Irish Statutory Instruments

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th January, 2013.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by sections 5(1), 23(2) (inserted by section 57 of the section 10 of the section 12 (2) of the section 2 of the Road Traffic Act 2006 (No. 14 of 2006) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )), for the purpose of giving further effect to Directive No. 2006/126/EC of the European Parliament and of the Council of 20 December 2006¹ , and to giving part effect to the Annex to Directive No. 2012/36/EU of 19 November 2012² , hereby make the following regulations:

1. (1) These Regulations may be cited as the Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013.

(2) These Regulations (other than paragraph (b) of Regulation 3) come into operation on 19 January 2013.

2. In these Regulations “Regulations of 2011” means Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011 ( S.I. No. 483 of 2011 ).

3. The Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ) are amended-

(a) in Regulation 3(1), by inserting after the definition of “tricycle” the following:

“ ‘twinned wheels’ has the meaning assigned to it in Article 1(2)(b) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2012³ ,”,

(b) by substituting, with effect from 12 January 2013, for Regulation 4 the following:

“Disposition of fees

4. The Road Safety Authority may retain any fees received by it under these Regulations in discharge of its functions as the licensing authority.”,

(c) in Regulation 6 (inserted by Regulation 2(b) of the Regulations of 2011) by substituting in column (2) of the Table opposite B in column (1)-

(i) in the first paragraph for “750 kg” the following:

“750 kg, or, where the combined design gross vehicle weight of the towing vehicle and the trailer does not exceed 3,500 kg.”, and

(ii) in the second paragraph for “code 106” the following:

“code 96”,

(d) in Regulation 7(1)(a) (inserted by Regulation 2(c) of the Regulations of 2011) by substituting for paragraph (i) and (ii) the following:

“(i) the design gross weight of the trailer does not exceed 750 kg,

(ii) the design gross vehicle weight of the trailer exceeds 750 kg but where the design gross vehicle weight of the combination does not exceed 3,500 kg, or

(iii) where entitlement to a driving licence in category B was given prior to 19 January 2013, the drawing vehicle is in category B and the design gross vehicle weight of the trailer does not exceed the unladen weight of the drawing vehicle and the total design gross vehicle weight of the combination does not exceed 3,500 kg,”,

(e) in Regulation 9(1) (inserted by Regulation 2(d) of the Regulations of 2011) by-

(i) substituting “paragraphs (2) and (3)” for “paragraph (2)”, and

(ii) inserting after paragraphs (2) the following:

“(3) The age below which a person is disqualified from riding a tricycle in category A is 21 years.

(4) The age below which a person is disqualified from holding a licence in category A, and who has not held a licence in category A2 for 2 years, is 24 years.”,

(f) by substituting for Regulation 10 (as amended by Regulation 2(e) of the Regulations of 2011) the following:

“Form of driving licence and period of grant.

10. (1)(a) A driving licence shall be in scheduled form D.402,

(b) In driving licence form D.402-

“issued on” means the day the licence comes into force;

“from” means the date on which the licence holder first held a driving licence in the category concerned;

“to” means the date on which the driving licence concerned expires.

(2) A driving licence shall, subject to paragraphs (3) and (4), be granted for a period of-

(a) in the case of an applicant less than 60 years of age on the commencement day, for a licence to drive vehicles of category A, A1, A2, AM, B, BE or W, 10 years plus the unexpired period of a licence previously granted to the applicant,

(b) in the case of an applicant less than 60 years of age on the commencement day, for a licence to drive vehicles of category C, CE, C1, C1E, D, DE, D1 or D1E, 5 years plus the unexpired period of a licence previously granted to the applicant,

(c) subject to subparagraphs (d) and (e), in the case of an applicant 70 or more years of age on the commencement day, 3 years plus the unexpired period of a licence previously granted to the applicant,

(d) where the application is for a licence to drive vehicles of category A, A1, A2, AM, B, BE or W, the applicant is, on the commencement day-

(i)60 years of age or more but less than 67 years of age, a driving licence may be granted for the period beginning on the commencement day and ending on the day before the applicant attains the age of 70 years, or

(ii)67 years of age or more but less than 70 years of age, a driving licence may be granted for the period of 3 years plus the unexpired period of a licence previously granted to the applicant,

(e) where an application is for a licence to drive vehicles of category C, CE, C1, C1E, D, DE, D1 or D1E, the applicant is, on the commencement day-

(i)65 years of age or more but less than 67 years of age, a driving licence may be granted for the period beginning on the commencement day and ending on the day before the applicant attains the age of 70 years, or

(ii) more than 67 years of age, 3 years plus the unexpired period of a licence previously granted to the applicant.

