STATUTORY INSTRUMENTS.

S.I. No. 395 of 1999.

ROAD TRAFFIC (NATIONAL CAR TEST) REGULATIONS, 1999.

S.I. No. 395 of 1999.

ROAD TRAFFIC (NATIONAL CAR TEST) REGULATIONS, 1999.

In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 5, 11, 18 and 123 of the Road Traffic Act, 1961 , ( No. 24 of 1961 ) which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997 ( S.I. No. 427 of 1997 ) and for the purposes of giving effect to the provisions of Council Directive 96/96/EC¹ , I, ROBERT MOLLOY, Minister of State at the Department of the Environment and Local Government hereby make the following Regulations:

1. (1) These Regulations may be cited as the Road Traffic (National Car Test) Regulations, 1999.

(2) The Road Traffic (Car Testing) Regulations, 1998 ( S.I. No. 481 of 1998 ) are hereby revoked.

(3) These Regulations shall come into operation on 4 January, 2000.

2. (1) In these Regulations:--

“anniversary of first registration” means a date that is one or more years after the date on which a vehicle was first registered;

“authorised person” means a person designated by the Minister to act on the Minister's behalf for the purposes of inspecting premises, equipment, vehicles, records, personnel and systems in connection with the operation of these Regulations;

“biennial of first registration” means a date that is one or more periods of two years after the date on which a vehicle was first registered;

“date of first registration” means the date on which a vehicle was first registered, irrespective of place of registration, or where only the year of first registration is known, that year, in combination with the day and month of first registration in the State;

“design gross vehicle weight” means the design gross weight of the vehicle as specified by the manufacturer or distributor of the vehicle or, where such is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer;

“driver” means the person in charge of a mechanically propelled vehicle when it is in a public place;

“first licence” means the first licence issued for a vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 ;

“historic vehicle” means a vehicle to which sub-paragraph (a) of paragraph 5 of the Schedule to the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952) applies;

“issuing authority” means the authority so designated in accordance with article 14;

“licence” means a licence issued for a vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 ;

“licensing authority” means the council of a country or the corporation of a county borough which for the time being exercises or performs the functions of a licensing authority under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 ;

“listed vehicle” means a mechanically propelled vehicle the date of first registration of which is thirty or more years before the test due date;

“Minister” means the Minister for the Environment and Local Government;

“National Car Testing Service Limited” means the company of that name incorporated in Ireland;

“owner” means--

(a) of a vehicle (other than a vehicle referred to in paragraph (b)), the person by whom the vehicle is normally kept;

(b) of a vehicle which is the subject of a hire-purchase agreement or a lease, the person in possession of the vehicle under the agreement or lease;

“Principal Act” means the Road Traffic Act, 1961 (Number 24 of 1961);

“re-test” means the examination carried out on a vehicle in accordance with these Regulations, subsequent to the refusal of a test certificate in respect of that vehicle, provided--

(a) the application for the re-test is made not more than 21 days from the day on which the test certificate was refused, and

(b) such test is carried out on a day which--

(i) is not more than 4 weeks from the day on which the test certificate was refused, and

(ii) is prior to the date on which the vehicle would next be liable for a test had the test certificate not been refused;

“test” means an examination of a vehicle carried out in accordance with these Regulations;

“testing authority” means the authority designated in accordance with sub-article (1) of article 9;

“test centre” means a premises in which the testing authority carries out tests on vehicles in accordance with these Regulations;

“test certificate” means a test certificate in the form set out in Schedule 1;

“test disc” means a disc in the form designated as the NCT disc on the test certificate;

“test due date” means the date specified in sub-article (2) of article 4;

“test equipment” means the equipment used by the testing authority to carry out tests on vehicles in accordance with these Regulations;

“test report” in respect of a vehicle which is powered by a diesel engine, which has been tested in accordance with these Regulations, means the report in the form set out in Schedule 2a;

“test report” in respect of a vehicle which is powered by a petrol engine, which has been tested in accordance with these Regulations, means the report in the form set out in Schedule 2b;

“valid test disc” means a test disc which is displayed on a vehicle in respect of which there is in force a test certificate;

“vehicle” means a mechanically propelled vehicle.

