Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012


Number 16 of 2012


ROAD SAFETY AUTHORITY (COMMERCIAL VEHICLE ROADWORTHINESS) ACT 2012

REVISED

Updated to 20 May 2018


This Revised Act is an administrative consolidation of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Domestic Violence Act 2018 (6/2018), enacted 8 May 2018, and all statutory instruments up to and including Commercial Vehicle Roadworthiness (Roadside Enforcement) Regulations 2018 (S.I. No. 161 of 2018), made 14 May 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 16 of 2012


ROAD SAFETY AUTHORITY (COMMERCIAL VEHICLE ROADWORTHINESS) ACT 2012

REVISED

Updated to 20 May 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Road Safety Authority Acts 2006 and 2012 : this Act is one of a group of Acts included in this collective citation, to be read together as one ( Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012, s. 1(3)). The Acts in the group are:

Road Safety Authority Act 2006 (14/2006)

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1987, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Road Traffic Act 2014 (3/2014)

All Acts up to and including Domestic Violence Act 2018 (6/2018), enacted 8 May 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Commercial Vehicle Roadworthiness (Roadside Enforcement) Regulations 2018 (S.I. No. 161 of 2018)

Commercial Vehicle Road worthiness (Vehicle Testing) (Amendment) Regulations 2018 (S.I. No. 117 of 2018)

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Section 36) (Commencement) Order 2018 (S.I. No. 36 of 2018)

Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) (Revocation) Regulations 2017 (S.I. No. 519 of 2017)

Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers (Amendment) Regulations 2017 (S.I. No. 414 of 2017)

Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) Regulations 2017 (S.I. No. 413 of 2017)

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Commencement) (Penalty Points - Certificate of Road Worthiness) Order 2014 (S.I. No. 508 of 2014)

Commercial Vehicle Roadworthiness (Vehicle Licensing) Regulations 2014 (S.I. No. 397 of 2014)

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Sections 30, 31 and 39) (Commencement) Order 2013 (S.I. No. 349 of 2013)

Road Safety Authority (Commercial Vehicle Roadworthiness) (Vehicle Maintenance and Repair) Regulations 2013 (S.I. No. 348 of 2013)

Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations 2013 (S.I. No. 347 of 2013)

Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013 (S.I. No. 107 of 2013)

Commercial Vehicle Roadworthiness (Vehicle Testing) Regulations 2013 (S.I. No. 106 of 2013)

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Certain Provisions) (Commencement) Order 2013 (S.I. No. 105 of 2013)

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Conferral of Functions) Order 2013 (S.I. No. 104 of 2013)

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Part 3) (Commencement) Order 2013 (S.I. No. 5 of 2013)

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Part 1 and Section 28) Commencement) Order 2012 (S.I. No. 314 of 2012)

All statutory instruments up to and including Commercial Vehicle Roadworthiness (Roadside Enforcement) Regulations 2018 (S.I. No. 161 of 2018), made 14 May 2018, were considered in the preparation of this revision.


Number 16 of 2012


ROAD SAFETY AUTHORITY (COMMERCIAL VEHICLE ROADWORTHINESS) ACT 2012

REVISED

Updated to 20 May 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, commencement, collective citation and construction.

2. Definitions.

3. Regulations.

PART 2

Commercial Vehicle Roadworthiness

Chapter 1

Mandatory roadworthiness testing and certificate of roadworthiness

4. Mandatory roadworthiness testing of certain vehicles.

5. Certificate of roadworthiness.

6. Offence of using CVR vehicle without certificate of roadworthiness.

7. Power to require production of certificate of roadworthiness.

8. Production of certificate of roadworthiness when licensing mechanically propelled vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952.