(3) A driving licence may be granted for a period of 1 year or 3 years, together with the unexpired period of a licence previously granted to the applicant, where the application for the licence is required under Regulation 41 to be accompanied by a medical report and the medical report indicates that the applicant appears to require medical review.”,

(g) by substituting for Regulation 14(1) (inserted by Regulation 2(g) of the Regulations of 2011) the following:

“14.(1) Subject to paragraph (2), a person granted a driving licence for the first time prior to 19 January 2013 to drive vehicles in category A is, until a period of having held a driving licence in the category for 2 years, restricted to driving only those vehicles in that category which have a power output not exceeding 25 kW or a power or weight ratio not exceeding 0.16 kW/kg.”,

(h) in Regulation 15, by substituting for paragraph (2) the following:

“(2) Where the licensing authority is satisfied that the driving licence (in this Regulation referred to as the ‘original licence’) in respect of which such application is made has been lost, destroyed or mutilated it may on payment of the appropriate fee set out in Part 1 of the Schedule to the Road Traffic (Licensing of Drivers) (Fees) Regulations 2012 ( S.I. No. 559 of 2012 ) issue a duplicate of the licence.”,

(i) in regulation 17(6)(b)-

(I) in clause (vi), by substituting “a trailer,” for “a trailer.”, and

(II) by inserting after clause (vi) the following:

“(vii) vehicles of any category where code 109 is endorsed on the licence and the person has not taken a test for a certificate of competency with 2 months of the date of issue of the licence.”,

(j) in Regulation 19(2) (as amended by Regulation 2(h) of the Regulations of 2011) by-

(i) substituting for subparagraph (d) the following:

“(d) category A unless the person holds for not less than 2 years a driving licence in respect of category A2 or has attained the age of 24 years.”, and

(ii) deleting the Table to that Regulation,

(k) in Regulation 22, by substituting for paragraph (2) the following:

“(2) Where the licensing authority is satisfied that the learner permit (in this Regulation referred to as the ‘original licence’) in respect of which such application is made has been lost, destroyed or mutilated it may, on payment of the appropriate fee as set out in Part 1 of the Schedule to the Road Traffic (Licensing of Drivers) (Fees) Regulations 2012 ( S.I. No. 559 of 2012 ) issue a duplicate of the permit.”,

(l) in Regulation 27 (2), by inserting for subparagraph (c) the following:

“(c) the application relates to vehicles in a category set out in column (1) of the Table below and the conditions set out in column (2) of the Table opposite the mention in column (1) of that category are complied with:

TABLE

,

or

(d) the application relates to vehicles in a category set out in column (1) of the Table below and the conditions set out in column (2) of the Table opposite the mention in column (1) of that category are complied with:

TABLE

,”,

(m) in Regulation 32, by substituting-

(i) for the Table to paragraph (1) (inserted by Regulation 2(k) of the Regulations of 2011) the following:

“TABLE

”,

(ii) for the Table to paragraph (2), the following:

“TABLE

”,

(n) by substituting for Regulation 44 the following:

“Where consequential or ancillary disqualification order is made

45. (1) This Regulation applies where a consequential or an ancillary disqualification order is made under the Act.

(2) Subject to paragraph (3) and paragraph (4) in the case of an ancillary order, the driving licence (if any) of the disqualified person shall, within 6 to 10 days of the coming into operation of the order, be delivered by the disqualified person to the licensing authority who shall endorse details of the disqualification on the entry of the person concerned.

(3) Where, by virtue of section 30(3)(d) of the Act, the operation of a consequential or ancillary disqualification order has been postponed to a day more than 5 days after the day on which the order would have come into operation if there had been no such postponement, the driving licence (if any) of the disqualified person, shall within 6 to 10 days of the coming into operation of the order, be delivered by the disqualified person to the licensing authority who shall endorse details of the disqualification on the entry of the person concerned.

(4) Where an ancillary disqualification order is made by an appellate court in respect of a conviction in relation to which an ancillary disqualification order was not made by the court from which the appeal is taken, the driving licence (if any) of the disqualified person shall-

(a) where the operation of the order is not postponed under section 30(3)(d) of the Act for a period of more than 5 days, be delivered by the disqualified person to the licensing authority who shall endorse details of the disqualification on the entry of the person concerned, or

(b) where the operation of the order has been postponed under section 30(3)(d) of the Act for a period of more than 5 days, be delivered by the disqualified person to the licensing authority who shall endorse details of the disqualification on the entry of the person concerned within 5 days of the coming into operation of the order.

(5) Paragraphs (2), (3) and (4) are penal regulations.”,

(o) by deleting Regulation 45,

(p) by substituting for Regulation 46 the following:

“Where special disqualification order is made

46. (1) This Regulation applies where a special disqualification order is made under the Act.

