The Minister for Local Government and Public Health in exercise of the powers conferred on him by Section 13 of the Finance Act, 1920, by Section 12 of the Roads Act, 1920, by the Motor Car (International Circulation) Order, 1931, and by the Motor Car (International Circulation) (Amendment) Order, 1934, and in exercise of all other powers enabling him in that behalf, hereby makes and prescribes the following regulations, that is to say:—

PRELIMINARY

1 Short title and interpretation.

1.—(1) These regulations may be cited as "the Road Vehicles (International Circulation) Regulations, 1934."

(2) The Interpretation Act, 1923 , applies for the interpretation of these regulations as it applies for the purpose of interpretation of an Act of the Oireachtas.

2 Coming into operation of regulations.

2. These regulations shall come into operation on the 27th day of May, 1934.

3 Definitions.

3. In these Regulations the following expressions shall have the meanings assigned to them respectively by this Article.

the expression "the Minister" means the Minister for Local Government and Public Health;

the expression "council" means county council as defined in the Roads Act, 1920;

the expression "registration authority" means either the Royal Irish Automobile Club, Dawson Street, Dublin; the Automobile Association, Suffolk Street, Dublin; or the council of any county which adjoins Northern Ireland; or the council of the County Borough of Dublin;

the expression "the convention of 1926" means the international convention referred to in the Motor Car (International Circulation) Order, 1931.

the expression "the convention of 1931" means the Internationa convention referred to in the Motor Car (International Circulation) (Amendment) Order, 1934.;

the expression "international certificate" means an international certificate for motor vehicles issued in accordance with the convention of 1926, on the model of that contained in Annex B to that convention;

the expression "circulation permit" means an international circulation permit issued under these regulations;

the expression "period of validity" when used in relation to a circulation permit means the period commencing on the date on which such circulation permit is issued and ending on the date specified on such circulation permit as the date until which such circulation permit is to be valid;

the expression "fiscal permit" means a fiscal permit issued in accordance with Article 3 of the convention of 1931;

the expression "local taxation officer" means the selected officers of a council to whom powers or duties similar to those exercisable or performed by officers of customs and excise have been delegated by the said council;

the expression "exemption year" means

(a) in relation to a circulation permit which is issued in respect of a vehicle brought into Saorstát Eireann with a fiscal permit—the period of twelve months commencing on the date of issue of the fiscal permit and

(b) in relation to a circulation permit which is issued in respect of a vehicle brought into Saorstát Eireann without a fiscal permit—a calendar year;

"Coverer" and "covering instrument" have the meanings assigned to them by the Road Traffic (Third Party Risks) Regulations, 1933;

"The regulations of 1932" means the Road Vehicles (International Circulation) Regulations, 1932.

4 Revocation of regulations of 1932.

4.—(1) The regulations of 1932 shall be and the same are hereby revoked.

(2) Every circulation permit granted under the regulations of 1932 on a date prior to the coming into force of these regulations shall be deemed to be a circulation permit granted under these regulations on such date and these regulations, and in particular the provisions in regard to the period of validity of circulation permits, shall apply accordingly.

5 Caravans.

5. For the purposes of these regulations a caravan drawn by another vehicle shall be deemed to be part of such vehicle save that any seats fitted to such caravan shall not be taken into account in determining the number of seats fitted to such vehicle.

6 Delegation of powers and duties by Registration Authorities.

6. Any officer authorised by a registration authority is empowered to perform any duty or exercise any power of the registration authority for the purpose of carrying these regulations into effect.

PART I Foreign Vehicles and Drivers arriving in Saorstát Eireann.

7 Exemption from duty of holders of circulation permits.

7.—(1) Any person who shall obtain a circulation permit in respect of a mechanically propelled vehicle and shall otherwise comply with these regulations shall be exempt while such circulation permit is in force from the duty payable under Section 13 of the Finance Act, 1920, as amended by any subsequent enactment, in respect of that vehicle.

(2) When a circulation permit has been in force for a continuous period, exceeding two days, and the vehicle to which such circulation permit relates is taken out of Saorstát Eireann on the day immediately after such circulation permit has ceased to be in force, the exemption conferred by this article from the duty payable in respect of such vehicle shall continue in force on such day.

8 Conditions for issue of circulation permits.

8.—(1) A circulation permit may not be issued in respect of any vehicle which is intended to be used for the transport of goods or burden in the course of trade.