Chapter 2

CVR test operators and CVR testers

9. CVR test operators.

10. Transitional provision — authorised testers under Regulations of 2004.

11. Requirements for issue, amendment and renewal of authorisation as CVR test operator.

12. Fit and proper person.

13. Offer of authorisation or amended authorisation as CVR test operator.

14. Amendment of authorisation.

15. Renewal of authorisation as CVR test operator.

16. Applications for authorisation and amendment or renewal of authorisation as CVR test operator.

17. CVR testers.

18. Suspension of authorisation.

19. Revocation of authorisation.

19A. Provision of false information in application.

20. Notice of revocation.

21. Deciding officers.

22. Appeals from decision of deciding officer.

23. Offence of purporting to be CVR test operator or CVR tester while not so authorised.

24. Authorised officers.

25. Powers of authorised officers — CVR testing.

26. Entry warrant.

27. Form of direction.

28. CVR information system and CVR records.

29. Register of CVR test operators.

Chapter 3

Commercial vehicle roadworthiness maintenance

30. Maintenance of CVR vehicles.

31. Powers of authorised officers — CVR maintenance.

Chapter 4

Roadside roadworthiness inspections

32. Roadside roadworthiness inspections.

33. Appointment of CVR inspectors.

34. Powers of CVR inspector.

35. Powers of CVR inspectors and authorised officers.

Chapter 5

Detention of vehicles, etc. by authorised officers and CVR inspectors

36. Detention of vehicles, etc., by authorised officers and CVR inspectors.

Chapter 6

Road Safety Authority

37. Conferral of functions on Authority.

38. Guidelines.

39. Risk rating system.

40. Directions, notices and notifications.

Chapter 7

Proceedings

41. Certain penalties and prosecutions.

42. Offence by body corporate.

Chapter 8

Miscellaneous amendments

43. Amendment of Second Schedule to Act of 1961 — consequential disqualification.

44. Amendment of Road Traffic Act 2002 — penalty points.

45. Amendment of section 41 of Road Traffic Act 1994 — detention of vehicles.

46. Amendment of Act of 1961 — driving of dangerously defective vehicle.

47. Amendment of Act of 1961 — right to demand name and address, etc.

48. Amendment of Act of 2010.

PART 3

Driver Licensing

49. Amendment of section 4 of Road Safety Authority Act 2006.

50. Amendment of Part III of Act of 1961 — licensing authority.

51. Repeal of section 37 of Act of 1961.

52. Amendment of Road Traffic Act 2002.

53. Amendment of section 5 of Act of 2006.

54. Amendment of Act of 2010.

55. Amendment of section 18 of Finance (No. 2) Act 1992.

56. Amendment of Finance Act 1993.



Number 16 of 2012


ROAD SAFETY AUTHORITY (COMMERCIAL VEHICLE ROADWORTHINESS) ACT 2012

REVISED

Updated to 20 May 2018


AN ACT TO PROVIDE FOR A SYSTEM TO ENSURE THE ROADWORTHINESS OF COMMERCIAL VEHICLES, TO PROVIDE FOR THE CONFERRAL OF FUNCTIONS ON THE ROAD SAFETY AUTHORITY IN RELATION TO SUCH SYSTEM, TO GIVE FURTHER EFFECT TO DIRECTIVE 2006/22/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 15 MARCH 2006 IN RELATION TO THE INTRODUCTION OF A RISK RATING SYSTEM, TO AMEND THE ROAD TRAFFIC ACTS 1961 TO 2011 AND, IN RELATION TO DRIVER LICENSING, CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.

[30 th May, 2012]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred to Road Safety Authority (27.03.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Conferral of Functions) Order 2013 (S.I. No. 104 of 2013), art. 3, in effect as per art. 2.

3. The functions of the Minister for Transport, Tourism and Sport under sections 5(1), 9(1) and (2), 11 (other than subsection (2)), 12 to 15, 16(2), 17 to 22, 24 and 33 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (No. 16 of 2012) are conferred on the Road Safety Authority.

Editorial Notes:

E1

Deemed certificate of roadworthiness for purposes of Act prescribed (25.09.2013) by Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations 2013 (S.I. No. 347 of 2013), reg. 25(4), in effect as per reg. 2.