S.I. No. 567/2009 - Road Traffic (National Car Test) Regulations 2009

Foilsíodh fgra san “Iris Oifigiúil” an 8ú lá de Eanair, 2010, á rá go ndearnadh an Ionstraim Reachtúil seo.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by section 18 of the Road Traffic Act 1961 (No. 24 of 1961) and section 2 of the Road Traffic Act 2006 (No. 23 of 2006) 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 purposes of giving effect to Council Directive 96/96/EC of 20 December 1996 1 , Commission Directive 2003/27/EC of 3 April 2003 2 and Directive 2009/40 of the European Parliament and of the Council of 6 May 2009 3 hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the Road Traffic (National Car Test) Regulations 2009.

(2) These Regulations come into operation on 4 January 2010.

Definitions

2. (1) In these Regulations—

“Act of 2006” means the Road Safety Authority Act 2006 (No. 14 of 2006);

“advisory fail” means, in relation to a vehicle, it is strongly recommended that the fault be repaired but a failed test will not result because of this fault alone;

“anniversary of first registration” means a date that is one or more years after the date on which a vehicle was first registered;

“application for a SPSV licence” means an application to the Commission for Taxi Regulation for—

(a) the grant of a SPSV licence,

(b) the renewal of a SPSV licence, or

(c) the continuance in force of a SPSV licence in respect of a different vehicle than that in respect of which the SPSV licence had originally been issued;

“authorised person” means a person authorised by the Minister or the Road Safety Authority to be an authorised person under Regulation 14;

“biennial” means a date that is one or more periods of two years after a test due date;

“driver” means the person in charge of a vehicle when it is in a public place;

“e-mail” means electronic mail;

“first registration” means the date on which a vehicle was first registered, irrespective of country of registration, or where only the year of first registration is known, that year, in combination with the day and month of first registration in the State and “first registered” is to be read accordingly;

“issuing authority” means the Road Safety Authority or such person with whom the Road Safety Authority may have entered into an agreement under section 5 of the Road Safety Authority Act 2006 (No. 14 of 2006) in connection with causing tests to be carried out and the issue of test certificates;

“new small public service vehicle” means a small public service vehicle which on the date of the application for a SPSV licence in respect of the vehicle—

(a) was less than 90 days old when calculated from the date of first registration, and

(b) has travelled less than 3,000 km;

“online application service” means the online application service that is available for the purposes of applying for a test on such website that is being operated by the issuing authority from time to time;

“owner” means—

(a) in relation to a vehicle (other than a vehicle referred to in paragraph (b)), the person by whom the vehicle is normally kept, and

(b) in relation to a vehicle which is the subject of a hire-purchase agreement or a lease, the person in possession of the vehicle under the agreement or lease;

“registration” means registration of a vehicle under section 131(1) of the Finance Act 1992 (No. 9 of 1992) or the corresponding legislation in another jurisdiction and “registered” is to be read accordingly;

“required identification” means, in relation to any person submitting a vehicle for testing in accordance with these Regulations, a driving licence or passport, for the time being in force, held by the person or such other photographic identification in respect of the person that the issuing authority may require, from time to time;

“re-test” means a subsequent test carried out on a vehicle under these Regulations, subsequent to the refusal of a test certificate in respect of that vehicle, where—

(a) the application for the re-test is made not more than 21 days after the day on which the test certificate was refused, and

(b) the test is carried out on a day which is not more than 30 days after the day on which a test certificate in respect of the vehicle was refused;

“ section 18 ” means section 18 of the Road Traffic Act 1961 (No. 24 of 1961);

“SPSV licence” means a small public service vehicle licence granted or renewed by the Commission for Taxi Regulation in respect of a vehicle;

“test” means a test of a vehicle carried out in accordance with these Regulations;

“test centre” means a premises in which the issuing authority carries out tests on vehicles in accordance with these Regulations;

“test certificate” means a certificate in the form set out in Schedule 1;

“test due date” means the date by which a vehicle should be presented for a test;

“test equipment” means the equipment used by the issuing authority to carry out tests;

“vehicle” means a mechanically propelled vehicle having at least 4 wheels, used for the carriage of passengers and which has a maximum of 8 seats excluding the drivers seat.

Application

3. (1) Section 18 and these Regulations apply to a vehicle, other than a small public service vehicle or a vehicle mentioned in paragraph (4)—

(a) from the fourth anniversary of first registration of the vehicle, or

(b) where the vehicle was first registered—

(i) before 1 January 1992, from the anniversary of first registration of the vehicle which occurred in the year 2000,

(ii) between 1 January 1992 and 31 December 1996, from the anniversary of first registration of the vehicle which occurred in the year 2001, or

(iii) between 1 January 1997 and 31 December 1998, from the anniversary of first registration of the vehicle which occurred in the year 2002.

(2) The test due dates for a vehicle mentioned in paragraph (1) are:

(a) from the commencement of these Regulations until 31 May 2011, the anniversary dates mentioned in paragraph (1) and each subsequent biennial of those dates, and

(b) from 1 June 2011, the anniversary dates mentioned in paragraph (1) and—

(i) from the tenth anniversary of first registration of the vehicle, each subsequent anniversary of those dates, and

(ii) in any other case, each subsequent biennial of those dates.

(3) Section 18 and these Regulations apply to—

(a) a small public service vehicle, other than a new small public service vehicle, from the date of the application for a SPSV licence in respect of the vehicle,

(b) a new small public service vehicle, on the anniversary of the issue of its SPSV licence.

(4) The test due date for a vehicle mentioned in paragraph (3) is the date or anniversary date, as the case may be, mentioned in that paragraph and each subsequent anniversary of those dates.

(5) This Regulation does not apply to a vehicle—

(a) first registered prior to 1 January 1980,

(b) which is used solely on an off-shore island,

(d) which is owned or operated by the Garda Síochána or the Defence Forces.

Application for test certificate

4. (1) An application for a test certificate in respect of a vehicle may be made to the issuing authority in person, by writing, by facsimile, by telephone, by e-mail or through the online application service.

(2) Notwithstanding paragraph (1), an application for a test certificate is deemed to have been made under these Regulations whenever the owner, or the owners agent, accepts with or without amendment, in person, in writing, by facsimile, by telephone, by e-mail, through the online application service or by such other means of electronic communication that may be provided by the issuing authority, an unsolicited offer of an appointment made by the issuing authority in writing to carry out a test on a specified vehicle.