(2) A circulation permit may not be issued in respect of any vehicle which is intended to be used for the conveyance of passengers for reward if such vehicle is fitted with seats for more than six persons, exclusive of the driver's seat.

(3) A circulation permit may not be issued in respect of any vehicle which is registered in a country which has ratified the convention of 1931 unless a fiscal permit is in force for such vehicle.

(4) Subject to the foregoing provisions of this article a circulation permit may be issued to any person who has his only or principal place of residence outside Saorstát Eireann and who intends to make a temporary stay in Saorstát Eireann, in respect of any vehicle brought by him into Saorstát Eireann for use by him during such temporary stay.

9 Mode of application for circulation permit.

9.—(1) A person who desires to obtain a circulation permit in respect of a vehicle shall apply to a registration authority by means of an application in the form (Form A) set out in the schedule to these regulations. Every such application shall be accompanied by a duplicate notification of address in the form (Form B) set out in the said schedule.

(2) If the applicant for a circulation permit is the holder of an international certificate he shall forward such certificate with his application.

(3) Where a circulation permit is applied for in respect of a vehicle for which a fiscal permit is in force, the fiscal permit shall be forwarded with the application.

10 Form of circulation permit.

10. Circulation permits shall be in the form (Form C) set out in the schedule to these regulations.

11 Period of validity of circulation permit.

11.—(1) A circulation permit shall remain in force until the expiration of its period of validity unless it previously becomes void or is surrendered under these regulations.

(2) Where only one circulation permit is issued to a person during an exemption year and such circulation permit is issued in respect of a vehicle used wholly or partly for purposes other than pleasure purposes the period of validity of such circulation permit shall not exceed ninety days.

(3) Where only one circulation permit is issued to a person during an exemption year, and such circulation permit is issued in respect of a vehicle used solely for pleasure purposes, the period of validity of such circulation permit shall not exceed four months unless such person during the whole of such period occupies a residence in Saorstát Eireann for the purpose of hunting, shooting, fishing, or engaging in any other similar sport, in which case, the period of validity shall not exceed six months.

(4) Where more than one circulation permit is issued to the same person during an exemption year the aggregate of all the periods of validity of such circulation permits shall not exceed the maximum period of validity of any one of such permits calculated as if such circulation permit were the only circulation permit issued to such person during such year.

Provided however that if during the whole or any portion of the period of validity of such circulation permit, the circulation permit has been surrendered such period or portion of a period shall not be taken into account in determining the aggregate for the purposes of this sub-article.

12 Issue of circulation permit by registration authority.

12.—(l) The registration authority by whom an application for a circulation permit is received from any person, if they are satisfied that the applicant is a person to whom a circulation permit may be issued and that the vehicle in respect of which the application is made is a vehicle in respect of which a circulation permit may be issued shall prepare and issue to the applicant a circulation permit with the appropriate particulars entered thereon.

(2) Before issuing a circulation permit, the registration authority shall satisfy themselves that the period of validity entered thereon does not contravene the provisions of these regulations in regard to the maximum period or periods of validity for one or more circulation permits issued to any person in an exemption year.

13 Insurance against third party risks.

13. No circulation permit may be issued by a registration authority to any person in respect of a vehicle unless such person produces to the registration authority either:—

(1) a certificate of cover showing that at the commencement of the period of validity of such circulation permit there will be in force a covering instrument covering the driving of that vehicle by such person or by other persons on his order or with his consent; or

(2) such evidence as satisfies the registration authority that such person is either a coverer or an exempted person within the meaning of the Road Traffic Act, 1933 .

14 Registration Card.

14. A registration card containing such particulars relative to the vehicle in respect of which it is issued, as the Minister may from time to time direct, shall be issued to every owner of a mechanically propelled vehicle in respect of which a circulation permit is issued. The registration card shall be produced for inspection by the owner at any reasonable time upon request by a member of the Gárda Síochána.

15 Carrying circulation permit on vehicle.

15.—(1) The circulation permit shall be carried upon the vehicle in respect of which it is issued in like manner as if it were a licence issued under the Roads Act, 1920, and the Road Vehicles (Registration and Licensing) Regulations, 1921, and the provisions of sub-sections (2) and (3) of regulation 4 of those regulations and Part II of the Second Schedule thereto shall apply accordingly.