(2) In these Regulations--

(a) any reference to an article or schedule which is not otherwise identified is a reference to the article or schedule of these Regulations,

(b) any reference to a sub-article which is not otherwise identified is a reference to the sub-article of the article in which the reference occurs.

3. (1) Subject to sub-article (2) and to article 4, section 18 of the Principal Act and these Regulations shall apply to vehicles having at least four wheels, which are designed and constructed primarily for the carriage of passengers and which have a maximum of 8 seats excluding the driver's seat and a maximum design gross vehicle weight of 3,500 kilograms.

(2) Sub-article (1) shall not apply to a vehicle--

(a) which is an historic vehicle,

(b) which is solely used on an off-shore island,

(c) which is being driven to a test centre, for the purposes of having a test, or a re-test, carried out, for which an appointment had been made prior to the time of such driving,

(d) on the day on which a test certificate in respect of the said vehicle had been refused,

(e) which is a small public service vehicle in accordance with the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1995 ( S.I. No. 136 of 1995 )

4. (1) Subject to sub-paragraph (2) of article 3, section 18 of the Principal Act and these Regulations shall apply to a vehicle that was first registered--

(i) before 1 January, 1992, from the anniversary of first registration which occurs in the year 2000;

(ii) between 1 January, 1992 and 31 December 1996, inclusive of both dates, from the anniversary of first registration which occurs in the year 2001;

(iii) on or after 1 January, 1997, from the anniversary of first registration which occurs in the year 2002, or, from the fourth anniversary of first registration, whichever is the later day;

(iv) in the case of a vehicle for which a certificate of roadworthiness in accordance with the European Communities (Vehicle Testing) Regulations 1991 to 1999 was issued on or before 3 January 2000, from the date on which such certificate ceases to be current.

(2) The date provided for in sub-article (1) in respect of a vehicle together with each biennial of first registration, shall be termed the test due date in respect of that vehicle.

5. A person shall not use in a public place a vehicle to which these Regulations apply unless there is displayed on the front windscreen of the said vehicle a valid test disc.

6. From 1 April, 2000, a licensing authority shall refuse to issue the first licence, or renew a licence, for a vehicle to which these Regulations apply unless the application for such licence or such renewal is accompanied by a test certificate which will be in force in respect of the vehicle on the day on which such licence comes into operation.

7. (1) Subject to sub-article (2) a test certificate shall cease to be in force on the next test due date which occurs after the said certificate was issued.

(2) A test certificate which is issued not more than 60 days before a test due date shall continue in force until the subsequent test due date.

(3) A test disc shall cease to be a valid test disc on the day on which the test certificate to which it relates either ceases to be in force or is cancelled pursuant to sub-article (1) of article 16.

8. (1) The application to have a test, or re-test as the case may be, carried out on a vehicle shall be deemed to be a simultaneous application for a test certificate and shall be made to the testing authority.

(2) The application provided for in sub-article (1) may be made in person, by writing, by facsimile, by telephone or by E-mail.

(3) Notwithstanding sub-article (1), an application for a test certificate shall be deemed to have been made in accordance with these Regulations whenever the owner, or the owner's agent, accepts with or without amendment, in person, in writing, by facsimile, by telephone or by E-mail, an unsolicited offer of an appointment made by the testing authority in writing to carry out a test on a specified vehicle.

9. (1) National Car Testing Service Limited is hereby designated as the testing authority for the purposes of carrying out tests in accordance with the Principal Act and these Regulations.

(2) Tests of vehicles pursuant to these Regulations shall be carried out by persons employed by the testing authority for that purpose.

(3) The testing authority is hereby delegated to--

(a) act on behalf of the issuing authority for the receipt of applications for test certificates,

(b) where the issuing authority has issued a test certificate deliver, on behalf of the issuing authority, to the owner of the vehicle, the test report and test certificate incorporating the test disc,

(c) where the issuing authority has refused a test certificate, to deliver, on behalf of the issuing authority, to the owner of the vehicle in question, the test report.

