S.I. No. 483/2011 - Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th September, 2011.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 38 (1) of the Local Government Act 1955 (No. 9 of 1955), sections 5 (1), 23 (2), 31 (2), 34 and 42 of the Road Traffic Act 1961 (No. 24 of 1961), section 2 of the Road Traffic Act 2006 (No. 14 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 Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )), for the purpose of giving further effect to Directive No. 2006/126/EC of the European Parliament and of the Council of 20 December 2006¹ , hereby make the following regulations:

1. (1) These Regulations may be cited as the Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2011.

(2) These Regulations come into operation on 19 January 2013.

2. The Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ) are amended—

(a) In Regulation 3(1)—

(i) by substituting for the definition of “automatic transmission” the following:

“ ‘automatic transmission’ means a vehicle in which no clutch pedal (or lever operated manually for categories A or A1) is present;”,

(ii) by substituting for the definition of “commencement day” the following:

“ ‘commencement day’ in relation to a driving licence or a learner permit, means the day on which the licence or permit is granted;”,

(iii) by inserting after the definition of “land tractor” the following:

“ ‘light quadricycle’ has the meaning assigned to it in Article 1(3)(a) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002⁶ ;”,

(iv) by substituting for the definition of “moped” the following:

“ ‘moped’ means—

(a) a two-wheel vehicle or three-wheel vehicle with a maximum design speed of more than 25 km/h but not more than 45 km/h, or

(b) a light quadricycle,

as defined in Article 1(2)(a) and Article 1(3)(a) respectively of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 20026;”,

(v) by substituting for the definition of “motorcycle” the following:

“ ‘motorcycle’ means a two-wheel vehicle, with or without a sidecar, as defined in Article 1(2)(b) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 20026;”,

(vi) by inserting after the definition of “passenger accommodation” the following:

“ ‘quadricycle’ means vehicles as defined in Article 1(3)(b) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002;”,

(vii) by inserting after the definition of “trailer” the following:

“ ‘tricycle’ means vehicles with 3 symmetrically arranged wheels, as defined in Article 1(2)(c) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 20026;”,

and

(viii) by deleting the definition of “tricycle and quadricycle”,

(b) in Regulation 6, by substituting for the Table the following:

“TABLE

(1) Category	(2) Vehicles in Category
A	Motorcycles. Motor tricycles.
A1	Motorcycles with an engine capacity not exceeding 125 cubic centimetres, with a power rating not exceeding 11 kW and with a power to weight ratio not exceeding 0.1 kW/kg.Motor tricycles with a power rating not exceeding 15 kW.
A2	Motorcycles with a power rating not exceeding 35 kW, with a power to weight ratio not exceeding 0.2 kW/kg and not derived from a vehicle of more than double its power.
AM	Mopeds. Light quadricycles.
B	Vehicles (other than motorcycles, mopeds, work vehicles or land tractors) having a design gross vehicle weight not exceeding 3,500 kg, having passenger accommodation for not more than 8 persons and where the design gross vehicle weight of the trailer is not greater than 750 kg. A licence with code 106 permits the combination of drawing vehicle and trailer where the design gross vehicle weight of the trailer may exceed 750 kg and where the design gross vehicle weight of the drawing vehicle and trailer combined does not exceed 4,250 kg.
BE	Combination of drawing vehicles in category B and trailer where the design gross vehicle weight of the trailer is not greater than 3,500 kg.
C	Vehicles (other than work vehicles or land tractors) having a design gross vehicle weight exceeding 3,500 kg, having passenger accommodation for not more than 8 persons and where the design gross vehicle weight of the trailer is not greater than 750 kg.
CE	Combination of drawing vehicles in category C and trailer where the design gross vehicle weight of the trailer is greater than 750 kg.
C1	Vehicles in category C having a design gross vehicle weight not exceeding 7,500 kg, having passenger accommodation for not more than 8 persons and where the design gross vehicle weight of the trailer is not greater than 750 kg.
C1E	Combination of drawing vehicles in category C1 and trailer where the design gross vehicle weight of the trailer is greater than 750 kg and where the design gross vehicle weight of the drawing vehicle and trailer combined does not exceed 12,000 kg. Combination of drawing vehicles in category B with trailer where the design gross vehicle weight of the trailer is greater than 3,500 kg and where the design gross vehicle weight of the drawing vehicle and trailer combined does not exceed 12,000 kg.
D	Vehicles having passenger accommodation for more than 8 persons and where the design gross vehicle weight of the trailer is not greater than 750 kg.
DE	Combination of drawing vehicles in category D and trailer where the design gross vehicle weight of the trailer is greater than 750 kg.
D1	Vehicles in category D having passenger accommodation for not more than 16 persons, with a maximum length not exceeding 8 metres and where the design gross vehicle weight of the trailer is not greater than 750 kg.
D1E	Combination of drawing vehicles in category D1 and trailer where the design gross vehicle weight of the trailer is greater than 750 kg.
W	Work vehicles and land tractors.