(2) A registration authority may, if they think fit, supply to the person to whom a circulation permit is issued if he so desires a holder for the permit and make a charge for it.

16 Loss, destruction or defacement of circulation permits or registration cards.

16.—(1) No person shall deface or mutilate any circulation permit or registration card or alter or obliterate any entry made therein or make any addition thereto, or make or exhibit any colourable imitation thereof.

(2) If a circulation permit or registration card issued by a registration authority under these regulations has been lost, destroyed, or accidentally defaced, the owner of the vehicle may apply to the registration authority for the issue to him of a duplicate permit or registration card, as the case may be, and the registration authority upon being satisfied as to such loss, destruction or defacement, and where the permit or registration card has been accidentally defaced, upon the surrender of the permit or registration card so defaced, shall issue a duplicate so marked on payment of a fee of five shillings, and the duplicate so issued shall have the same effect as the original permit or registration card.

17 Uses of vehicle which render circulation permit void.

17. If the vehicle in respect of which a circulation permit is issued is used while such circulation permit is in force for the transport of goods or burden in the course of trade or, in the case of a vehicle fitted with seats for more than six persons (exclusive of the driver's seat), for the conveyance of passengers for reward, such circulation permit shall thereupon become void.

18 Surrender of Circulation Permit.

18. The holder of a circulation permit may at any time before the expiration of its period of validity, surrender the circulation permit to the registration authority by whom the same was issued and thereupon such permit shall become void.

19 Destruction or transfer of vehicle to which circulation permit relates.

19. If, while a circulation permit is in force in respect of any vehicle, such vehicle is broken up or destroyed or is sold or otherwise transferred to some person not being the person to whom such circulation permit was issued such circulation permit shall thereupon become void, and the person to whom such circulation permit was issued shall forthwith inform the registration authority by whom the circulation permit was issued of such breaking up, destruction, sale or other transfer, and in the case of a sale or other transfer of the name and address of the person to whom the vehicle has been so sold or transferred, and shall at the same time surrender to the said registration authority the circulation permit and registration card issued in respect of the said vehicle; and the registration authority shall advise the Minister of the surrender of such circulation permit.

20 Removal from Saorstát Eireann of vehicle to which circulation permit relates.

20.—(1) If while a circulation permit is in force in respect of any vehicle, such vehicle is removed from Saorstát Eireann such circulation permit shall thereupon become void.

(2) Before a vehicle, in respect of which a circulation permit has been issued is removed from Saorstát Eireann while such circulation permit is in force the person to whom such circulation permit was issued shall surrender the circulation permit and the registration card issued in respect of the said vehicle to the registration authority by whom such circulation permit and card were issued.

21 Assignment of identification mark to vehicle

21.—(1) Whenever a circulation permit is issued by a registration authority, the registration authority shall assign an identification mark to the vehicle to which such circulation permit relates.

(2) The identification mark of a vehicle in respect of which a circulation permit is issued shall be—

(i) in the case of a vehicle brought into Saorstát Eireann from a country which is a party to the convention of 1926 by a person holding a valid international certificate issued in respect of such vehicle by that country, the identification mark allotted to the vehicle by that country; and

(ii) in the case of any other vehicle an index mark consisting of the letters ZZ and a registration number assigned by the registration authority issuing the circulation permit.

22 Display of identification mark.

22. (1) The identification mark assigned under these regulations to a vehicle in respect of which a circulation permit is issued shall be carried on such vehicle while such circulation permit is in force whenever such vehicle is used on a public road.

(2) Where the identification mark is one allotted to the vehicle by a foreign country, it shall not be necessary for the plates on which such identification mark is exhibited to conform with the provisions as to lettering and numbering contained in the Fourth Schedule to the Road Vehicles (Registration and Licensing) Regulations, 1921, if the said plates—

(a) exhibit the said identification mark by means only of Roman letters and figures ordinarily used in Saorstát Eireann; and

(b) conform with the law of the said foreign country.

(3) Subject to the provisions of the foregoing article the identification mark of a vehicle shall be exhibited in like manner as if it were an identification mark assigned under the Roads Act, 1920; and Articles 21 to 25 inclusive of the Road Vehicles (Registration and Licensing) Regulations, 1921, and the Fourth Schedule to the said regulations shall apply accordingly.

