S.I. No. 705/2004 - Road Traffic (Licensing of Drivers) (Amendment) Regulations 2004

STATUTORY INSTRUMENTS.

S.I. No. 705 of 2004 .

ROAD TRAFFIC (LICENSING OF DRIVERS) (AMENDMENT) REGULATIONS 2004

S.I. No. 705 of 2004 .

ROAD TRAFFIC (LICENSING OF DRIVERS) (AMENDMENT) REGULATIONS 2004

I, MARTIN CULLEN, Minister for Transport, in exercise of the powers conferred on me by sections 5, 31, 34, 35, and 42 of the Road Traffic Act 1961 (No. 24 of 1961) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Public Enterprise (Alteration of Name of Department and Title of Minister) Order 2002 ( S.I. No. 305 of 2002 )), and for the purpose of giving further effect to Commission Directive 2000/56/EC of 14 September 2000¹ , hereby make the following regulations:

1.  (1)  These Regulations may be cited as the Road Traffic (Licensing of Drivers) (Amendment) Regulations 2004.

(2)  These Regulations (other than Regulation 3(p)) come into operation on 15 November 2004. Regulation 3(p) comes into operation on 14 February 2005.

2.  In these Regulations “Principal Regulations” means the Road Traffic (Licensing of Drivers) Regulations 1999 ( S.I. No. 352 of 1999 ).

3.  The Principal Regulations are amended—

(a)  in article 3(1), by inserting after the definition of “recognised ophthalmic optician” the following:

“ ‘recording equipment’ has the meaning assigned to it in the European Communities (Road Transport) (Recording Equipment) Regulations 1986 ( S.I. No. 393 of 1986 );

‘registered medical practitioner’ means a person whose name is entered in the General Register of Medical Practitioners;”,

(b)  In article 5, by substituting for the Table to that article the following:

“TABLE

(c)  in article 14, by substituting for sub-article (1) the following:

“(1)  (a) A driving licence shall be in a scheduled form D402:

(b) In driving licence form D402.

(i) ‘issued on’ means the day the licence comes into force;

(ii) ‘from’ means the date on which the licensee first held a driving licence in the category concerned;

(iii) ‘to’ means the date on which the driving licence concerned expires.”,

(d)  in article 15, by substituting for sub-article (2) the following:

“(2) An application by the holder of a driving licence for a driving licence shall not be made more than 3 months before the date of expiry of the driving licence held by the applicant except where the applicant is applying for a driving licence in respect of vehicles of a category which the applicant is not then licensed to drive.”,

(e)  by substituting for article 17 (inserted by article 3 of the Road Traffic (Licensing of Drivers) (Amendment) Regulations 1999 ( S.I. No. 366 of 1999 )) the following:

“17. A person granted a provisional licence for the first time on or after 15 November 1999 to drive vehicles in category A, shall, during the validity of all provisional licences and subsequently until a period of having held a valid licence in the category for 2 years, be restricted to driving only those vehicles in the said category which have a power output not exceeding 25 kW or a power/weight ratio not exceeding 0.16kW/kg, or in the case of vehicles in the said category with sidecars, with a power/weight ratio not exceeding 0.16kW/kg.”,

(f)  in article 20, by substituting for sub-article (1) the following:

“(1)  (a) A provisional licence shall be in a scheduled form D202.

(b) In provisional licence form D202:

(i)   “issued on” means the day the licence comes into force;

(ii)   “from” means the date on which the licensee first held a provisional licence in the category concerned;

(iii)  “to” means the date on which the driving licence concerned expires.”,

(g)  in article 23, by substituting for sub-article (2) the following:

“(2) An application by the holder of a provisional licence for a provisional licence shall not be made more than 3 months before the date of expiry of the provisional licence held by him or her except where he or she is applying for a provisional licence in respect of vehicles of a category which he or she is not then licensed to drive.”,

(h)  in article 29(2), by substituting for paragraph (b) the following:

“(b)  can carry out satisfactorily on a road all or any of the operations specified in Schedule 4 to these Regulations, as appropriate,”,

(i)  in article 29, by deleting sub-article (3),

(j)  in article 42(1), by substituting for paragraphs (e) and (f) the following:

“(e)  the application is an application for a provisional licence for category C1, C, D1, D, EC1, EC, ED1 or ED unless the licensing authority are satisfied that a medical report for the category previously submitted by the applicant is still valid.

