Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
Offence of using CVR vehicle without certificate of roadworthiness.
6.— F5[(1) A person shall not use a CVR vehicle in a public place unless at the time there is in force in respect of the vehicle a certificate of roadworthiness or the vehicle is the subject of an exemption under section 135 of the Finance Act 1992 (No. 9 of 1992) in force for the time being.]
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 3 months, or to both.
(3) Where a person who contravenes subsection (1) is not the owner of the vehicle, the owner of the vehicle also commits an offence and is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 3 months, or to both.
(4) Where the owner of a vehicle is charged with an offence under subsection (3) it is a defence to the charge if the owner shows that at the time of the alleged offence the vehicle was used without his or her consent.
(5) A certificate purporting to be signed by an officer of the Authority and to certify that on a specified day or days, or during the whole of a specified period, no certificate of roadworthiness was in force in respect of a specified CVR vehicle shall, without proof of the signature of the person purporting to sign the certificate or that he or she was an officer of the Authority, be evidence, until the contrary is shown, of the matters purporting to be certified in or by the certificate.
(6) Where in a prosecution for an offence under subsection (2) or (3) it is shown that, a demand having been made of a person under section 7, the person—
(a) refused or failed to produce a certificate of roadworthiness, or
(b) having produced a certificate of roadworthiness to a member of the Garda Síochána, refused or failed to permit him or her to read and examine it,
it shall be presumed, until the contrary is shown, that the vehicle was being used in contravention of subsection (1).
Substituted (22.11.2021) by European Union (Commercial Vehicle Roadworthiness) (Roadworthiness Certificate and Roadworthiness Test) Regulations 2021 (S.I. No. 617 of 2021), reg. 2(c).
A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.