S.I. No. 311/1982:

ROAD VEHICLES (REGISTRATION AND LICENSING) REGULATIONS, 1982

ROAD VEHICLES (REGISTRATION AND LICENSING) REGULATIONS, 1982

Article

1. Citation, interpretation, etc.

PART I.

REGISTRATION AND LICENSING

2. Application for licences.

3. Issue of licence.

4. Exhibition of licence on vehicle.

5. Defacement etc., of licence.

6. Registration books.

7. Change of use of vehicle.

8. Alteration of vehicle.

9. Change of address of owner.

10. Sale of vehicle.

11. Acquisition of vehicle.

12. Destruction or permanent export of vehicle.

13. Surrender of licence.

14. General provisions relating to refunds.

15. Making of refunds.

16. Repayment of duty.

17. Calculation of refunds and allowances.

18. Licence becoming void.

19. Issue of replacement licences and registration books.

20. Appointed weighbridge.

21. Weighing of vehicles.

22. Register of vehicles.

23. Supply of registration particulars by licensing authority.

24. Registered owner.

25. Assignment of identification marks.

26. Exhibition of identification marks.

27. Supply of identification plates by licensing authority.

PART II.

EXEMPT VEHICLES.

28. Exempt vehicles.

PART III.

MISCELLANEOUS

29. Part-year licences.

30. Calculation of cylinder capacity and of horsepower.

31. Calculation of seating capacity.

32. Notices under Revenue Act, 1869.

SCHEDULES

FIRST SCHEDULE -- Regulations revoked.

SECOND SCHEDULE -- Forms prescribed for purposes of the Regulations.

THIRD SCHEDULE -- Form of identification marks.

FOURTH SCHEDULE -- Details of charges.

S.I. No. 311 of 1982.

ROAD VEHICLES (REGISTRATION AND LICENSING) REGULATIONS, 1982.

The Minister for the Environment in exercise of the powers conferred on him by sections 5, 6 and 12 of the Roads Act, 1920, sections 1 and 3 of the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952), section 20 of the Finance Act, 1958 (No. 25 of 1958), section 4 of the Finance (Excise Duties) (Vehicles) (Amendment) Act, 1960 (No. 1 of 1960), section 21 of the Finance Act, 1960 (No. 19 of 1960), section 123 of the Road Traffic Act, 1961 (No. 24 of 1961) and sections 65 , 67 and 77 of the Finance Act, 1976 (No. 16 of 1976) hereby makes the following Regulations:--

1. (1) These Regulations may be cited as the Road Vehicles (Registration and Licensing) Regulations, 1982.

(2) These Regulations shall come into operation on the 1st day of February, 1983.

(3) The Regulations specified in the First Schedule to these Regulations are hereby revoked to the extent specified in the third column of that Schedule, 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.

(4) In these Regulations--

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

"the Act of 1961" means the Road Traffic Act, 1961 (No. 24 of 1961);

"appropriate licensing authority" means the licensing authority to whom the application by an owner for a licence in respect of a vehicle is required to be made by sub-articles (1) and (2) of article 2 of these Regulations;

"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 );

"bicycle" means a mechanically propelled bicycle (including a motor scooter, a bicycle with an attachment for propelling it by mechanical power and a mechanically propelled bicycle used for drawing a trailer or sidecar) not exceeding 8 cwt. in weight unladen;

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

"identification mark" has the meaning ascribed to it in article 25 of these Regulations;

"invalid carriage" means a vehicle to which paragraph 2 of Part 1 of the Schedule to the Act of 1952 applies;

"large public service vehicle" has the same meaning as in section 3 of the Act of 1961 (No. 24 of 1961);

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

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

"lighting-up hours" means the period commencing one half-hour after sunset on any day and expiring one half-hour before sunrise on the next day;

"military vehicle" means a vehicle used by the Defence Forces;

"the Minister" means the Minister for the Environment;

"month" means a calendar month;

"motor dealer" means a person who carries on the business of manufacturing, repairing or selling vehicles;

"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 1 of Part 1 of the Schedule to the Act of 1952 applies;

"prescribed declaration" means a declaration made for the purposes of sub-article (1) (a) of article 2 or paragraph (b) of article 7 of these Regulations;

"register" means the record of particulars relating to the registration and licensing of a vehicle established and maintained by a licensing authority pursuant to article 22 of these Regulations;

