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11 1933

ROAD TRAFFIC ACT, 1933

PART VI.

Certificates of Competency and Fitness.

Issue of certificates of competency.

81. —(1) Any person may apply to the superintendent of the Gárda Síochána of the district in which he ordinarily resides or, if he does not ordinarily reside in Saorstát Eireann, to such superintendent of the Gárda Síochána as the Commissioner shall direct for such certificate of competency as is hereinafter mentioned.

(2) Whenever any person (in this section referred to as the applicant) applies under this section to a superintendent of the Gárda Síochána and pays to the Commissioner such fee as shall be fixed by the Minister with the consent of the Minister for Finance, such superintendent shall cause the skill and competency of the applicant to drive either (as the applicant shall require) a large public service vehicle or a small public service vehicle to be tested in a suitable vehicle provided by the applicant, and—

(a) if he is satisfied that the applicant has the skill and competency to drive a large public service vehicle, shall give to the applicant a certificate (in this Act referred to as a certificate of competency and distinguished as a certificate of competency to drive a large public service vehicle) that the applicant has the skill and competency to drive a large public service vehicle, or

(b) if he is satisfied that the applicant has the skill and competency to drive a small public service vehicle shall give to the applicant a certificate (in this Act referred to as a certificate of competency and distinguished as a certificate of competency to drive a small public service vehicle) that the applicant has the skill and competency to drive a small public service vehicle.

Issue of certificates of fitness.

82. —(1) Any person who is unwilling to make the declaration which is required by Part III of this Act to accompany or be contained in an application for a driving licence or who is by reason of any physical deformity or defect incapable of driving a mechanically propelled vehicle of the ordinary pattern with the usual fittings and features may apply to the superintendent of the Gárda Síochána of the district in which he ordinarily resides or, if he does not ordinarily reside in Saorstát Eireann, to such superintendent of the Gárda Síochána as the Commissioner shall direct for such certificate of fitness as is hereinafter mentioned.

(2) Every person who proposes to apply under this section for any such certificate of fitness as is hereinafter mentioned shall, within one month before making such application, cause himself to be examined by a qualified medical practitioner and shall obtain from such medical practitioner a signed report in writing as to the physical and mental fitness of such person to drive the kind of mechanically propelled vehicle in relation to which such application is proposed to be made.

(3) Whenever any person (in this section referred to as the applicant) applies under this section to a superintendent of the Gárda Síochána and pays to the Commissioner such fee as shall be fixed by the Minister with the consent of the Minister for Finance and produces to such superintendent the report of a qualified medical practitioner obtained in accordance with the next foregoing sub-section of this section, such superintendent shall cause the competency of the applicant to drive a mechanically propelled vehicle to be tested in a suitable vehicle provided by the applicant, and—

(a) if he is satisfied, having regard to such report and such test, that the applicant is fit and competent to drive a mechanically propelled vehicle of the ordinary pattern with the usual fittings and features, he shall give to the applicant a certificate (in this Act referred to as a certificate of fitness) certifying that the applicant is fit and competent to drive a mechanically propelled vehicle, or

(b) if he is satisfied, having regard to such report and such test, that the applicant is not fit and competent to drive a mechanically propelled vehicle of the ordinary pattern having only the usual fittings and features but is fit and competent to drive a mechanically propelled vehicle which is of a particular class or classes and is equipped with special fittings or special features, he shall give to the applicant a certificate (in this Act included in the expression “certificate of fitness” and distinguished as a certificate of limited fitness) certifying that the applicant is fit and competent to drive a mechanically propelled vehicle which is of the particular class or one of the particular classes specified in such certificate and is equipped with the special fittings or the special features specified and described in such certificate, or

(c) if he is satisfied, having regard to such report and such test, that the applicant is not fit and competent to drive any ordinary mechanically propelled vehicle but is fit and competent to drive a mechanically propelled vehicle of a particular class or classes and specially designed and constructed for use by persons suffering from the particular deformity or defect from which the applicant suffers, he shall give to such person a certificate (in this Act included in the expression “certificate of fitness” and distinguished as a certificate of fitness to drive an invalid carriage) certifying that the applicant is fit and competent to drive a mechanically propelled vehicle of the particular class or one of the particular classes specified in such certificate and of the special design and construction specified in such certificate.

Exemption from obligation to hold a driving licence.

83. —Notwithstanding anything contained in this Act, it shall be lawful for a person who does not hold a driving licence to drive a mechanically propelled vehicle while his skill and competency or his competency (as the case may be) to drive such vehicle is being tested under this Part of this Act, and such driving of such vehicle by such person shall not be a contravention of any provision of this Act merely by reason of such person not being the holder of a driving licence.