S.I. No. 385/1992:

ROAD VEHICLES (REGISTRATION AND LICENSING) (AMENDMENT) REGULATIONS, 1992.

ROAD VEHICLES (REGISTRATION AND LICENSING) (AMENDMENT) REGULATIONS, 1992.

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. Vehicle Licensing Certificate.

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, registration books, and Vehicle Licensing Certificates.

20. Appointed weighbridge.

21. Weighing of vehicles.

22. Licensing Record.

23. Supply of Licensing particulars by licensing authority.

24. Exhibition of identification marks.

PART II

Exempt Vehicles

25. Exempt vehicles.

PART III

Miscellaneous

26. Part-year licences.

27. Calculation of cylinder capacity.

28. Calculation of seating capacity.

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. 385 of 1992.

ROAD VEHICLES (REGISTRATION AND LICENSING) (AMENDMENT) REGULATIONS, 1992.

The Minister for the Environment in exercise of the powers conferred on him by sections 5 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. 19 of 1960), Section 123 of the Road Traffic Act, 1961 (No. 24 of 1961), sections 65 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) (Amendment) Regulations, 1992.

(2) These Regulations and the Road Vehicles (Registration and Licensing) Regulations, 1958 shall be construed as one and may be cited as the Road Vehicles (Registration and Licensing) Regulations, 1958 and 1992.

(3) These Regulations shall come into operation on the 1st day of January, 1993.

(4) 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 provision of these Regulations.

(5) 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);

"the Act of 1992" means the Finance Act 1992 (No. 9 of 1992);

"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" has the meaning assigned to it in Part II of the Schedule to the Act of 1952;

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

"identification mark" has the meaning ascribed to it in article 24 of these Regulations;

"invalid carriage" means a vehicle to which paragraph (f) of Section 1 (4) of the Act of 1952 applies;

"large public service vehicle" has the same meaning as in section 3 of the Act 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;

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

"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" has the meaning assigned to it by Section 64 of the Finance Act, 1976 (No. 16 of 1976);

"owner" has the meaning assigned to it by Section 130 of the Act of 1992;

"pedestrian controlled vehicle" means a vehicle to which subparagraph 1 (b) of Part 1 of the Schedule to the Act of 1952 applies;

"prescribed declaration" means a declaration made for the purposes of these Regulations;

"registration certificate" means a certificate of registration under Section 131 of the Act of 1992;

"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;

"tricycle" has the meaning assigned to it in Part II of the Schedule to the Act of 1992;

"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 obtainable at the office of the licensing authority and at such other locations as may be designated by the Minister.

PART I 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 each 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 IV 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, 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 such particulars as the Minister may from time to time direct--

(i) the identification mark of the vehicle;

(ii) the cylinder capacity of the engine expressed in cubic centimetres, maximum seating capacity, or weight unladen (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 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 ) have due regard to the registration certificate or registration book or vehicle licensing certificate as appropriate, 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, tricycle, or invalid carriage -- in a conspicuous position on the near side of the vehicle;

( b ) on a bicycle or tricycle used for drawing a sidecar -- on the near side of the handlebar of the cycle 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, the Minister shall, on receipt of notification from a licensing authority of the licensing of a vehicle which has not been previously licensed in the State, issue to the owner a vehicle licensing certificate in the prescribed form (R.F. 101) and such vehicle licensing certificate shall attach solely to that vehicle.

(2) Where a registration book or vehicle licensing certificate has previously been issued in respect of a vehicle, the applicant for a licence shall deliver the registration book or vehicle licensing certificate as appropriate to the licensing authority and the authority shall return, or request the Minister to re-issue the relevant document, to the applicant incorporating any necessary amendments.

(3) The vehicle licensing certificate or registration book as appropriate 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.

(4) No person shall deface or mutilate any vehicle licensing certificate or 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 vehicle licensing certificate or registration book.