”,

“7.(1) A combination of vehicles which consists of a drawing vehicle and a trailer shall, for the purpose of these Regulations, be regarded as a vehicle—

(a) in category B, where the drawing vehicle is in category B and—

(i) the design gross vehicle weight of the trailer does not exceed 750 kg, or

(ii) the design gross vehicle weight of the trailer exceeds 750 kg but where the design gross vehicle weight of the combination does not exceed 4,250 kg,

(b) in category B, C1, C, D1 or D, where the drawing vehicle is in category B, C1, C, D1 or D, respectively, and the design gross vehicle weight of the trailer does not exceed 750 kg, or

(2)(a) Vehicle categories C1E and D1E cover only combinations where the design gross vehicle weight of the trailer does not exceed the unladen weight of the drawing vehicle.

(b) The trailer in combinations of vehicles in category D1E shall not be used for the transport of persons.”,

(d) by substituting for Regulation 9 the following:

“9.(1) Subject to paragraph (2), the age set out in column (2) of the Table below opposite the mention of a vehicle category in column (1) of the Table is the age below which a person is disqualified from holding a driving licence or a learner permit in respect of vehicles of that category.

TABLE

(1) Vehicle Category	(2) Age in Years
A1, AM or W	16
B, BE	17
A2, C1, C1E	18
A	20
C, CE, D1, D1E	21
D, DE	24

(2) Where a person holds a certificate of professional competence (“CPC”) as referred to in Article 6 of Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003⁷ , the age set out in column (3) of the Table below opposite the mention of a vehicle category in column (1) of the Table, subject to the requirement set out in column (2), is the age below which a person is disqualified from holding a driving licence or a learner permit in respect of vehicles of that category.

TABLE

(1) Vehicle Category	(2) Requirement	(3) Age in Years
C, CE	provided applicant holds a CPC as referred to in Article 6(1) of Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003⁷.	18
D, DE	provided applicant holds a CPC as referred to in Article 6(1) of Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003⁷.	21
C, CE	provided applicant holds a CPC as referred to in Article 6(2) of Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003⁷.	21
D, DE	provided applicant holds a CPC as referred to in Article 6(2) of Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003⁷.	23
D1, D1E	provided applicant holds a CPC as referred to in Article 6(2) of Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003⁷.	21

”,

(e) in Regulation 10, by deleting paragraph (4) and substituting for paragraph (2) the following:

“(2) A driving licence shall, subject to paragraph (3), be granted for a period of—

(a) in the case of an applicant less than 60 years of age on the commencement day, for a licence to drive vehicles of category A, A1, A2, AM, B, BE or W, 10 years plus the unexpired period of a licence previously granted to the applicant,

(b) in the case of an applicant less than 60 years of age on the commencement day, for a licence to drive vehicles of category C, CE, C1, C1E, D, DE, D1 or D1E, 5 years plus the unexpired period of a licence previously granted to the applicant,