(4) The test report shall be substantially in the form set out in Schedule 2.

(5) Where the issuing authority refuses to issue a test certificate, the reasons for such refusal shall be set out in the test report.

10. (1) Subject to sub-article (4), the fee for a test shall be £35.00, inclusive of Value Added Tax.

(2) Subject to sub-article (4), the fee for a re-test shall be £19.80, inclusive of Value Added Tax.

(3) A re-test of a vehicle, which does not require the use of test equipment in a test lane in a test centre shall not be subject to a fee.

(4) Subject to sub-article (5), the testing authority may require payment of a fee of £55.00 inclusive of Value Added Tax for a test or £30.00, inclusive of Value Added Tax, for a, retest, of a vehicle which the owner or the owner's agent had failed to present for test, or re-test as the case may be, in accordance with the confirmed appointment for the test or re-test.

(5) Sub-article (4) shall not apply in any case where the owner or the owner's agent gives at last 5 working days advance notice in person, in writing, by telephone, by facsimile or by E-mail to the testing authority, of intention not to present the vehicle for test, or re-test as the case may be, at the appointed time.

11. (1) In carrying out a test on a vehicle, the items to be tested and the methods of testing shall be in accordance with the National Car Test (NCT) Manual 1999, as published by the Stationery Office, in August, 1999.

(2) In carrying out a re-test--

(a) the items to be tested shall be those items the condition of which constituted reasons for refusal of the test certificate.

(b) the methods of testing shall be in accordance with sub-article (1).

(3) The testing authority may refuse to carry out a test or a re-test--

(a) on a vehicle in respect of which prior application for an appointment for the test had not been granted,

(b) where the prescribed fee has not been paid in respect of the test,

(c) where the owner or the driver of the vehicle fails to produce the vehicle registration book, vehicle registration certificate or vehicle licensing certificate in respect of the vehicle at the time of test,

(d) where the vehicle identification number of the vehicle as shown on the vehicle registration book, vehicle registration certificate or vehicle licensing certificate, whichever is produced, is not the same as that on the vehicle,

(e) where the testing authority considers that the vehicle is in such a condition that it would not be safe or practicable to carry out the test.

12. Upon completion of a test of a vehicle pursuant to these Regulations, the testing authority shall provide the issuing authority with the test report.

13. (1) The issuing authority shall be satisfied that a vehicle complies with the prescribed requirements for the issue of a test certificate where none of the reasons for refusal of a test certificate, are found to be present during a test on the vehicle.

(2) Subject to sub-article (3), the reasons for the refusal of a test certificate shall be one or more of those reasons for failure contained in the Test Manual and which are set out in Schedule 3.

(3) Where in the course of a test in accordance with these Regulations, the testing authority forms the opinion that a defect, notwithstanding that it is not specified in Schedule 3, is such that when in use, the vehicle in question would be a danger to the public, such defect shall be a reason for the refusal of a test certificate.

(4) The issuing authority shall refuse to issue a test certificate for a vehicle where--

(a) the vehicle has not been tested or re-tested as the case may be, in accordance with these Regulations, or

(b) the test report contains one or more of the reasons for refusal of a test certificate, which are set out in Schedule 3 or a reason for refusal in accordance with sub-article (3).

(5) Subject to sub-article (6), where the issuing authority does not refuse to issue a test certificate, the testing authority shall forthwith deliver the test report and the test certificate incorporating the test disc, to the owner of the vehicle,

(6) Where the issuing authority refuses to issue a test certificate in respect of a vehicle, the testing authority shall forthwith deliver the test report incorporating a statement of the reasons for the said refusal, to the owner of the vehicle.

14. The Minister for the Environment and Local Government is hereby designated to be the issuing authority for the purposes of paragraphs (a), (b) and (c) of sub-section (8) of section 18 of the Principal Act.

