PART II

General Provisions Relating to Vehicles

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.

9. —(1) The Minister may make regulations in relation to the importation, supply and fitting of vehicle parts.

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1), provide for all or any of the following matters:

(a) prohibiting importation either absolutely or save under a licence (which may contain conditions) issued by the Minister or by specified persons;

(b) prohibiting, either absolutely or save under a licence (which may contain conditions) issued by the Minister, persons from supplying, or offering to supply, specified goods or specified classes of goods;

(c) prohibiting persons from fitting, or offering to fit, vehicle parts to a vehicle—

(i) where the importation or supply of such parts is prohibited under this section,

(ii) where the use of a vehicle with such parts in a public place would contravene regulations under section 11 of the Principal Act,

(iii) save in a prescribed manner;

(d) requiring persons supplying specified vehicle parts to supply therewith instructions relating to the fitting and use of such parts.

(3) Different regulations may be made under this section in respect of different classes of vehicle parts and for different circumstances.

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

(5) In this section—

“vehicle part” means any article made or adapted for use as part of a vehicle or for use as part of the equipment of a vehicle and includes any article made or adapted for use as part of the equipment of a driver or passenger on or in a vehicle and any device which is capable of being used to indicate the existence of, or to frustrate the operation of, electronic or other apparatus being used to give indications from which the speed at which a person was driving can be inferred;

“supply” includes supply by way of sale, hire, loan or otherwise.

10. —(1) The Minister may make regulations in relation to the control and operation of vehicles drawn by mechanically propelled vehicles.

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1), provide for all or any of the following matters:

(a) the licensing of drawn vehicles;

(b) the payment of specified fees in respect of applications for licences or plates under the regulations and the disposition of such fees;

(c) the conditions subject to which drawn vehicles may be operated in public places;

(d) the keeping of specified records, the issue of specified certificates and the specifying of the persons by whom such certificates are to be issued;

(e) the production of the records and certificates to members of the Garda Síochána and specified officers of the Minister.

(3) Different regulations may be made under this section for different circumstances and in respect of different classes of vehicles.

(4) A certificate purporting to be issued pursuant to regulations under this section and stating that a specified person was on a specified day the holder of a licence under the regulations or that on a specified day a licence under the regulations was in force in respect of a specified vehicle shall, without proof of the signature of the person purporting to sign it or that he was the proper person to issue it, be evidence in any legal proceedings until the contrary is shown of the matters so stated.

(5) In a prosecution for an offence under this section in which a licence under regulations under this section is material, it shall be presumed, until the contrary is shown by the defendant, that at the material time, such a licence, then having effect, was not held.

(6) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence and, in such cases involving a vehicle as may be prescribed and where that person is not the owner of the vehicle, the owner shall also be guilty of an offence.

11. —(1) A person shall not use in a public place a vehicle to which this section applies unless there is in force in respect of the vehicle and exhibited thereon a plate under this section indicating descriptions of maximum weights which are not to be exceeded in the case of the vehicle or any combination of vehicles of which it is a part.

(2) A person shall not use in a public place a vehicle to which this section applies unless there is in force in respect of the vehicle a certificate under this section indicating descriptions of maximum weights which are not to be exceeded in the case of the vehicle or any combination of vehicles of which it is a part.

(3) Where a person contravenes subsection (1) or (2) he shall be guilty of an offence and, where that person is not the owner of the vehicle, the owner shall also be guilty of an offence.

(4) Where a person charged with an offence under subsection (3) is the owner of the vehicle, it shall be a good defence to the charge for him to show that the vehicle was being used on the occasion in question by another person and that the use was unauthorised.

(5) The owner of a vehicle to which this section applies may apply to the issuing authority for a plate and a certificate under this section in respect of the vehicle.

(6) Where an application is made under subsection (5) the issuing authority shall determine the descriptions of maximum weights which are not to be exceeded in the case of the vehicle or of any combination of vehicles of which it is a part and shall issue a plate and a certificate in the prescribed forms in respect of the vehicle.