(5) A licensing authority may require the owner of a vehicle to surrender to it for correction the vehicle licensing certificate or registration book as appropriate issued in respect of the vehicle in any case where there is reason to believe that the vehicle licensing certificate or 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, in the case of a vehicle licensing certificate request the Minister to issue a replacement certificate containing corrected particulars to the owner, and in the case of a registration book after correcting the particulars, return it to the owner.

(6) Any person finding a vehicle licensing certificate or registration book shall hand it over to the Garda Síochána for transmission to the owner of the vehicle.

(7) Notwithstanding the provisions of sub-article (2) of this article, a licensing authority may, at their discretion, issue a licence notwithstanding the non-delivery of the vehicle licensing certificate or registration book where the application for the licence does not comprise the vehicle licensing certificate or registration book as appropriate.

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 vehicle licensing certificate or registration book as appropriate, 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, if any, in accordance with directions issued by the Minister from time to time, and return the registration book, if any, to the owner or in the case where a licensing certificate has been issued for the vehicle request the Minister to issue a replacement licensing certificate to the owner containing the amended details.

8. (1) If any alteration affecting the licensing particulars in the last prescribed declaration made in respect of a vehicle shall be made to a vehicle after it has been licensed, the owner shall forthwith give notice in writing of the alteration to the licensing authority with whom such vehicle is licensed and at the same time deliver the registration book or vehicle licensing certificate to the licensing authority or the Minister, as appropriate, for re-issue to the owner, as amended.

(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), (3) and (4) of this article, on a change of address the owner of a vehicle which was registered in the State prior to the 1st day of January, 1993 shall enter particulars of his new address in the space provided in the registration book and shall forthwith deliver the registration book with such particulars entered in it to the licensing authority with whom the vehicle is licensed, 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 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 owner to the licensing authority with whom the vehicle is licensed, who shall note the change of address and, if necessary, transfer the relevant vehicle particulars to the licensing authority with whom the vehicle shall henceforth be licensed.

(4) On a change of address, the owner (including a motor dealer) of a vehicle which was first licensed in the State on or after the 1st day of January, 1993 shall enter particulars of the owner's new address in the space provided in the licensing certificate and shall forthwith deliver the licensing certificate with such particulars entered in it to the Minister who shall note the change of address, issue an amended licensing certificate to the owner and notify the appropriate licensing authority.

10. Subject to the provisions of sub-article (8) of this Article on the sale of a vehicle, other than a vehicle which is being sent permanently out of the State, which was licensed in the State prior to the 1st day of January, 1993, 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 licensing record, and

( b ) arrange forthwith to verify the details in the registration book by reference to the relevant licensing record, note the relevant particulars in that record, 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 recipient licensing authority shall arrange forthwith to have the change in the appropriate licensing authority duly recorded in the licensing record as at paragraph (a) of sub-article (5) of this article and furnished to the appropriate licensing authority.

(8) On the sale of a vehicle which was first licensed in the State on or after the 1st day of January, 1993 the new owner (including where the new owner is a motor dealer) shall complete Part B of the vehicle licensing certificate and the new owner shall retain Part A of the vehicle licensing certificate and the owner transferring the vehicle shall deliver the completed Part B of the vehicle licensing certificate to the Minister. On receipt of Part B of the vehicle licensing certificate, the Minister shall note the change of owner and issue an amended vehicle licensing certificate to the new owner and notify the appropriate licensing authority.

11. Where any person acquires a vehicle in circumstances to which article 10 does not apply such person shall:--

( a ) in the case of vehicle which was licensed in the State prior to the 1st day of January, 1993, 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 by the licensing authority in the relevant licensing record, or

( b ) in the case of a vehicle which was first licensed in the State on or after 1st day of January, 1993 insert his name and address in the relevant part of the licensing certificate and deliver it forthwith to the Minister who shall note the change of owner, issue an amended licensing certificate to the new owner of the vehicle, and notify the appropriate licensing authority.

12. (1) Subject to sub-article (3) of this Article where any vehicle, which was licensed in the State prior to the 1st day of January, 1993, 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.

