The Minister for the Environment in exercise of the powers conferred on him by section 5 of the Road Traffic Act, 1961 (No. 24 of 1961) and section 10 of the Road Traffic Act, 1968 (No. 25 of 1968) hereby makes the following regulations:—

1 Citation Interpretation, etc.

1. (1) These Regulations may be cited as the Road Traffic (Licensing of Trailers and Semi-Trailers) Regulations, 1982.

(2) In these Regulations—

"appropriate licensing authority" means the licensing authority to whom the application by an owner for the licensing of a vehicle is required to be made by sub-article (1) of article 4 of these Regulations;

"articulated vehicle" means the combination of a mechanically propelled vehicle and a drawn vehicle attached by partial superimposition and so constructed and attached that not less than twenty per cent of the weight of the drawn vehicle is borne by the mechanically propelled vehicle;

"authorised officer" and "licensing authority" have the meanings assigned to them by the Road Vehicles (Registration and Licensing) Order, 1958 (No. 15 of 1958);

"mechanically propelled vehicle" has the meaning assigned to it by the Road Traffic Act, 1961 (No. 24 of 1961) but does not include a pedal cycle;

"owner" in relation to a vehicle means the person by whom the vehicle is kept and the word "ownership" shall be construed accordingly;

"public place" means any street, road or other place to which the public have access with vehicles, whether as of right or by permission and whether subject to or free of charge;

"semi-trailer" means the drawn component of an articulated vehicle or a vehicle constructed or adapted for use as such drawn component;

"the Minister" means the Minister for the Environment;

"trailer" means a vehicle attached to a mechanically propelled vehicle (or to another vehicle attached to a mechanically propelled vehicle) or a vehicle constructed or adapted for the purpose of being drawn by a mechanically propelled vehicle;

"trailer mark" means the mark assigned to a vehicle in accordance with article 15 of these Regulations;

"relevant trailer register" means the record of particulars relating to the licensing of a vehicle established and maintained by a licensing authority pursuant to article 13 of these Regulations;

"vehicle" means a trailer or semi-trailer as referred to in these Regulations.

(3) ( a ) A reference to a scheduled form shall be construed as a reference to such one of the forms specified in the Third Schedule to these Regulations as is applicable to the case;

( b ) The forms specified in the Third Schedule shall be in terms approved by the Minister from time to time and shall be obtainable at the office of the licensing authority and at such other locations as may be designated by the Minister.

2 Application of Regulations.

2. (1) These Regulations shall apply to trailers and semi-trailers with a maximum permissible weight exceeding 3,500 kgs.

(2) For the purpose of sub-article (1) of this article a vehicle with an unladen weight of 1½ tons shall be deemed to be a vehicle with a maximum permissible weight exceeding 3,500 kgs.

(3) These Regulations shall not apply to vehicles belonging to or used for official purposes by the Defence Forces or by the Garda Síochána.

3 Commencement etc.

3. On and after the 1st day of June, 1982 no vehicle shall be used in a public place without being licensed in accordance with these Regulations.

4 Application for licence.

4. (1) Subject to the provisions of articles 5 and 6 of these Regulations the owner of a vehicle who desires to license such vehicle shall make application by means of a declaration in the appropriate scheduled form to the licensing authority in whose area the vehicle will be ordinarily kept, or where the vehicle will not be ordinarily kept in any one area, to the licensing authority of the area in which is situated the principal place of business or the usual place of abode of the owner.

(2) For the purpose of this article a vehicle shall be deemed to be ordinarily kept in the area of the licensing authority in which is situated the garage or other place where the vehicle is ordinarily kept.

5 Weight certificate.

5. A certificate of weight as provided for in the appropriate scheduled form shall be furnished:—

( a ) on the first licensing of a vehicle, or

( b ) where all or part of the relevant information as to weight previously furnished in relation to a particular vehicle is no longer valid due to modifications of that vehicle since the previous licensing thereof;

and such certificate shall be retained on the relevant trailer register.

6 Licence card.

6. (1) Subject to the provisions of this article, a licensing authority shall, on the first licensing of a vehicle, issue to the owner a licence in the form of a licence card containing such particulars relating to the vehicle as the Minister may from time to time direct and such licence shall attach solely to that vehicle.

(2) Where a licence card has previously been issued in respect of a vehicle, the owner licensing such vehicle shall deliver the licence card to the licensing authority who shall enter in it such particulars as the Minister may from time to time direct and return it to the owner.

(3) The licence card shall be produced for inspection by the owner at any reasonable time upon the request of a member of the Garda Síochána or any authorised officer.

(4) No person shall deface or mutilate any licence card or obliterate any entry made therein or, except as provided by articles 8 and 9 of these Regulations, make any entry in or addition to a licence card.

