S.I. No. 94/1955 - Mechanically Propelled Vehicles (International Circulation) Order, 1955.

S.I. No. 94 of 1955.

MECHANICALLY PROPELLED VEHICLES (INTERNATIONAL CIRCULATION) ORDER, 1955.

The Minister for Local Government in exercise of the powers conferred on him by section 38 of the Local Government Act, 1955 (No. 9 of 1955) and by subsection (8) of section I of the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952) hereby orders as follows :

1. This Order may be cited as the Mechanically Propelled Vehicles (International Circulation) Order, 1955.

2. This Order shall come into operation on the 28th day of May, 1955.

3. In this Order—

" the Minister " means the Minister for Local Government ;

" the Corporation of Dublin " means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin ;

" the convention of 1926 " means the international convention relating to motor traffic concluded at Paris on the 24th day of April, 1926 ;

" the convention of 1949 " means the international convention on road traffic concluded at Geneva on the 19th day of September, 1949 ;

" the Act of 1933 " means the Road Traffic Act, 1933 (No. 11 of 1933) ;

" visiting driver " means a person resident outside the State who is making a temporary stay in the State ;

" international driving permit " means a valid and properly completed international driving permit issued to a person under the convention of 1926 or the convention of 1949 by the competent authority of the state in which the person resides or by an association duly empowered by such authority to issue such permit ;

" driving permit " means—

(a) a valid and properly completed driving permit or driving licence (not being a provisional driving permit or driving licence issued to a person to enable him to learn to drive) issued to a person by the competent authority of the state in which the person resides or by an association duly empowered by such authority to issue the permit or licence, or

(b) an international driving permit.

4. Notwithstanding anything contained in the Motor Car (International Circulation) Order, 1931 (S.R. and O. 1931 No. 67), the Motor Car (International Circulation) (Amendment) Order, 1934 (S.R. and O. 1934 No. 116) and the Road Vehicles (International Circulation) Regulations, 1934 (S.R. and O. 1934 No. 119), a visiting driver shall, subject to the provisions of this Order, be deemed to hold a driving licence granted to him under Part III of the Act of 1933 as long as he is the holder for the time being of a driving permit and is not disqualified for holding a driving licence to drive a vehicle of the class or classes in respect of which the driving permit is valid.

5. Part III of the Act of 1933 modified as follows shall apply to a driving permit in like manner as it applies to a driving licence :—

(a) Sections 24, 25, 26, 27, 28, 35 and 42 and subsection (6) of section 39 shall not apply to a driving permit ;

(b) notwithstanding subsection (2) of section 23, a visiting driver may hold at the same time a driving permit or licence issued by his own state and an international driving permit ;

(c) a driving permit shall operate to licence the holder to drive a vehicle of the class or classes specified thereon in respect of which it is valid and no other vehicle ;

(d) whenever a visiting driver who holds at the same time a driving permit or licence issued by his own state and an international driving permit is disqualified for holding a driving permit, both documents shall be suspended under subsection (1) of section 33, and any endorsement authorised under this article shall be made on both documents ;

(e) when a driving permit suspended under section 33 is delivered under subsection (3) of that section to the district court clerk of the district in which the disqualification is made, it shall be sent by him to the Corporation of Dublin, where—

(i) it shall be retained until it expires or until the period of suspension expires or until the visiting driver leaves the State whichever is the earlier, and

(ii) an endorsement shall be made on the part thereof reserved for endorsement or, if there is no such part, on the back thereof, to the effect that the right to use it in the State has been withdrawn for the period specified in the disqualification order ;

(f) for the purposes of section 37 of the Act, an endorsement authorised to be made on a driving permit under this article shall be deemed to be an endorsement made on a driving licence under Part III of the Act.

6. The Road Traffic (Driving Licence) Regulations, 1934 (S.R. and O. 1934 No. 151) except articles 4 to 11 shall apply to a driving permit in like manner as they apply to a driving licence.

7. A person making only a temporary stay in the State for any consecutive period not exceeding four months who brings into the State a mechanically propelled vehicle which is for the time being licensed in Great Britain under section 1 of the Vehicles (Excise) Act, 1949, or any enactment amending the same and which—

(a) is not intended to be used and is not used in the State for the carriage of passengers for reward or for the transport of goods or burden in the course of trade or business, and

(b) is registered and carries an identification mark in compliance with the regulations in force in Great Britain, and

(c) carries an international distinguishing mark or sign in accordance with the provisions of either the convention of 1926 or the convention of 1949, consisting of the distinctive letters assigned to Great Britain under the said conventions,

shall be exempt during the period of such temporary stay from payment in respect of the duty payable under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 , or any amending enactment.

8. A vehicle exempted from duty under article 7 of this Order shall, during the period of such temporary stay, for the purpose of the enforcement of the Roads Act, 1920, and of any enactment amending the same, and of any regulations in relation to the registration of vehicles, and the carrying by them of identification marks—

(a) if duly registered in compliance with the regulations in force in Great Britain, be deemed to be duly registered in compliance with the regulations in force in the State,

(b) if carrying an identification mark in compliance with the regulations in force in Great Britain, be deemed to be carrying an identification mark in compliance with the regulations in force in the State.

GIVEN under the Official Seal of the Minister for Local Government this twenty-fourth day of May, One Thousand Nine Hundred and Fifty-five.

PATRICK O'DONNELL,

Minister for Local Government.