S.I. No. 254/1985 - Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations, 1985.

S.I. No. 254 of 1985.

ROAD TRAFFIC (LICENSING OF DRIVERS) (AMENDMENT) (NO. 2) REGULATIONS, 1985.

The Minister for the Environment in exercise of the powers conferred on him by sections 5 , 35 and 42 of the Road Traffic Act, 1961 (No. 24 of 1961) hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations, 1985.

(2) These Regulations and the Road Traffic (Licensing of Drivers) Regulations, 1964 to 1985 shall be construed as one and the expression the Road Traffic (Licensing of Drivers) Regulations, 1964 to 1985 shall include these Regulations.

(3) In these Regulations—

"the Principal Regulations" means the Road Traffic (Licensing of Drivers) Regulations, 1964 ( S.I. No. 29 of 1964 );

"the Regulations of 1966" means the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1966 ( S.I. No. 47 of 1966 );

"the Regulations of 1981" means the Road Traffic (Licensing of Drivers) (Amendment) Regulations, 1981 ( S.I. No. 198 of 1981 ).

2. These Regulations shall come into operation on the 12th day of August, 1985.

3. The following sub-article is hereby substituted for sub-article (5) of article 19 of the Principal Regulations:—

"(5) ( a ) In this sub-article "qualified prson" means a person who holds a driving licence licensing him to drive the vehicle which the holder of the provisional licence is licensed to drive.

( b ) Subject to paragraph (c) of this sub-article, a provisional licence shall, on coming into effect,licence the holder to drive vehicles of any class for which the licence is granted on any occasion, other than while such a vehicle is in use for the carriage of passengers for reward, during the period specified in the licence provided that the following conditions are complied with—

(i) a person provisionally licensed to drive vehicles of Class A, Class B or Class G shall not carry a passenger in or on such a vehicle unless the vehicle is constructed or adapted to carry a passenger and such passenger is a qualified person,

(ii) a person provisionally licensed to drive vehicles of Class C, Class D, Class F or Class H shall not drive such a vehicle unless there are displayed on the vehicle rectangular plates or signs bearing the letter "L" not less than fifteen centimetres high in red on a white ground, in clearly visible vertical positions to the front and rear of the vehicle,

(iii) a person provisionally licensed to drive vehicles of Class D or Class H shall not drive such a vehicle unless he is accompanied by and is under the supervision of a qualified person,

(iv) a person to whom a provisional licence to drive vehicles of Class C is granted for the first time on or after the 12th day of August, 1985 shall not drive such a vehicle unless he is accompanied by and is under the supervision of a qualified person other than during the period of validity of a second such provisional licence granted to him,

(v) a person to whom a provisional licence to drive vehicles of Class F is granted for the first time on or after the 12th day of August, 1985 shall not drive such a vehicle unless he is accompanied by and is under the supervision of a qualified person other than during the period of validity of a second such provisional licence granted to him,

(vi) a person provisionally licensed to drive vehicles of Class C, Class D or Class F shall not drive such a vehicle while the vehicle is drawing a trailer.

( c ) (i) Paragraph ( b ) of this sub-article shall not apply while the holder of the licence is driving a vehicle of a class in respect of which he holds a valid certificate of competency, or, where that certificate contains a statement that in relation to a class of vehicle it is limited to a specified type of vehicle, while he is driving a vehicle of that type,

(ii) paragraphs (b) (ii) and (b) (iv) of this sub-article shall not apply in respect of a pedestrian controlled vehicle,

(iii) paragraph (b) (v) of this sub-article shall not apply in respect of a vehicle of Class F which is neither constructed nor adapted to carry a passenger."

4. The following article is hereby substituted for article 21 of the Principal Regulations:—

"21. (1) Subject to sub-articles (2) and (3) of this article, a person shall not apply for a provisional licence to drive vehicles of a class where, within the period of two years preceding the commencement day, he has held two provisional licences in respect of vehicles of that class (other than a provisional licence which has been surrendered pursuant to sub-article (7A) of article 22 of the Principal Regulations (as inserted by article 7 of the Regulations of 1966)) unless he makes an application for a certificate of competency to drive vehicles of that class and produces evidence of that application to the licensing authority.

(2) A person who, prior to the 12th day of August, 1985, did not hold a provisional licence to drive a vehicle of Class C but subsequent to that date has held two provisional licences in respect of vehicles of that class (other than a provisional licence which has been surrendered pursuant to sub-article (7A) of article 22 of the Principal Regulations (as inserted by article 7 of the Regulations of 1966) shall not apply for a third such provisional licence unless he has made an application for a certificate of competency to drive vehicles of that class and produces evidence of that application to the licensing authority.

(3) A person who, prior to the 12th day of August, 1985, did not hold a provisional licence to drive a vehicle of Class F but subsequent to that date has held two provisional licences in respect of vehicles of that class (other than a provisional licence which has been surrendered pursuant to sub-article (7A) of article 22 of the Principal Regulations (as inserted by article 7 of the Regulations of 1966) shall not apply for a third such provisional licence unless he has made an application for a certificate of competency to drive vehicles of that class and produces evidence of that application to the licensing authority.

(4) A person shall not apply for a provisional licence in respect of vehicles of Class E."