(4) A registration authority which assigns an identification mark to a vehicle under these regulations may, if they think fit, supply plates bearing such identification mark inscribed thereon, and make a charge for them.

23 Identification marks of destroyed, transferred or removed vehicles

23. When any vehicle in respect of which a circulation permit has been issued is broken up or destroyed or removed from Saorstát Eireann or sold or otherwise transferred from the owner to some person in Saorstát Eireann, the identification mark assigned to the vehicle under these regulations shall become void and shall not be assigned to any vehicle to be used in Saorstát Eireann.

Provided that—

(i) if the person to whom the said circulation permit is issued shall at any time within three years after the date of issue of such permit apply for another circulation permit in respect of the same vehicle the said identification mark may be again assigned to such vehicle; and

(ii) nothing herein contained shall render such identification mark invalid for the purposes of an international certificate issued in Saorstát Eireann for travelling in other countries.

24 Vehicles used after circulation permit ceases to be valid.

24.—(1) Any person to whom a circulation permit has been issued in respect of a vehicle shall before using such vehicle at any time after such circulation permit has ceased to be in force apply for and obtain a licence under the Finance Act, 1920, as amended by the Roads Act, 1920, and any subsequent enactments.

(2) For the purposes of an application under this Article the Road Vehicles (Registration and Licensing) Regulations, 1921, shall be modified as follows:—

(a) if the applicant satisfies the council within whose functional area he is temporarily residing that the vehicle is not ordinarily kept within the functional area of any council and that he has no principal place of business or permanent postal address in Saorstát Eireann, application for a licence may be made to the said council and a licence issued by them.

(b) The applicant shall, together with his declaration, forward to the council the circulation permit (unless already surrendered to the registration authority) and registration card issued to him.

(c) The amount of the excise duty payable in respect of the issue under this article of a licence under the Finance Act, 1920, as amended by any subsequent enactments shall be whichever of the following amounts is the lesser, that is to say:—

(i) The amount ordinarily payable in respect of such a licence, or

(ii) an amount equal to one-tenth of the amount which would be ordinarily payable if the period of the licence were one year for each month or part of a month in the period of the licence.

(d) The council shall advise the Minister and the registration authority by whom the circulation permit was issued of the receipt of the circulation permit and the issue of such licence by them.

(e) The identification mark to be assigned by the council shall, if the person making application in pursuance of this article so desires, be the identification mark of the vehicle under these regulations, provided that at the expiration of one year from the date upon which the vehicle was last brought into Saorstát Eireann such identification mark shall become void and the council shall upon application being made to them by the owner of the vehicle assign a new identification mark in accordance with the Road Vehicles (Registration and Licensing) Regulations, 1921.

25 Issue of driving licences to holders of international driving permits.

25.—(1) Any person resident outside Saorstát Eireann and intending to make only a temporary stay in Saorstát Eireann, who is the holder of an international driving permit issued to him outside Saorstát Eireann in pursuance of the convention of 1926 and on the model of that contained in Annex E thereto, may apply to a registration authority for a licence to drive in Saorstát Eireann any motor car of the type or types specified in such international driving permit, and with such application such person shall forward such international driving permit.

(2) The registration authority by whom an application is received from any person in accordance with the foregoing sub-article for a driving licence shall issue to such person such licence free of charge.

(3) Every licence issued under this article before the coming into operation of Part III of the Road Traffic Act, 1933 , shall be in the form (Form D) set forth in the schedule to the regulations of 1932.

(4) Every Licence issued under this article after the coming into operation of Part III of the Road Traffic Act, 1933 , shall be in the form (Form D) set forth in the schedule to these regulations.

26 Records of registration authority.

26.—(1) Every registration authority shall in such manner as the Minister shall require or approve, keep records of the issue and surrender of circulation permits, the issue of identification marks and the issue of driving licences under these regulations.

(2) A registration authority shall from time to time furnish to the Minister such extracts and copies of the records kept in pursuance of this article as the Minister may require.

PART II Vehicles Registered in Northern Ireland

27 Exemption from duty of vehicles registered in Northern Ireland

27. Any person making only a temporary stay in Saorstát Eireann for any consecutive period not exceeding four months who brings into Saorstát Eireann a mechanically propelled vehicle for which a licence under Section 13 of the Finance Act, 1920, or any amending enactment having effect in Northern Ireland is in force, and which is registered and carries an identification mark in compliance with the regulations in force in Northern Ireland, shall be exempt during the period of such temporary stay from the payment in respect of that vehicle of the duty payable under the said Section 13 or any amending enactment.