(c) subject to subparagraphs (d) and (e), in the case of an applicant 60 or more years of age on the commencement day, 3 years plus the unexpired period of a licence previously granted to the applicant,

(d) in the case where the applicant is on the commencement day 60 years of age or more but less than 67 years of age, where the application is for a licence to drive vehicles of category A, A1, A2, AM, B, BE or W, a driving licence may be granted for the period beginning on the commencement day and ending on the day before the applicant attains the age of 70 years, and

(e) in the case where the applicant is on the commencement day 65 years of age or more but less than 67 years of age, where the application is for a licence to drive vehicles of category C, CE, C1, C1E, D, DE, D1 or D1E a driving licence may be granted for the period beginning on the commencement day and ending on the day before the applicant attains the age of 70 years.”,

(f) in Regulation 12, by inserting after paragraph (5) the following:

“(6) A recognised licence issued outside the State which is furnished with an application for a driving licence and which is accepted in exchange for an Irish driving licence shall be returned to the authorities of the state which issued the licence.”,

(g) by substituting for Regulation 14 the following:

“14.(1) Subject to paragraph (2), a person granted a driving licence for the first time on or after 19 January 2013 to drive vehicles in category A is, until a period of having held a driving licence in the category for 2 years, restricted to driving only those vehicles in that category which have a power output not exceeding 35 kW, a power/weight ratio not exceeding 0.2kW/kg or not derived from a vehicle of more than double its power.

(2) Paragraph (1) does not apply to a person issued with a certificate of competency to drive vehicles in category A on or prior to 18 January 2015.”,

(h) in Regulation 19(2), by substituting for subparagraphs (b) and (c) the following:

“(b) category BE, CE, C1E, DE or D1E, unless the person holds a driving licence in respect of the drawing vehicle appropriate to the category which is the subject of the application,

(d) any of the categories set out in column (1) of the Table below unless the person holds for a minimum period of 2 years a driving licence in respect of category set out in column (2) of the Table opposite the mention in column (1) of that category.

TABLE

(1)

Category

(2)

Category

A2A

A1A2

”,

(i) in Regulation 23, by inserting after paragraph (2) the following:

“(3) A driver tester shall meet the minimum standards set out in Schedule 8.

(4) The Road Safety Authority shall oversee implementation of the minimum standards for driver testers set out in Schedule 8 and shall carry out the functions assigned to it by the relevant standards.”,

(j) in Regulation 27(3)(a), by substituting for the Table the following:

“TABLE

(1)

Category

(2)

Category

(2)

Additional information/restrictions

100

101

102

103

104

105

106

991

992

993

999

Must wear corrective lenses

Must wear hearing aid

Limb prosthesis/orthesis

Exchange of recognised driving licence

Duplicate licence

Restricted to category B vehicles of the motor tricycle or quadricycle type

Restricted to vehicles adapted to suit disability of licensee (learner permit holders and persons granted a certificate of competency or a driving licence prior to 15 November 1999) Renewal subject to submission of a valid medical report

Diplomatic licence

No entitlement to category M

No entitlement to category W

Where the licence holder has entitlement to category CE and category D, he or she has entitlement to category DE

Category B combinations where the design gross vehicle weight of the trailer may exceed 750 kg and where the design gross vehicle weight of the drawing vehicle and trailer combined does not exceed 4,250 kg First learner permit in category

Second learner permit in category

Third or subsequent learner permit in category

Must be accompanied by a qualified driver

”,

(l) in Regulation 41(2), by substituting for the Table the following:

“TABLE

(1)

Category

(2)

Categories

C1E

D1E

A, A1, M

A1, AM

A2, A1, AM

B, W

B, BE, W

B, BE, C, C1, W

B, BE, C, CE, C1, C1E, W

B, BE, C1, WB, BE, C1, C1E, W

B, BE, D, D1, W

B, BE, D, DE, D1, D1E, W

B, BE, D1, W

B, BE, D1, D1E, W

”;