Conditions in respect of applications

5. Where an application is made for a test, the issuing authority may refuse to carry out the test or a re-test—

(a) on a vehicle in respect of which prior application for an appointment for the test or re-test had not been made,

(b) where the appropriate fee under Regulation 6 has not been paid in respect of a test certificate,

(c) where the owner or the driver of the vehicle to be tested fails to produce the vehicle registration book, vehicle registration certificate or vehicle licensing certificate in respect of the vehicle at the time of test or re-test,

(d) where the vehicle identification number of the vehicle to be tested as shown on the vehicle registration book, vehicle registration certificate or vehicle licensing certificate, whichever is produced, is not the same as that on the vehicle,

(e) where the issuing authority considers that the vehicle to be tested is in such a condition that it would not be safe or practicable to carry out the test or re-test, or

(f) where the person who presents the vehicle to be tested fails to produce the required identification.

Fees

6. (1) Subject to paragraphs (2) and (3), the fee to be paid for a test certificate shall be—

(a) €41.32 in the case of a test certificate issued following a test of a vehicle, and

(b) €23.14 in the case of a test certificate issued following a re-test of a vehicle.

(2) A test certificate issued following re-test of a vehicle that—

(a) does not require the use of test equipment, or

(b) requires the use of test equipment for the purposes of carrying out an inspection of tyres only,

is not subject to the fee referred to in paragraph (1)(b).

(3) Subject to paragraph (5), in any case where an appointment for a test or re-test has been confirmed to the issuing authority and the vehicle is not presented for the test or re-test at the appointed time and place, the issuing authority may require payment of a fee for the issue of a test certificate being the aggregate of—

(a) the relevant amount specified in paragraph (1), and

(b) in respect of an appointment for—

(i) a test, €18.18 for each occasion on which the vehicle was not presented for the test at the appointed time and place for the issue of a test certificate, or

(ii) a re-test, €9.50 for each occasion on which the vehicle was not presented for a re-test at the appointed time and place (other than in circumstances referred to in paragraph (2)) for the issue of a test certificate.

(4) Paragraph (3) does not apply in any case where the owner or the owner’s agent gives notice at least 5 working days before the day of the appointment in person, in writing, by telephone by facsimile or by e-mail to the issuing authority, of intention not to present the vehicle for a test or a re-test, as the case may be, at the appointed time and place.

(5) The fees prescribed in this Regulation are exclusive of value added tax.

Testing of vehicles

7. (1) Tests shall be carried out by persons employed by the issuing authority for that purpose.

(2) Subject to paragraph (4), in carrying out a test on a vehicle—

(a) the items to be tested, at any time, are the items specified in Schedule 3 to be tested at such time, and

(b) the reasons for refusal of a test certificate shall be any one or more of the reasons mentioned in Schedule 3 in respect of the items to be tested.

(3) Subject to paragraph (4), in carrying out a re-test on a vehicle only those reasons in respect of items which gave rise to the refusal of the test certificate shall be tested.

(4) Where in the course of a test or a re-test, the issuing authority forms the opinion that a defect, notwithstanding that it is not specified as a reason for refusal mentioned in Schedule 3 or, in the case of a re-test was not specified in the test report, is such that the use of the vehicle in question would be a danger to the public, that defect shall be a reason for the refusal of a test certificate.

Test report

8. (1) Upon completion of a test or a re-test of a vehicle, the issuing authority shall issue a test report in respect of the test.

(2) The test report shall contain all of the information mentioned in the form set out in—

(a) Part 1 of Schedule 2, in respect of a vehicle having a compression ignition engine, and

(b) Part 2 of Schedule 2, in respect of a vehicle having a spark ignition engine.

(3) Where any reason for a refusal of a test certificate is found during a test or a re-test of a vehicle, the reason shall be set out in the test report relating to the vehicle.

Fail dangerous

9. Where upon completion of a test the issuing authority considers that the vehicle tested if driven would be a danger to the public, the issuing authority shall affix to the vehicle a notice to that effect and containing the words “fail dangerous”.

Test certificate

10. (1) Subject to paragraph (2), following a test, the issuing authority shall issue a test certificate for the vehicle tested, where the test report relating to the vehicle shows that all the items specified in Schedule 3 applicable at the time of testing and tested in respect of the vehicle are satisfactory.

(2) A test certificate issued in respect of a small public service vehicle shall be endorsed with the letters “SPSV”.

(3) The issuing authority shall refuse to issue a test certificate for a vehicle where—

(a) the test report relating to the vehicle contains one or more reasons for the refusal of a test certificate in respect of the items mentioned in Schedule 3, or

(b) the vehicle has not been tested or re-tested, as the case may be, in accordance with these Regulations.

(4) Where the issuing authority issues a test certificate in respect of a vehicle, it shall deliver it and the test report, as soon as practicable, to the person who presented the vehicle for the test.

(5) Where the issuing authority refuses to issue a test certificate in respect of a vehicle, it shall as soon as practicable deliver the test report relating to the vehicle to the person who presented the vehicle for the test.

(6) The issuing authority may revoke a test certificate where it has reasonable grounds for believing that such certificate was not issued in accordance with these Regulations.

Validity of test certificate

11. (1) Subject to paragraph (2), a test certificate ceases to be in force on that test due date which occurs after the certificate to which it relates was issued.

(2) A test certificate which is issued—

(a) not more than 180 days before the first test due date, or

(b) not more than 90 days before a test due date other than the first test due date,

continues in force until the subsequent test due date.

New test on foot of appeal

12. Where, in the case of an appeal under section 18(8)(c)(ii), a judge of the District Court directs a new test of the vehicle, the new test shall be carried out—

(a) within 30 days of such direction,

(b) by a person employed by the issuing authority, other than the person by whom the test which gave rise to the refusal of a test certificate was carried out, and

Duplicate test certificate

13. (1) Subject to paragraph (2), the issuing authority may, on application from the owner of a vehicle which it has tested, issue a duplicate test certificate and test disc or a duplicate of the test report in respect of such vehicle to the owner.

(2) The application for either a duplicate test certificate and test disc or for a duplicate test report shall be made in writing to the issuing authority and shall—

(a) include such information relating to the original test certificate or original test report as the issuing authority may require, and

(b) be made only by the owner of the vehicle to which the test certificate or test report relates.

