.F.3--Certificate of exemption from licence duty of a vehicle (other than State-owned vehicles).

Form R.F.3/1--Certificate of exemption from licence duty of a State-owned vehicle.

Form R.F.4--Declaration, application for a licence for a goods vehicle.

Form R.F.5--Declaration, application for a licence for a general haulage tractor.

Form R.F.5/1--Declaration, application for a licence for an agricultural tractor, agricultural engine or excavator.

Form R.F.6--Declaration, application for licences for more than six vehicles of a uniform type in the same ownership.

Form R.F.6/1--Declaration, application for " licences " for more than six exempt vehicles of a uniform type in the same ownership.

Form R.F.7--Declaration, application for a trade licence.

Form R.F.8--Declaration, application for a licence for a large public service vehicle.

Form R.F.8A--Declaration, application for a licence for a small public service vehicle.

Form R.F.12/9--Certificate of unladen weight of vehicle.

THIRD SCHEDULE.

Article 20.

FORM OF IDENTIFICATION MARKS

Diagram No. 1.

Diagram No. 2

Provisions to be complied with :

1. The identification mark of a vehicle shall at the option of the owner be arranged in conformity with either Diagram No. 1 or Diagram No. 2 shown above.

2. (a) Unless the identification mark is so constructed that it can be illuminated by translucency, it shall be formed of white, silver or light grey letters and figures upon a black surface and every letter or figure shall be indelibly inscribed or so attached to such surface that it cannot readily be detached therefrom. If the letters and figures are exhibited on a flat plate, the plate may be constructed of cast or pressed material having raised letters and figures.

(b) If the identification mark is so constructed and used that it is illuminated by transparency or translucency the letters and figures must all, when so illuminated during lighting-up hours appear, in the case of the front identification mark, white, and in the case of the rear identification mark either white or red. At all other times, the letters and figures shall appear white against a black background.

3. Subject to the provisions of paragraph 7 of this Schedule, all letters and figures must be 3½ inches high, every part of every letter and figure must be 5/8-inch broad, and the total width of the space taken by every letter or figure, except in the case of the letter " I " or the figure " 1 ", must be 2½ inches.

4. Subject to the provisions of paragraph 7 of this Schedule, there must be a margin between the nearest part of any letter or figure and the top or bottom of the black surface upon which the identification mark appears of at least ½-inch and between the nearest part of any letter or figure and the sides of the black surface of at least 1 inch.

5. Subject to the provisions of paragraph 7 of this Schedule :

(a) the space between the nearest parts of adjoining letters and between the nearest parts of adjoining figures must be ½-inch ;

(b) where the letter " I " or the figure " 1 " is used, the space between it and an adjoining figure or letter may exceed ½-inch provided that the index mark appears as a separate unit from the registration number.

6. Subject to the provisions of paragraph 7 of this Schedule, where the identification mark is arranged in accordance with diagram No. 1, the space between the upper and lower line must be ¾-inch, and where the identification mark is arranged in accordance with diagram No. 2, the space between the index mark and the registration number must be at least 1½ inches.

7. In the case of a bicycle, an invalid carriage or a pedestrian controlled vehicle, the dimensions prescribed in paragraphs 3, 4, 5 and 6 of this Schedule may be halved, and the plate or surface bearing the identification mark need not be rectangular if the letters and figures thereon comply as nearly as possible with the arrangement shown in whichever diagram of this Schedule is appropriate.

Article 26.

FOURTH SCHEDULE.

PART-TIME LICENCES.

Dates on and after which licences may be taken out at reduced rates	Proportion of full annual duty payable
1st March	Nine-tenths
25th March	Eight-tenths
1st May	Seven-tenths
1st June	Six-tenths
1st July	Five-tenths
1st August	Five-tenths
1st September	Four-tenths

GIVEN under the Official Seal of the Minister for Local Government this 24th day of January, One Thousand Nine Hundred and Fifty-eight.

NEIL T. BLANEY.

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations replace, with amendments :

(a) the Road Vehicles (Registration and Licensing) Regulations, 1921, and a considerable number of orders and regulations which amended the same ;

(b) the Road Vehicles (Trade Licences) Regulations Regulations, 1923 ;

(d) the Road Vehicles (Miscellaneous Licensing Provisions) Regulations, 1952 ( S.I. No. 357 of 1952 ).

They set out the procedure to be allowed on the licensing and registration of motor vehicles and ancillary matters, the procedure regarding trade licences and the conditions under which they may be issued, the rates for part-year licences, and the methods of calculating cylinder capacity, horsepower and seating capacity for motor taxation.

The amendments of substance are as follows :--

(1) The owner of a fleet of vehicles may licence them with one licensing authority (article 2).

(2) A declaration made on application for a licence is presumed to be made by the holder of the licence or his agent until the contrary is shown (article 2).

(3) New provisions are made regarding the exhibition of licences on bicycles with sidecars and pedestrian-controlled vehicles (article 4).

(4) The method of calculating the amount of extra duty on a change of user etc. of a vehicle is set out (article 7).

(5) A new registration procedure applies on the change of ownership of a vehicle (article 10) and on the permanent export of a vehicle (article 11).

(6) Where a licence becomes void, it must be surrendered to the licensing authority (article 13).

(7) More specific indication is given as to the licensing authority with whom a vehicle is registered for the time being (article 16) and as to who is the registered owner of a vehicle (article 18).

(8) A certificate of an authorised officer of a licensing authority as to the registration and licensing of a vehicle is to be proof of the facts certified until shown to be incorrect (article 17).

(9) Index marks will in future be issued under separate regulations (article 19) ; see the Road Vehicles (Index Marks) Regulations, 1958 (S.I. No. 14 of 1958).

(10) Indentification marks may be shown on the vehicle instead of on plates (article 20).

(11) The procedure regarding the registration of exempt vehicles is amended (article 22).

(12) Minor relaxations are made in the conditions governing the use of trade plates (articles 23 and 24).

(13) Only plates issued by a licensing authority may be used as trade plates (article 23).

(14) Trade licences may not be defaced, etc. ; a duplicate trade licence may issue where necessary (article 25).

(15) A new list of forms for applying for a licence etc. is set out in the Second Schedule.

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	Irish Statutory Instruments
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Irish Statutory Instruments

S.I. No. 13/1958 -- Road Vehicles (Registration and Licensing) Regulations, 1958.