(f)  the application is—

(i)  an application for a driving licence for category C1, C, D1, D, EC1, EC, ED1 or ED unless the licensing authority is satisfied that the applicant has previously submitted a medical report within the preceding 5 years in connection with a provisional licence application in respect of the said category and the application is in respect of a first driving licence in the category, and that such report is still valid, or

(ii) an application for the renewal of a driving licence for category C1, C, D1, D, EC1, EC, ED1 or ED.”.

(g)  A medical report submitted to a licensing authority in respect of a vehicle category set out in column (1) of the following Table shall be regarded as a medical report in respect of the category or any of the categories set out in column (2) of the said Table opposite the mention in column 1 of that category—

TABLE

(k)  in Article 42 by deleting sub-article (3),

(l)  by substituting for article 58 the following:

“58. (1) A certificate of competency shall denote the appropriate code or codes set out in column (1) of the following Table to indicate that the recipient of the certificate shall, on taking out a driving licence, be subject to driving vehicles with the restriction or restrictions set out in column (2) of that Table opposite the code in column (1).

TABLE

(2) A licensing authority shall—

(i)   denote on a driving licence the code or codes denoted on a certificate of competency as referred to in sub-article (1) of this article, and

(ii)   denote on a driving licence or a provisional licence the appropriate code or codes set out in column (1) of the following Table to indicate the additional information or restrictions applicable to the licence or to the licence holder set out in column (2) of that Table.

TABLE

(iii)  denote on a driving licence or a provisional licence the code 20 instead of code 25 where prior to 5 July 2004 code 25 was denoted on the licence, provisional licence or certificate of competency.

(iv)  denote on a driving licence or a provisional licence the code 25 instead of code 20 where prior to 5 July 2004 code 20 was denoted on the licence, provisional licence or certificate of competency.

(3) (a) Subject to paragraph (b) of this sub-article, a licensing authority shall when granting a driving licence, denote on the licence the code 70 referred to in column (1) of the Table to sub-article (2) of this article, in any case where the application for the licence is accompanied by a recognised driving licence.

(b) The code 70 referred to in paragraph (a) of this sub-article shall be followed by the appropriate country code set out in column (1) of the Table to this paragraph, to indicate the country of origin of the recognised driving licence, as set out in column (2) of that Table submitted with the driving licence application.

TABLE

(4) A person who has code 15 on a driving licence in respect of category B may drive an automatic vehicle in licence category B without the vehicle having a modified clutch.”,

(m)  by substituting for Schedule 4 the following:

“SCHEDULE 4

Driving operations to be carried out during the practical driving test.

(1) Skills and behaviour to be tested concerning categories A and A1:

(a) Preparation and technical check of the vehicle with a bearing on road safety. Applicants must demonstrate that they are capable of preparing to ride safely by satisfying the following requirements:

(i)  Adjusting the protective outfit, such as gloves, boots, clothes and safety helmet;

(ii)  Performing a random check on the condition of the tyres, brakes, steering, emergency stop switch (if applicable), chain, oil levels, lights, reflectors, direction indicators and audible warning device;

(iii)  Putting the motorcycle on and off its stand and moving it, without the aid of the engine, by walking alongside the vehicle;

(iv)  Parking the motorcycle;

(b) Behaviour in traffic. Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:

(i)   Riding away: after parking, after a stop in traffic; exiting a driveway;

(ii)   Riding on straight roads: passing oncoming vehicles, including in confined spaces;

(iii)  Riding round bends;

(iv)  Approaching and crossing of intersections and junctions;

(v)   Changing direction, left and right turns, changing lanes;

(vi)  Approach/exit of motorways or similar (if available), joining from the acceleration lane, leaving on the deceleration lane;

(vii) Overtaking/passing, overtaking other traffic (if possible), riding alongside obstacles, e.g. parked cars, being overtaken by other traffic (if appropriate);

(viii) Riding at the following (if available): roundabouts, railway level crossings, tram/bus stops, pedestrian crossings, riding up/downhill on long slopes;

(ix)  Taking the necessary precautions when getting off the vehicle.