(3) A duplicate test certificate and a test disc shall be so marked on both the test certificate and test disc.

(4) The fee to be paid for a duplicate test certificate and test-disc shall be €12.60.

Authorised persons

14. (1) The Minister or the Road Safety Authority may authorise persons to be authorised persons for the purposes of this Regulation.

(2) At any reasonable time, an authorised person may inspect premises, equipment, vehicles, records, personnel and systems and any other matters in connection with the carrying out of tests under these Regulations for the purpose of making a report to the Minister or the Road Safety Authority.

(3) For the purpose of preparing a report for the Minister or the Road Safety Authority an authorised person may copy any record held in any form whatsoever by the issuing authority.

Revocations

15. The following are revoked:

(a) the Road Traffic (National Car Test) Regulations 2003 ( S.I. No. 405 of 2003 );

(b) the Road Traffic (National Car Test) (Amendment) Regulations 2008 ( S.I. No. 588 of 2008 ); and

Continuance of test certificates issued under revoked Regulations

16. A test certificate issued under the Regulations revoked under Regulation 15 and in force immediately before the commencement of these Regulations continues in force after such commencement as if issued under these Regulations.

Regulation 2

SCHEDULE 1

Form of test certificate and test disc

NCT CERTIFICATE TEASTAS NCT

It is hereby certified that the vehicle described in this Certificate was tested on in accordance with the Road Traffic (National Car Test) Regulations 2009 ( S.I. No. 567 of 2009 ) and all items tested in respect of the vehicle are satisfactory.

Deimhnítear leis seo gur tástáladh an fheithicil a chuirtear síos uirthi sa Teastas seo ar an de réir na Rialachán um Thrácht ar Bhithre (An Trialacháin Náisiúnta Ghluaisteán) (I.R. Uimh. 567 de 2009) agus go bhfuil na hítimí mile a tástáladh i leith na feithicle sásúil.

Registration Number:Year of Manufacture:

Uimhir Chláraithe:Bliain a Dhéanta:

Date of First Registration:

Dáta a Chéadchláraíodh:

Make:Model:Colour:

Déanamh:Cineál:Dath:

Odometer Reading:

Léamh Odaiméadair:

Vehicle Type:

Saghas Feithicle:

This Certificate expires on:

Rachaidh an Teastas seo in éag ar:

The NCT Disc on the right is required by law to be displayed on the inside of your vehicle windscreen.

Ni mr, de réir dlí, an Diosca NCT ar dheis a thaispeáint ar an taobh istigh de ghaothscáth dfheithicle.

This Certificate should be kept in a safe place. It must be presented as proof that you have complied with the Road Traffic (National Car Test) Regulations and when you apply for a new motor tax disc.

Ba chir an Teastas seo a choinneáil in áit shábháilte. Ni mr é a thaispeáint agus tú ag iarraidh diosca nua mtarchánach. Fianaise is ea é gur chloígh tú leis na Rialacháin um Thrácht ar Bhithre (An Trialachláin Náisiúnta Ghluaisteán).

This Certificate relates only to the condition of testable items at the time of test. This Certificate should not be regarded as a warranty, express or implied under common law or at all.

Nil aon léargas sa Teastas seo ach ar staid éarrat intástála ag am a dtástála. Ná tuigtear qur Barántas atá ann, bíodh sin sainráite n intuigthe faoi bhun reachtaíochta n an dlí choitinn n in aon chor.

Regulation 8(2)(a)

SCHEDULE 2

Part 1

Form of test report (compression ignition engine)

/images/en.si.2009.0567.0001.jpg

Regulation 10(3)(b)

Part 2

Form of test report (spark ignition engine)

/images/en.si.2009.0567.0002.jpg

Regulations 7 and 10

SCHEDULE 3

General

1. Subject to paragraph 2, all items are to be tested at any time.

2. If a ‘Start date’ is specified in relation to a particular item, then such item shall be tested in all tests carried out on and subsequent to such “Start date”.

Item No.	Start date (if any)
10 Reason 11	1 Apr 2010
37 Reason 7	1 Apr 2010
54 Reason 5	1 Apr 2010
58	1 Apr 2010
59	1 Apr 2010
60	1 Apr 2010
61	1 Apr 2010

Items to be tested and reasons for refusal of a test certificate

Item 1: registration plates

Reasons for refusal:

(1) one or both plates missing, insecure or not clearly visible.

(2) numbers or letters missing, illegible or incorrect size.

(3) numbers, letters or background of incorrect colour.

(4) marks, other than those prescribed, on the plate within the boundary.

Item 2: emissions: exhaust smoke (compression ignition engine)

Reasons for refusal:

(1) The result of the test on exhaust smoke emission is not in accordance with the standard for exhaust smoke emission as specified by the manufacturer of the vehicle, or

(2) in the case of vehicles—

(a) first registered on or after 1 January 1980, the average smoke meter reading is higher than 2.5m -1 in the case of naturally aspirated compression ignition engines, or the average smoke meter reading is higher than 3.0m -1 in the case of turbo charged compression ignition engines,

(b) first registered before 1 January 1980, the exhaust emission is coloured black haze or darker,

(d) where the maximum attainable engine speed is less than 90% of the maximum speed specified by the manufacturer of the vehicle,

(e) emission control system is leaking, incomplete or incorrectly assembled,

(f) engine idle speed is incorrect.

Item 3: exhaust

Reasons for refusal:

(1) the emission control system is leaking, incomplete or incorrectly assembled.

(2) idle speed is outside vehicle manufacturers recommendations.

(3) engine exhaust system is leaking.

(4) excess exhaust smoke likely to affect other road users

Item 3: emissions: carbon monoxide

Reasons for refusal:

(1) The result of the test on carbon monoxide emissions is not in accordance with the standard for carbon monoxide emissions as specified by the manufacturer of the vehicle, or

(2) in the case of vehicles first registered—

(a) before 1 October 1986, the carbon monoxide content is more than 4.5% at idling speed,

(b) between 1 October 1986 and 31 December 1993 (inclusive of both dates), the carbon monoxide content is more than 3.5% at idling speed,

(d) on or after 1 January 1994, the carbon monoxide content is more than 0.3% at either an engine speed of 2,500 rpm or at a speed specified by the vehicle manufacturer,

(e) after 1 July 2002, the carbon monoxide content of the exhaust gases is more than 0.3% by volume at idle speed, or

(f) after 1 July 2002, the carbon monoxide content of the exhaust gases is more than 0.2% by volume at either an engine speed of 2,500 rpm or at a speed specified by the vehicle manufacturer.

