S.I. No. 227/2003 - European Communities (Random Roadside Vehicle Inspection) Regulations 2003

I, Séamus Brennan, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purposes of giving effect to Directive No. 2000/30/EC of the European Parliament and of the Council of 6 June 2000¹ , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Random Roadside Vehicle Inspection) Regulations 2003.

2. (1) In these Regulations -

“agricultural trailer” means a trailer, the property of a person engaged in agriculture, which is designed and used primarily for work on the land and which is used on a public road only incidentally to such work;

“Annex” means an Annex to the Directive;

“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 20 per cent of the weight of the drawn vehicle is borne by the mechanically propelled vehicle;

“authorised tester” means a person or body appointed to test vehicles in accordance with the Regulations of 1991;

“certificate of roadworthiness” means a certificate issued under article 10 of the Regulations of 1991;

“combination of vehicles” means a combination of a mechanically propelled vehicle and one trailer;

“commercial vehicle” means a mechanically propelled vehicle used for the carriage of passengers with more than eight seats excluding the driver's seat, or a goods vehicle having a design gross vehicle weight exceeding 3,500 kilograms or having an unladen weight exceeding 1,524 kilograms, or a goods trailer having a design gross vehicle weight exceeding 3,500 kilograms or having an unladen weight exceeding 1,524 kilograms;

“Directive” means Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000¹ ;

“design gross vehicle weight” means the gross weight of a vehicle laden with the heaviest load which it can reasonably carry having regard to the engine, brakes, tyres and general construction of such vehicle and shall, until the contrary is shown, be taken to be its design gross weight as specified by the manufacturer or, where the design gross weight of the vehicle as specified by the manufacturer is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer;

“goods vehicle” means a mechanically propelled vehicle, or an articulated vehicle, constructed or adapted primarily for the conveyance of goods or burden of any description;

“goods trailer” means a trailer, including a semi-trailer, constructed or adapted primarily for the conveyance of goods or burden of any description, but does not include an agricultural trailer;

“inspection authority” means the Garda Síochána;

“inspection report” means the report form served on a driver under Regulation 9 consequent to the carrying out of a technical roadside inspection;

“inspector” means a member of the Garda Síochána or a person appointed under Regulation 5 as an inspector for the purposes of carrying out a technical roadside inspection under these Regulations;

“issuing authority” means the council of a county or the council of a city which exercises or performs the functions of a licensing authority under the Finance (Excise Duties) (Vehicles) Act 1952 (No. 24 of 1952);

“mechanically propelled vehicle” has the meaning assigned to it by the Road Traffic Act 1961 (No. 24 of 1961);

“Member State” means a Member State of the European Communities;

“Minister” means the Minister for Transport;

“owner”, when used in relation to a vehicle which is the subject of a hire purchase agreement or leasing agreement, means the person in possession of the vehicle under the agreement;

“pass statement” means a statement of vehicle roadworthiness given by an authorised tester under article 7(3B) (inserted by Regulation 2(e) of the European Communities (Vehicle Testing (Amendment) (No. 2) Regulations 2002 ( S.I. No. 499 of 2002 )) of the Regulations of 1991;

“public place” has the meaning assigned to it by the Road Traffic Act 1961 ;

“Regulations of 1991” means the European Communities (Vehicle Testing) Regulations 1991 ( S.I. No. 356 of 1991 );

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

“technical roadside inspection” means an inspection carried out on a commercial vehicle for the purposes of Regulation 7;

“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, but does not include a semi-trailer.

(2) A word or expression which is used in these Regulations and which is also used in the Directive, has unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.

(3) In these Regulations -

(a) a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended, and

(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

3. (1) Subject to paragraph (2), these Regulations apply to a commercial vehicle from the date of the first anniversary of first registration of the vehicle, irrespective of the country of registration.

(2) These Regulations do not apply to vehicles owned or operated by the Defence Forces or the Garda Síochána.

4. For the purposes of these Regulations and the Directive the Garda Síochána is the inspection authority in the State.

5. (1) The Minister may appoint such and so many persons as he or she thinks fit to be inspectors for the purposes of these Regulations.

(2) An inspector (who is not a member of the Garda Síochána) shall be furnished with a warrant of his or her appointment and when exercising a power conferred on him or her under these Regulations as an inspector shall, if requested by any person affected, produce the warrant to that person for inspection.

6. (1) A person driving a commercial vehicle in a public place shall -

(a) stop the vehicle, on being so required by a member of the Garda Síochána, and

(b) keep it stationary for such period, as is reasonably necessary, in order to enable a technical roadside inspection to be carried out on the vehicle.

(2) An inspector may request a driver of a commercial vehicle stopped under paragraph (1) to provide him or her with such information as is reasonably necessary for the purpose of carrying out a technical roadside inspection on the vehicle and the driver shall comply with any such request.

(3) An inspector may do all such things and make all such requirements in relation to a vehicle as are reasonably necessary for the purpose of carrying out a technical roadside inspection on the vehicle and the driver shall comply with any such requirement.