"registered owner" has the meaning ascribed to it in article 24 of these Regulations;

"relevant licensing authority" means in relation to a vehicle, the licensing authority in whose functional area the vehicle is for the time being ordinarily kept or in case the vehicle is not ordinarily kept in a particular such area, the licensing authority in whose functional area is situated the principal place of business of the person by whom the vehicle is kept or the place where he ordinarily resides;

"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;

"tricycle" for the purposes of paragraph 1 of Part I of the Schedule to the Act of 1952 shall include a vehicle constructed or adapted for use with either three or four wheels the two front wheels or the two rear wheels of which are, when the four wheels are in contact with the ground, less than twelve inches apart measured between the nearest points of contact of the wheels with the ground;

"vehicle" means a mechanically propelled vehicle;

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

(5) ( 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 and at such other locations as may be designated by the Minister.

PART I. REGISTRATION AND LICENSING.

2. (1) ( a ) Subject to the provisions of sub-articles (2) and (4) of this article the owner of a vehicle who desires to obtain a licence for it shall make application by means of a prescribed 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) Subject to the provisions of article 7 of these Regulations a licensing authority shall refuse an application for a licence for a vehicle where a licence for such vehicle is already in force and the new licence being sought is intended to relate to part or all of the period covered by the existing licence.

(5) On application for a licence for a vehicle, the owner of the vehicle shall produce to the licensing authority--

( a ) in the case of a pedestrian controlled vehicle which is excepted from Part VI of the Act of 1961, a declaration that the vehicle is so excepted, or

( b ) in any other case, the relevant evidence of insurance in respect of the vehicle.

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

( a ) a certificate of insurance within the meaning of the Act of 1961, showing that when the licence comes into operation there will be in force an approved policy of insurance covering the use of the vehicle, or

( b ) such evidence as satisfies the licensing authority that the owner of the vehicle is either a vehicle insurer within the meaning of the Act of 1961, or an exempted person within the meaning of Part VI of that Act.

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 (5) of article 2 of these Regulations, and upon payment by the applicant of the amount of duty appropriate to the vehicle, including any duty imposed by section 94 of the Finance Act, 1973 (No. 19 of 1973), the licensing authority, if they are satisfied that the vehicle in respect of which the prescribed 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 an appropriate form of licence bearing the date of expiry thereof duly completed as required at paragraph (b);

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

(i) the identification mark of the vehicle;

(ii) the horsepower, 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 color of the vehicle;

(iv) the annual rate of duty payable under the Act of 1952 and the amount of such duty paid;

(v) the date of issue of the licence;

(vi) the relevant code number of the licensing authority;

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

4. (1) The licence for a vehicle shall be carried on the vehicle at all times when the vehicle is used, parked or otherwise kept at any time in a public place.

(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;

( 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;

( c ) on a pedestrian -- controlled vehicle -- in a conspicuous position on the near side of the vehicle;

( d ) on any other vehicle -- in a conspicuous position on the near side of the vehicle, or where the vehicle is fitted with a transparent windscreen -- in a conspicuous position on such windscreen and in such a manner that it shall be both visible and readily accessible for inspection and be so located that it does not obscure the vision of the driver while the vehicle is being driven.

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

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, nor shall any figures or letters, design or ornamentation be placed near to a licence in such a manner as to render it more difficult to read, nor shall anything be exhibited at or near the areas prescribed in these Regulations for the exhibition of a licence in such a manner as to render it more difficult to observe a licence on a vehicle when in motion.

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 and such registration book shall attach solely to that vehicle.

(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 Síochána 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 sub-articles 9 (1) and 10 (2) of 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 prescribed declaration.

(7) A licensing authority may require the owner of a vehicle to surrender to it for correction the registration book issued in respect of the vehicle in any case where there is reason to believe that the registration book contains particulars which are not correct, and upon being so required the owner of the vehicle shall surrender it to the licensing authority forthwith, who shall, after correcting the particulars, return it to the owner.

(8) Any person finding a registration book shall hand it over to the Garda Síochána for transmission to the last licensing authority shown on page 2 of such book.

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 prescribed declaration in the scheduled form) to the licensing authority for a new licence appropriate to the new condition, manner or purpose;

( c ) the owner shall pay to the licensing authority the difference between--

(i) the amount of 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 prescribed 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.