(m) in Regulation 41(5) by substituting “A1, A2, A, B, AM or W” for “A1, A, B, M or W”,

(n) by substituting for Schedule 5 the Schedule set out in Part 1 of the Schedule to these Regulations,

(o) by inserting after Schedule 7 the Schedule set out in Part 2 of the Schedule to these Regulations, and

(p) by substituting—

(i) vehicle category “AM” for “M”,

(ii) vehicle category “BE” for “EB”,

(iii) vehicle category “CE” for “EC”,

(iv) vehicle category “C1E” for “EC1”, and

(v) vehicle category “DE” for“ED”,

in each place where vehicle category “M”, “EB”, “EC”, “EC1” or “ED” occurs.

SCHEDULE

Part 1

Regulation 26

“SCHEDULE 5

Minimum vehicle requirements for the purposes of the practical driving test

Category	Vehicles in Category
A	Motorcycle without sidecar with a cylinder capacity of at least 600 cm3 and an engine power of at least 40 kW.
A1	A1 motorcycle without sidecar with a cubic capacity of at least 120 cm3 but less than 400 cm3 and an engine power not exceeding 25 kW and capable of a speed of at least 90 km/h.
A2	Motorcycle without sidecar with a cylinder capacity of at least 400 cm3 but not less than 600 cm3 and an engine power of at least 25 kW but less than 40 kW.
AM	Two-wheel vehicles or three-wheel vehicles, not capable of being manually propelled, with a maximum design speed of not more than 45 km/h (excluding those with a maximum design speed under or equal to 25 km/h) and with an engine capacity not exceeding 50 cms3.
B	Category B vehicle capable of a speed of at least 100 km/h.
BE	A combination made up of a category B test vehicle capable of a speed of at least 100 km/h which should be either— (a) a 4 wheel drive vehicle and trailer, or (b) a vehicle with a minimum length of at least 4.25 metres and trailer. The trailer should have a design gross vehicle weight of at least 1,400 kilograms; the cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the motor vehicle; the trailer to have a minimum internal length of 2.4 metres; the closed box body may be slightly less wide than the motor vehicle provided that the view to the rear is only possible by use of the external rear-view mirrors of the motor vehicle.
C	Category C vehicle with a design gross vehicle weight of at least 12,000 kilograms, a length of at least 8 metres, a width of at least 2.4 metres and capable of a speed of at least 80 km/h; fitted with anti-lock brakes; equipped with a gearbox having at least 8 forward ratios and recording equipment; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab.
CE	Either an articulated vehicle or a combination of a category C test vehicle and a trailer of at least 7.5 metres in length; both the articulated vehicle and the combination shall have a maximum authorised mass of at least 20,000 kilograms, a length of at least 14 metres and a width of at least 2.4 metres, shall be capable of a speed of at least 80 km/h, fitted with anti-lock brakes, equipped with a gearbox having at least 8 forward ratios and with recording equipment; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab.
C1	Category C1 vehicle with a maximum authorised mass of at least 4,000 kilograms but not exceeding 7,500 kilograms, with a length of at least 5 metres and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab.
C1E	A combination made up of a category C1 test vehicle and a trailer with a design gross vehicle weight of at least 2,000 kilograms and a minimum internal length of 2.4 metres; this combination shall be at least 8 metres in length; the cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the cab; the closed box body may also be slightly less wide than the cab provided that the view to the rear is only possible by use of the external rear-view mirrors of the motor vehicle.
D	Category D vehicle having passenger accommodation for more than 16 persons, being at least 10 metres in length, and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and recording equipment.
DE	A combination made up of a category D test vehicle and a trailer with a maximum authorised mass of at least 1,250 kg, a width of at least 2.4 metres and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least 2 metres wide and 2 metres high; the trailer shall be presented with a minimum of 800 kg real total mass.
D1	Category D1 vehicle with a length of at least 5 metres with a gross vehicle weight of at least 4,000 kilograms and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and recording equipment.
D1E	A combination, made up of a category D1 test with trailer. The trailer used shall have a design gross vehicle weight of at least 1,400 kg and have internal length of at least 2.4 metres; the cargo compartment of the trailer shall consist of a closed box body which is at least 2 metres wide and 2 metres high.
W	Work vehicle and land tractor.