Item 3: emissions: hydrocarbon (HC)

Reasons for refusal:

(1) the result of the test on hydrocarbon emissions is not in accordance with the standard for hydrocarbon emissions as specified by the manufacturer of the vehicle, or

(2) in the case of vehicles first registered before 1 October 1986, the hydrocarbon content is more than 1,000ppm at idling speed.

(3) in the case of vehicles first registered between 1 October 1986 and 31 December 1993 (inclusive of both dates), the hydrocarbon content is more than 750ppm at idling speed.

(4) in the case of vehicles first registered on or after 1 January 1994, the hydrocarbon content is more than 200ppm at either 2,500 RPM or at the speed specified by the vehicle manufacturer.

Item 3: emissions: lambda

Reason for refusal:

in the case of vehicles first registered on or after 1 January 1994, the lambda value at either 2,500 rpm or at the speed specified by the manufacturer is not 1+/- 0.03 or is not within the vehicle manufacturer’s recommendation.

Item 4: service brake pedal

Reasons for refusal:

(1) service brake anti-slip provision is missing, loose, or worn to the extent that it is no longer effective.

(2) mounting is insecure, badly corroded or worn to the extent that the pedal can be moved from side to side.

(3) pedal travel is obstructed.

(4) excessive wear in mounting/bush.

Item 5: service brake operation

Reasons for refusal:

(1) in hydraulic systems, the pedal tends to creep down, or is felt to be spongy when held depressed.

(2) travel in the brake pedal indicates air in the brake system or brakes in need of adjustment.

(3) in systems assisted by vacuum from engine, with pedal depressed and the engine started, no dip is felt in brake pedal.

Item 6: mechanical brake hand lever

Reasons for refusal:

(1) lever/lever mounting is missing, fractured, badly worn or corroded, insecure or mounting unsatisfactory.

(2) lever travel is excessive or movement is obstructed.

(3) ratchet and pawl mechanism (where fitted) is missing, insecure, damaged or sticking.

(4) definite and regular clicks are not heard when operating hand lever.

Item 7: seats

Reasons for refusal:

(1) loose on runners or insecurely mounted.

(2) collapsed or framework damaged.

(3) drivers seat so damaged that drivers support is impaired.

Item 8: horn

Reasons for refusal:

(1) horn control is insecure.

(2) horn is insecurely mounted.

(3) horn is not working correctly.

(4) horn is not working or is not fitted.

Item 9: windscreen wipers and washers

Reasons for refusal:

(1) a wiper arm or blade is missing.

(2) wiper arms and blades are not cleaning windscreen effectively.

(3) wiper arms and blades are operating such that the wiped area is less than sufficient to give the driver an adequate view.

(4) wipers are not operating at normal speed.

(5) wiper control insecurely mounted.

(6) wiper control is not working, is defective or missing.

(7) wiper linkage is broken, excessively worn or insecure.

(8) windscreen washers (where fitted) are not working or not correctly aimed.

Item 10: glass

Reasons for refusal:

(1) windscreen missing.

(2) windscreen is not marked as safety glass.

(3) in a vehicle registered on or after 1 January 1986, windscreen is not marked with approved Standard Mark or equivalent as set out in the National Car Test (NCT) Manual.

(4) objects or stickers on windscreen are in the driver’s direct line of vision.

(5) windscreen is damaged beyond acceptable limits by reference to the National Car Test (NCT) Manual.

(6) glass side and rear windows not marked as safety glass (if first registered after 1 July 1964).

(7) windscreen or windows insecure.

(8) opening mechanism of drivers window not operating.

(9) non-glass windscreens, side or rear windows made of material that, if fractured is likely to produce fragments capable of causing severe cuts to a person.

(10) side or rear window so damaged that it obstructs the driver’s view.

(11) glass in windscreen and front side windows has a light transmission level of less than 65%.

Item 11: rear view mirror(s)

Reasons for refusal:

(1) interior rear view mirror, or where fitted as original equipment by the manufacturer, an external rear view mirror is missing.

(2) reflecting surface of interior mirror, or where fitted as original equipment by the manufacturer, external rear view mirror is deteriorated or is broken so as to impair driver’s view.

(3) head or mounting of any mirror is loose.

(4) interior rear view mirror, or where fitted as original equipment by the manufacturer, external rear view mirror is not adjustable.

(5) estate or hatch back vehicle not fitted with an exterior mirror on each side of the vehicle, except in the case of vehicles not fitted with these mirrors by the manufacturer.

Item 12: speedometer

Reasons for refusal:

(1) speedometer is missing or is not working.

(2) speedometer cannot be seen from the drivers seat.

(3) speedometer lighting is not working.

Item 13: safety belts

Reasons for refusal:

(1) for vehicles registered on or after the 1 June 1971, a lap and diagonal type safety belt is not provided for the driver and outer front seat.

(2) for vehicles registered on or after 1 January 1992:

(a) a lap and diagonal type belt is not provided for all outer forward facing seats.

(b) a lap and diagonal or lap type safety belt is not provided for all other forward facing seats.

(3) any belt, including any for a child seat attached to the vehicle, is badly frayed, cut or repaired.

(4) any belt, including any for a child seat attached to the vehicle, is not operating properly.

(5) any load bearing member of the vehicle structure or panelling within 30 cm of a safety belt anchorage point is cracked, corroded or in an otherwise weakened condition.

(6) any belt mounting is unsatisfactory (e.g. incorrect bolts fitted).

Item 14: steering wheel play

Reasons for refusal:

(1) excessive rotational play (20° or more) is present in the steering box.

(2) excessive rotational play (5° or more) is present in the rack and pinion.

(3) steering wheel/column/shaft has excessive end float, or is insecure or broken.

(4) any bush/bearings/mounting brackets for steering wheel/column/shaft is missing, worn, damaged or insecure.

(5) shear pin in telescopic column is broken.

(6) any universal joint/clamp is damaged, worn, insecure or badly deteriorated.