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

(8) Regulations under this section may, in particular and without prejudice to the generality of subsection (7), provide for all or any of the following matters:

(a) the classes of vehicles to which this section applies;

(b) exempting from subsections (1) and (2) the use of vehicles for specified purposes or in specified circumstances;

(c) the specifying of the persons to be issuing authorities for the purposes of this section;

(d) the manner in which maximum weights shall be determined, the manner in which any particulars relevant to such determination shall be ascertained or calculated, and the carrying out of tests for the purpose of such determinations;

(e) the making of applications for plates and certificates under this section and the specifying of conditions subject to which such applications may be made;

(f) the fees to be paid by applicants for plates and certificates under this section and the disposition of such fees;

(g) the keeping of records by specified persons;

(h) the forms and periods of validity of plates and certificates under this section;

(i) the delegation by issuing authorities to specified persons of the functions of such authorities under subsection (6);

(j) providing, in the event of a specified alteration to a vehicle in respect of which a plate and certificate under this section have been issued, for the surrender of the plate and certificate to a specified person;

(k) the issue by issuing authorities of duplicate plates and certificates under this section in place of plates and certificates lost, destroyed, or mutilated, the fees to be paid in respect of such issue and the disposition of such fees;

(l) providing in specified cases that the determination of descriptions of maximum weights and other particulars on plates and certificates under this section shall be subject to the general or particular approval of the Minister;

(m) providing for the production to specified officers of the Minister, to members of the Garda Síochána, or to other specified persons of certificates under this section and of records kept under this section.

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

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

(11) A person who destroys, damages or defaces a plate or a certificate issued under this section shall be guilty of an offence.

(12) In this section “the issuing authority” means the person who, in the case in question and in accordance with the regulations under this section, is the issuing authority.

12.— (1) (a) Whenever an authorised officer of the Minister observes a mechanically propelled vehicle or a combination of vehicles in a public place he may inspect and examine the vehicle or combination and, for the purpose of carrying out the inspection and examination, may, subject to regulations under this section, do all such things and make all such requirements in relation to the vehicle or combination as are reasonably necessary.

(b) A person who contravenes a requirement of an authorised officer of the Minister under this subsection or who obstructs such an authorised officer in the performance of his functions under this subsection shall be guilty of an offence.

(2) (a) Whenever the Minister has reasonable grounds for believing that a mechanically propelled vehicle or a combination of vehicles has been used in a public place, he may require the owner of the vehicle or combination to submit it for examination by a person authorised by the Minister at a time and place and in a condition of loading specified by the Minister.

(b) A person who contravenes a requirement under paragraph (a) or who obstructs an authorised person in the performance of his functions under this subsection shall be guilty of an offence.

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

(4) Regulations under this section may, in particular and without prejudice to the generality of subsection (3), provide for all or any of the following matters:

(a) the circumstances in which inspections and examinations may be carried out;

(b) the nature of inspections and examinations;

(c) the manner in which, the conditions under which and the apparatus with which inspections and examinations may be carried out;

(d) the requirements which may be made of persons in charge of vehicles or combinations of vehicles for the purpose of carrying out inspections and examinations;

(e) the authorising of officers of the Minister to be authorised officers for the purposes of this section;

(f) the authorising of persons (whether officers of the Minister or not) to be authorised persons for the purposes of this section;

(g) the delegation by the Minister to specified persons of his powers under subsection (2) (a);

(h) the keeping of records and the furnishing of reports by authorised persons.

(5) Regulations under this section may make different provisions for different classes of vehicles and different circumstances.

(6) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence and, in such cases involving a vehicle as may be prescribed and where that person is not the owner thereof, the owner shall also be guilty of an offence.

(7) In this section “examination” includes test.

13. —(1) This section applies to every person who owns or operates not less than the prescribed number of mechanically propelled vehicles (being vehicles exceeding two tons in weight unladen and used in public places) and is designated for the purposes of this section in regulations made thereunder.

(2) The Minister may make regulations—

(a) requiring a person to whom this section applies to arrange, in accordance with a scheme approved by the Minister, for the inspection and examination from time to time of the vehicles (or a specified class thereof) owned or operated by that person,

(b) providing for the keeping of records of such inspections and examinations and of the action taken to remedy any defects discovered in the course of such inspections and examinations, and

(c) providing for the production of such records to officers of the Minister.

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

14. —(1) Where an international agreement to which the State is a party provides for—

(a) markings to be applied to vehicles or to vehicle parts for the purpose of indicating conformity of a vehicle part with a type approved by any country, and

(b) vehicle parts bearing those markings, or in respect of which markings have been applied to a vehicle, to be recognised as complying with the requirements imposed by the law of another country,

the Minister may be regulations designate the markings as approval marks, and the use of any markings so designated shall be deemed for the purposes of the Merchandise Marks Acts, 1887 to 1931, to be a trade description, whether or not they are commonly taken, according to the custom of the trade, to be such indication as is mentioned in subsection (1) (a).