8. (1) If any alteration affecting the registration particulars in the last prescribed 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 the 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.

9. (1) Subject to the provisions of sub-articles (2) and (3) of this article, 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 such licensing authority that the vehicle will thereafter be licensed with another licensing authority, the first mentioned licensing authority shall transfer the relevant register and the registration book to the latter licensing authority, and such licensing authority 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.

(3) On a change of address a motor dealer shall notify in writing the change of address and the identification mark, make, model and colour of any vehicle of which he is the registered owner to the licensing authority with whom the vehicle is registered, who shall note the change of address and, if necessary, transfer the relevant register to the licensing authority with whom the vehicle shall henceforth be registered.

10. On the sale of a vehicle, other than a vehicle which is being sent permanently out of the State, the following provisions shall apply:--

(1) The owner transferring the vehicle shall complete Parts A and C and the new owner shall complete Part B of the Form R.F. 2 referred to in the Second Schedule to these Regulations and the new owner shall retain the completed Part C of the Form R.F. 2, and the owner transferring the vehicle shall deliver the completed Parts A and B of the Form R.F. 2 to the relevant licensing authority.

(2) The new owner, if he is not a motor dealer, shall insert his name and address in the appropriate part of the registration book issued in respect of the vehicle and the person transferring the vehicle shall deliver the same to the relevant licensing authority.

(3) Where the new owner is a motor dealer the person transferring the vehicle shall deliver the registration book issued in respect of the vehicle to such new owner who shall retain it until any subsequent transfer of ownership of the relevant vehicle.

(4) Where a registration book is not delivered in accordance with the provisions of sub-article (2) or sub-article (3) of this article it shall become void.

(5) On receipt of the Form R.F. 2 and the registration book completed and delivered in accordance with the provisions of sub-articles (1) and (2) of this article the relevant licensing authority shall--

( a ) acknowledge forthwith to the owner transferring the vehicle receipt of the Form R.F. 2 and the registration book and record, or arrange to have recorded forthwith, the details as supplied on the Form R.F. 2 in the register, and

( b ) arrange forthwith to verify the details in the registration book by reference to the relevant register, note the relevant particulars in the register, and stamp and forward the registration book to the new owner.

(6) Where a current licence in respect of a vehicle has been issued the owner transferring the vehicle shall deliver such licence to the new owner and the delivery shall operate as a transfer of the licence. Where a licence is not so delivered it shall become void and shall be destroyed by the owner transferring the vehicle.

(7) If on receipt of a registration book, as provided for in sub-article (2) of this article, the licensing authority whose name last appears in the registration book is not the appropriate licensing authority, the relevant licensing authority shall--

( a ) arrange forthwith to have the register duly noted as at paragraph (a) of sub-article (5) of this article and furnished to the appropriate licensing authority, and

( b ) at the same time furnish the registration book to the appropriate licensing authority, who shall thereafter comply with the requirements of paragraph ( b ) of sub-article (5) of this article.

11. Where any person acquires a vehicle in circumstances to which article 10 does not apply such person shall insert his name and address in the relevant part of the registration book and deliver it forthwith to the appropriate licensing authority who shall have regard in such case to the provisions of sub-article (7) of article 10 and the person acquiring the vehicle shall at the same time notify the appropriate licensing authority of the particular circumstances regarding his ownership of the vehicle and these details shall be recorded in the relevant register.

12. (1) Where any vehicle shall be scrapped 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.

(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.

13. (1) 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 stolen, or

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

( c ) a vehicle in respect of which a licence has been taken out has not been used in a public place at any time since the issue of the licence, or

( d ) the owner of the vehicle has ceased, because of service overseas with the Defence Forces to use the vehicle, or

( e ) the owner of the vehicle has ceased, because of absence from the State for business or educational purposes, to use the vehicle, or

( f ) an addition within the meaning of section 2 of the Finance (Excise Duties) (Vehicles) (Amendment) Act, 1960 is included in the unladen weight in respect of which a vehicle is licensed.

(2) A licence may be surrendered to the licensing authority with whom the vehicle is registered, not later than one month before the expiry of the licence, 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.

14. (1) An application for a refund of duty in respect of a licence--

( a ) surrendered under article 13 of these Regulations, or

( b ) which has been delivered to the licensing authority pursuant to article 12 of these Regulations not less than three months prior to the expiry of the licence,

shall be made by the owner of the vehicle to the licensing authority with whom the vehicle is registered and any refund 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 or furnish a declaration on the scheduled form signed by him and verified by a member of the Garda Síochána from the applicant's local station.