(2)  Skills and behaviour to be tested concerning categories B, and EB.

(a)  Preparation and technical check of the vehicle with a bearing on road safety. Applicants must demonstrate that they are capable of preparing to drive safely by satisfying the following requirements:

(i)   Adjusting the seat as necessary to obtain a correct seated position;

(ii)   Adjusting rear-view mirrors, seat belts and head restraints if available;

(iii)  Checking that the doors are closed;

(iv)  Performing a random check on the condition of the tyres, steering, brakes, fluids (e.g. engine oil, coolant, washer fluid), lights, reflectors, direction indicators and audible warning device;

(v)   Checking the safety factors relating to vehicle loading: body, sheets, cargo doors, cabin locking, way of loading, securing load (category EB only);

(vi)  Checking the coupling mechanism and the brake and electrical connections (category EB only);

(b)  Special manoeuvres with a bearing on road safety. A selection of the following manoeuvres shall be tested (including one in reverse gear):

(i)   Reversing in a straight line or reversing right or left round a corner while keeping within the correct traffic lane;

(ii)   Turning the vehicle to face the opposite way, using forward and reverse gears;

(iii)  Parking the vehicle and leaving a parking space (parallel, oblique or rightangle, forwards or in reverse, on the flat, uphill or downhill);

(iv)  Braking accurately to a stop;

(v)  Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line) (category EB only);

(vi)  Reversing along a curve, (category EB only);

(vii) Parking safely for loading/unloading (category EB only);

(c)  Test candidates must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:

(i)   Driving away: after parking, after a stop in traffic; exiting a driveway;

(ii)  Driving on straight roads; passing oncoming vehicles, including in confined spaces;

(iii)  Driving round bends;

(iv)  Approaching and crossing of intersections and junctions;

(v)  Changing direction: left and right turns; changing lanes;

(vi)  Approach/exit of motorways or similar (if available): joining from the acceleration leaving on the deceleration lane;

(vii) Overtaking/passing: overtaking other traffic (if possible); driving alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate);

(viii) Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; driving up/downhill on long slopes;

(ix)  Taking the necessary precautions when alighting from the vehicle.

(3)  Skills and behaviour to be tested concerning categories C, EC, C1, EC1, D, ED, D1 and ED1.

(a)  Preparation and technical check of the vehicle with a bearing on road safety. Applicants must demonstrate that they are capable of preparing to drive safely by satisfying the following requirements:

(i)   Adjusting the seat as necessary to obtain a correct seated position;

(ii)  Adjusting rear-view mirrors, seat belts and head restraints if available;

(iii)  Random checks on the condition of the tyres, steering, brakes, lights, reflectors, direction indicators and audible warning device;

(iv)  Checking the power-assisted braking and steering systems, checking the condition of the wheels, wheel nuts, mudguards, windscreen, windows and wipers, fluids (e.g. engine oil, coolant, washer fluid);

(v)  Checking and using the instrument panel including the recording equipment.