(2) A person who, not being authorised by the competent authority to apply an approval mark, applies that mark (or a mark so nearly resembling it as to be calculated to deceive) shall be guilty of an offence under the Merchandise Marks Act, 1887.

(3) Section 30 of the Merchandise Marks Act, 1931 , shall not apply to an offence committed in connection with an approval mark.

(4) (a) The Minister may by regulations specify the conditions (including payment of fees) subject to which approval of a type may be given on behalf of the State or subject to which the use of approval marks indicating conformity of a vehicle part with a type approved by the State may be authorised, and may provide for the disposition of fees.

(b) Different regulations may be made under this subsection in respect of different classes of cases.

(5) In this section—

“vehicle part” means any article made or adapted for use as part of either a mechanically propelled vehicle or a vehicle drawn thereby, or for use as part of the equipment of either of such vehicles, and includes any article made or adapted for use as part of the equipment of a driver or passenger on or in either of such vehicles;

“the competent authority” means—

(a) as respects any approval mark indicating conformity with a type approved by the State, the Minister, and

(b) as respects any approval mark indicating conformity with a type approved by any other country, the authority having power under the law of that country to authorise the use of that mark;

“conformity of a vehicle part with a type approved” includes conformity of a vehicle, fitted with the part in question, with a type vehicle approved as respects only the requirement or requirements which the part enables the vehicle to fulfil.

15. —(1) Where—

(a) a vehicle exceeding seventeen tons in weight laden (within the meaning of the relevant regulations), or a combination of vehicles of which such a vehicle forms a part, is used on a public road,

(b) the owner is convicted of an offence under section 12 of the Principal Act in respect of such use, and

(c) the excess weight during such use was not less than one ton,

the court which so convicted shall, in addition to any penalty which may be imposed under section 102 of the Principal Act, impose on the owner so convicted, a penalty fixed in accordance with the Table to this section.

(2) A penalty imposed under this section shall be paid to the road authority responsible for the maintenance of the road on which the offence was committed.

(3) Where a sum becomes recoverable under section 17 of the Principal Act and a penalty has been imposed under this section in respect of the same facts, the sum shall be reduced by the amount of the penalty.

(4) Where damages become recoverable under section 93 (8) of the Principal Act and a penalty has been imposed under this section in respect of the same facts, the damages shall be reduced by the amount of the penalty.

(5) In this section—

“excess weight” means—

(a) in the case of a single vehicle, the excess of the weight laden (within the meaning of the relevant regulations) of the vehicle over the maximum weight laden of the vehicle specified by the relevant regulations applying in relation to the vehicle,

(b) in the case of a combination of vehicles, the excess of the weight laden (within the meaning of the relevant regulations) of the combination over the maximum weight laden of the combination specified by the relevant regulations applying in relation to the combination, together with the excess weight (if any) of each of the individual vehicles forming the combination as calculated in the manner specified in paragraph (a);

“relevant regulations” means the regulations for the time being in force under section 12 of the Principal Act.

TABLE

16. —(1) The powers conferred on an authorised officer by section 16 (1) and 16 (2) of the Principal Act are hereby extended—

(a) to include power to inspect any part of a vehicle or combination of vehicles for the purpose of forming an opinion as to whether or not the appropriate regulations under sections 11 and 12 of that Act have been or are being complied with, and

(b) to include power to require the person in charge of a vehicle or combination of vehicles not to proceed further in the vehicle or combination if and so long as—

(i) the vehicle or combination having been weighed in accordance with the said section 16, there is, in the opinion of the officer, a contravention of section 12 (3) of the Principal Act in relation to that vehicle or combination, or

(ii) the authorised officer is of opinion that the vehicle or combination does not comply with a regulation under section 11 or 12 of the Principal Act and would, if permitted to proceed further, be likely to cause damage to a public road.

(2) A member of the Garda Síochána may arrest without warrant a person who has refused or failed to comply with a requirement mentioned in subsection (1) (b) (ii).

17. —(1) The power to make regulations conferred by section 12 of the Roads Act, 1920, shall include—

(a) power to make regulations requiring a person applying for a licence under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 , in respect of a mechanically propelled vehicle to produce in prescribed cases such certificate under this Part as may be prescribed and any other prescribed document for the purposes of this Part,

(b) power to make regulations providing for the insertion in prescribed cases by the licensing authority of prescribed particulars on certificates and documents mentioned in paragraph (a).

(2) In this section “licensing authority” means the council of a county or the corporation of a county borough.