Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

4.

Mandatory roadworthiness testing of certain vehicles.

4.— (1) The Minister may make regulations providing for mandatory roadworthiness testing of vehicles.

(2) Without prejudice to the generality of subsection (1), regulations under that subsection may provide for—

(a) the categories of vehicles to be tested,

(b) the timing and frequency of tests,

(c) the items to be tested,

(d) the tests to be carried out, the standard required and the testing method,

(e) the facilities and equipment to be used for the purposes of testing and any conditions under which tests are to be carried out,

(f) the persons, and the qualifications and training of persons, who may validly carry out tests,

(g) the persons or bodies that may provide training and certify qualifications under paragraph (f),

(h) the form and manner of application to have a vehicle tested,

(i) the fee payable for any test and by whom such fee is payable,

(j) the issue and the form of a test report,

(k) the issue, form, validity and duration of a pass statement,

(l) the recall and retesting of a vehicle in respect of which a pass statement has been issued,

(m) the revocation of a pass statement and related matters (including the reimbursement of test fees),

(n) the information to be furnished to the Minister and the Authority by CVR test operators and CVR testers in relation to testing.

(3) Regulations under subsection (2)(i) may provide for a fixed amount of any fee payable to be paid to the Authority for the purposes of carrying out its functions under this Part.

(4) A person who carries out, or purports to carry out, a CVR test or who issues, or purports to issue, a pass statement in contravention of any regulations made under this section commits an offence.

(5) In a prosecution for an offence under subsection (4) it is a defence to show that the person charged took all reasonable steps and exercised all due diligence to avoid committing the offence.

Annotations

Editorial Notes:

E10

Power pursuant to section exercised (1.11.2023) by Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) (No. 2) Regulations 2023 (S.I. No. 513 of 2023), in effect as per reg. 1(2).

E11

Power pursuant to section exercised (16.05.2023) by Road Safety Authority (Commercial Vehicle Roadworthiness) (Vehicle Testing) (Amendment) Regulations 2023 (S.I No. 241 of 2023).

E12

Power pursuant to section exercised (22.11.2021) by Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) Regulations 2021 (S.I No. 616 of 2021).

E13

Power pursuant to section exercised (31.08.2021) by Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers (Amendment) Regulations 2021 (S.I No. 443 of 2021).

E14

Power pursuant to section exercised (20.04.2020) by Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) Regulations 2020 (S.I. No. 133 of 2020).

E15

Power pursuant to section exercised (20.05.2018) by Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) Regulations 2018 (S.I. No. 117 of 2018), in effect as per reg. 1(2).

E16

Power pursuant to section exercised (20.05.2018) by Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers (Amendment) Regulations 2017 (S.I. No. 414 of 2017), in effect as per reg. 1(2).

E17

Power pursuant to section exercised (23.11.2017) by Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) (Revocation) Regulations 2017 (S.I. No. 519 of 2017).

E18

Power pursuant to section exercised (25.09.2013) by Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations 2013 (S.I. No. 347 of 2013), in effect as per reg. 2.

E19

Power pursuant to section exercised (27.03.2013) by Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013 (S.I. No. 107 of 2013), in effect as per reg. 2.

E20

Power pursuant to section exercised (27.03.2013) by Commercial Vehicle Roadworthiness (Vehicle Testing) Regulations 2013 (S.I. No. 106 of 2013), in effect as per reg. 1(2).

E21

Previous affecting provision: power pursuant to section exercised (21.09.2017 and 20.05.2018) by Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) Regulations 2017 (S.I. No. 413 of 2017), in effect as per reg. 1(2), (3); revoked (23.11.2017) by Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) (Revocation) Regulations 2017 (S.I. No. 519 of 2017).