(5) Before the issue of a licence card to the owner of a vehicle, a licensing authority may require to be satisfied by inspection of the vehicle or production of other sufficient evidence that the vehicle in respect of which the card is to be issued accords with the relevant declaration.

(6) A licensing authority may require the owner of a vehicle to surrender to it for correction the licence card issued in respect of the vehicle in any case where there is reason to believe that the licence card contains particulars which are not correct, and upon being so required the owner of the vehicle shall surrender it to the licensing authority forthwith, who shall, after correcting the particulars, return it to the owner.

(7) Any person, other than the owner or the licensing authority, coming into possession of a licence card shall hand it over to the Garda Síochána for transmission to the last licensing authority shown on page 3 of such card.

7 Modification of vehicle.

7. If any modification affecting the licensing particulars is made to a vehicle after it has been licensed the owner shall forthwith give notice in writing of such modifications to the licensing authority with whom the vehicle is licensed and at the same time deliver to that licensing authority the licence card for amendment (in accordance with directions issued by the Minister from time to time).

8 Change of address of owner.

8. (1) Subject to the provisions of sub-article (2) of this article, on a change of address the owner shall enter particulars of his new address in the space provided in the licence card and shall forthwith deliver the card with such particulars entered in it to the licensing authority with whom the vehicle is licensed, who shall note the change of address and, subject to sub-article (2) of this article, stamp and return the licence card to the owner.

(2) If it appears to such licensing authority that the vehicle will thereafter be licensed with another licensing authority, the first mentioned licensing authority shall transfer the relevant trailer register and the licence card to the latter licensing authority, and such licensing authority shall enter in the licence card such particulars as the Minister may from time to time direct and stamp and return it to the owner.

9 Sale of vehicle.

9. (1) On the sale of a licensed vehicle, other than a vehicle which is being sent permanently out of the State, the owner transferring the vehicle shall deliver the licence card issued in respect of the vehicle to the new owner and forthwith notify in writing the change of ownership to the licensing authority whose name last appears in the licence card, stating the trailer mark of the vehicle and the name and address of the person to whom it has been transferred. Where a licence card is not so delivered it shall become void.

(2) The new owner shall insert his name and address in the relevant part of the licence card and deliver it to the appropriate licensing authority.

(3) On receipt of the licence card from the new owner the appropriate licensing authority shall forthwith, verify the details by reference to the relevant trailer register, note the relevant particulars in that register, and stamp and return the licence card to the new owner.

(4) If on receipt of a licence card, as provided for in sub-article (2) of this article, the licensing authority whose name last appears in the licence card is not the appropriate licensing authority, the appropriate licensing authority shall arrange forthwith to have transferred to them the relevant trailer register and thereafter comply with the requirements of sub-article (3) of this article.

10 Acquisition of vehicle.

10. Where a person acquires a licensed vehicle in circumstances to which article 9 does not apply he shall insert his name and address in the relevant part of the licence card and deliver it forthwith to the appropriate licensing authority who shall have regard in such case to the provisions of sub-articles (3) and (4) of article 9 and the person acquiring the vehicle shall at the same time notify the appropriate licensing authority of the particular circumstances regarding his ownership of the vehicle and these details shall be recorded in the relevant trailer register.

11 Destruction or permanent export of vehicle.

11. Where a vehicle is scrapped or destroyed or where a vehicle is sent permanently out of the State, the owner shall notify the licensing authority with whom the vehicle is registered and shall deliver to them the licence card issued in respect of the vehicle.

12 Issue of replacement licence card.

12. (1) Where a licence card issued by a licensing authority under these Regulations has been lost, destroyed, mutilated, discoloured or defaced or the figures or particulars thereon have become illegible, or where on the transfer of ownership of a vehicle the licence card issued in respect of that vehicle has not been delivered, the owner of the vehicle shall, in accordance with the provisions of sub-article (2) of this article, apply to the licensing authority with whom the vehicle is licensed for the issue to him of a replacement licence card and the licensing authority upon being satisfied as to such loss, destruction, mutilation, discolouration, defacement or illegibility or non-delivery and upon the receipt of the licence card (if available) shall, subject to the provisions of sub-articles (3), (4) and (5) of this article, issue a replacement licence card marked as a replacement on payment of the relevant amount specified in the Second Schedule to these Regulations and the replacement card so issued shall have the same effect as the original licence card.

(2) Any application for a replacement licence card shall be accompanied by the original licence card (if available) and by a declaration on the appropriate scheduled form signed by the applicant and verified by a member of the Garda Síochána from the applicant's local station.

(3) A licensing authority shall note the details of an application in the relevant trailer register before the issue of a replacement to an applicant.

(4) Where the licensing authority are satisfied in the case of a licence card that a person is unable to comply with the provisions of articles 8, 9 or 10 by reason of the insufficiency of space in the relevant portion of the licence card, the replacement licence card shall be issued free of charge.