”

Part 2

Regulation 23(3)

“SCHEDULE 8

MINIMUM STANDARDS FOR DRIVER TESTERS

Part 1 Competences required by a driver tester

A driver tester must demonstrate by way of assessment that he or she has the knowledge, skills and understanding related to the topics listed in paragraphs 1 to 7. The assessment standard will be set by the Road Safety Authority.

1. The competences of a driver tester must be relevant to assessing the performance of a test candidate seeking the category of driving licence entitlement for which the driving test is being undertaken. The driver tester must hold a driving licence for the relevant test category for a period of at least 2 years.

2. Required knowledge and understanding of driving and assessment—

(a) theory of driving behaviour,

(b) hazard perception and accident avoidance,

(d) the requirements of the driving test,

(e) relevant road and traffic legislation, including relevant EU and national legislation and interpretative guidelines,

(f) assessment theory and techniques, and

(g) defensive driving.

3. Required assessment skills—

(a) the ability to observe accurately, monitor, and evaluate overall candidate performance, in particular—

(i) the correct and comprehensive recognition of dangerous situations,

(ii) the accurate determination of cause and likely effect of such situations,

(iii) the achievement of competence and recognition of errors, and

(iv) the uniformity and consistency in assessment,

(b) the ability to assimilate information quickly and extract key points,

(d) the ability to provide timely and constructive feedback.

4. Required personal driving skills—

A driver tester for a category of driving test must be able to drive to a consistently high standard that type of motor vehicle concerned. The driver tester must demonstrate this ability periodically as required by the Road Safety Authority, the standard for which is to be set by the Road Safety Authority.

5. Quality of service—

(a) the ability to establish and communicate what the candidate can expect during the test,

(b) the ability to communicate clearly, choosing content, style and language to suit the audience and context and deal with enquiries from candidates,

(d) the ability to treat candidates with respect and indiscriminately.

6. Knowledge about vehicle technique and physics in accordance with a standard to be set by the Road Safety Authority—

(a) the knowledge about vehicle technique, especially for motorcycles and heavy vehicles, regarding steering, tyres, brakes and lights,

(b) the knowledge about loading safety, and

7. Knowledge regarding driving in a fuel-efficient and environmentally-friendly way.

Part 2. General conditions

1. A driver tester for driving licence category B must:

(a) hold a category B licence for at least 5 years;

(b) be aged at least 27 years;

(c) have successfully completed the initial qualification provided for in Part 1 and subsequently followed the quality assurance and the periodic training arrangements as provided for in Part 4, and

(d) have completed a vocational education that leads at least to a completion of level 3 as defined by Council Decision 85/368/EEC of 16 July 19858.

2. A driver tester for the other driving licence categories must:

(a) hold a driving licence in the category concerned;

(b) have successfully completed the initial qualification provided for in Part 3 and subsequently followed the quality assurance and the periodic training arrangements as provided for in Part 4;

(c) have been a qualified category B driver tester for at least 3 years; this period may be waived provided that the driver tester in question can provide evidence of at least 5 years of driving in the category concerned;

(d) have completed a vocational education that leads at least to a completion of level 3 as defined by Council Decision 85/368/EEC of 16 July 1985⁸ ;

8 OJ No. L 199, 31.07.1985, p. 56

(e) have achieved an educational award on foot of a course accredited by the Higher Education and Training Awards Council to level 6 on the National Framework of Qualifications or at a level as set by the Road Safety Authority; and

(f) not be simultaneously active as a commercial driving instructor.