(3) Where any vehicle first licensed in the State on or after the 1st day of January, 1993 shall be scrapped or destroyed the owner shall enter particulars in the space provided in the licensing certificate and shall forthwith deliver the licensing certificate with such particulars entered in it together with the licence to the Minister who shall note that the vehicle was scrapped or destroyed, and notify the appropriate licensing authority.

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

( a ) the vehicle has been stolen and has not been recovered by the owner, 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 licensed, 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 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 licensed and any refund shall be made to the said owner.

(2) On making such application, the owner shall deliver the vehicle licensing certificate or registration book, as appropriate, relating to the vehicle, if available, to the licensing authority or furnish a declaration on the 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) Save in the case of a refund in respect of a licence delivered pursuant to article 12 of these Regulations, the licensing authority shall return the registration book or licensing certificate to the owner to which this article applies, incorporating in the case of a registration book, such particulars as the Minister may from time to time direct.

15. (1) A refund in respect of the duty paid 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, or

( 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 ninety 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 vehicle licensing certificate or registration book, as appropriate--

( 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.

(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 licensing record.

(2) The applicant for a repayment of duty under sub-article (1) of this article shall deliver the vehicle licensing certificate or registration book, as appropriate in respect of the vehicle to the licensing authority, who shall return, or request the Minister to re-issue, the relevant document incorporating any necessary amendments to the owner.

17. Where the amount of a refund payable under article 14 or article 15 of these Regulations equals a number of whole pounds and a fraction of a pound, the fraction shall be regarded as a whole pound.

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 licensed 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 defraced 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 or a vehicle licensing certificate issued by the Minister under these Regulations has been lost or stolen, 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 or vehicle licensing certificate 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 licensed for the issue to him of a replacement registration book or vehicle licensing certificate as appropriate 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 or vehicle licensing certificate (if available) shall, subject to the provisions of sub-articles (3), (4) and (5) of this article, issue or arrange to have issued by the Minister, a replacement registration book or vehicle licensing certificate, as appropriate, marked as a "replacement" upon payment of the relevant amount specified in the Fourth Schedule to these Regulations, and the replacement registration book or vehicle licensing certificate, so issued shall have the same effect as the original registration book or vehicle licensing certificate.

(3) Any application for a replacement licence or a replacement registration book or a replacement vehicle licensing certificate must be accompanied by the licence or registration book or vehicle licensing certificate, as appropriate, (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 licensing record, 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 or vehicle licensing certificate 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 or certificate a person is unable to comply with the provisions of sub-articles (1) or (4) of article 9 or article 11 of these Regulations by reason of the insufficiency of space in the relevant portion of the registration book or vehicle licensing certificate, the replacement licence or registration book or vehicle licensing certificate, shall be issued free of charge.

(6) If at any time after the issue of a replacement licence or registration book or vehicle licensing certificate the original licence or registration book or vehicle licensing certificate 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 or who arranged the issue of a replacement vehicle licensing certificate by the Minister.

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 additions 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. The Minister and every licensing authority shall on issue of the first licence in respect of a vehicle, establish and thereafter maintain in such form as the Minister may decide a licensing record in respect of such vehicle. Every licensing authority shall furnish information required by the Minister to establish and thereafter maintain the licensing record including information in such form and at such times as the Minister may direct.

23. (1) The Minister or licensing authority shall, upon application, supply free of charge to any other licensing authority or to a member of the Garda Síochána, or to the Revenue Commissioners, or 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 licensed vehicle.

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

( 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 the Automobile Association for the purposes of the Mechanically Propelled Vehicles (International Circulation) Order, 1992, 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 recorded or licensed with his licensing authority on a specified date or dates or during a specified period,

( b ) as to the name of the owner of a vehicle and as to the owner's address as shown in the licensing record 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 by evidence until the contrary is proved of such of the matters aforesaid as are purported to be certified in and by such certificate.

24. (1) The identification mark of a vehicle, registered in the State prior to 1st day of January, 1993, 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.

