Road Traffic Act 1961

Tests of mechanically propelled vehicles.

18

18.—(1) A person shall not use in a public place a F40[…] vehicle to which this section applies unless at that time there is in force in respect of the vehicle a test certificate.

(2) Where a person contravenes subsection (1) of this section, he and, if he is not the owner of the vehicle, such owner shall each be guilty of an offence and shall be liable on summary conviction to F41[a fine not exceeding €2,000] or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

(3) Where, in a prosecution for an offence under this section, it is shown that, a demand having been made under section 19 of this Act,—

(a) the person on whom the demand was made refused or failed to produce a test certificate then and there, or

(b) such person, having duly produced a test certificate consequent upon the demand, refused or failed to permit the member of the Garda Síochána to whom such certificate was produced to read and examine it,

it shall be presumed, until the contrary is shown by the defendant, that the vehicle was being used in contravention of this section.

(4) Where a person charged with an offence under this section is the owner of the vehicle, it shall be a good defence to the charge for the person to show that the vehicle was being used without his consent and either that he had taken all reasonable precautions to prevent its being used or that it was being used by his servant acting in contravention of his orders.

(5) Where a person charged with an offence under this section was the servant of the owner of the vehicle, it shall be a good defence to the charge for the person to show that he was using the vehicle in obedience to the express orders of the owner.

(6) In this section “the issuing authority” means the person who, in the case in question and in accordance with the regulations under this section, is the issuing authority.

(7) The owner of a F40[…] vehicle to which this section applies may apply to the issuing authority for a F42[certificate referred to in paragraph (a) of the definition of "test certificate" in section 3] in respect of the vehicle.

(8) Where an application is duly made under subsection (7) of this section and the prescribed fee is paid—

(a) the issuing authority shall test or cause to be tested the vehicle in accordance with the regulations under this section,

(b) in case the issuing authority is satisfied as a result of the test that the vehicle complies with the prescribed requirements, it shall issue a certificate F43[…] certifying such compliance,

(c) in case the issuing authority is not so satisfied—

(i) the issuing authority shall refuse to issue a test certificate and shall issue to the applicant a statement of the reasons for the refusal,

(ii) if the applicant is aggrieved by the refusal or the grounds thereof, he may appeal to the Justice of the District Court having jurisdiction in the place where the vehicle is ordinarily kept and the Justice may either refuse the appeal or direct a new test of the vehicle.

(9) The Minister may make regulations for the purpose of giving effect to this section.

(10) Regulations under this section may, in particular and without prejudice to the generality of subsection (9) of this section, make provision for all or any of the following matters:

(a) the classes of F40[…] vehicles to which this section applies;

(b) exempting from subsection (1) of this section the use of vehicles for specified purposes or in specified circumstances;

(c) the specifying of the persons to be issuing authorities for the purposes of this section;

(d) the specifying of the persons by whom issuing authorities may cause tests to be carried out for the purposes of this section;

(e) the specifying of the persons by whom new tests directed pursuant to subparagraph (ii) of paragraph (c) of subsection (8) of this section are to be carried out;

(f) the making of applications for F44[certificates referred to in paragraph (a) of the definition of "test certificate" in section 3] and the specifying of conditions subject to which such applications may be made;

(g) the fees to be paid by applicants for F44[certificates referred to in paragraph (a) of the definition of "test certificate" in section 3] and the disposition of such fees;

(h) the requirements in respect of which tests are to be carried out;

(i) the nature of tests;

(j) the manner in which, the conditions under which and the apparatus with which tests are to be carried out;

(k) the maintenance of apparatus used for carrying out tests;

(l) powers of inspection of premises and apparatus used for testing F40[…] vehicles;

F45[(m) the keeping, by the issuing authority or other persons specified in the regulations, of records in relation to tests, and the disclosure of such records relating to a vehicle to the owner of the vehicle, or to a person nominated by the owner;]

(n) F46[the form of certificates referred to in paragraph (a) of the definition of "test certificate" in section 3] and period of validity of test certificates;

(o) the delegation by issuing authorities to specified persons of the functions of such authorities F47[under paragraphs (b) and (c) of subsection (8);]

F48[(p) the verification of the validity of a test certificate where there is doubt as to the validity of the certificate.]