(vi)  Overtaking/passing: overtaking other traffic (if possible); riding alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate);

(vii) Checking the air pressure, air tanks and the suspension;

(viii) Checking the safety factors relating to vehicle loading: body, sheets, cargo doors, loading mechanism (if available), cabin locking (if available), way of loading, securing load (categories C, EC, C1, EC1 only);

(ix)  Checking the coupling mechanism and the brake and electrical connections (categories EC, C1, ED, ED1 only);

(x)  Being capable of taking special vehicle safety measures; controlling the body, service doors, emergency exits, first aid equipment, fire extinguishers and other safety equipment (categories D, ED, D1, ED1 only);

(b)  Special manoeuvres with a bearing on road safety. A selection of the following manoeuvres shall be tested (including one in reverse gear):

(i)   Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (categories EC, EC1, ED, ED1 only);

(ii)  Reversing along a curve,

(iii) Parking safely for loading/unloading at a loading ramp/platform or similar installation (categories C, EC, C1, EC1 only);

(iv) Parking to let passengers on or off the bus safely (categories D, ED, D1, ED1 only).

(v)  Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line) (category EB only);

(c)  Test candidates must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:

(i)   Driving away: after parking, after a stop in traffic; exiting a driveway;

(ii)   Driving on straight roads; passing oncoming vehicles, including in confined spaces;

(iii)  Driving round bends;

(iv)  Approaching and crossing of intersections and junctions;

(v)  Changing direction: left and right turns; changing lanes;

(vi)  Approach/exit of motorways or similar (if available), joining from the acceleration lane leaving on the deceleration lane;

(vii) Overtaking/passing: overtaking other traffic (if possible); driving alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate);”.

(n)  in Schedule 6, Part 1, paragraph 4 by substituting for subparagraph (a) the following

“(a)   the person shall have a binocular vision with a visual acuity (with corrective lenses where necessary) of at least 0.8 in the better eye and at least 0.5 in the worse eye. If corrective lenses are used to attain the values of 0.8 and 0.5, the uncorrected acuity in each eye must read 0.05, or else the minimum acuity (0.8 and 0.5) must be achieved either by correction by means of glasses with a power not exceeding plus or minus 8 dioptres, or with the aid of contact lenses. The correction must be well tolerated.”,

(o) in Schedule 6, Part 2, paragraph 6, by substituting for subparagraph (2) the following:

“(2) In the case of an applicant for a licence to drive a vehicle of any category who suffers, or has suffered in the past, from epilepsy, fitness to drive—

(a)  may be certified for a limited period in relation to vehicles of category A1, A, B, EB, M or W, where the applicant—

(i)   has not suffered any epileptic attack during the 12 month period preceding the date of medical examination,

(ii)   has only had nocturnal seizures over a period of 2 years preceding the date of medical examination, and certification is by a consultant neurologist,

(iii) has only had a single provoked seizure and such seizure was prior to the 6 month period preceding the date of medical examination, and certification is by a consultant neurologist, or

(iv) has only had simple partial seizures where awareness is fully maintained at all times, and certification is by a consultant neurologist and

(b)  shall not be certified in relation to vehicles of category C1, C, D1, D, EC1, EC, ED1 or ED.”.

(p)  by substituting for Schedule 7 the following:

“SCHEDULE 7

Minimum vehicle requirements for the purposes of the practical driving test where the test vehicle was first registered on or after 1 January 2004.

Minimum vehicle requirements for the purposes of the practical driving test where the test vehicle was first registered prior to 1 January 2004.

EXPLANATORY NOTE.

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

•   These Regulations give effect to Commission Directive 2000/56/EC² , amending Council Directive 91/439/EEC¹ on driving licences.

•   The Regulations also otherwise amend the Road Traffic (Licensing of Drivers) Regulations, 1999-2001 principally as regards

—  a definition is being provided of some wording on a provisional licence or driving licence,

—  the period prior to expiry of a provisional licence or a driving licence within which application can be made to renew the licence is being increased from 1 to 3 months,

—  the requirements relating to submission of a medical report in relation to an application for a licence are being amended so that the particular licence categories which are the subject of the application are referred to in the medical report where submission of such a report is required.

—  the grounds on which persons with epilepsy may be certified as being medically fit to drive are being expanded.

¹OH L237, 21.09.2000, p.45.

²OJ No. L237, 21.9.2000 p.45.

¹OJ No. L237, 24.8.1991 p.1.