Roads Act 1920
Provisions as to licences.
32 & 33 Vict. c. 14.
5.—(1) Every person applying for a licence under section thirteen of the Finance Act, 1920, as amended by this Act, or under section four of the Customs and Inland Revenue Act, 1888, shall make such a declaration and furnish such particulars with respect to the vehicle or carriage for which the licence is to be taken out or otherwise as may be prescribed.
(2) Subject to the provisions of this Act as to general licences, every licence issued under section thirteen of the Finance Act, 1920, as amended by this Act, shall be issued in respect of the vehicle specified in the application for the licence and shall not entitle the person to whom it is issued to use any other vehicle, and a county council shall not be required to issue any licence for which application is made unless they are satisfied that the licence applied for is the appropriate licence for the vehicle specified in the application, and, in the case of an application for a licence for a vehicle purporting to be the first application for a licence in respect of the vehicle, that a licence has not previously been issued in respect of that vehicle.
(3) Where any vehicle in respect of which any such licence as aforesaid has been issued is altered after the licence has been issued in such manner as to cause the vehicle to become a vehicle in respect of which a licence at a higher rate of duty or a licence of a different class is required, the licence shall become void, but the holder of the licence shall, on surrendering the same and furnishing the prescribed particulars, be entitled to receive a new licence in respect of the vehicle, to have effect for the period for which the surrendered licence would, if it had not been surrendered, have remained in force, on payment of such amount, if any, as represents the difference between the amount payable on the new licence and the amount paid on the surrendered licence.
(4) Notwithstanding anything in the provisions of the Acts relating to Excise licenses and without prejudice to those provisions, any such licence as aforesaid may be transferred in the prescribed manner.
(5) Subject as may be prescribed, every such licence as aforesaid shall, in the prescribed manner, be fixed to and exhibited on the vehicle in respect of which it is issued.
(6) Sections twenty and twenty-one of the Revenue Act, 1869, shall, subject to such modifications and exceptions as may be prescribed, apply to the declaration to be prescribed under this section, and sections twenty-two and twenty-three of the said Act shall have effect as though references to the declaration to be so prescribed as aforesaid were therein substituted in relation to carriages for references to the declaration under that Act.
Annotations:
Amendments:
F4
Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 4(a), not commenced as of date of revision.
Modifications (not altering text):
C5
Prospective affecting provision: subss. (1A)-(1C) inserted by Road Traffic and Roads Act 2023 (16/2023), s. 4(a), not commenced as of date of revision.
F4[(1A) Without prejudice to the generality of subsection (1), the particulars that the Minister may prescribe under that subsection may include—
(a) in the case that the person making the application holds an Irish driving licence or a learner permit, the driver number,
(b) in the case that the person holds a foreign driving licence, the driver number, licence number, permit number or unique identifier of the person to whom the licence is issued and the country of issue of the licence, or
(c) in the case that the person does not hold a driving licence, a learner permit or a foreign driving licence, the person’s personal public service number.
(1B) Where particulars referred to in subsection (1A)(c) are furnished to the Minister, they may, subject to subsection (1C), be used only for the purposes of the performance of functions under the Road Traffic Acts 1961 to 2023 and this Act in relation to the collection of duty owing on vehicle licences, the maintenance of licence records, the endorsement of penalty points and the disqualification of persons for holding a learner permit or driving licence.
(1C) The Minister may prescribe additional functions under the Road Traffic Acts 1961 to 2023 and this Act in relation to which the particulars specified in subsection (1A)(c) may be used where the Minister is satisfied that such use is necessary in order to enable the Minister to properly carry out those functions.]
C6
Application of subs. (5) restricted (18.12.1992) by Finance (No. 2) Act 1992 (28/1992), s. 21(5), commenced on enactment.
Trade licences.
21.— ...
(5) Sections 5 (5) and 13 (1) of the Act of 1920, section 1 (1) of the Act of 1952 and sections 71 and 73 of the Finance Act, 1976, shall not apply to a vehicle at any time during which a trade licence is exhibited on the vehicle in accordance with this section.
...
Editorial Notes:
E12
Power pursuant to section exercised (1.07.2008) by Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2008 (S.I. No. 207 of 2008), in effect as per reg. 1(3).
E13
Power pursuant to section exercised (28.05.2004) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004 (S.I. No. 213 of 2004), in effect as per reg. 1(3).
E14
Power pursuant to section exercised (21.10.2003) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 2003 (S.I. No. 486 of 2003), in effect as per reg. 1(3).