PART II Exempt vehicles.

25. (1) Subject to the modifications and adaptations hereinafter specified, and subject to the provisions of sub-article (3) of this Article, any reference to a licence in Part 1 of these Regulations 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 1 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 ) Where a State-owned vehicle which was registered in the State prior to the 1st day of January, 1993 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 licensed 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 licensed is not the appropriate licensing authority, the appropriate licensing authority shall thereupon arrange to have the licence papers transferred to them and the licensing record relating to that vehicle shall thereafter be kept by them.

( f ) Where any State-owned vehicle which was registered in the State prior to the 1st day of January, 1993 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 licensed.

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

( h ) 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 1 of these Regulations 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 licensed.

( 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

26. (1) A licence may be taken out under Section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 for a period of three months or six months ending on the last day of any month in respect of a vehicle (not being a tramcar or a vehicle on which duty is chargeable at an annual rate which is less than £90) on payment of an amount equal to 27.5 percent. or 55 percent, respectively, of the full annual rate of duty.

(2) Where the amount referred to in sub-article (1) of this article is a number of whole pounds and a fraction of a pound, the fraction shall be regarded as a whole pound.

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 shall be:--

( a ) in the case of any vehicle deriving its motive power wholly from an internal combustion engine;

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

(ii) 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 crankshaft measured in centimetres multiplied by 0.7854; and

(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 position associated with that diameter moves during one-half of a revolution of the engine crankshaft measured in centimetres multiplied by 0.7854.

( b ) in the case of any vehicle deriving its motive power wholly from a rotary piston engine the total cylinder capacity attributable to the rotary-pistons calculated in respect of each rotary-piston by dividing the displacement volume attributable to the rotary-piston by half 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, the effective heating surface of the boiler supplying steam to such engine, at the rate of one cubic centimetre for every 22.3 square centimetres 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.

(2) 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.

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 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 four hundred millimetres 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 multiplying the floor area of such vehicle by two.

(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 of space occupied by the driver) measured in square metres, 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 metres.

(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.

FIRST SCHEDULE

Revocations

SECOND SCHEDULE

Forms Prescribed for Purposes of These Regulations

THIRD SCHEDULE

Form of Identification Marks

Part I

Article 24

Provisions to be complied with in respect of vehicles registered before the 1st day of January, 1987.

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 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 of 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 translucence 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 be 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 figures 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 of 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.

10. The provisions of this Part of this Schedule shall be deemed to be complied with if the identification mark exhibited on the vehicle complies with the provisions of Part III of this Schedule.

Article 25

Part II

Form of Identification Marks

Provisions to be complied with in respect of vehicles first registered on or after the 1st day of January, 1987 but not later than the 31st day of December, 1990:

1. ( a ) Where the identification mark contains a single letter index mark it shall, at the option of the owner, be arranged in conformity with either Diagram No. 5 or Diagram No. 6 shown above.

( b ) Where the identification mark contains a two letter index mark it shall, at the option of the owner, be arranged in conformity with either Diagram No. 7 of Diagram No. 8 above.

2. The identification mark may be exhibited on a metal or plastic plate or in the case of a large public service vehicle, it may be illuminated by translucence or transparency.

3. Where an identification mark is exhibited on a metal plate, the surface shall be constructed of white reflex reflective material and the identification mark shall be formed of black letters and figures which shall be embossed by being raised above the surface of the reflex reflective material and form part of the plate.

4. (1) Subject to sub-paragraphs (2) and (3) of this paragraph, where the identification mark is exhibited on a plastic plate the identification mark shall be exhibited on white reflex reflective material which shall be affixed with an adhesive substance to the rear of the plate and be so affixed that it cannot be readily detached therefrom.

(2) The identification mark exhibited on a plastic plate in accordance with sub-paragraph (1) of this paragraph, shall be so exhibited that it can be clearly read from the front of the mark as black letters and figures on a white reflex reflective material.

(3) A plastic plate shall be constructed of transparent material of at least 2.5 millimetres in thickness.

