S.I. No 477 of 2006

Road Safety Authority Act 2006 (Conferral of Functions) Order 2006

I, Martin Cullen, Minister for Transport, in exercise of the powers conferred on me by section 4 of the Road Safety Authority Act 2006 (No. 14 of 2006), hereby order as follows:

1.        This Order may be cited as the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006.

2.        The functions of the Minister for Transport under sections 2, 3, 4, 5, 7 and 9 of the Road Traffic Act 2002 (No. 12 of 2002) and section 36(6), (7) and (8) of the Road Traffic Act 1961 (No. 24 of 1961) are conferred on the Road Safety Authority.

3.        The Road Safety Authority shall be responsible for -

(a)        in relation to driving and provisional licences -

(i)       the oversight of the operation of the driver licensing system including the preparation of proposals for draft regulatory provisions relating to driver licensing and testing and the provision of advice to the Minister in relation to such regulatory provisions,

new vehicles and vehicle components and standards for vehicles already in use -

(i)       the operation, oversight, further development, quality assurance and delivery of vehicle testing arrangements required under the Road Traffic Acts 1961 to 2006 or by any act adopted by the institutions of the European Communities including the preparation of proposals for draft regulatory provisions and the provision of advice to the Minister in relation to regulatory provisions,

(ii)      the development, operation, oversight and delivery of random roadside vehicle testing arrangements in accordance with any act adopted by an institution of the European Communities including the preparation of proposals for draft regulatory provisions and the provision of advice to the Minister in relation to regulatory provisions,

(iii)      the operation, oversight, further development and delivery of the scheme of vehicle technical examinations provided for under the Carriage of Dangerous Goods by Road Act 1998 (No. 43 of 1998), the European Communities (Carriage of Dangerous Goods by Road) (ADR Miscellaneous Provisions) Regulations 2006 ( S.I. No. 406 of 2006 ), any act adopted by an institution of the European Communities or under the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR Agreement) including preparation of proposals for draft regulatory provisions and the provision of advice to the Minister in relation to regulatory provisions,

(iv)     the development, implementation, oversight and delivery of a single vehicle approval scheme for vehicles first being registered by Revenue Commissioners, not being new vehicles permitted to be registered and entered into service pursuant to national type approval and entry into service regulations, including the preparation of proposals for draft regulatory provisions and the provision of advice to the Minister in relation to regulatory provisions,

(v)      the oversight and development of standards for new vehicles and their components, replacement parts and equipment at European Union, United Nations Economic Commission of Europe (-�UN/ECE-�) and national level with recommendations for implementation by regulations to be made by the Minister, including the preparation of proposals for draft regulatory provisions and the provision of advice to the Minister in relation to regulatory provisions,

(vi)     the oversight and further development of standards for the construction, equipment and use of vehicles, including the preparation of proposals for draft regulatory provisions and the provision of advice to the Minister in relation to regulatory provisions,

(vii)    to discharge the functions of the State arising under an act of an institution of the European Communities relating to procedures for the provision of information in the field of technical standards and regulation of vehicles,

(viii)   the operation, oversight and representation of the State in the further development of the European Union, UN/ECE and national type approval systems for vehicles and their components and replacement parts, including the preparation of proposals for draft regulatory provisions and the provision of advice to the Minister in relation to regulatory provisions,

(ix)     the monitoring, evaluation, and making of recommendations to the Minister regarding the implementation of and, as appropriate, compliance with, the relevant statutory provisions, including advice, regarding new and proposed acts of an institution of the European Communities, new and proposed UN/ECE regulations and best practice relating to standards for matters conferred on the Authority under this paragraph, and to keep itself informed of the policies and objectives of the European Union and UN/ECE in relation to such matters,

(x)      to attend and represent the State at meetings of the European Union, UN/ECE, international organisations and fora in relation to matters conferred on the Authority under this paragraph,

(xi)     the administration and determination of applications from motor manufacturers for exemptions for end-of-series vehicles pursuant to national entry into service regulations,

(xii)    the administration and determination of applications from manufacturers for exemptions from compliance with the requirements of type approval directives of an institution of the European Communities in relation to vehicles produced in small series, as provided for under framework type approval directives of such an institution (currently 70/156/EEC and 2002/24/EC),

(xiii)   the administration and determination of applications for permits under Regulation 60 of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ) (-�Regulations of 2003-�) including consultation with the Garda Síochána, other public authority or person, as may be appropriate, including the preparation of proposals for draft regulatory provisions and the provision of advice to the Minister in relation to regulatory provisions,

(xiv)   oversight of the permit system provided for under Regulation 59 of the Regulations of 2003 and the provision of advice to local authorities for the purposes of making determinations on applications for such permits including the preparation of proposals for draft regulatory provisions and the provision of advice to the Minister in relation to regulatory provisions,

and

(ii)      liaising with and supporting licensing authorities in relation to the issuing of licences including the provision and control of the issue of stocks of licences to licensing authorities,

(iii)      the delivery of the driving test and the issuing of certificates of competency (within the meaning of section 33 of the Road Traffic Act 1961 (No. 24 of 1961)),

(iv)     the delivery of the driver theory test,

(v)      liaising with the Department of the Environment, Heritage and Local Government in relation to the operation of the National Driver File, and

(vi)     attending and representing the State at meetings of the European Union, international organisations and fora in relation to matters conferred on the Authority under this paragraph,

(b)        in relation to the registration, construction, equipment, use, testing and examination of vehicles and their components and replacement parts, including standards for the type approval of

(c)        the promotion of public awareness of road safety and measures, including the advancement of education, relating to the promotion of the safe use of roads, including co-operation with local authorities and other persons in this regard.

4.        The power -

(a)        to appoint transport officers for the purposes of section 15 of the Road Transport Act 1986 (No. 16 of 1986), and

(b)        to bring and prosecute summary proceedings for offences as set out in section 17, or as specified by the Minister by order under section 18(1)(b), of the Road Transport Act 1986 ,

is conferred on the Road Safety Authority.

Explanatory Note

The order provides for the transfer of functions currently carried out by the Minister in the areas of driver testing and licensing, vehicle testing and standards and road haulage enforcement on the RSA. It also requires the RSA to promote public awareness of road safety and measures, including the advancement of education, relating to the promotion of the safe use of roads.