C32

Prospective affecting provision: subss. (3D) and (3E) inserted by Road Traffic Act 2014 (3/2014), s. 6(a), not commenced as of date of revision.

F78[(3D) An issuing authority shall not carry out nor cause to be carried out a test for a certificate of competency unless the person to be tested, when presenting for the test, produces a record of having completed any minimum period of driving experience prescribed under section 42(3) (h).

(3E) If a record referred to in subsection (3D) is not produced in accordance with that subsection, the application for a certificate of competency is refused and any fee paid in respect of the application is forfeited.]

C33

Prospective affecting provision: subs. (3A) inserted by Road Traffic Act 1968 (25/1968), s. 21, not commenced as of date of revision.

F79[(3A) (a) Notwithstanding anything contained in subsection (3) of this section, a test under that subsection shall not be carried out save where the issuing authority has satisfied itself in the prescribed manner that the eyesight of the applicant or, in the case of an applicant with a defect of eyesight for the time being corrected, the eyesight of the applicant as so corrected, complies with the prescribed standard.

(b) A person aggrieved by a refusal, in pursuance of paragraph (a) of this subsection, to carry out a test may appeal to a Justice of the District Court having jurisdiction in the place in which the person ordinarily resides, and the Justice may either refuse the appeal or, if satisfied that the eyesight or corrected eyesight of the applicant complies with the prescribed standard, direct the issuing authority to test or cause to be tested the applicant under subsection (3) of this section.

(c) A decision under this subsection of a Justice of the District Court shall be final and not appealable.]

C34

Issuing authority specified and powers of issuing authority modified (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), regs. 3(1) and 23, as amended (19.01.2013) by Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011 (S.I. No. 483 of 2011), reg. 2(i), in effect as per reg. 1(2).

Definitions.

3. (1) In these Regulations — ...

“Minister” means Minister for Transport;

...

Issuing authority and delegation of functions.

23. (1) The issuing authority for the purposes of section 33 of the Act is the Minister and in this Part “issuing authority” means the Minister.

(2) The functions of the issuing authority under section 33(4) of the Act are delegated to driver testers.

[(3) A driver tester shall meet the minimum standards set out in Schedule 8.

(4) The Road Safety Authority shall oversee implementation of the minimum standards for driver testers set out in Schedule 8 and shall carry out the functions assigned to it by the relevant standards.]

C35

Procedure under subs. (4) provided (21.10.2006) by Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), reg. 29.

Deferred decision on application for certificate of competency.

29. (1) In a case where a decision on an application has been deferred under section 33(4) of the Act the applicant may submit to the issuing authority a valid certificate of fitness in respect of the category to which the application for a certificate of competency relates.

(2) On receipt of such certificate of fitness, the issuing authority shall, subject to section 33(4), either refuse the application for a certificate of competency or issue a certificate of competency.

C36

Application of section restricted (7.11.1989) by European Communities (Licensing of Drivers) Regulations 1989 (S.I. No. 287 of 1989), arts. 3 and 4.

3. Notwithstanding section 33 (7) of the Road Traffic Act, 1961 (No. 24 of 1961), Regulations under section 42 of that Act may provide that the issuing authority for the purposes of section 33 of that Act shall not test or cause to be tested an applicant for a certificate of competency unless the applicant holds such driving licence or provisional licence as may be specified in the Regulations.

4. Regulations of the type referred to in Article 3 of these Regulations shall have effect in accordance with their terms and subsections (3) and (7) of section 33 and section 42 of the Road Traffic Act, 1961 are hereby amended accordingly.

C37

Limited certificates of competency under subs. (4)(b)(ii) provided (24.07.1969) by Road Traffic Act 1968 (25/1968), s. 22(1), S.I. No. 139 of 1969.

Limited certificates of competency for special cases.

22.—(1) Where an applicant for a certificate of competency under section 33 of the Principal Act so requests and the issuing authority within the meaning of that section so determines, a certificate of competency issued under subsection (4) (b) (ii) of that section to that applicant shall, notwithstanding anything in that Act, contain a statement that, in relation to a class of vehicles in respect of which the certificate is issued, it is limited to a specified type of vehicle belonging to that class.

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