33.—(1) In this section “the issuing authority” means the person who, in the case in question and in accordance with regulations made by the Minister, is the issuing authority for the purposes of this section.

F90[(1A) Notwithstanding subsection (1), the Road Safety Authority is deemed to be and have been the issuing authority for the purpose of this section with effect from 1 January 2007 and every act done or purported to have been done by the Road Safety Authority in the performance or purported performance of the functions of the issuing authority under this Act on and from that date and prior to the coming into operation of section 5 (g)(i) of the Road Traffic and Roads Act 2023 shall be, and be deemed always to have been, valid and effectual for all purposes.

(1B) The functions of the issuing authority under subsection (4) are deemed to be and have been delegated to persons appointed, on or after 1 January 2007, by the Road Safety Authority to carry out tests under this section and every act done or purported to have been done by persons so appointed shall be, and be deemed always to have been, valid and effectual for all purposes.

(1C) If subsection (1A) or (1B) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.]

(2) A person, other than a person to whom section 32 of this Act applies, may apply to the issuing authority for a certificate of competency in the following cases:

(a) where he is disqualified for holding a driving licence until he produces a certificate of competency,

(b) where under the regulations under this Act an application by him for a driving licence is required to be accompanied by a certificate of competency.

F90[(2A) An application for a certificate of competency under this section shall contain the personal public service number allocated and issued to the applicant under section 262 (2) of the Social Welfare Consolidation Act 2005.]

(3) Where an application is duly made under this section and the appropriate fee is paid, the issuing authority shall test or cause to be tested—

(a) the competency of the applicant to drive the class or classes of mechanically propelled vehicle to which the application relates, and

(b) the knowledge of the applicant of the Rules of the Road, the test, so far as it is a test of competency to drive, being carried out in such vehicles (to be provided by the applicant) as the person carrying out the test considers necessary.

F91[(3B) An issuing authority shall not carry out nor cause to be carried out a test for a certificate of competency unless the mechanically propelled vehicle in which the test is to be carried out displays on its front windscreen—

(a) a licence taken out under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952, F92[and]

(b) F93[subject to subsection (3BB), where the vehicle] is a vehicle to which section 18 applies, a test certificate,

for the time being in force, in respect of the vehicle.

F94[(3BB) Where an EU roadworthiness certificate does not have a detachable disc, the proof of test issued by the Member State competent authority or the Member State testing centre concerned for the purposes of Article 10 of the Roadworthiness Directive shall be presented to the issuing authority for the purposes of subsection (3B).]

(3C) If a licence or test certificate referred to in subsection (3B) is not displayed 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.]

(4) On completion of a test under subsection (3) of this section, the issuing authority shall either—

(a) refuse the application, or

(b) F95[where a person has not been issued with a theory test certificate (within the meaning of European Communities (Driving Theoretical Tests) Regulations 2003 (S.I. No. 52 of 2003)) in respect of the category of vehicle in respect of which the person applied for a certificate of competency] subject to being satisfied that the applicant has a satisfactory knowledge of the Rules of the Road, issue a certificate (in this Act referred to as a certificate of competency) certifying—

(i) in case the application is for a certificate of competency to drive any mechanically propelled vehicle whatsoever and the issuing authority is satisfied that the applicant is competent to drive any mechanically propelled vehicle whatsoever—that the applicant is competent to drive any mechanically propelled vehicle whatsoever, or

(ii) in any other case—that the applicant is competent to drive any specified class or classes of mechanically propelled vehicle, being a class or classes in respect of which a certificate of competency was applied for and which the issuing authority is satisfied that the applicant is competent to drive,

but, where the issuing authority so thinks proper, it may defer a decision under this subsection pending production by the applicant of a certificate of fitness.

(5) (a) A person aggrieved by the deferring of a decision under subsection (4) of this section may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or direct that the application shall be dealt with without requiring a certificate of fitness.

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

(6) (a) A person aggrieved by a decision under subsection (4) of this section may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or, if satisfied that the test was not properly conducted, direct that the applicant shall be given a further test.

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

(7) Notwithstanding anything contained in this Act, it shall be lawful for a person who does not hold a driving licence, or is disqualified for holding a driving licence, to drive a mechanically propelled vehicle during a test under this section, and the driving shall not be a contravention of any provision of this Act merely by reason of his not being the holder of a driving licence.