15. Where, in the case of an appeal under sub-section (8) of section 18 of the Principal Act, a Judge of the District Court directs a new test of the vehicle, the new test shall be carried out within 21 days of such direction, by a person employed by the testing authority, other than the person by whom the test which gave rise to the refusal of a test certificate was carried out and, if the owner so requests, at another test centre nominated by the said owner.

16. (1) Subject to sub-article (2), the testing authority may, on application from the owner of a vehicle which it has tested, issue a duplicate test certificate incorporating a duplicate test disc or a duplicate of the test report in respect of such vehicle to the owner.

(2) The application for either a duplicate test certificate incorporating a test disc or for a duplicate test report shall be made in writing to the testing authority and shall include--

(a) such information relating to the original test certificate incorporating the test disc or original test report as the issuing authority may require,

(b) be made only by the owner of the vehicle in respect of which the test certificate or test disc is being applied for, in writing, by facsimile or by E-mail,

(c) be accompained by

(i) a fee of £10.00 and

(ii) a declaration signed in the presence of a member of the Garda Síochána or a Peace Commissioner that the information provided pursuant to paragraph (a) is true.

(4) A duplicate test certificate incorporating a test disc shall be so marked on both the test certificate and test disc.

17. (1) At any reasonable time, an authorised person may inspect premises, equipment, vehicles, records, personnel and systems and any other matters in connection with the carrying out of tests pursuant to these Regulations for the purpose of making a report to the Minister.

(2) For the purpose of preparing a report for the Minister an authorised person may copy any record held in any form whatsoever by the testing authority.

18. (1) Article 5 of these Regulations shall be a penal Regulation.

(2) Where a person is charged with an offence under sub-section (1) of section 18 of the Principal Act or article 5 of these Regulations and the date of the alleged offence is not later than 31 March, 2000, it shall be a good defence to show that an appointment for a test had been confirmed by the owner of the vehicle to the testing authority for a day later than the date of the alleged offence and that the said appointment had not been subsequently cancelled by the owner.

SCHEDULE 1

Form of test certificate and test disc

It is hereby certified that the vehicle described in this Certificate was tested on               in accordance with the Road Traffic (National Car Test) Regulations and was found to comply therewith.

Deimhnítear leis seo gur tástáladh an fheithicil a chuirtear síos uirthi sa Teastas seo ar an de réir na Rialachán um Thrácht ar Bhóithre (An Trialacháin Náisiúnta Ghluaisteán) agus go gcloíonn an fheithicil leis na rialacháin chéanna.

PARTICULARS/SONRAÍ

Date of First Registration:

Dáta a Chéadchláraíodh:

Odometer Reading:

Léamh Odaiméadair:

Vehicle Type:

Saghas Feithicle:

This Certificate will expire on:

Rachaidh an Teastas seo in éag ar:

SCHEDULE 2a

Form of Test Report (diesel)

1. FAIL/REFUSAL:       This vehicle must be repaired and returned for re-testing.

2. FAIL/ADVISORY:     This vehicle must be repaired.

SCHEDULE 2b

Form of Test Report (petrol)

1. FAIL/REFUSAL:       This vehicle must be repaired and returned for re-testing.

2. FAIL/ADVISORY:     This vehicle must be repaired.

SCHEDULE 3²

Reasons for refusal of a test certificate

Section 2: emissions: exhaust smoke (diesel)

(1) Vehicles registered on or after 1 January, 1980 -- where the average smoke meter reading is higher than 2.5m^-1 in the case of naturally aspirated diesel engines, and where the average smoke meter reading is higher than 3.0m^-1 in the case of turbo charged diesel engines.

(2) Vehicles registered before January, 1980 -- the exhaust emission is coloured black haze or darker.

Section 3: emissions: carbon monoxide

(1) In the case of vehicles first registered before 1 October, 1986 -- the carbon monoxide content is more than 4.5% at idling speed.

(2) In the case of vehicles first registered between 1 October, 1986 and 31 December, 1993 (inclusive of both dates) -- the carbon monoxide content is more than 3.5% at idling speed.