(4) In the case of a large public service vehicle, where the identification mark is so constructed and used that it is illuminated by transparency or translucency the letters and figures shall, 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, white. At all other times the letters and figures shall appear white against a black background.

5. Subject to the provisions of paragraph 9 of this Part of this Schedule, all letters and figures of an identification mark shall be at least 81 millimetres high and be of uniform height; every part of every letter and figure shall be at least 12 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", shall be at least 48 millimetres.

6. Subject to the provisions of paragraph 9 of this Part of this Schedule, in an identification mark there shall be a margin between the nearest part of any letter or figure and the top or bottom of the surface of white reflex reflective material upon which the identification mark appears, of at least 8 millimetres and between the nearest part of any letter or figure and the sides of the surface of white reflex reflecting material, of at least 8 millimetres.

7. Subject to the provisions of paragraph 9 of this Part of this Schedule, in an identification plate:

( a ) the space between the nearest parts of adjoining figures shall be uniform and be at least 8 millimetres;

( b ) the space between the nearest parts of adjoining letters shall be equal to the space between adjoining figures;

( c ) the space between the index mark and adjoining figures shall be three times the space between the nearest part of adjoining figures,

8. Subject to the provisions of paragraph 9 of this Part of this Schedule, where the identification mark is arranged in accordance with Diagram No. 5 or Diagram No, 7 shown above, the space between the upper and lower line shall be at least 13 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 Part of this Schedule may be halved and the plate or surface bearing the identification mark need not be rectangular, provided that the letters and figures thereon comply as nearly as possible with the arrangement shown in whichever diagram of this Schedule is appropriate.

10. The provisions of this Part of this Schedule shall be deemed to be complied with if the identification mark exhibited on the vehicle complies with the provisions of Part III of this Schedule.

Article 24

PART III

Form of Identification Marks

Provisions to be complied with in respect of vehicles registered on or after the 1st day of January, 1991, but not later than 31st day of December, 1992.

1. The identification mark of a vehicle shall be displayed on a rectangular plate in conformity with either Diagram No. 9 or Diagram No. 10 shown above.

2. ( a ) The plate on which an identification mark is exhibited shall not contain any words, letters, numbers, emblems, or other marks of any kind other than those required under this Part.

( b ) The identification mark shall not incorporate the figure nought unless such figure forms part of the identification mark assigned to the vehicle by the licensing authority.

3. The plate on which an identification mark is exhibited shall exhibit the appropriate placename as set out in paragraph 4 of this Part, the flag of the European Communities and the letters IRL all of which shall be arranged in conformity with this Part.

4. The appropriate placename in relation to any vehicle means the name shown in the following Table corresponding to the index mark assigned to the vehicle.

TABLE

Index Mark and Corresponding Placenames

5. The periphery of the plate shall be marked all around by a black border having a stroke width of 5 millimetres.

6. The identification mark shall be exhibited on a metal or plastic plate.

7. An identification mark which is exhibited on a metal plate shall be embossed by being raised above the flat surface of the plate and shall form part of the plate.

8. An identification mark which is exhibited on a plastic plate shall be affixed with an adhesive substance to the rear of the plate and be so affixed that it cannot be readily detached therefrom.

9. A plastic plate on which an identification mark is exhibited shall be constructed of transparent material of at least 2.5 millimetres in thickness.

10. The identification mark and placename shall be formed of black characters and shall be exhibited on white reflex reflective material so that the identification mark appears at all times from the front of the plate as black characters on a white background.

11. The flag of the European Communities shall appear as a circle of twelve gold stars against a blue background (of a colour shade generally known as royal blue); the centre points of the twelve stars shall form a circle with a radius of 15 millimetres and the straight lines forming the apexes of the stars shall be 4 millimetres in length.

12. The letters IRL shall appear in white letters on the blue background of the flag of the European Communities underneath the circle of stars and each such letter shall have a height of 20 millimetres and a stroke width of 4 millimetres. The total width of the space taken by each of the letters R and L shall be 12 millimetres. The distances between adjoining letters shall be uniform.