Part 3. Initial qualification

1. Before a person may be authorised to conduct driving tests that person must:

(a) satisfactorily complete such initial training programme as set by the Road Safety Authority; and

(b) demonstrate a satisfactory standard of knowledge, understanding, skills and aptitude in respect of the subjects listed in Part 1.

2. The Road Safety Authority shall determine whether the content of any particular training programme will relate to authorisation to conduct driving tests for one or more than one driving licence category.

3. There shall be an examination process that assesses, in a pedagogically appropriate manner, the competences of the person as defined under Part 1. The examination process must include both a theoretical element and a practical element. Computer-based assessment may be used where appropriate.

Part 4. Quality assurance and periodic training

1. The Road Safety Authority shall have in place quality assurance arrangements to provide for the maintenance of standards of driver testers.

2. Quality assurance arrangements shall involve the supervision of driver testers at work, their further training and reaccreditation, their continuing professional development, and periodic review of the outcomes of the driving tests that they have conducted.

3. Each driver tester shall be subject to yearly supervision making use of these quality assurance arrangements. Each driver tester must be observed conducting tests at least once every 5 years, for a minimum period cumulatively of at least half a day, allowing the observation of several tests. When issues are identified corrective action shall be put in place. Supervision shall be undertaken only by persons authorised by the Road Safety Authority for this purpose.

4. The Road Safety Authority may determine that, where driver testers are authorised to conduct driving tests in more than one category, satisfying the supervision requirement in relation to tests for one category satisfies the requirement for more than one category.

5. The Road Safety Authority shall monitor and supervise the work of driver testers to ensure correct and consistent application of assessment. The Authority shall arrange that, in order to remain authorised, driver testers, irrespective of the number of categories for which they are accredited, undertake a minimum regular periodic training of 4 days in total per period of 2 years in order to—

(a) maintain and refresh the necessary knowledge and examining skills,

(b) develop new competences that have become essential for the exercise of their profession,

(d) ensure that a minimum periodic training of at least 5 days in total per period of 5 years is undertaken, and

(e) develop and maintain the necessary practical driving skills.

6. The Road Safety Authority shall ensure that specific training is given promptly to those driver testers that have been found to be seriously malfunctioning by the quality assurance system in place. The measures taken by the Authority may include the driver tester being subject to peer review, ongoing or intensive monitoring via direct supervision, retraining and examination of assessment competence.

7. The nature of periodic training may take the form of briefing, classroom training, conventional or electronic-based learning and it may be undertaken on an individual or group basis. It may include such re-accreditation of standards as the Road Safety Authority considers appropriate.

8. The Road Safety Authority may determine that where a driver tester is authorised to conduct driving tests in more than one category, satisfying the periodic training requirement in relation to tests for one category satisfies the requirement for more than one category, provided the condition set out in paragraph 9 is satisfied.

9. Where a driver tester has not conducted tests for a category within a 24 month period, the driver tester shall undertake a suitable reassessment before being allowed to carry out driving tests relating to that category. That re-assessment may be undertaken as part of the requirement set out in paragraph 5.

Part 5. Acquired rights

Persons authorised to conduct driving tests immediately before the commencement of this Schedule may continue to conduct driving tests and shall be subject to the regular supervision and quality assurance arrangements set out in Part 4.”

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GIVEN under my Official Seal,

13 September 2011.

LEO VARADKAR,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

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

These Regulations amend the driver licensing Regulations in order to comply with the requirements of Directive 2006/126/EC of the European Parliament and Council.

1 OJ No. L 403, 30.12.2006, p. 18

6 OJ No. L 124, 09.05.2002, p. 1

7OJ L 226, 10.09.2003, p. 4

8 OJ No. L 199, 31.07.1985, p. 56