(7) any retaining or locking device is missing or insecure.

Item 15: doors/locks/anti-theft devices

Reasons for refusal:

(1) a door is missing.

(2) a door cannot be opened or shut normally or is likely to open on its own.

(3) a door receiver or catch insecure.

(4) runners, tracks or an actuating mechanism on sliding door is so defective that the door does not open or close properly.

(5) a sliding door missing.

(6) any safety device is not working or is defective.

(7) steering lock, where fitted as original equipment by manufacturer, has excessive wear or is subject to jamming of the lock/barrel/key mechanism.

Item 16: adaptations for disabled drivers

Reasons for refusal:

(1) any adaptation is worn, insecure, sticking, fouling or likely to fail.

(2) a servo or electrical device is defective.

(3) wiring is insecure, insulation is damaged or is likely to short circuit or fail.

Item 17: front wheel side slip

Reason for refusal:

(1) side slip is more than +/- 14m/km.

Item 18: rear wheel side slip

Reason for refusal:

(1) side slip is more than +/- 18m/km.

Item 19: front axle suspension performance

Reason for refusal:

(1) an imbalance of more than 30% performance exists between left hand and right suspension.

Item 20:rear axle suspension performance

Reason for refusal:

(1) an imbalance of more than 30% performance exists between left hand and right suspension.

Item 21: service brake performance

Reasons for refusal:

(1) the braking effort of the vehicle is less than 55% of the test weight of the vehicle.

(2) the brake cannot be operated progressively.

(3) the brake shows abnormal lag when released.

(4) the brake effort on any wheel is less than 25 kilogrammes force (kgf).

Item 22: service brake imbalance

Reasons for refusal:

(1) more than 30% difference is present in braking effort between wheels on the same axle (i.e. the braking effort on one side should not be less than 70% of the braking effort on the other side).

(2) On an individual wheel brake effort fluctuates by more than 30%.

(3) where a road test is carried out, obvious pull to one side is present when brakes are applied.

(4) where a road test is carried out, perceptible ovality is present in the service brake.

Item 23: parking brake performance

Reasons for refusal:

(1) in the case of a vehicle with a single line braking system and first registered before 1 July 1964, the braking effort is less than 20% of the test weight of the vehicle.

(2) in the case of a vehicle with a single line braking system and first registered on or after 1 July 1964, the braking effort is less than 27.5% of the test weight of the vehicle.

(3) in a vehicle with a dual line braking system, the braking effort is less than 16% of the test weight of the vehicle.

Item 24: parking brake imbalance

Reason for refusal:

(1) more than 50% difference is present in braking power between wheels on the same axle.

Item 25: towing bracket/coupling

Reasons for refusal:

(1) fastening bolts are loose or missing; securing device on the vehicle drawing pin/ball/jaw is loose or missing.

(2) a lock or blocking device is missing.

(3) cracks are present in the main parts of the coupling.

(4) ball, jaw or pin is excessively worn, deformed or damaged.

Item 26: stop lamps

Reasons for refusal:

(1) any lamp is missing or not clearly visible.

(2) any lamp is not working or faulty.

(3) any lamp is not brighter than tail lights.

(4) any lamp is not red in colour.

(5) all lamps are not of same dimensions and intensity.

(6) any lamp is insecurely mounted.

(7) any lens missing or broken.

(8) contains water/moisture.

Item 27: rear lamps

Reasons for refusal:

(1) any rear lamp is missing or not clearly visible.

(2) any rear lamp is not working or faulty.

(3) any rear lamp is not red in colour.

(4) any rear lamp lens is broken or missing.

(5) rear lamps not of the same dimensions and intensity.

(6) any rear lamp is insecurely mounted.

(7) rear lamps are not fitted symmetrically.

(8) contains water/moisture.

Item 28: indicators/tell tales

Reasons for refusal:

(1) any indicator is missing or is not clearly visible.

(2) any indicator is not working or is faulty.

(3) any indicator is not flashing constantly between 60 and 120 flashes per minute (flashing type).

(4) any indicator is insecurely mounted.

(5) a lens is broken or is missing.

(6) contains water or moisture.

(7) a lens is not amber in colour in the case of a vehicle first registered after 30 June 1964.

(8) all front indicators are not amber or white in colour in case of a vehicle first registered before 1 July 1964.

(9) all rear indicators are not amber or red in colour in case of a vehicle first registered before 1 July 1964.

(10) where only one indicator is fitted per side:

(a) it is not amber in colour, or

(b) in the case of a semaphore type only, it does not extend six inches beyond the outline of the vehicle.

(11) indicator switch is faulty.

(12) tell tale is missing.

(13) tell tale is not working or is faulty.

Item 29: side lamps

Reasons for refusal:

(1) a lamp is missing or is not clearly visible.

(2) lens is broken or missing.

(3) not working or faulty.

(4) lamps are not white in colour.

(5) lamps are not fitted symmetrically.

(6) lamps are not of the same dimensions and intensity.

(7) a lamp is insecurely mounted.

(8) contains water/moisture.

Item 30: headlamp condition

Reasons for refusal:

(1) dipped beams are not working simultaneously.

(2) main beams are not working simultaneously.

(3) main or dipped beams not working.

(4) light intensity is not acceptable.

(5) glass is badly cracked or missing.

(6) reflecting material is damaged/discoloured.

(7) a headlamp is missing.

(8) a headlamp is insecurely mounted.

(9) a headlamp contains water/moisture.

(10) the dip or headlamp switch is insecurely mounted or missing.

(11) the dip or headlamp switch defective.

(12) headlamps are dipping to the right.

(13) all lamps not either white or yellow.

(14) main beam warning light is not working.

Item 31: headlamp aim

Reasons for refusal:

In the case of a European type headlamp checked on dip beam—

(1) for headlamps whose centre is not more than 850mm above the ground, the horizontal cut off line does not lie between the 0.5% and 2% horizontal lines.

(2) for headlamps whose centre is more than 850mm above the ground, the horizontal cut off line does not lie between 1.25% and the 2.75% horizontal lines.

(3) the junction of the 15° cut off line and the horizontal cut off line does not lie between the 0% and the —2% vertical lines.

In the case of a British-American type headlamp checked on dipped beam—

(1) the upper edge of the hotspot does not lie between the 0% and 2.75% horizontal lines.