(5) If at any time after the issue of a replacement licence card the owner of the vehicle becomes aware that the relevant original licence card has been found he shall take all reasonable steps to obtain possession of such original and shall deliver it to the licensing authority by whom the replacement licence card was issued.

13 Trailer register.

13. (1) Every licensing authority shall on the first licensing of a vehicle, establish, and thereafter maintain in such form as the Minister may direct a trailer register in respect of such vehicle.

(2) Where a relevant trailer register has been transferred in accordance with these Regulations the appropriate licensing authority shall thereupon maintain that register.

14 Registered owner.

14. The registered owner of a vehicle shall be the person whose name is most recently entered in the relevant trailer register maintained under article 13 of these Regulations.

15 Assignment of trailer marks.

15. On the first licensing of a vehicle the appropriate licensing authority shall assign to it a trailer mark consisting of an index mark allotted to the licensing authority by the Minister followed by a number and that trailer mark shall particulars by licensing thereafter attach to the vehicle until the same is scrapped, destroyed or sent permanently out of the State.

16 Exhibition of trailer marks.

16. On and after the 1st day of June, 1982 no vehicle shall be used in a public place without having the trailer mark:—

( a ) punched on the off side of the chassis of the vehicle in an accessible position so that every letter and figure of the mark is easily distinguishable,

and

( b ) also exhibited in an accessible position on a plate securely attached to the near side of the chassis with the numbering and lettering thereon three inches high coloured black on a white background.

17 Supply of licensing particulars by licensing authority.

17. (1) A licensing authority shall, upon application, supply free of charge to any other licensing authority, or to a member of the Garda Síochána, or to any collector of Customs and Excise, or (with the consent of the Minister) to any Department of State full particulars of any vehicle licensed with them.

(2) A licensing authority shall, upon application, supply such particulars of any vehicle licensed with that licensing authority as are available in the relevant trailer register upon payment of the relevant amount specified in the Second Schedule to these Regulations.

18 Issue of certificates by licensing authority.

18. (1) A licensing authority may issue certificates—

( a ) that a specified person was on a specified day the holder of a licence under these Regulations in respect of a specified vehicle, or

( b ) that on a specified day a licence under these Regulations was in force in respect of a specified vehicle.

(2) A certificate under sub-article (1) may be issued by an authorised officer of the licensing authority.

19 Penal regulations.

19. The provisions of these Regulations set out in the First Schedule to these Regulations shall be penal regulations.

20 Period of licence.

20. (1) A licence shall be issued for a period of twelve months.

(2) Notwithstanding the provisions of sub-article (1) of this article, where a vehicle is first licensed within the period commencing on the date these Regulations come into operation and ending on the 31st day of May, 1982 such licence shall continue in force and be valid and effective from the date of issue until the 31st day of May, 1983.

21 Licensing fees.

21. The fees payable to a licensing authority in respect of the first and subsequent licensing of a vehicle shall be as specified in the Second Schedule to these Regulations.

22 Disposal of fees etc.

22. Any amounts paid to a licensing authority under the provisions of these Regulations shall be paid into and disposed of for the benefit of the Exchequer.

FIRST SCHEDULE.

Penal Regulations.

Articles Articles 3, paragraph (b) of article 5, sub-articles (3), (4), (6) and (7) of article 6, 7, sub-article (1) of article 8, sub-articles (1) and (2) of article 9, 10, 11, sub-articles (1) and (5) of articles 12 and 16.

SECOND SCHEDULE.

Certain Charges.

Articles Sub-article (1) of article 12:—charge for replacement licence card— £2.

Sub-article (2) of article 17:—charge for supply of particulars of any vehicle licensed with a licensing authority— £2.

Article 21:—fee for first licensing— £20.

fee for subsequent licensing— £10.

THIRD SCHEDULE.

Forms prescribed for purposes of these Regulations.

Form T. F. 1—Declaration, application for a licence for a vehicle.

Form T. F. 1A—Declaration, application for renewal of a licence for a vehicle.

Form T. F. 2—Declaration, notification of transfer of vehicle ownership.

Form T. F. 3—Declaration, application for a replacement licence card.

Form T. F. 4—Certificate, weight identification for vehicle.

GIVEN under the Official Seal of the Minister for the Environment this 3rd day of March, 1982.

PETER BARRY,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations provide for a system of annual licensing of trailers and semi-trailers with a maximum permissible weight exceeding 3,500 kgs (in effect vehicles of 1½ tons unladen weight and over).

The Regulations provide that on and after 1st June, 1982, trailers and semi-trailers must not be used in a public place without being licensed in the prescribed manner.

The Regulations set out the procedure to be followed on the licensing of these vehicles, the appropriate charges and ancillary matters.