Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

9.

CVR test operators.

9.— (1) The Minister may, on application to him or her, authorise persons (“CVR test operators”) to operate specified CVR testing centres, carry out, or cause to be carried out, CVR tests and issue pass statements in respect of CVR vehicles.

(2) An authorisation under subsection (1) shall be in a form prescribed by the Minister and may include conditions relating to all or any of the following:

(a) the categories of vehicles that may be tested;

(b) the tests that may be carried out;

(c) requirements relating to the specified CVR testing centre;

(d) requirements relating to testers;

(e) requirements relating to the towing and storage of vehicles to be tested;

(f) requirements relating to the use of the specified CVR testing centre by authorised officers and CVR inspectors for inspection and enforcement purposes;

(g) requirements relating to the installation and use of the information system established under section 28 and in particular the simultaneous transfer of test data and information generated by test equipment by means of that system;

(h) the display of the CVR test operator’s authorisation at the specified CVR testing centre;

(i) the notice to be given to the Authority prior to commencement of vehicle testing;

(j) the information to be furnished to the Authority in relation to testing;

(k) any transfer of the authorisation, including a prohibition on transferring the authorisation;

(l) the reimbursement of the administrative costs of—

(i) repeated inspections under section 25,

(ii) reconnecting the information system established under section 28 following the termination, or expiry, of a suspension of the authorisation.

(3) It is a condition of any authorisation issued under this section that the CVR test operator comply with this Part (including any regulations under this Part and any guidelines).

(4) A CVR test operator who fails to display his or her authorisation in accordance with regulations made under this section commits an offence and is liable on summary conviction to a class B fine.

Annotations

Editorial Notes:

E34

Power pursuant to section exercised (20.09.2022, 19.03.2027) by Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers (Amendment) Regulations 2022 (S.I. No. 475 of 2022), in effect on signature and as per reg. 1(2).

E35

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).

E36

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).

E37

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).

E38

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

E39

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.

E40

Form for application under section prescribed (27.03.2013) by Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013 (S.I. No. 107 of 2013), reg. 4(1) and sch. 1 part 1, in effect as per reg. 2.

E41

Form of authorisation prescribed (27.03.2013) by Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013 (S.I. No. 107 of 2013), reg. 5 and sch. 1 part 2, in effect as per reg. 2.

E42

Requirements relating to subs. (2)(f) prescribed (27.03.2013) by Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013 (S.I. No. 107 of 2013), reg. 10(3)(a), in effect as per reg. 2.

E43

Information to be furnished pursuant to subs. (2)(j) specified (27.03.2013) by Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013 (S.I. No. 107 of 2013), reg. 10(6), in effect as per reg. 2.

E44

Waiver of fee for certain applications specified (27.03.2013) by Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013 (S.I. No. 107 of 2013), reg. 17(3)(b), in effect as per reg. 2.

E45

A class B fine means a fine not greater than €4,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(1), S.I. No. 662 of 2010.

E46

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).