S.I. No. 207 of 2008

ROAD VEHICLES (REGISTRATION AND LICENSING) (AMENDMENT) (No.2) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th June, 2008.

The Minister for the Environment, Heritage and Local Government in exercise of the power conferred on him by sections 5 and 12 of the Roads Act, 1920, section 1 of the section 65 of the section 1 9 of the Finance (No. 2) Act, 1992 (No. 28 of 1992), hereby makes the following Regulations:-

1. (1) These Regulations may be cited as the Road Vehicles (Registration and Licensing)(Amendment) (No.2) Regulations 2008.

(2) These Regulations and the Road Vehicles (Registration and Licensing) Regulations, 1992 to 2008 shall be construed as one and may be cited together as the Road Vehicles (Registration and Licensing) Regulations, 1992 to 2008.

(3) These Regulations shall come into operation on the 1st day of July 2008.

2. The Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1992 ( S.I. No. 385 of 1992 ) are hereby amended:-

(1) in article 3:

(a) by the insertion of “or CO 2 emissions level (as the case may be)” after “cubic centimetres” in sub-article (b)(ii), and

(b) by deletion of the word “number” in sub-article (b)(vi),

(2) by the substitution of the amount “€99” for “€114” in sub-article (2) of article 15 and sub-article (1) of article 26.

3. The Road Vehicles (Registration and Licensing) (Amendment) (No.2) Regulations, 1992 ( S.I. No. 409 of 1992 ) are hereby amended:-

(1) by the insertion in sub-article (3) of article 1 of the following definition:

‘ “licensing authority” has the meaning assigned to it by the Road Vehicles (Registration and Licensing) Order,1958 ( section 8 of the Motor Vehicle (Duties and Licences) Act 2003 ) but in relation to the Minister shall only apply to article 11 of these regulations;’

(2) by the substitution of the following for article 11:

“11 (1) Where a licensing authority first issues a licence under section 1 of the Act of 1952 in respect of a vehicle other than within the month during which entry is made in the register, arrears of motor vehicle duty shall be calculated at the rate of 1/10th of the yearly rate of duty in respect of each calendar month for each month from the commencement of the month during which the entry was made in the register to the commencement of the month during which that licence for the vehicle was issued, and where the product of such calculation is a number of whole euro and a fraction of a euro, the fraction of a euro shall be disregarded,

(2) Where a licence for a vehicle has expired for more than one calendar month, arrears of motor vehicle duty shall be calculated as provided for in sub-article (1) for each month between the date of expiry of the last licence and the commencement date of the renewed licence,

(3) Arrears of motor vehicle duty payable under sub-articles (1) and (2) shall be at the rate applicable at time of issue of a licence or payment of the arrears.”

4. The Road Vehicles (Registration and Licensing) (Amendment) Regulations, 1992 ( S.I. No. 385 of 1992 ) are hereby amended by the substitution of the following Schedule for the Second Schedule thereto:

SCHEDULE

“ SECOND SCHEDULE Forms Prescribed for Purposes of These Regulations

GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government

24 June 2008

JOHN GORMLEY.

Minister for the Environment, Heritage and Local Government

EXPLANATORY NOTE

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

The primary purpose of the Regulations is to provide that the CO 2 emissions level is put on the tax disc for cars under the new CO 2 based motor tax system and a technical change reducing the threshold from €114 to €99, above which a person can get a refund of motor tax and obtain a 3 or 6 monthly tax disc. This change is to facilitate those paying the lowest rate of €100 under the new CO 2 system. The opportunity is also been taken to update the payment of arrears position and the Schedule of prescribed forms.