39.— (1) In this section “risk rating system” means a system whereby a vehicle, premises or person is given a numerical rating based on the relative number and severity of any infringements of requirements relating to matters which the Authority may have regard to under subsections (4) and (5) and whereby vehicles, premises or persons, or categories of vehicles, premises or persons, with a higher rating are checked more closely and more often than vehicles, premises or persons with a lower rating.

(2) The Authority may introduce one or more risk rating systems for the purposes of the effective and targeted enforcement of this Part, Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 ¹, the European Communities (Road Transport Activities Checks) Regulations 2007 (S.I. No. 545 of 2007) and such other enactment as the Minister may specify in regulations.

(3) For the purposes of subsection (1) the Authority may determine a risk rating in relation to—

(a) a CVR vehicle,

(b) the owner of a CVR vehicle,

(c) the registered owner (within the meaning of section 56 (inserted by section 2 of the Roads Act 2007) of the Roads Act 1993) of a CVR vehicle,

(d) the driver of a CVR vehicle,

(e) a CVR test operator,

(f) a CVR testing centre, and

(g) a CVR tester.

(4) In determining a risk rating in relation to paragraphs (a), (b), (c) and (d) of subsection (3) the Authority may have regard to—

(a) results of CVR tests,

(b) results of roadside inspections under section 32,

(c) results of inspections of CVR vehicles and premises under sections 31 and 35 ,

(d) any directions to owners, drivers and persons in charge of CVR vehicles and compliance with those directions,

(e) any convictions for offences under this Part, the Road Traffic Acts 1961 to 2011 and the Road Transport Act 2011,

(f) any penalty points endorsed under section 2 of the Road Traffic Act 2002,

(g) the accuracy of any annual declaration by an owner of a CVR vehicle or other competent person regarding vehicle inspection, repair and maintenance,

(h) whether or not vehicles have been detained by an authorised officer or a CVR inspector, and

(i) such other matters as the Minister may prescribe.

(5) In determining a risk rating in relation to paragraphs (e), (f) and (g) of subsection (3) the Authority may have regard to—

(a) results of CVR tests,

(b) results of inspections of CVR testing centres, observations of CVR tests and inspections of CVR vehicles under section 25,

(c) any directions to CVR test operators or CVR testers and compliance with those directions,

(d) any convictions for offences under this Part,

(e) the accuracy of any records held by a CVR test operator or transmitted using the information system established under section 28 in relation to CVR vehicles,

(f) whether or not authorisations held by CVR test operators or CVR testers have been suspended or revoked, and

(g) such other matters as the Minister may prescribe.

(6) Where the Authority determines a risk rating in relation to a person, a CVR vehicle or a CVR testing centre under this section the Authority shall notify such rating to the person, the owner of the CVR vehicle or the operator of the CVR testing centre as the case may be.

(7) The Minister may make regulations providing for—

(a) the making available to a person referred to in subsection (3), on payment of a prescribed fee, of information as to how a risk rating was determined,

(b) the making of submissions by such a person to the Authority in relation to the risk rating, and

(c) the revision or maintenance of a risk rating following consideration of submissions.

(8) The Authority may establish and maintain one or more registers containing risk ratings referred to in this section and the data considered in allocating each rating.

(9) The Authority, authorised officers and CVR inspectors may have regard to a register established under subsection (8) in identifying the CVR test operators, CVR testing centres, premises, CVR vehicles and CVR testers to be inspected and observed under this Part.