S.I. No. 198/1958:

ROAD VEHICLES (REGISTRATION AND LICENSING) (AMENDMENT) REGULATIONS, 1958.

ROAD VEHICLES (REGISTRATION AND LICENSING) (AMENDMENT) REGULATIONS, 1958.

The Minister for Local Government in exercise of the powers conferred on him by section 12 of the Roads Act, 1920, section 3 of the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952) and section 1 of the said Act as amended by section 20 of the Finance Act, 1958 (No. 25 of 1958) hereby makes the following regulations :--

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

(2) These Regulations and the Road Vehicles (Registration and Licensing) Regulations, 1958 ( S.I. No. 13 of 1958 ) shall be construed as one.

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

2. (1) In these Regulations--

" large public service vehicle " has the same meaning as in the Road Traffic Act, 1933 (No. 11 of 1933) ;

" licensing period " means the period for which the licence in respect of which a repayment is claimed was issued ;

" month " means any of the months of January, February and May to December inclusive, the period 1st March to 25th March inclusive and the period 26th March to 30th April inclusive ;

" visitors " means a person whose only or principal residence is outside the State and who is making only a temporary stay in the State.

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

3. A licence may be surrendered to the licensing authority with whom the vehicle is registered, not less than three months before the expiry of the licence, where the licensing authority are satisfied that--

(a) the vehicle has been sent permanently out of the State, or

(b) the vehicle has been stolen, broken up or destroyed, or

(c) the owner of the vehicle has ceased, because of his illness, injury or other physical disability to use the vehicle.

4. A licence may be surrendered to the licensing authority with whom the vehicle is registered where the licensing authority are satisfied that the vehicle is a large public service vehicle which has been used only for pleasure tours catering primarily for visitors and that the owner has ceased to use the vehicle for such purpose.

5. A trade licence may be surrendered to the licensing authority by whom the licence was issued, not less than three months before the expiry of the licence, where the holder thereof satisfies the licensing authority that he has discontinued the business of dealer in vehicles.

6. (1) An application for repayment of duty in respect of a licence surrendered under articles 3 or 4 of these Regulations shall be made by the owner of the vehicle to the licensing authority with whom the vehicle is registered and any repayment shall be made to the said owner.

(2) On making such application, the owner shall deliver the registration book relating to the vehicle, if available, to the licensing authority.

(3) On making a repayment of duty, the licensing authority shall enter in the registration book such particulars as the Minister may from time to time direct and, save in a case of a repayment in respect of a licence surrendered under clause (b) of article 3 of these Regulations, shall return the registration book to the owner.

7. (1) An application for repayment of duty in respect of a trade licence surrendered under article 5 of these Regulations shall be made by the holder of the licence to the licensing authority which issued the licence and any repayment shall be made to the said holder.

(2) On making such application, the holder shall deliver to the licensing authority the plates and book (if any) issued in connection with the trade licence.

8. (1) A repayment in respect of the duty paid on a licence which has been surrendered may be made by the licensing authority as follows :--

(a) where a licence is surrendered under article 4 or 5 or clause (a) or (c) of article 3 of these Regulations, at the rate of eight per cent. of the full annual rate of duty for every month of the licensing period unexpired at the time of surrender of the licence ;

(b) where a licence is surrendered under clause (b) of article 3 of these Regulations, at the rate of eight per cent. of the full annual rate of duty for every month of the licensing period unexpired when the vehicle was stolen, broken up or destroyed.

(2) No repayment shall be made in any case where the annual rate of the duty paid on the licence is less than ten pounds.

GIVEN under the Official Seal of the Minister for Local Government this Twenty-fourth day of September One Thousand Nine Hundred and Fifty-eight.

NEIL T. BLANEY.

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations prescribe the cases in which the holder of a motor vehicle duty licence or of a trade licence may surrender the licence and apply for a repayment of duty. The rates of repayment are specified in article 8.

These Regulations also prescribe the procedure to be followed in making application for a repayment.