(2) the right-hand edge of the hotspot does not lie between the 0% and the —2% vertical lines.

In the case of a British-American type headlamp checked on main beam—

(1) for headlamps whose centre is not more than 850mm above the ground, the hotspot centre does not lie between the 0.0% and the —2% horizontal lines.

(2) for headlamps whose centre is more than 850mm above the ground, the hotspot centre does not lie between 0.0% and the2.75% horizontal lines.

(3) the centre of the hotspot does not lie between the 0% and the —2% vertical lines.

Item 32: auxiliary lamp condition and position

Reasons for refusal:

(1) a front fog lamp is incorrectly positioned.

(2) a front fog lamp is insecurely mounted.

(3) a front fog lamp switch is defective.

(4) a front fog lamp is not showing white or yellow light.

(5) an auxiliary lamp is incorrectly positioned.

(6) an auxiliary lamp is insecurely mounted.

(7) an auxiliary lamp switch is defective.

(8) an auxiliary lamp is not showing white or yellow light.

(9) an auxiliary lamp is set in main beam position and does not extinguish when dipped beams are brought into operation.

Item 33: auxiliary lamp aim

Reasons for refusal:

(1) the upper edge of a fog lamp beam is above the 2% horizontal line.

(2) the hotspot centre of an auxiliary lamp does not lie below the 0% horizontal line.

(3) the centre of the hotspot does not lie between the 0% and the —2% vertical lines.

Item 34: reflectors

Reasons for refusal:

(1) one or both rear reflectors are missing or ineffective.

(2) a rear reflector is not red in colour.

(3) a rear reflector is seriously damaged.

(4) rear reflectors are not matching in size and appearance.

(5) a rear reflector is insecurely mounted.

(6) rear reflectors are not fitted symmetrically.

(7) a side reflector is not amber in colour.

Item 35: bodywork

Reasons for refusal:

(1) a primary structural component is broken, cracked, insecure, damaged or rusted to an advanced stage.

(2) a secondary structural component is missing, insecure, rusted or damaged to such an extent as to leave sharp edges.

(3) the vehicle body is not sitting squarely due to distortion.

(4) a bonnet or boot catch is defective or the bonnet safety catch is missing or defective.

(5) a bumper, bull guard or body strip is insecure.

(6) a primary structural component has been repaired in such a manner that the original strength of the component has not been maintained.

(7) the vehicle’s original strength as manufactured or original safety of vehicle bodywork as manufactured, is obviously not maintained.

(8) two “halves” of vehicles have been joined together and certification of the safety of the work is not available from the vehicle manufacturer, a mechanical or automotive engineer, an automotive assessor or equivalent person.

Item 36: tyre condition

Reasons for refusal:

(1) evidence is present of recutting of tread pattern where tyre is not suitable for recutting.

(2) a tyre is incorrectly seated on wheel rim.

(3) a cut in tyre is longer than 25mm or 10% of section width (whichever is the shorter) and reaches the ply or cords.

(4) any tyre fitted in the incorrect direction(directional tyres) or wrong side out (asymmetrical tyres).

(5) the ply or cord structure is ruptured or exposed, tread is lifting, a lump or bulge has been caused by separation of rubber from cords or weakness in cord structure, or tread distorted or damaged.

(6) obvious damage or distortion of a valve stem is present.

(7) a valve stem is chafing against valve hole.

(8) the sidewall of a tyre has been repaired with the use of a plug.

Item 37: tyre specification

Reasons for refusal:

(1) tyres fitted to individual axles are not of the same size, aspect ratio or type.

(2) radial ply tyres are fitted to the front wheels but not to the rear wheels.

(3) speed rating of tyres cannot be determined on inspection or is insufficient for maximum legal speed limit.

(4) a space saving tyre fitted on an axle.

(5) tyre protrudes beyond bodywork.

(6) tyre incorrectly fitted.

(7) an E or e mark is not visible on the tyre.

Item 38: tyre tread

Reason for refusal:

(1) the depth of tread is less than 1.6 mm in the central three-quarters of the tread pattern.

Item 39: wheels

Reasons for refusal:

(1) cracks or defective welds are present in a wheel.

(2) a wheel is more than 13mm (1/2”) askew or buckled.

(3) a wheel is incorrectly fitted.

(4) a wheel is damaged such that tyre damage or seal damage can occur.

(5) different size wheels are fitted on the same axle.

(6) any spoke or other wheel component is in such a condition that there is a danger of failure.

(7) any stud hole is elongated or damaged.

(8) any studs or nuts are damaged or threads stripped or crossed.

(9) any stud or nut is missing or loose.

(10) any stud or nut is in such a condition that there is an obvious danger that the wheel will come loose.

(11) any wheelnut is wrongly fitted.

(12) an incorrect wheelnut is fitted.

Item 40: spare wheel and carrier (external carrier only)

Reasons for refusal:

(1) spare wheel carrier (where fitted) is cracked or insecurely mounted.

(2) spare wheel (where present) is insecurely held in its place.

Item 41: brake fluid

Reasons for refusal:

(1) the reservoir is less than half-full or is below manufacturer’s "minimum" level.

(2) the reservoir cap is leaking or cap missing.

(3) the fluid is obviously dirty or contaminated.

Item 42: chassis/underbody/sub-frame/flitch plates

Reasons for refusal:

(1) a weld is breaking away.

(2) the chassis/underbody is cracked or insecure or pronounced misalignment is present.

(3) loose rivets or bolts or chassis members are bent.

(4) the chassis/underbody is considerably weakened by holes.

(5) advanced corrosion or other equivalent damage is present.

(6) repairs or modifications are obviously not in line with manufacturer’s recommendations.

Item 43: steering linkage

Reasons for refusal:

In the case of rack and pinion steering—

(1) a linkage is damaged or insecure.

(2) splines are worn or damaged.

(3) bushes/bearings are excessively worn.

(4) excessive end float is present in pinion.

(5) obvious stiffness in linkage.

(6) steering rack gaiter is insecure, split or missing.

In the case of steering box—

(7) obvious stiffness or bearings are damaged or worn.

(8) damaged or insecure or excessive end float is present in a steering box shaft.

(9) axial or radial play is present in the linkage, splines are worn or a shaft is twisted.