(2) Unless the operation of the special disqualification order is suspended pending an appeal, the driving licence (if any) of the disqualified person shall be delivered by the disqualified person to the licensing authority-

(a) when the period for lodging a notice of appeal has expired and where no notice of appeal has been lodged within such period, or

(b) when a notice of appeal is lodged within such period and

(i) notice of withdrawal of the appeal is given within the period of 5 days of the lodgement of the notice of appeal, or

(ii) the appeal is heard and the special disqualification order is annulled and a new order is made by the Circuit Court, within the period of 5 days of the new order being given.

(3) Where a special disqualification order has been suspended pending an appeal and notice of appeal has been lodged-

(a) if notice of withdrawal of the appeal is subsequently given, the driving licence (if any) of the disqualified person shall, within 5 days after the day of lodgement of the notice of the withdrawal of the appeal, be delivered by the disqualified person to the licensing authority, or

(b) if the appeal is heard and the special disqualification is annulled and a new special disqualification order is made by the Circuit Court, the driving licence (if any) of the disqualified person shall, within 5 days after the making of the order of the Circuit Court, be delivered by the disqualified person to the licensing authority.

(4) Paragraphs (2) and (3) are penal regulations.”,

(q) by substituting for Regulation 48 the following:

“Where disqualification is removed

48. (1) Where a disqualification under a consequential disqualification order or under an ancillary disqualification order is removed by an order under section 29(1) of the Act the officer of the court which made the order for the removal of the disqualification shall notify the licensing authority of particulars of the order.

(2) Where, on appeal under section 29(6) of the Act, the appellate court either removes a disqualification under a consequential disqualification order or under an ancillary disqualification order or varies the date as from which such a disqualification is removed the officer of the appellate court shall notify the licensing authority of particulars of the order.”,

(r) by substituting for Regulations 50 and 51 the following:

“Notification of making orders

50. (1) Where-

(a) an order is made by a court under section 36 of the Act directing the endorsement on the entry of a disqualification order or of the removal of a disqualification,

(b) an order is made by a court confirming, annulling or varying an order referred to at subparagraph (a), or

(c) an order for the suspension of the operation of a special disqualification order is made by a court under section 30(3)(b) of the Act,

the officer of the court which makes the order shall notify the licensing authority of particulars of the order.

(2) In this Regulation “disqualification order” means a consequential disqualification order, an ancillary disqualification order or a special disqualification order.

Retention of licence by licensing authority

51. Where a driving licence is furnished under this Part to the licensing authority, the authority shall retain the driving licence until the expiration of the period of disqualification or until the removal of the disqualification and shall, return it to the holder.”,

(s) by deleting Regulations 45, 47 and 49,

(t) by substituting for Schedule 5 the Schedule set out in Schedule 1,

and

(u) by substituting for forms D201, D401, D501 and D502, in Part 1 of the Schedule (inserted by the Road Traffic Licensing of Drivers) (Amendment) (No. 2) Regulations 2010 ( S.I. No. 544 of 2010 ) the forms set out in Schedule 2.

4. Where an application for a driving licence or a learner permit (other than a duplicate of such) is made before the commencement of these Regulations and the application is still pending upon such commencement the amendments effected by these Regulations apply in respect of the application.

SCHEDULE 1

Regulation 2(t)

Regulation 26

“SCHEDULE 5

Minimum vehicle requirements for the purposes of the practical driving test where the test vehicle was first registered on or after 1 January 2004

Minimum vehicle requirements for the purposes of the practical driving test where the test vehicle was first registered prior to 1 January 2004

SCHEDULE 2

Regulation 2(u)

Scheduled Forms

D201 - Application for learner permit

D401 - Application for driving licence

Form D.501 - Medical Report

Form D502 - Eyesight Report

GIVEN under my Official Seal,

12 January 2013.

LEO VARADKAR,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

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

These Regulations are amending the Road Traffic (Licensing of Drivers) Regulations 2006 to give further effect to EU Directive 2006/126/EC. The Regulations also provide for revised administrative arrangements in relation to the management of driving licences where disqualification orders are being made or removed to now reflect the Road Safety Authority (RSA) as ‘licensing authority’ under Part 3 of the Road Traffic Act 1961 . The Regulations also provide for driver licence fees to be retained by the RSA.

These Regulations, other than paragraph (b) of Regulation 3, come into operation on 19 January 2013. Regulation 3(b) relates to the retention of driver licence fees by the RSA and will be effective from 12 January 2013 in line with the date for the transfer of functions associated with driver licensing to the RSA.

1 OJ No. L403, 30.12.2006, p.18

2 OJ No. L321, 20.11.2012, p.54

3 OJ No. L124, 09.05.2002, p.1