Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

2.

Definitions.

2.— In this Act—

“Act of 1961” means Road Traffic Act 1961;

“Act of 2006” means Road Traffic Act 2006;

“Act of 2010” means Road Traffic Act 2010;

“Authority” means Road Safety Authority;

“authorisation” means an authorisation as a CVR test operator under section 9 or 10 or as a CVR tester under section 17;

“authorised officer” means a person appointed under section 24 as an authorised officer;

F1["certificate of roadworthiness" means –

(a) a certificate issued under section 5, or

(b) an EU roadworthiness certificate;]

“CVR” means commercial vehicle roadworthiness;

“CVR inspector” means—

(a) a member of the Garda Síochána, or

(b) an inspector appointed under section 33;

“CVR test operator” means a person authorised under section 9 or 10;

“CVR tester” means a person authorised under section 17;

“CVR testing centre” means a premises specified in a CVR test operator authorisation at which CVR tests may be carried out;

“CVR tests” means tests prescribed by the Minister under section 4;

“CVR vehicle” means a vehicle to which regulations made under section 4 apply;

“deciding officer” means a person designated under section 21;

“direction” means a direction served under section 25, 31 or 35;

F2["EU roadworthiness certificate" in relation to a vehicle means a certificate of roadworthiness within the meaning of the Roadworthiness Directive issued by a Member State competent authority or a Member State testing centre, as the case may be, which has not expired or otherwise been cancelled or revoked and, insofar as the frequency intervals for vehicle testing are concerned, is still valid by reference to the frequency intervals prescribed by regulations under section 4 for the mandatory roadworthiness testing of vehicles to which those regulations under section 4 apply;]

“guidelines” means guidelines issued by the Authority under section 38;

“hire-purchase agreement” means a hire-purchase agreement within the meaning of section 2 of the Consumer Credit Act 1995;

F2["Member State competent authority" means an authority or public body in a Member State (other than the State) with responsibility for managing the system of roadworthiness testing in that Member State including, where appropriate, the carrying out of roadworthiness tests for the purposes of the Roadworthiness Directive;

"Member State testing centre" means a public or private body or establishment in a Member State (other than the State) authorised to carry out roadworthiness tests in that Member State for the purposes of the Roadworthiness Directive;]

“Minister” means Minister for Transport, Tourism and Sport;

“owner”, in relation to a CVR vehicle, means—

(a) in the case of a CVR vehicle which is the subject of a hire-purchase agreement or leasing agreement, the person in possession of the vehicle under the agreement, and

(b) in the case of any other CVR vehicle, the person by whom the vehicle is normally kept;

“pass statement”, in relation to a CVR vehicle, means a statement to the effect that a CVR test operator has carried out, or has caused to be carried out, and is satisfied that a vehicle is roadworthy in respect of, the CVR tests prescribed in relation to it;

“prescribe” means prescribe by regulations made under this Act;

“public place” means a public place within the meaning of section 3 of the Act of 1961;

“Regulations of 2004” means European Communities (Vehicle Testing) Regulations 2004 (S.I. No. 771 of 2004) as amended by—

(a) the European Communities (Vehicle Testing) (Amendment) Regulations 2007 (S.I. No. 709 of 2007),

(b) the European Communities (Vehicle Testing) (Amendment) Regulations 2008 (S.I. No. 311 of 2008),

(c) the European Communities (Vehicle Testing) (Amendment) Regulations 2011 (S.I. No. 710 of 2011), and

(d) the European Communities (Vehicle Testing) (Amendment) Regulations 2012 (S.I. No. 58 of 2012);

F2["Roadworthiness Directive" means Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC1;]

“risk rating” means a rating determined in accordance with section 39;

“vehicle” means—

(a) a mechanically propelled vehicle (within the meaning of section 3 of the Act of 1961),

(b) a trailer or semi-trailer, or

(c) a combination of one or more of both (a) and (b).

Annotations:

Amendments:

F1

Substituted (22.11.2021) by European Union (Commercial Vehicle Roadworthiness) (Roadworthiness Certificate and Roadworthiness Test) Regulations 2021 (S.I. No. 617 of 2021), reg. 2(a)(ii).

F2

Inserted (22.11.2021) by European Union (Commercial Vehicle Roadworthiness) (Roadworthiness Certificate and Roadworthiness Test) Regulations 2021 (S.I. No. 617 of 2021), reg. 2(a)(i).