In the case of other components—

(10) a drop arm/drag link is damaged or insecure.

(11) a drag link or the track rod ends are obviously worn or insecure.

(12) idler assembly mounting is obviously loose, or axial or radial play is present in the assembly.

(13) track rod/steering arm is obviously deformed, loose or cracked.

(14) 3mm (1/8")

or more play is evident at wheel rim on 14" diameter wheel in respect of king pin/ bushes/ bearings, at wheel rim or another diameter wheel rim displays pro rata play.

(15) excessive lift exists between stub axle and axle beam.

(16) stub axle is damaged or bent.

(17) a retaining or locking device (split pin, nut, rivet, weld, etc.) is missing, insecure worn or broken.

(18) steering housing is damaged or worn.

(19) a mounting bolt for steering housing is missing or loose.

(20) any steering component has been repaired by welding.

(21) cracks or corrosion are present around attachment points for steering box, rack or idler box.

(22) power assistance is not available consistently over full lock to lock range.

(23) power assistance is not operating where power steering is a standard fitment by the manufacturer on all vehicles of the type (make and model) of vehicle being tested.

(24) power steering fluid level is below minimum level.

(25) a power steering fluid pipe is fouling other components.

(26) leaks are present in power steering fluid pipes.

(27) power steering pump is worn, noisy, leaking or has a defective drive.

(28) continuous oil leak is present from steering box/rack/ or steering damper.

(29) steering is over or under locking or is fouling any other component on the vehicle.

Item 44: wheel bearings

Reasons for refusal:

(1) excessive play is present in bearings.

(2) bearings are too tight.

(3) bearings are worn or damaged.

Item 45: front springs

Reasons for refusal:

spring(coil/leaf), torsion bar—

(1) are worn or exhausted.

(2) any spring leaf is broken, missing or repaired by welding.

(3) fitted incorrectly.

(4) a spring clamp is missing.

(5) a U-bolt is loose or missing.

(6) a coil spring or torsion bar broken.

spring mounting or torsion bar mounting—

(7) is obviously loose.

(8) is obviously cracked or damaged.

spring eye- bolts/shackle pins—

(9) a locking device is missing or insecurely fitted.

(10) spring eye- bolts/shackle pins are worn, incorrectly positioned, are of an incorrect type or are missing.

(11) a spring eye- bolt/shackle pin is obviously loose in its bush.

spring or shackle bushes—

(12) are worn, missing or perished.

(13) a spring centre bolt missing or damaged.

(14) a bump stop missing or ineffective.

air, hydrolastic, hydragas suspension—

(15) leaks are present in system.

(16) a linkage to levelling valve defective.

(17) a valve is insecure or defective.

(18) a suspension bellows is giving inadequate movement with risk of wheel fouling.

(19) a pipe is damaged to the extent that it is likely to fail.

(20) the vehicle is sitting on bump stops.

bonded suspension units—

(21) failure of rubber/metal attachment has occurred.

(22) deterioration of suspension medium has occurred.

Item 46: front suspension

Reasons for refusal:

(1) axle beam is obviously out of line.

in respect of wishbones, swinging arm, track control arm, suspension strut—

(2) a mounting obviously loose or worn.

(3) a component or mounting is cracked, damaged or deformed.

in respect of anti-roll bar, torque arm/rod, radius rod/link—

(4) a component is missing or broken.

(5) a mounting is loose.

(6) a component is cracked, damaged or deformed.

in respect of bushes, ball joints, and sliding bushes or swivel joints—

(7) excessive wear is present.

(8) a component is insecure.

in respect of suspension mounting area—

(9) deformed or corroded to such an extent that the security or alignment of the suspension component is affected.

in respect of retaining or locking devices—

(10) missing, insecure, worn or broken

Item 47: brake lines/hoses

Reasons for refusal:

(1) are perished, kinked, damaged or rusted to the extent that the pipe is pitted.

(2) are unsatisfactorily mounted with the possibility of failing.

(3) leaks are present.

(4) a line or hose is fouling moving parts.

(5) a line or hose is bulging under pressure.

(6) inadequate repairs have been carried out to lines or hoses or unsuitable fittings are present.

Item 48: shock absorber condition

Reasons for refusal:

(1) obvious leak is evident in a shock absorber.

(2) a mounting bracket or bush is missing, loose or damaged.

(3) a shock absorber is missing or damaged.

Item 49: electrical system

Reasons for refusal:

(1) ignition switch is missing.

(2) ignition cannot be switched off.

(3) ignition key cannot be removed.

(4) wiring is liable to interfere with the drivers control of the vehicle.

(5) risk of fire is present, including risk associated with—

— dislocated or insecure electrical wiring,

— electrical wiring insulation damaged,

— after-market items with the exceptions of taxi roof-signs, anti-theft systems and light failure indicators not being wired through ignition switch,

— use of unsuitable wiring, e.g. household wiring/bell wiring.

(6) battery mounting is unsatisfactory.

(7) risk of short-circuiting is present with battery.

(8) leakages from battery are evident

Item 50: fuel system

Reasons for refusal:

fuel tank, fuel filter systems and fuel lines—

(1) a component is incorrectly or loosely mounted or damaged.

(2) advanced rust is present in fuel tank.

(3) leaks in system are evident.

(4) unsuitable fuel tank has been fitted.

(5) LPG/CNG tank has been fitted inside vehicle without being in a sub-compartment or without having valves piped to the outside.

(6) LPG/CNG venting or ducting pipes are damaged or blocked.

(7) sub-compartment is obviously not gas-tight where valves are not piped to the outside.

(8) fuel tank is fitted to roof of vehicle.

(9) a manual or solenoid valve is not operating.

(10) possibility exists of fuel lines being crushed, chafed, ruptured or subject to excessive vibration.

(11) fuel cap or fuel cap seal is damaged or missing.

throttle control—

(12) is sticking, binding or excessively worn.

(13) a link pin, retaining device or safety device is missing.

(14) mounting bracket or panel is cracked or fractured.

(15) excess fuel device gives off excessive smoke if operated from within the passenger compartment after the engine has been started.

(16) engine stop control (on diesel vehicles) is not working or is missing.

(17) air filter assembly is insecure, missing or incomplete.

Item 51: brake wheel units

Reasons for refusal:

(1) a hydraulic brake unit is insecurely mounted.