13. The blue background and gold stars of the flag of the European Communities and the white letters IRL shall be formed of reflex reflective material.

14. The placename shall appear in black letters above the identification mark and each letter of the placename shall have a height of not less than 12 millimetres and a stroke width of not less than 3 millimetres. The total width of the space taken by each letter (other than the letter I) shall be not less than 9 millimetres. Where an accented vowel occurs in the placename the length accent character shall have a height of 2 millimetres above the letter. The distance between the nearest parts of adjoining letters shall be uniform. Where the placename comprises more than one word the distances between the nearest letters of adjoining words shall be uniform and not less than three times the distance between adjoining letters.

15. The identification mark shall appear in black characters and each letter or figure shall have a height of 70 millimetres and a stroke width of 10 millimetres. The total width of the space taken by each letter or figure (other than the letter "I" or the number "1") shall be 36 millimetres. The distances between adjoining letters and adjoining figures shall be uniform and shall be not less than 8 millimetres.

16. The distance between the inner edge of the blue background of the flag of the European Communities and the first letter of the placename shall be equal to the distance between the last letter of the placename and the inner edge of the black border on the right-hand side of the plate and shall not be less than 8 millimetres.

17. In the case of an identification mark which is exhibited on a plate in conformity with Diagram No. 9 shown above--

( a ) the external size of the plate shall be 520 millimetres in width and 110 millimetres in height;

( b ) the blue background of the flag of the European Communities shall extend vertically from the inner edge of the black border at the top of the plate to the inner edge of the black border at the bottom of the plate and shall extend horizontally for a distance of 40 millimetres from the inner edge of the black border on the left-hand side of the plate;

( c ) the distance between the inner edge of the blue background of the flag of the European Communities and the first figure of the identification mark shall be equal to the distance between the last figure of the identification mark and the inner edge of the black border on the right-hand side of the plate and shall not be less than 8 millimetres;

( d ) the index mark shall be separated from adjoining figures on each side of the index mark by a hyphen with a stroke width of 10 millimetres which shall extend horizontally for a distance of 22 millimetres; the distances between each hyphen and the nearest part of any adjoining letter or figure shall be uniform and shall not be less than 10 millimetres;

( e ) the margin between the inner edge of the black border at the top of the plate and the nearest part of any letter in the placename (excluding any length accent) shall be 5 millimetres in height;

( f ) the space between the nearest part of any letter of the placename and any letter or figure of the identification mark shall be not less than 4 millimetres in height;

( g ) the space between the nearest part of any letter or figure of the identification mark and the inner edge of the black border at the bottom of the plate shall be not less than 8 millimetres in height.

18. In the case of an identification mark which is exhibited on a plate in conformity with Diagram No. 10 shown above:--

( a ) the external size of the plate shall be 340 millimetres in width and 220 millimetres in height;

( b ) the blue background of the flag of the European Communities shall be located at the top left-hand corner of the plate and shall extend vertically downwards from the inner edge of the black border at the top of the plate for a distance of 100 millimetres and shall extend horizontally from the inner edge of the black border at the left-hand side of the plate for a distance of 40 millimetres;

( c ) the distance between the inner edge of the blue background of the flag of the European Communities and the first figure of the identification mark shall be equal to the distance between the last letter of the index mark and the inner edge of the black border on the right-hand side of the plate;

( d ) the index mark shall be separated from the figures on the upper line of the identification mark by a hyphen with a stroke width of 10 millimetres which shall extend horizontally for a distance of 22 millimetres; the distances between the hyphen and the nearest part of any adjoining letter or figure shall be uniform and shall not be less than 10 millimetres;

( e ) the distance between the inner edge of the black border at the left-hand side of the plate and the nearest figure on the lower line of the identification mark shall be equal to the distance between the last figure on that line and the inner edge of the black border at the right-hand side of the plate and shall not be less than 40 millimetres;

( f ) the margin between the inner edge of the black border at the top of the plate and the nearest part of any letter in the placename (excluding any length account) shall be 12 millimetres in height;

( g ) the space between the nearest part of any letter of the placename and the nearest part of any character in the upper line of the identification mark shall be not less than 12 millimetres in height;

( h ) the space between the upper and lower line of the identification mark shall be not less than 12 millimetres in height;

( i ) the margin between the lower line of the identification mark and the inner edge of the black border at the bottom of the plate shall be not less than 12 millimetres in height.