(4) For the purpose of paragraph (3) and without prejudice to the generality of that paragraph -

(a) the driver of a vehicle, if required by an inspector, shall -

(i) drive the vehicle or combination of vehicles for a reasonable time and distance,

(ii) drive the vehicle or combination of vehicles or cause the vehicle or combination of vehicles to be driven for a reasonable distance in such direction and manner and at such speed as the inspector directs, and to carry the inspector in the vehicle while it is being so driven, and

(iii) carry out or cause to be carried out such tests as the inspector considers reasonable, and

(b) an inspector may -

(i) drive the vehicle or combination of vehicles for a reasonable time and distance, or

(ii) carry out or cause to be carried out such tests as he or she considers reasonable.

(5) An inspector may be assisted by another inspector when carrying out any of the functions of an inspector under this Regulation.

(6) A person who fails to comply with paragraph (1) or (2) or a requirement under paragraph (3) or (4) is guilty of an offence.

7. (1) A technical roadside inspection shall comprise one, two or all of the following -

(a) a visual assessment of the maintenance condition of the vehicle when stationary,

(b) a check on an inspection report in respect of a recent roadside technical inspection for the vehicle, where available, or on documentation attesting to the vehicle's technical roadworthiness which, in the case of a vehicle registered or put into service in a Member State, would involve documentation showing that the vehicle had undergone a statutory roadworthiness test in accordance with Council Directive 96/96/EC of 20 December 1996² , or

(2) For the purpose of paragraph (1)(c) an inspection of the braking systems and exhaust emissions shall be carried out in accordance with the rules laid down in Annex II.

(3) A person who refuses to permit a technical roadside inspection of a vehicle in accordance with this Regulation is guilty of an offence.

8. (1) Subject to paragraph (2), a technical roadside inspection shall not be carried out on a vehicle stopped pursuant to Regulation 6 where the driver of the vehicle produces to the inspector -

(a) a certificate of roadworthiness for the vehicle or, in the case of a vehicle registered in another Member State, the equivalent certificate for the vehicle issued by the appropriate authority for that Member State and a reading of the certificate indicates that a period of 3 months has not elapsed since a roadworthiness test was carried out on the vehicle, or

(b) an inspection report form issued for the vehicle and a reading of the report form indicates that -

(i) a period of 3 months has not elapsed since a technical roadside inspection was carried out on the vehicle, and

(ii) the vehicle did not fail in respect of any item inspected as part of that technical roadside inspection nor did the result of that technical roadside inspection impose a ban on the use of the vehicle.

(2) Where an inspector observes a defect or irregularity in respect of any item listed in Annex I, point 10 in a vehicle stopped under Regulation 6, he or she may carry out a technical roadside inspection on the vehicle.

(9) Where an inspector has carried out a technical roadside inspection, he or she shall serve, or cause to be served, personally or by post, on the driver of the vehicle a report of the inspection (“inspection report”) in the form contained in Annex I or in a form to like effect. The inspector shall date the inspection report.

10. (1) Where an inspector, consequent upon a technical roadside inspection, forms the opinion that there is a defect affecting the vehicle which is such that when in use it presents a serious risk to the driver, other occupants or other road users, he or she shall instruct the driver that -

(a) at the expense of the carrier, owner, driver or person in charge of the vehicle, the defect to the vehicle be rectified,

(b) at the expense of the carrier, owner, driver or person in charge of the vehicle, he or she submit the vehicle for a roadworthiness test by an authorised tester in accordance with article 7 (2) of the Regulations of 1991,

(i) the pass statement (or certificate of roadworthiness, where the pass statement has been exchanged for a certificate of roadworthiness by an issuing authority) issued in respect of the vehicle following the carrying out of the roadworthiness test referred to in paragraph (b), and

(ii) the inspection report served in respect of the vehicle, not later than 14 days after the date of the inspection report, and

(d) the vehicle is not to be driven in a public place until the requirements of subparagraphs (a), (b) and (c) have been complied with.

(2) A person who fails to comply with a requirement of paragraph (1) is guilty of an offence.

(3) In a prosecution for a failure to comply with a requirement of paragraph (1) (c), it shall be presumed, until the contrary is shown, that the accused person received the inspection report.

11. (1) The inspection authority shall supply to the Minister or to any other person specified by the Minister, at such intervals and in such manner as the Minister may direct records and documentation of technical roadside inspections carried out under these Regulations or any other information in relation to the performance of technical roadside inspections under these Regulations, as the Minister may specify.

(2) All records and documentation in relation to a roadworthiness test for the purpose of Regulation 10 is the property of the issuing authority for the county or city concerned in which the roadworthiness test was carried out and the issuing authority may recover from an authorised tester any of the records or documentation it considers appropriate.

12. (1) A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 3 months or to both.

(2) An offence under these Regulations may be prosecuted by a member of the Garda Síochána.

GIVEN under my Official Seal,

6^th June 2003.

Séamus Brennan

Minister for Transport

Explanatory Note

(This note is not part of the instrument and does not purport to be a legal interpretation).

These Regulations transpose Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on random roadside vehicle inspections of commercial vehicles weighing over 3.5 tonnes mini-buses, other buses and coaches over 1 year old by the Garda Síochána or persons appointed by the Minister to assist the Gárdaí in carrying out inspections or to carry out inspections in their own right.

¹ OJ No. L203, 10.8.2000, p.1.

² OJ No. 1.46, 17.2.97, p.l