(3) On making a refund, the licensing authority shall enter in the registration book such particulars as the Minister may from time to time direct and save in the case of a refund in respect of a licence delivered pursuant to article 12 of these Regulations, shall return the registration book to the owner.

15. (1) A refund in respect of the duty paid on a licence consequent on an application made pursuant to article 14 (1) of these Regulations may be made by the licensing authority as follows--

( a ) Where a licence is delivered in accordance with the provisions of article 12 of these Regulations or is surrendered in accordance with article 13 (1) (a) 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, scrapped or destroyed.

( b ) in every other case 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.

(2) No refund of duty shall be made in any case where the annual rate of duty paid on the licence does not exceed thirty pounds.

(3) Where a licence has been surrendered under paragraph (f) of sub-article (1) of article 13 of these Regulations the licensing authority shall, on the application of the owner and on delivery to the licensing authority of the registration book--

( a ) issue a licence for the remainder of the licensing period as if duty at the lower rate has been paid thereon.

( b ) make a refund to the owner for every month of the licensing period which is unexpired at the time of surrender of the licence at the rate of eight per cent of the difference between the annual rate of duty payable upon the surrender licence and that payable upon the licence issued for the remainder of the licensing period.

( c ) enter in the registration book such particulars as the Minister may from time to time direct and return the book to the owner.

(4) No refund in respect of duty on a licence surrendered under paragraph (f) of sub-article (1) of article 13 of these Regulations shall be made where the difference between the annual rate of duty payable upon the surrendered licence and that payable upon the licence issued for the remainder of the licensing period does not exceed thirty pounds.

16. (1) Where a licensing authority are satisfied that at the time of taking out a licence there was either an error made in the calculation of the appropriate duty payable or that duty was paid more than once on a vehicle in respect of the same period, any such overpayment may be repaid to the person whose name is most recently entered in the relevant register.

(2) The applicant for a repayment of duty under sub-article (1) of this article shall deliver 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.

17. Any refunds payable under articles 14 and 15 of these Regulations shall, where appropriate, be calculated to the nearest fifty pence (any fraction of fifty pence in the amount so calculated being treated as fifty pence if it is not less than twenty five pence and otherwise being disregarded).

18. Where a licence becomes void otherwise than in accordance with the provisions of sub-article (6) of article 10 of these Regulations 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.

19. (1) Where a licence issued by a licensing authority under these Regulations has been lost, destroyed, mutilated, discoloured or defaced or the figures or particulars thereon have become illegible or where on the transfer of ownership of the vehicle a current licence has not been delivered, the owner of the vehicle shall, in accordance with the provisions of sub-article (3) of this article, apply to the appropriate licensing authority for the issue to him of a replacement licence and the licensing authority upon being satisfied as to such loss, mutilation, discolouration, illegibility, or non-delivery, shall, subject to the provisions of sub-articles (3), (4) and (5) of this article, issue a replacement marked as a replacement upon payment of the relevant amount specified in the Fourth Schedule to these Regulations, or an amount equal to the cost of the original licence, whichever is the lesser, and the replacement licence so issued shall have the same effect as the original licence.

(2) Where a registration book issued by a licensing authority under these Regulations has been lost, destroyed, mutilated, discoloured or defaced or the figures or particulars thereon have become illegible or where on the transfer of ownership of a vehicle the registration book issued in respect of that vehicle has not been delivered within twenty one days, the owner of the vehicle shall, in accordance with the provisions of sub-article (3) of this article, apply to the licensing authority with whom the vehicle is registered for the issue to him of a replacement registration book and the licensing authority upon being satisfied as to such loss, destruction, mutilation, discolouration, defacement or illegibility or non-delivery and upon the receipt of the registration book (if available) shall, subject to the provisions of sub-articles (3), (4) and (5) of this article, issue a replacement registration book marked as a replacement upon payment of the relevant amount specified in the Fourth Schedule to these Regulations, and the replacement registration book so issued shall have the same effect as the original registration book.

(3) Any application for a replacement licence or a replacement registration book must be accompanied by the licence or registration book (if available) or by a declaration on the scheduled form as required in accordance with the provisions of sub-article (2) of article 14 of these Regulations.