19. In the case of an identification mark and plate exhibited on a bicycle, an invalid carriage or a pedestrian-controlled vehicle:--

( a ) any of the dimensions prescribed in paragraphs 5, 11, 12, 14, 15, 16, 17 or 18 of this Part may be reduced to an amount which is not less than half of the amount so prescribed, and

( b ) the plate bearing the identification mark need not be rectangular provided that the letters and figures thereon comply as nearly as possible with the arrangement shown in Diagram No. 9 or Diagram No. 10 shown above or as described in paragraph 20 of this Part, as the case may be.

20. In the case of a bicycle, an invalid carriage or a pedestrian-controlled vehicle on which an identification mark is displayed on a plate generally of the type shown in Diagram No. 10 shown above and the dimensions of the identification mark or plate are reduced in accordance with paragraph 19 of this Part, the identification mark or plate shall not be held to be in contravention of this Part solely because:--

( a ) the flag of the European Communities is located at the bottom left-hand corner of the plate, and

( b ) part of the placename is located overhead the flag of the European Communities.

21. In the case of a vehicle which is provided with an indented space to accommodate a registration plate and the size of the space is such that it can accommodate neither a plate of the dimensions prescribed in paragraph 17 (a) of this Part nor a plate of the dimensions prescribed in paragraph 18 (a) of this Part, the dimensions prescribed in paragraphs 5, 11, 12, 14, 15, 16, 17 or 18 of this Part may be reduced provided that the dimensions as so reduced comply as nearly as possible with the dimensions so prescribed.

22. An identification mark or plate shall not be held to be in contravention of this Part by reason only of failure to comply with the dimensions prescribed in this Part provided that:--

( a ) in the case of a prescribed dimension which is 70 millimetres or less, the difference between the dimension of the identification mark or plate and the prescribed dimension is not greater than 1 millimetre, and

( b ) in the case of a prescribed dimension which is greater than 70 millimetres, the difference between the dimension of the identification mark or plate and the prescribed dimension is not greater than 3 millimetres.

23. The provisions of paragraphs 1 to 22 of this Part shall not apply in the case of a large public service vehicle on which an identification mark is so constructed and used that it is illuminated by transparency or translucency and in such a case the characters of the identification mark shall appear white when the mark is so illuminated during lighting-up hours and shall appear at all other times white against a black background.

24. The provisions of this Part and Part II of this Schedule shall be deemed to be complied with in relation to an identification mark which incorporates the index mark ZV if the identification mark exhibited on the vehicle complies with the provisions of Part 1 of this Schedule.

FOURTH SCHEDULE

Certain Charges

Articles

Sub-article (1) of article 19: -- charge for replacement licence -£5.

Sub-article (2) of article 19: -- charge for replacement licensing certificate or registration book - £10.

Paragraph (a) of sub-article (2) of article 23: -- charge for supply of particulars of any vehicle licensed with a licensing authority - £5.

GIVEN under the Official Seal of the Minister for the Environment, this 10th day of December, 1992.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations restate provisions relating to the licensing of vehicles to take account of the transfer of responsibility for registration of mechanically propelled vehicles to the Revenue Commissioners, with effect from 1st January, 1993.The Regulations provide for the issue of a vehicle licensing certificate and for a new change of ownership procedure in the case of any mechanically propelled vehicle first licensed in the State on or after 1st January, 1993.

The Regulations consolidate, with amendments, seven Regulations dating back to 1982.