(11) Regulations under this section may make different provisions for different classes of cases coming within the same matter.

(12) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence.

(13) The existence of a test certificate shall not affect any prosecution for an offence under any other section of this Act.

Annotations

Amendments:

F40

Deleted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F41

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1, ref. no. 3, S.I No. 86 of 2007. A fine of €2,000 translates into a class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.

F42

Substituted (27.11.2020) by European Union (National Car Test - EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(i).

F43

Deleted (27.11.2020) by European Union (National Car Test - EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(ii).

F44

Substituted (27.11.2020) by European Union (National Car Test - EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(iii)(I).

F45

Substituted (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 5(b), S.I. No. 392 of 2023.

F46

Substituted (27.11.2020) by European Union (National Car Test - EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(iii)(II).

F47

Substituted (27.11.2020) by European Union (National Car Test - EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(iii)(III).

F48

Substituted (27.11.2020) by European Union (National Car Test - EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(b)(iii)(IV).

Editorial Notes:

E234

A number of statutory instruments made pursuant to ss. 11 and 123 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of those sections notes that the statutory instrument is also made pursuant to s. 18. These statutory instruments are not separately listed under this section.

E235

Certain offences under subs. (2) designated fixed charge offences and penalties prescribed (20.05.2024) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2024 (S.I. No. 227 of 2024), regs. 7, 8(f) and sch. 6 part 1 item 4.

E236

Power pursuant to subss. (9)-(11) exercised (16.05.2023) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2023 (S.I. No. 242 of 2023).

E237

Power pursuant to section exercised (17.01.2023) by Road Traffic (National Car Test) (Amendment) Regulations 2023 (S.I. No. 4 of 2023).

E238

Power pursuant to section exercised (21.06.2021) by Road Traffic (National Car Test) (Amendment) Regulations 2021 (S.I. No. 289 of 2021), in effect as per reg. 1(2).

E239

Power pursuant to section exercised (27.11.2020) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2020 (S.I. No. 555 of 2020).

E240

Power pursuant to section exercised (20.04.2020) by Road Traffic (National Car Test) (Amendment) Regulations 2020 (S.I. No. 132 of 2020).

E241

Power pursuant to section exercised (20.05.2018 and 1.01.2020) by Road Traffic (National Car Test) Regulations 2017 (S.I. No. 415 of 2017), in effect as per 1(2).

E242

Offence under subs. (2) designated a fixed charge offence (8.12.2014) by Road Traffic (Fixed Charge Offences) Regulations 2014 (S.I. No. 559 of 2014), reg. 4(b)(ii).

E243

Penalty points in respect of using a vehicle without a test certificate imposed on conviction (1.05.2009) by Road Traffic Act 2002 (12/2002), s. 2 and sch. 1 part 1 ref. no. 2, S.I. No. 149 of 2009.

E244

Power pursuant to this section and s. 5 exercised (1.11.2002) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2002 (S.I. No. 500 of 2002).

E245

Previous affecting provision: offence under subs. (2) designated fixed charge offence and penalty prescribed (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), regs. 3, 4(f) and sch. 6 part 1 item 4, in effect as per reg. 1(2); revoked (20.05.2024) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2024 (S.I. No. 227 of 2024), reg. 3(b).

E246

Previous affecting provision: offence under subs. (2) (using a vehicle without a test certificate) designated a fixed charge offence for purposes of Road Traffic Act 2010, part 3 (1.06.2017) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017), regs. 4, 5(c) and sch. 3 part 1, in effect as per reg. 2; revoked (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), reg. 5(a), in effect as per reg. 1(2).

E247

Previous affecting provision: power pursuant to section exercised (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), in effect as per reg. 1(2); revoked (20.05.2018) by Road Traffic (National Car Test) Regulations 2017 (S.I. No. 415 of 2017), reg. 20, in effect as per 1(2).

E248

Previous affecting provision: power pursuant to section exercised (6.08.2013) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2013 (S.I. No. 303 of 2013); revoked (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), reg. 16(f), in effect as per reg. 1(2).

