Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

5.

Certificate of roadworthiness.

5.— (1) Where a CVR test operator issues a pass statement in relation to tests carried out on a CVR vehicle in accordance with section 4 the Minister shall issue, or cause to be issued, a F3[certificate referred to in paragraph (a) of the definition of "certificate of roadworthiness" in section 2] in respect of that vehicle.

(2) For the purposes of subsection (1) the Minister may make regulations providing for—

(a) the issue, form, display, validity and duration of a F4[certificate referred to in paragraph (a) of the definition of "certificate of roadworthiness" in section 2],

(b) the issue of, and fee for, a F4[certificate referred to in paragraph (a) of the definition of "certificate of roadworthiness" in section 2] and a replacement certificate of roadworthiness,

(c) the revocation of a F4[certificate referred to in paragraph (a) of the definition of "certificate of roadworthiness" in section 2] (and related matters including the reimbursement of fees),

(d) the giving up of a F4[certificate referred to in paragraph (a) of the definition of "certificate of roadworthiness" in section 2] that has been revoked, and

(e) the recall and retesting of a vehicle in respect of which a F4[certificate referred to in paragraph (a) of the definition of "certificate of roadworthiness" in section 2] has been issued.

(3) A person who contravenes a provision of regulations made under subsection (2) that is stated in the regulations to be a penal provision commits an offence and is liable on summary conviction to a class A fine.

(4) The existence of a certificate of roadworthiness that is in force in respect of a vehicle does not affect any prosecution for an offence under the Road Traffic Acts 1961 to 2011.

Annotations

Amendments:

F3

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(b)(i).

F4

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(b)(ii).

Editorial Notes:

E20

Power pursuant to section exercised (22.11.2021) by Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) Regulations 2021 (S.I No. 616 of 2021).

E21

Power pursuant to section exercised (20.04.2020) by Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) Regulations 2020 (S.I. No. 133 of 2020).

E22

Power pursuant to section exercised (20.05.2018) by Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) Regulations 2018 (S.I. No. 117 of 2018), in effect as per reg. 1(2).

E23

Power pursuant to section exercised (23.11.2017) by Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) (Revocation) Regulations 2017 (S.I. No. 519 of 2017).

E24

Power pursuant to section exercised (25.09.2013) by Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations 2013 (S.I. No. 347 of 2013), in effect as per reg. 2.

E25

Power pursuant to section exercised (27.03.2013) by Commercial Vehicle Roadworthiness (Vehicle Testing) Regulations 2013 (S.I. No. 106 of 2013), in effect as per reg. 1(2).

E26

A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

E27

Previous affecting provision: power pursuant to section exercised (21.09.2017 and 20.05.2018) by Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) Regulations 2017 (S.I. No. 413 of 2017), in effect as per reg. 1(2), (3); revoked (23.11.2017) by Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) (Revocation) Regulations 2017 (S.I. No. 519 of 2017).