(4) A licensing authority shall note the details of an application in the relevant register before the issue of a replacement to an applicant.

(5) 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 or where a registration book has become void in accordance with the provisions of sub-article (4) of article 10 of these Regulations or where in the case of such a book a person is unable to comply with the provisions of sub-article (1) of article 9 or article 11 of these Regulations by reason of the insufficiency of space in the relevant portion of the registration book, the replacement licence or registration book, shall be issued free of charge.

(6) If at any time after the issue of a replacement 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 deliver it to the licensing authority by whom the replacement licence or registration book was issued.

20. Where a local authority declare a weighbridge to be an appointed weighbridge for the purposes of section 3 of the Finance (Excise Duties) (Vehicles) (Amendment) Act, 1960 , they shall publish in at least two newspapers circulating in their functional area notice that such weighbridge has been so declared.

21. (1) Before issuing a licence, a licensing authority may require the owner of a vehicle to furnish a declaration in the scheduled form as to the weight unladen of the vehicle for the purposes of the Act of 1952 and may, on giving at least seven days notice in writing, require the owner of a vehicle to bring the vehicle to an appointed weighbridge at a specified time and forthwith to cause the vehicle to be weighed in the presence of an officer of the licensing authority in such condition and together with such addittions as are required to be taken into account in the determination of its unladen weight for the assessment of the duty to which it is liable.

(2) In this article, any reference to a vehicle shall be construed as including a reference to a vehicle and another vehicle or an attachment which are, for the purposes of the Act of 1952, to be deemed to form and be a single vehicle.

22. (1) Every licensing authority shall on the issue of the first licence in respect of a vehicle, establish, and thereafter maintain in such form as the Minister may direct a register in respect of such vehicle.

(2) Where the register in respect of a vehicle has been transferred in accordance with these Regulations the appropriate licensing authority shall thereupon maintain that register.

(3) A vehicle shall continue to be registered with the licensing authority with whom it has last been registered until the relevant register has been transferred in accordance with sub-article (2) of this article.

23. (1) A licensing authority shall, upon application, supply free of charge to any other licensing authority, or to a member of the Garda Síochána, or to any collector of Customs and Excise, or (with the consent of the Minister) to any Department of State or to any local authority exercising functions pursuant to the Local Authorities (Traffic Wardens) Act, 1975 (No. 14 of 1975), full particulars of any vehicle registered with them.

(2) A licensing authority shall, upon application, supply such particulars of any vehicle registered with that licensing authority as are available in the relevant register:--

( a ) upon payment of the relevant amount set out in the Fourth Schedule to these Regulations to any person who satisfies the licensing authority that he has reasonable cause therefor,

( b ) without any charge, to any body which is a registration body for the purposes of the Mechanically Propelled Vehicles (International Circulation) Order, 1961, 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,

( c ) as to any or all of the particulars shown on a licence issued in respect of a vehicle,

( 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,

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.

24. 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 not being a military vehicle -- the Department of State referred to in the declaration made in respect of such vehicle under sub-article (2) of article 28 of these Regulations;

( d ) in the case of a military vehicle -- the Department of Defence;

( e ) in any other case -- the person whose name is most recently entered in the register maintained in respect of the vehicle under article 22 of these Regulations.

25. (1) Where a vehicle, other than a vehicle specified in sub-article (2) of this article, has not been previously registered under the Motor Car Act, 1903 or the Roads Act, 1920, the appropriate licensing authority shall, on the first licensing of the vehicle, assign to it an identification mark complying with the provisions of sub-article (3) of this article.

(2) On the first licensing of a military vehicle the appropriate licensing authority shall, on receipt of an application from a duly authorised officer of the Department of Defence, assign to it an identification mark complying with the provisions of sub-article (3) of this article.

(3) The identification mark to be assigned to a vehicle on first registration shall consist of:--

( a ) the number under which the vehicle is registered with the licensing authority, and

( b ) an index mark allotted to that licensing authority,

and such identification mark shall continue to attach solely to that vehicle except in such circumstances as may be determined by the Minister.

26. (1) The identification mark of a vehicle shall, until it is scrapped, destroyed or sent permanently out of the State, 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-article (3) of this article, the identification mark of a vehicle shall be exhibited in the case of a vehicle, which has only one front wheel, on the back of the vehicle and in the case of any other vehicle 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 one or more trailers of any kind are attached to a vehicle, a duplicate of the identification mark assigned to such vehicle 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.