(3) In the case of vehicles first registered on or after 1 January, 1994 -- the carbon monoxide content is more than 0.5% at idling speed.

(4) In the case of vehicles first registered on or after 1 January, 1994 -- the carbon monoxide content is more than 0.3% at either 2,500 RPM or at the speed specified by the vehicle manufacturer.

Section 3: emissions: hydrocarbon (HC)

(1) In the case of vehicles first registered before 1 October, 1986 -- the hydrocarbon content is more than 1,000ppm at idling speed.

(2) In the case of vehicles first registered between 1 October, 1986 and 31 December, 1993 (inclusive of both dates) -- the hydrocarbon content is more than 750ppm at idling speed.

(3) In the case of vehicles first registered on or after 1 January, 1994 -- the hydrocarbon content is more than 200ppm at either 2,500 RPM or at the speed specified by the vehicle manufacturer.

Section 3: emissions: lambda

In the case of vehicles first registered on or after 1 January, 1994, the lambda value at either 2,500 rpm or at the speed specified by the manufacturer is not 1+/-0.03 or within the vehicle manufacturer's recommendation.

Section 13: safety belts

(1) For vehicles registered on or after the 1 June, 1971, a lap and diagonal type safety belt is not provided for the driver and outer front seat.

(2) For vehicles registered on or after 1 January, 1992

(a) a lap and diagonal type belt is not provided for all outer forward facing seats.

(b) a lap and diagonal or lap type safety belt is not provided for all other forward facing seats.

(3) belts badly frayed or cut.

(4) any load bearing member of the vehicle structure or panelling within 30 cm of a safety belt anchorage point is cracked, corroded or in an otherwise weakened condition.

(5) belts mounting unsatisfactory (e.g. incorrect bolts fitted).

Section 14: steering wheel play

(1) Excessive rotational play (20° or more) in the steering box.

(2) Excessive rotational play (5° or more) in the Rack and Pinion.

(3) Steering wheel/column/shaft has excessive end float, or is insecure or broken.

(4) Bushes/bearings/mounting brackets for steering wheel/column/shaft missing, worn, damaged or insecure.

(5) Shear pin in telescopic column broken.

(6) Universal joint/clamp is damaged, worn, insecure or badly deteriorated.

(7) A retaining or locking device is missing or insecure.

Section 21: service brake performance

(1) The braking effort of the vehicle is less than 55% of the test weight of the vehicle.

(2) The brake cannot be operated progressively.

(3) The brake shows abnormal lag when released.

(4) The brake effort on any wheel is less than 25 kilogrammes force (kgf).

Section 22: service brake imbalance

(1) More than 30% difference in braking effort between wheels on the same axle (i.e. the braking effort on one side should not be less than 70% of the breaking effort on the other side).

(2) Brake effort on an individual wheel fluctuates by more than 30%.

(3) Where a road test is carried out, obvious pull to one side is present when brakes are applied.

(4) Where a road test is carried out, perceptible ovality is present in the service brake.

Section 26: stop lamps

(1) Missing or not clearly visible.

(2) Not working.

Section 27: rear lamps and registration plate lamps

(1) Not working or faulty.

(2) Missing or not clearly visible.

Section 30: headlamp condition

(1) Dipped beams not working simultaneously.

(2) Main beams not working simultaneously.

Section 35: bodywork

(1) Primary structural components broken, cracked, insecure, damaged or rusted to an advanced stage.

(8) Two halves of different vehicles joined together and no certification is available from a competent person.

Section 36: tyre condition

(1) Evidence of recutting of tread pattern where tyre is not suitable for recutting.

(2) Tyre is incorrectly seated on wheel rim.

(3) Any cut in tyre longer than 25mm or 10% of section width which is deep enough to reach the ply or cords.

(4) Rupture in, or exposure of, ply or cord structure, tread lifting, lump or bulge caused by separation of rubber from cords or weakness in cord structure, or tread distorted or damaged.

(5) Obvious damage or distortion of the valve stem.

