Road Traffic Act, 1961

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Regulations under Part III.

42.—(1) The Minister may make regulations for the purpose of giving effect to this Part of this Act.

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

(a) the classification for the purposes of this Part of this Act of mechanically propelled vehicles;

(b) the form of driving licences and provisional licences;

(c) the form and manner of application for a driving licence or a provisional licence, the particulars to be embodied in the application and the documents to be furnished therewith;

(d) the surrender of driving licences;

(e) the securing that driving licences are not issued to persons already holding driving licences;

(f) the issue by licensing authorities of duplicate driving licences in place of driving licences lost, destroyed, or mutilated, the fees to be paid in respect of such issue and the disposition of such fees;

(g) the communication of particulars of driving licences granted by licensing authorities to other licensing authorities;

(h) the making available for the use of members of the Garda Síochána and other persons of information in the possession of licensing authorities with respect to persons disqualified for holding driving licences and persons whose driving licences have been endorsed under this Part of this Act or whose licences under Part III of the repealed Act have been endorsed under that Part;

(i) the fees to be paid in respect of the grant of provisional licences and the disposition of such fees, the period during which a provisional licence is to remain in force, the conditions to attach to a provisional licence and failure to comply with which shall render the licence void and the application in relation to provisional licences of any provisions of this Part of this Act or any regulations thereunder;

(j) the issue of driving licences by officers of any Minister of State as agents of the licensing authorities.

(3) Regulations under this section in relation to sections 33 and 34 of this Act may, in particular and without prejudice to the generality of subsection (1) of this section, make provision for all or any of the following matters:

(a) the classes of persons who are required to produce a certificate of competency or fitness when applying for a driving licence;

(b) voluntary submission to tests as to competency and knowledge of the Rules of the Road;

(c) the making of applications for certificates;

(d) the period which must elapse before a person who has failed to secure a certificate is eligible to apply again for a certificate;

(e) the fees to be paid on applications for certificates and their disposition;

(f) the persons by whom the issuing authority under section 33 of this Act may cause tests to be carried out;

(g) the persons by whom further tests directed under subsection (6) of section 33 of this Act are to be carried out;

(h) the nature of and manner of holding tests;

(i) the form of reports by registered medical practitioners under section 34 of this Act;

(j) the form and manner of issue of certificates and the period of their validity;

(k) the keeping of records by specified persons;

(l) the acceptance of certificates under sections 81 and 82 of the repealed Act for the purposes of this Act;

(m) the delegation by issuing authorities to specified persons of the functions of such authorities under subsection (4) of section 33 of this Act;

(n) the delegation by issuing authorities to specified persons of the functions of such authorities under subsection (4) of section 34 of this Act.

(4) Regulations under this section in relation to disqualifications and endorsements under this Act may, in particular and without prejudice to the generality of subsection (1) of this section, make provision for all or any of the following matters:

(a) the production of driving licences in court;

(b) the effecting of endorsements ordered under section 36 of this Act;

(c) the transmission of driving licences by the court to licensing authorities to be retained by them until they have expired or the disqualification ends (whichever is the shorter period);

(d) the notification to licensing authorities of the making, confirming, annulling, varying or removal of a consequential, ancillary or special disqualification order or the making, confirming or annulling of endorsements ordered under section 36 of this Act.

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

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