E15
Power pursuant to section exercised (30.11.2001) by Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2001 (S.I. No. 537 of 2001).
E16
Power pursuant to section exercised (1.08.1998) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1998 (S.I. No. 208 of 1998), in effect as per reg. 1(3).
E17
Power pursuant to section exercised (1.11.1997) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1997 (S.I. No. 405 of 1997), in effect as per reg. 1(3).
E18
Power pursuant to section exercised (1.07.1995) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1995 (S.I. No. 125 of 1995), in effect as per reg. 1(4).
E19
Power pursuant to section exercised (13.09.1994) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1994 (S.I. No. 277 of 1994).
E20
Power pursuant to section exercised (14.09.1993) by Road Vehicles (Registration and Licensing) (Amendment) (No. 4) Regulations 1993 (S.I. No. 263 of 1993).
E21
Power pursuant to section exercised (10.05.1993) by Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1993 (S.I. No. 126 of 1993).
E22
Power pursuant to section exercised (29.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1993 (S.I. No. 23 of 1993).
E23
Power pursuant to section exercised (1.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992), in effect as per reg. 1(3).
E24
Power pursuant to section exercised (1.01.1978) by Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 1977 (S.I. No. 371 of 1977), in effect as per reg. 1(4).
E25
Defence to offence under subs. (5) provided (18.12.1992) by Finance (No. 2) Act 1992 (28/1992), s. 20(4), commenced on enactment.
E26
Power pursuant to section exercised (6.12.2012) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 2012 (S.I. No. 476 of 2012), in effect as per reg. 1(3).
E27
Power pursuant to section exercised (1.02.1958) by Road Vehicles (Registration and Licensing) Regulations 1958 (S.I. No. 13 of 1958), in effect as per reg. 1(2).
E28
Previous affecting provision: power pursuant to section exercised (1.04.2001) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 2001 (S.I. No. 74 of 2001), in effect as per reg. 1(3); revoked (30.11.2001) by Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2001 (S.I. No. 537 of 2001), reg. 5.
E29
Previous affecting provision: power pursuant to section exercised (7.07.1993) by Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 1993 (S.I. No. 198 of 1993); revoked (14.09.1993) by Road Vehicles (Registration and Licensing) (Amendment) (No. 4) Regulations 1993 (S.I. No. 263 of 1993), reg. 3.
E30
Previous affecting provision: power pursuant to section exercised (1.01.1992) by Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1991 (S.I. No. 357 of 1991), in effect as per reg. 1(c); revoked (1.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992), reg. 1(4) and sch. 1, in effect as per reg. 1(3).
E31
Previous affecting provision: power pursuant to section exercised (30.04.1991) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1991 (S.I. No. 30 of 1991), in effect as per reg. 2; revoked (1.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992), reg. 1(4) and sch. 1, in effect as per reg. 1(3).
E32
Previous affecting provision: power pursuant to section exercised (5.12.1990) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1990 (S.I. No. 287 of 1990); revoked (1.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992), reg. 1(4) and sch., in effect as per reg. 1(3).
E33
Previous affecting provision: power pursuant to section exercised (1.01.1988) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1987 (S.I. No. 320 of 1987), in effect as per reg. 1(3); revoked (1.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992), reg. 1(4) and sch., in effect as per reg. 1(3).
E34
Previous affecting provision: power pursuant to section exercised (1.01.1987) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1986 (S.I. No. 441 of 1986), in effect as per reg. 1(3); revoked (1.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992), reg. 1(4) and sch., in effect as per reg. 1(3).
E35
Previous affecting provision: power pursuant to section exercised (1.10.1985) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1985 (S.I. No. 293 of 1985), in effect as per reg. 1(3); revoked (1.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992, reg. 1(4) and sch., in effect as per reg. 1(3).
E36
Previous affecting provision: power pursuant to section exercised (1.02.1983) by Road Vehicles (Registration and Licensing) Regulations 1982 (S.I. No. 311 of 1982), in effect as per reg. 1(2); revoked (1.01.1993) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992), reg. 1(4) and sch. 1, in effect as per reg. 1(3).
E37
Previous affecting provision: power pursuant to section exercised (9.12.1959) by Road Vehicles (Registration and Licensing) (Amendment) Regulations 1959 (S.I. No. 217 of 1959); revoked (1.02.1983) by Road Vehicles (Registration and Licensing) Regulations 1982 (S.I. No. 311 of 1982), reg. 1(3) and sch. 1, in effect as per reg. 1(2).