(6) Valve stem chafing against valve hole.

Section 38: tyre tread

Depth of less than 1.6 mm in the central three-quarters of the tread pattern.

Section 41: brake fluid

(1) Reservoir lower than half-full or below manufacturers “minimum” level.

(2) Leaking or cap missing.

(3) Fluid obviously dirty or contaminated.

Section 42: chassis/underbody

(2) Cracked, insecure or pronounced misalignment.

(5) Advanced corrosion or other damage.

Section 43: steering and steering wheel

Defective mechanical condition of steering components including steering wheel.

Section 46: front suspension

(1) Axle beam obviously out of line.

In respect of wishbones, swinging arm, track control arm, suspension strut--

(2) Mounting obviously loose or worn.

(3) Cracked, damaged or deformed.

In respect of anti-roll bar, torque arm/rod, radius rod/link.

(4) Missing or broken.

(5) Mounting loose.

(6) Cracked, damaged or deformed.

In respect of bushes, ball joints, and sliding bushes or swivel joints

(7) Excessive wear.

(8) Insecure.

(9) Suspension mounting area deformed or corroded to such an extent that the security or alignment of the suspension component is affected.

Section 47: brake lines/hoses

(1) Perished, kinked, damaged or rusted to the extent that the pipe is pitted.

(2) Unsatisfactorily mounted/possibility of failing.

(3) Leaks.

(4) Fouling moving parts.

(5) Bulging under pressure.

(6) Inadequate repairs or unsuitable fittings.

Section 51: brake wheel units

(1) Hydraulic brake unit insecurely mounted.

(2) Hydraulic brake unit leaking.

(3) Hydraulic brake unit sluggish in operation or seized.

Section 52: mechanical brake components

(1) Brake rods/levers/cables/linkages/pivots missing, damaged, cracked, seized, obstructed or worn.

(2) Brake rods/levers/cables/linkages/pivots incorrectly fitted.

(3) Brackets, mounting bolts, split pins or other retaining devices missing, loose or worn.

(4) Brake linings contaminated.

(5) Brake linings incorrectly adjusted.

(6) Brake shoes or pads in need of replacement.

(7) Brake drums/discs/backplates obviously damaged, askew, or insecure.

In relation to actuating levers--

(8) Levers damaged, insecure or in need of adjustment.

(9) Levers operating over centre.

(10) Danger of brakes locking.

(11) Free movement of brake rod/levers/cables etc. restricted.

Section 53: master cylinder/servo/valves/connections

(1) Master cylinder/reservoirs insecurely mounted/mounting panel cracked.

(2) Master cylinder/reservoirs leaking or defective.

(3) Servo insecure or defective.

(4) Servo damaged, badly corroded or leaking.

(5) Valves insecurely mounted, leaking or defective, load sensing and brake proportioning valves damaged, leaking, inoperative or obviously incorrectly adjusted.

Dated this 14th day of December, 1999

ROBERT MOLLOY,

Minister of State at the Department of the Environment and Local Government.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The Regulations specify the vehicles liable for tests, exemptions and operative dates. They include obligations to display a test disc on a liable car and to provide a test certificate when taxing a liable car. The period of validity of a test certificate is specified. Various modes of application for a test and test certificate are permitted. National Car Testing Service (NCTS) Ltd. is designated as the testing authority and is delegated to receive applications and give out test certificates and test reports. The test fees are prescribed. The National Car Test (NCT) Manual is specified as the basis for tests and the reasons for refusal of a test certificate are prescribed. The Minister for the Environment and Local Government is specified as the authority for the issue of test certificates. A test granted by the District Court is provided for. Provision is made for the issue of duplicate test certificates, test discs and test reports. The powers of inspection of car testing operations by the Minister are spelt out. The non-display of a test disc on a liable car is an offence under the Regulations. The forms of the test report and test certificate/test disc are specified.

¹ O.J. No. L 46/11 of 17.02.97

²Words and technical expressions used in this Schedule are to be construed by reference to the National Car Test (NCT) Manual 1999.