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

27. 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.

28. (1) Subject to the modifications and adaptations hereinafter specified, and subject to the provisions of sub-article (3) of this article, 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 the Regulations shall be modified as follows in respect of vehicles exempt from duty:--

( a ) An application, save an application in respect of a vehicle exempt from duty by virtue of the provisions of the Diplomatic Relations and Immunities Act, 1967 (No. 8 of 1967), 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 situated.

( 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 appropriate licensing authority and, where the licensing authority with whom the vehicle was registered is not the appropriate licensing authority, the appropriate licensing authority shall thereupon arrange to have the registered papers transferred to them and the vehicle shall thereafter be registered in their register.

( g ) Where any State-owned vehicle shall be scrapped, destroyed or sent permanently out of the State, the Department of State concerned shall notify the licensing authority with whom the vehicle is registered.

( h ) Sub-article (5) of article 2 of these Regulations shall not apply to a State-owned vehicle.

( i ) Sub-article (6) 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) The following provisions shall apply in the case of military vehicles:--

( a ) Subject to the exception in paragraph (d) of this sub-article the provisions of Part I of these Regulations other than articles 24, 25 and 26 shall not apply to a military vehicle.

( b ) Where a military vehicle ceases to be used as a military vehicle and such vehicle is transferred to another Department of State or is sold or otherwise transferred to a person other than another Department of State the provisions of sub-paragraphs (e) and (f) of sub-article (2) of this article shall apply as respects such vehicle.

( c ) Where a military vehicle shall be scrapped, destroyed or sent permanently out of the State, the Department of State concerned shall notify the licensing authority with whom the vehicle is registered.

( d ) Where a military vehicle is sold or otherwise transferred to a person other than another Department of State the provisions of article 10 of these Regulations other than sub-article (6) of that article shall apply.

PART III. MISCELLANEOUS.

29. 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 thirty pounds or less 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 a period of three months ending on the last day of any month on payment of eleven fortieths of the full annual rate of duty (any fraction of fifty pence in the amount so calculated being treated as fifty pence if it is not less than twenty five pence and otherwise being disregarded);

( b ) A licence may be taken out for a period of six months ending on the last day of any month on payment of whichever of the following is the lesser, that is to say

(i) eleven twentieths of the full annual rate of duty (any fraction of fifty pence in the amount so calculated being treated as fifty pence if it is not less than twenty five pence and otherwise being disregarded),

(ii) twice the rate appropriate to a period of three months calculated in accordance with paragraph (a) of this article.

30. (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;

( 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 shall be--

( a ) in the case of any vehicle deriving its power wholly from an internal combustion engine the cylinder capacity of the engine of the vehicle calculated in accordance with the provisions of this article divided by 125;

( b ) in the case of any vehicle deriving its motive power wholly from a rotary-piston engine the total horsepower attributable to the rotary-pistons calculated in respect of each rotary-piston by dividing the displacement volume attributable to the rotary-piston by 62.5 times the number of output shaft revolutions for one revolution of the rotary-piston;

( c ) in the case 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 heating surface, and the effective heating surface shall be taken to be--

(i) 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;

(ii) 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.

(3) In this article:--

"rotary-piston engine" means an engine with one or more rotary-pistons, each of which produces power by acting on an eccentric which is directly attached to an output shaft;

"output shaft" means a shaft to which a rotary-piston is directly coupled without gearing or other similar devices intervening;

"displacement volume attributable to the rotary-piston" means the difference between the maximum and minimum volumes, expressed in cubic centimetres, of a single working chamber based on a working flank of the rotary-piston multiplied by a number of working flanks of the rotary-piston.

(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.

31. (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 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.

32. 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.

REVOCATIONS.

SECOND SCHEDULE.

FORMS PRESCRIBED FOR PURPOSES OF THESE REGULATIONS.

THIRD SCHEDULE.

FORM OF IDENTIFICATION MARKS.

Article 26

Provisions to be complied with:

1. ( a ) Where the identification mark of a vehicle consists of an index mark followed by a registration number it shall at the option of the owner be arranged in conformity with either Diagram No. 1 or Diagram No. 2 shown above.

( b ) Where the identification mark of a vehicle consists of a registration number followed by an index mark it shall at the option of the owner be arranged in conformity with either Diagram No. 3 or Diagram No. 4 shown above.