28 Exemption from registration of vehicles registered in Northern Ireland

28. During the period of such temporary stay, for the purpose of the enforcement of the provisions of the Roads Act, 1920, and of any amending enactment, and of any regulations in relation to the registration of vehicles, and the carrying by them of identification marks and incidental matters, the vehicles so brought into Saorstát Eireann shall (a) if duly registered in compliance with the regulations in force in Northern Ireland be deemed to be duly registered in compliance with the regulations in force in Saorstát Eireann, and (b) if carrying an identification mark in compliance with the regulations in force in Northern Ireland, be deemed to be carrying an identification mark in compliance with the regulations in force in Saorstat Eireann.

PART III Saorstát Eireann Vehicles and Drivers going abroad

29 Delegation of Duties by Minister.

29. Each of the following Associations, that is to say:—

(a) the Royal Irish Automobile Club, Dawson Street, Dublin;

(b) the Automobile Association, Suffolk Street, Dublin, is hereby authorised:—

(1) to perform the duties imposed on the Minister by Article 5 of the Motor Car (International Circulation) Order, 1931, and to charge, take and retain for its own use the fees mentioned in Article 6 of the said Order.

(2) To perform the duties imposed on the Minister by Article 5 of the Motor Car (International Circulation) (Amendment) Order, 1934, and to charge, take and retain for its own use the fees mentioned in Article 6 of the said Order.

SCHEDULE

FORM A

Application for International Circulation Permit

Finance Act, 1920, Section 13 (5).

Road Vehicles (International Circulation) Regulations, 1934.

I request that you will issue to me an international circulation permit to be valid from the day of to the day of in respect of the vehicle, particulars of which are set out below.

1. Description of vehicle (e.g., Motor Car, Motor Cycle, Caravan, etc.).

2. Make.

3. Chassis number.

4. Engine number.

5. Body (a) Shape

(b) Colour

(c) Number of Seats.

6. Weight unladen.

7. Letters and numbers on identification plates (if any).

I declare that I intend to make only a temporary stay in Saorstát Eireann and that the vehicle will be used for (a) ............................................................ ........................................

(b) I declare that I occupy a residence at ............................................................ ........

for the purpose of (c)............................................................ .................................................

I declare that I have held no circulation permit during the current calendar year, except as follows:—

Where issued.

Period for which valid (c).

Signature of Owner.

Name in full (in block capitals).

Postal address (if any) in Saorstát Eireann.

Home address.

Place of arrival in Saorstát Eireann.

Date of arrival in Saorstát Eireann.

NOTES.

(a) State purpose of visit.

(b) Cross out words in italics if not applicable.

(c) An additional period of validity may be granted where such a residence is occupied for hunting, shooting, fishing or other similar sport.

FORM B

Duplicate Notification of address

(To accompany application for circulation permit.)

I hereby authorise......................................................of.................................................

whom I hereby undertake to keep notified of my address during my stay in Saorstát Eireann, to disclose such address at any time on demand to any police officer or local taxation officer.

Signature of owner................................................

(The above notification must be completed in duplicate.)

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FORM D.

Motor Car (International Circulation) Order, 1931.

Road Vehicles (International Circulation) Regulations, 1934.

Licence to Person named in an International Driving Permit to Drive a Motor Vehicle.

............................................................ ......................................................(Name of driver)

of............................................................ ......................................................(home address)

is hereby licensed to drive a............................................................ ......................................

from the date of issue of this licence until ............................................................ ..................

193....... inclusive (date of expiry of international driving permit).

Date of issue............................................................ ............................................................

Signature of issuing officer............................................................ .........................................

On behalf of ............................................................ ............................................................

Signature of licensee............................................................ .................................................

NOTICE.

It is the duty of the licensee, immediately he receives this licence, to sign it in the space provided for the purpose. The licence has no effect until it has been so signed.

NOTE.—The particulars in the above form must be those appearing in the international driving permit.

Given under the Official Seal of the Minister for Local

Government and Public Health, this twenty-sixth

day of May, One Thousand Nine Hundred and

Thirty-four.

(SIGNED), SEÁN T. O'CEALLAIGH,

Minister for Local Government and Public Health.