E249

Previous affecting provision: power pursuant to section exercised (4.02.2013) by Road Traffic (National Car Test) (Amendment) Regulations 2013 (S.I. No. 10 of 2013); revoked (6.08.2013) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2013 (S.I. No. 303 of 2013), reg. 4.

E250

Previous affecting provision: power pursuant to section exercised (2.04.2012) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2012 (S.I. No. 104 of 2012); revoked (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), reg. 16(e), in effect as per reg. 1(2).

E251

Previous affecting provision: power pursuant to section exercised (2.04.2012) by Road Traffic (National Car Test) (Amendment) Regulations 2012 (S.I. No. 103 of 2012); revoked (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), reg. 16(d), in effect as per reg. 1(2).

E252

Previous affecting provision: power pursuant to section exercised (3.01.2012) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2011 (S.I. No. 711 of 2011); revoked (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), reg. 16(c), in effect as per reg. 1(2).

E253

Previous affecting provision: power pursuant to section exercised (3.01.2012) by Road Traffic (National Car Test) (Amendment) Regulations 2011 (S.I. No. 623 of 2011); revoked (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), reg. 16(b), in effect as per reg. 1(2).

E254

Previous affecting provision: power pursuant to section exercised (4.01.2010) by Road Traffic (National Car Test) Regulations 2009 (S.I. No. 567 of 2009); revoked (28.07.2014) by Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), reg. 16(a), in effect as per reg. 1(2).

E255

Previous affecting provision: power pursuant to section exercised (30.04.2009 and 25.11.2009) by Road Traffic (Driving Instructor Licensing) Regulations 2009 (S.I. No. 146 of 2009); revoked (3.06.2009) by Road Traffic (Driving Instructor Licensing) (No. 2) Regulations 2009 (S.I. No. 203 of 2009), reg. 51.

E256

Previous affecting provision: power pursuant to section exercised (23.12.2008) by Road Traffic (National Car Test) (Amendment) Regulations 2008 (S.I. No. 588 of 2008); revoked (4.01.2010) by Road Traffic (National Car Test) Regulations 2009 (S.I. No. 567 of 2009), reg. 15(b).

E257

Previous affecting provision: power pursuant to section exercised (1.02.2009) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2008 (S.I. No. 590 of 2008); revoked (4.01.2010) by Road Traffic (National Car Test) Regulations 2009 (S.I. No. 567 of 2009), reg. 15(c).

E258

Previous affecting provision: power pursuant to section exercised (1.03.2005) by Road Traffic (National Car Test) (Amendment) Regulations 2005 (S.I. No. 62 of 2005); revoked (1.02.2009) by Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2008 (S.I. No. 590 of 2008), reg. 3.

E259

Previous affecting provision: application of section extended (15.09.2003) by Road Traffic (National Car Test) Regulations 2003 (S.I. No. 405 of 2003), reg. 3, in operation as per reg. 1(2); revoked and superseded (4.01.2009) by Road Traffic (National Car Test) Regulations 2009 (S.I. No. 567 of 2009), reg. 15(a).

E260

Previous affecting provision: fine in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table, ref. no. 3, S.I. No. 491 of 2002. Fine increased as per above F-note.

E261

Previous affecting provision: application of section extended (4.01.2000) by Road Traffic (National Car Test) Regulations 1999 (S.I. No. 395 of 1999), regs. 3 and 4, in effect as per reg. 1(2); revoked (1.01.2002) by Road Traffic (National Car Test) (No 3) Regulations 2001 (S.I. No. 550 of 2001), reg. 20, in effect as per reg. 1(2).

E262

Previous affective provision: application of section extended (4.1.2000 and other dates) by Road Traffic (Car Testing) Regulations 1998 (S.I. No. 481 of 1998), reg. 3, in operation as per reg. 1(2); revoked before coming into operation and superseded (4.01.2000) by Road Traffic (National Car Test) Regulations 1999 (S.I. No. 395 of 1999), reg. 1(2).

E263

Previous affecting provision: fine in subs. (2) increased (18.07.1984) by Road Traffic Act 1984 (16/1984), s. 3(1) and table, ref. no. 10, commenced on enactment. Fine increased as per above E-note.