2. Unless the identification mark is so constructed that it can be illuminated by translucency, or is exhibited on a surface constructed of reflex reflecting material in accordance with paragraph 4 of this Schedule, 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.

3. 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.

4. An identification mark may be exhibited on a surface constructed of reflex reflecting material and if so exhibited--

( a ) the identification mark displayed on the front of the vehicle shall be formed of black letters and figures upon a white surface constructed of reflex reflecting material but no reflecting material shall be applied to any part of the letters or figures,

( b ) the identification mark displayed on the back of the vehicle or on any trailer attached thereto shall be formed of black letters and figures upon a red surface constructed of reflex reflecting material but no reflecting material shall be applied to any part of the letters or figures,

( c ) every letter or figure shall be indelibly inscribed or so attached to the surface constructed of reflex reflecting material that it cannot readily be detached therefrom.

5. Subject to the provisions of paragraph 9 of this Schedule, all letters and figures must be 89 millimetres high, every part of every letter and figure must be 16 millimetres 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 63 millimetres.

6. Subject to the provisions of paragraph 9 of this Schedule, there must be a margin between the nearest part of any letter or figure and the top or bottom of the surface (black, white reflex reflecting or red reflex reflecting as the case may be) upon which the identification mark appears of at least 13 millimetres and between the nearest part of any letter or figure and the sides of the surface (black, white reflex reflecting or red reflex reflecting as the case may be) of at least 24 millimetres.

7. Subject to the provisions of paragraph 9 of this Schedule:

( a ) the space between the nearest parts of adjoining letters and between the nearest parts of adjoining figures must be 13 millimetres;

( b ) where the letter "I" or figure "1" is used, the space between it and an adjoining figure or letter may exceed 13 millimetres provided that the index mark appears as a separate unit from the registration number.

8. Subject to the provisions of paragraph 9 of this Schedule, where the identification mark is arranged in accordance with diagram No. 1, or diagram No. 3 the space between the upper and lower line must be 19 millimetres, and where the identification mark is arranged in accordance with diagram No. 2, or diagram No. 4 the space between the index mark and the registration number must be at least 38 millimetres.

9. In the case of a bicycle, an invalid carriage or a pedestrian controlled vehicle, the dimensions prescribed in paragraphs 5, 6, 7 and 8 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.

FOURTH SCHEDULE.

CERTAIN CHARGES.

GIVEN under the Official Seal of the Minister for the Environment this

13th day of October,

1982.

RAPHAEL P. BURKE,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations replace, with amendments, the Road Vehicles (Registration and Licensing) Regulations, 1958 (except in so far as they relate to trade licences and Post Office vehicles) together with the various amendment Regulations set out in the First Schedule.

The Regulations set out the procedures to be followed on the licensing and registration of motor vehicles and ancillary matters, including the procedures governing the application for, issue and display of licences, the assignment, issue and display of identification marks, and the issue of registration books, the definition of registered ownership for the purpose of any enactment relating to the registered owner of a vehicle, requirements relating to transfer of ownership of vehicles, the rates for part year licences, and the methods of calculating cylinder capacity, horsepower and seating capacity for motor taxation.

The major amendments relate to:--

(1) procedures relating to the change of ownership of vehicles (articles 10 and 11);

(2) the status of "registered owner" (article 24); the registered owner of a vehicle will (with limited exceptions) be the person whose name is most recently entered in the relevant register kept by the licensing authority under article 22.

Other amendments:--

(1) prohibit the issue of overlapping licences (article 2);

(2) provide new provisions relating to the display of licences on motor vehicles generally (articles 4 and 5);

(3) extend the provisions relating to registration books (article 6);

(4) oblige a motor dealer to notify change of address (article 9);

(5) require a statutory declaration verified at a local Garda Station to be furnished where an application for a refund of duty is being made and the relevant registration book is not available (article 14);

(6) clarify the arrangements relating to repayment as distinct from refund of duty (article 16);

(7) revise and expand provisions in relation to the issue of replacement licences and registration books, including the furnishing of a statutory declaration verified at a local Garda Station in certain circumstances (article 19);

(8) provide that the supply of registration particulars by a licensing authority will be related to such details as are available in the relevant register (article 23);

(9) govern the provisions relating to the assignment of identification marks (article 25).