Road Traffic Act 1968

Control of supply of vehicles.

8

8. (1) A person shall not supply, or offer to supply, a vehicle to which this subsection applies, for delivery in such a condition that the vehicle does not comply with the requirements of regulations under sections 11 and 12 of the Principal Act applying in relation to the vehicle when used in a public place or on a public road and specified for the purpose of this subsection by regulations under this section.

(2) A person shall not alter a vehicle to which this subsection applies so as to render its condition such that the vehicle does not comply with the requirements of regulations under sections 11 and 12 of the Principal Act applying in relation to the vehicle when used in a public place or on a public road and specified for the purpose of this subsection by regulations under this section.

(3) Subject to regulations under this section, the Minister may issue a certificate or certificates (in this section referred to as type approval certificates) certifying that a vehicle of any type (in this section referred to as a type vehicle) complies with the prescribed requirements.

(4) A person shall not supply, or offer to supply, a vehicle to which this subsection applies, unless there is in force in respect of the vehicle and provided therewith either—

( a) a test certificate issued under section 18 of the Principal Act, or

( b) a certificate (in this section referred to as a certificate of conformity) issued under regulations under this section by the manufacturer or importer of the vehicle, or by a prescribed person, certifying that the vehicle conforms as respects the prescribed requirements with a type vehicle in respect of which a type approval certificate under subsection (3) is in force.

(5) A person who contravenes subsection (1), (2) or (4) shall be guilty of an offence.

(6) Nothing in subsections (1) to (5) shall affect the validity of a contract or any rights arising thereunder.

(7) In any contract for the supply of a vehicle to which this subsection applies, it shall be a warranty that the vehicle which is the subject of the contract either—

( a) complies with such requirements of the regulations under sections 11 and 12 of the Principal Act as may be prescribed for the purpose of this subsection, or

( b) conforms as respects the prescribed requirements with a type vehicle in respect of which a type approval certificate is in force.

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

(9) Regulations under this section may, in particular and without prejudice to the generality of subsection (8), make provision for all or any of the following matters:

( a) the classes of vehicles to which subsection (1), (2), (4) or (7) applies;

( b) exempting from subsection (1), (2), (4) or (7) the supply or alteration of vehicles for specified purposes or in specified circumstances;

( c) specifying the requirements of regulations under sections 11 and 12 of the Principal Act to be complied with under subsection (1) or (2);

( d) the issue and cancellation of certificates of conformity, including, in particular, the form of such certificates, the persons by whom and the conditions subject to which such certificates may be issued or cancelled;

( e) the making of applications for type approval certificates, including, the payment of fees in respect of such applications, the disposal of such fees and the production of vehicles or evidence as to the design and construction of vehicles for examination;

( f) the issue and cancellation of type approval certificates, including, in particular, the form of such certificates, the delegation of the powers of the Minister under subsection (3) to specified persons, and the conditions subject to which such certificates may be issued or cancelled;

( g) the requirements to be complied with by type vehicles;

( h) the arrangements to be made by persons issuing certificates of conformity to ensure that vehicles comply as respects the prescribed requirements with type vehicles;

( i) providing, as respects a vehicle in course of construction or adaptation, for the issue at appropriate stages of construction or adaptation of certificates of conformity in respect of appropriate parts of the vehicle;

( j) the period of validity of certificates issued under regulations under this section;

( k) the keeping of records by specified persons;

( l) powers of inspection of records and premises;

( m) the modification and adaptation of this section in relation to imported vehicles (or parts thereof) in pursuance of any international agreement to which the State is a party.

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

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

(12) In this section “ supply” includes supply by way of sale, hire, loan or otherwise.

Annotations:

Editorial Notes:

E32

Power pursuant to section exercised (1.02.2018) by Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2018 (S.I. No. 23 of 2018), in effect as per reg. 2.

E33

Power pursuant to section exercised (1.11.1993) by Road Traffic (Control of Supply of Vehicles) (Amendment) Regulations 1993 (S.I. No. 301 of 1993).

E34

Power pursuant to section exercised (1.03.1991) by Road Traffic (Control of Supply of Vehicles) Regulations 1991 (S.I. No. 35 of 1991).