(2) a hydraulic brake unit is leaking.

(3) a hydraulic brake unit is sluggish in operation or is seized.

Item 52: mechanical brake components

Reasons for refusal:

(1) a brake rod/lever/cable/linkage/pivot is missing, damaged, cracked, corroded, seized, obstructed or worn.

(2) a brake rod/lever/cable/linkage/pivot is incorrectly fitted.

(3) a bracket, mounting bolt, split pin or other retaining device is missing, loose or worn.

(4) brake linings are contaminated.

(5) brake linings are incorrectly adjusted.

(6) brake shoes or pads are in need of replacement.

(7) a brake drum/disc/backplate is obviously damaged, askew, or insecure.

in relation to actuating levers—

(8) a lever is damaged, insecure or is in need of adjustment.

(9) a lever is operating over centre.

(10) danger is present of brakes locking.

(11) free movement of brake rod/levers/cables etc. is restricted.

Item 53: brake master cylinder/servo/valves/connections

Reasons for refusal:

(1) brake master cylinder/reservoirs are insecurely mounted or mounting panel is cracked.

(2) brake master cylinder/reservoirs leaking or defective.

(3) servo is insecure or defective.

(4) servo is damaged, badly corroded or leaking.

(5) a valve is missing, insecurely mounted, leaking or defective.

(6) the load sensing or brake proportioning valves are missing, bypassed, damaged, leaking, inoperative, obviously incorrectly adjusted or a linkage is sticking.

Item 54: exhaust system/noise

Reasons for refusal:

(1) exhaust pipe is badly mounted or is liable to fall off.

silencer:-

(2) is missing or is not functioning.

(3) is badly mounted or likely to fall off.

(4) has serious leaks.

(5) vehicle exhaust noise has reached or exceeded a specified level of 99db.

(6) a risk of fire is present because of leaks or broken components in exhaust assembly.

Item 55: rear suspension

Reasons for refusal:

axle beam, trailing arm, wishbones, swinging arm, track control arm, suspension strut—

(1) a component is obviously askew.

(2) a mounting bush, bearing or bearing carrier, shaft, ball joint is obviously loose, worn or insecure.

(3) a component is cracked or damaged.

anti-roll bar, transverse rod, radius rod/link—

(4) a mounting is loose.

(5) a component is cracked or deformed.

(6) a component is missing or broken.

bushes, ball-joints, sliding bushes or swivel joints:-

(7) a component is showing excessive wear.

(8) a component is insecure.

(9) a mounting area is damaged or corroded to such an extent that the security or alignment of the suspension component is affected.

(10) a retaining or locking device is absent, insecure, worn or broken.

Item 56: rear springs

Reasons for refusal:

spring(coil/leaf), torsion bar—

(1) is worn or exhausted.

(2) a spring leaf is broken, missing or repaired by welding.

(3) a component is fitted incorrectly.

(4) a spring clamp is missing.

(5) a U-bolt is loose or missing.

(6) a coil spring or torsion bar is broken.

(7) a spring mounting or torsion bar mounting is obviously loose.

(8) a spring mounting or torsion bar mounting is obviously damaged.

spring eye- bolts/shackle pins:-

(9) a locking device is missing or insecurely fitted.

(10) a component is worn, incorrectly positioned, missing or is of an incorrect type.

(11) a bolt/shackle pin is obviously loose in its bush.

(12) a spring, shackle bush or slipper pad is worn, missing or perished.

(13) a spring centre bolt missing or damaged.

(14) a bump stop is missing, damaged or ineffective.

air, hydrolastic, hydragas suspension:-

(15) a leak is present in a component.

(16) a linkage to levelling valve is defective.

(17) a valve is insecure or defective.

(18) a suspension bellows is giving inadequate movement with risk of wheel fouling.

(19) a pipe is damaged to the extent that it is likely to fail.

(20) the vehicle sitting on bump stops.

bonded suspension units:-

(21) failure of rubber/metal attachment has occurred.

(22) deterioration of suspension medium has occurred.

Item 57: transmission and drive train

Reasons for refusal:

(1) clutch pedal anti-slip provision is missing, loose, or worn to the extent that it is no longer effective.

(2) a driveline component is liable to lock up or break away.

(3) a propeller shaft or half shaft bearing/bearing housing/ housing mounting is askew, damaged or worn.

propeller shaft/half shaft couplings:-

(4) a component is worn.

(5) a bolt, nut or stud is lose or missing.

(6) a lock tab is missing.

(7) a coupling is obviously worn or its grease boots are missing or torn.

(8) lubrication oil continually dropping.

(9) an engine or gearbox mounting is insecure, deteriorated or broken.

Item 58: rear fog lamp

Reasons for refusal

(1) not working or faulty.

(2) missing or not clearly visible.

(3) not red in colour.

(4) lens broken or missing.

(5) insecurely mounted.

(6) fog lamp indicator not working correctly

Item 59: reverse lamp

Reasons for refusal

(1) not working or faulty.

(2) missing or not clearly visible.

(3) lens broken or missing.

(4) insecurely mounted.

(5) not white in colour.

(6) reversing lamp remains illuminated after reversing gear has been disengaged.

Item 60: malfunction indicators

Reason for refusal

(1) malfunction indicators for airbags, electronic stability control (ESC), anti-lock brake system (ABS) / electronic braking system (EBS) not working or indicates a defect in the system.

Item 61: registration plate lamps

Reasons for advisory fail:

(1) lamp is not fitted or is not working or is faulty.

(2) lamp is not white in colour.

(3) lamp lens is missing or broken.

(4) showing direct (not reflected) white light to rear.

/images/ls

GIVEN under my Official Seal,

21st December 2009

NOEL DEMPSEY,

Minister for Transport.

EXPLANATORY NOTE

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

The purpose of these regulations are to update and replace the previous National Car Test regulations (S.I. 405 of 2003) to provide for the following:

a) Additional test items to be included in the NCT from 1 April 2010.

b) The annual testing of cars over 10 years old from 1 June 2011.

c) New interpretations in relation to small public service vehicles.

d) Provisions for vehicles with dangerous defects.

e) A requirement for production of I.D. by those presenting a vehicle for testing.

1 OJ No. L46, 17.02.97, p.11

2 OJ No. L90, 08.04.03, p.41

3 OJ No. L141, 6.6.2009