Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

Number 16 of 2012

ROAD SAFETY AUTHORITY (COMMERCIAL VEHICLE ROADWORTHINESS) ACT 2012

REVISED

Updated to 1 November 2023

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 the Screening of Third Country Transactions Act 2023 (28/2023), enacted 31 October 2023, and all statutory instruments up to and including the Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) (No. 2) Regulations 2023 (S.I. No. 513 of 2023), made 26 October 2023, 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 1 November 2023


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. (Repealed)

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 1 November 2023


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.

[30th 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.