5. The following article is hereby substituted for article 23 of the Principal Regulations:—number

"23. (1) Where an application for a provisional licence is duly made to a licensing authority, the authority shall complete an authorised form in the form set out in Part IV of the First Schedule to these Regulations by entering thereon the name of the applicant, the address at which the applicant ordinarily resides and the other particulars indicated on that form and shall affix that form to one of the appropriate pages in a book in the form set out in Part III of the said schedule.

(2) Where an application for a provisional licence to drive vehicles of Class C is duly made to a licensing authority and the applicant has not held a provisional licence to drive a vehicle of that class prior to the 12th day of August, 1985, the licensing authority shall impress in red ink on the authorised form set out in Part IV of the First Schedule to these Regulations the number "1" where the licence granted to the applicant for that class of vehicle is the first such provisional licence granted to him, the number "2" where the licence granted is the second such provisional licence granted to him and the number "3" in the case of any subsequent such licence granted to him.

(3) Where an application for a provisional licence to drive vehicles of Class F is duly made to a licensing authority and the applicant has not held a provisional licence to drive a vehicle of that class prior to the 12th day of August, 1985, the licensing authority shall impress in red ink on the authorised form set out in Part IV of the First Schedule to these Regulations the number "1" where the licence granted to the applicant for that class of vehicle is the first such provisional licence granted to him, the nmumber "2" where the licence granted is the second such provisional licence granted to him and the number "3" in the case of any subsequent such licence granted to him."

6. Article 29 of the Principal Regulations (as substituted by article 9 of the Regulations of 1981) is hereby amended by the deletion of paragraph (a) (ii) of sub-article (1).

7. The following shall be substituted for page 2 of the form of provisional licence set out in Part III of the First Schedule to the Principal Regulations:—

Page 2

CONDITIONS TO BE COMPLETED WITH BY HOLDER OF A PROVISIONAL LICENCE.

1. The holder shall not carry a passenger for reward in or on any vehicle driven by him.

2. "L" plates must be displayed at all times on vehicles of Class C, D, F or H while being driven by the holder of a provisional licence for any such class.

3. The holder of a provisional licence for vehicles of Class A, B or G shall not carry a passenger in or on any such vehicle while it is being driven by him unless the vehicle is constructed or adapted to carry a passenger and such passenger is a "qualified person".*

4. The holder of a provisional licence for vehicles of Class C, D. F or H shall not drive any such vehicle unless he is accompanied by and is under the supervision of a "qualified person"* except where:—

*NOTES.

(a) The above conditions do not apply if the holder has a certificate of competency valid for the class of vehicle being driven by him, or if the said certificate is limited to a specified type of vehicle within a class, while the holder is driving a vehicle of that type.

(b) Conditions 2 and 4 do not apply in respect of pedestrian controlled vehicles.

(c) Conditions 4 does not apply in respect of a vehicle of Class F which is neither constructed nor adapted to carry a passenger.

(d) "Qualified person" means a person who holds a driving licence licensing him to drive the vehicle which the holder of the provisional licence is licensed to drive.

(e) The term "trailer" does not include the drawn component of an articulated vehicle."

( a ) a provisional licence for Class C was granted to him before the 12th day of August, 1985 and the vehicle is a vehicle of Class C, or

( b ) a provisional licence for Class F was granted to him before the 12th day of August, 1985 and the vehicle is a vehicle of Class F, or

( c ) the licence is the second provisional licence granted to him for Class C and the vehicle is a vehicle of Class C, or

( d ) the licence is the second provisional licence granted to him for Class F and the vehicle is a vehicle of Class F.

5. The holder of a provisional licence for vehicles of Class C, D or F shall not drive a vehicle of any such class while the vehicle is drawing a trailer.*

*NOTES.

(b) Conditions 2 and 4 do not apply in respect of pedestrian controlled vehicles.

(c) Conditions 4 does not apply in respect of a vehicle of Class F which is neither constructed nor adapted to carry a passenger.

(d) "Qualified person" means a person who holds a driving licence licensing him to drive the vehicle which the holder of the provisional licence is licensed to drive.

(e) The term "trailer" does not include the drawn component of an articulated vehicle."

GIVEN under the Official Seal of the Minister for the Environment

this 6th day of August, 1985.

LIAM KAVANAGH,

Minister for the Environment.

EXPLANATORY NOTE.

These regulations amend the Road Traffic (Licensing of Drivers) Regulations, 1964 to 1985 so as to provide:—

(1) that a person who is granted a provisional licence to drive vehicles of Class C or Class F for the first time on or after the 12th day of August, 1985

— must when driving any such vehicle be accompanied by and be under the supervision of a qualified person except during the period of validity of the second provisional licence granted to him for the relevant class of vehicle,

— must apply for a certificate of competency (driving test) before a third provisional licence may be granted to him;

(2) that a vehicle of Class C or Class F must display "L" plates at all times while being driven by the holder of a provisional licence for these classes of vehicles;

(3) for the revocation of the discretion allowed to licensing authorities in relation to the grant of certain additional provisional licences when a driving test has not been applied for;

(4) for the revocation of the provision under which certain provisional licence holders could obtain a driving licence without passing a driving test;

(5) for certain other consequential and minor changes.