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Notice of the making of this Statutory Instrument was published in
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“Iris Oifigiúil” of 8th November, 2013.
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I, Leo Varadkar, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by sections 5(1), 23(2) (inserted by
section 57
of the
Road Traffic Act 2010
(No. 25 of 2010) and 42 (as amended by section 12(2) of the
Roads Act 2007
(No. 34 of 2007)) 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 Transport (Alteration of Name of Department and Title of Minister) Order 2011 (
S.I. No. 141 of 2011
)), hereby make the following regulations:
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1. These Regulations may be cited as the Road Traffic (Licensing of Drivers) (Amendment) (No. 3) Regulations 2013.
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2. In these Regulations “Regulations of 2013” means the Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 (
S.I. No. 6 of 2013
).
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3. The Road Traffic (Licensing of Drivers) Regulations 2006 (
S.I. No. 537 of 2006
) are amended—
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(a) by substituting “D1E” for “ED1” in each place where it occurs,
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(b) by substituting for Regulation 12(1) the following:
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“(1) A person making an application for a driving licence shall—
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(a) have his or her normal residence in the State, or
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(b) have been studying in the State for at least 6 months prior to the date of the application.
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(1A) Subject to paragraph (1B), an application shall be made in person at an office of the licensing authority or an office authorised by the licensing authority in that behalf.
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(1B) Notwithstanding paragraph (1A), a person who is granted a driving licence on foot of an application made in person shall not be required to apply again in person during the period of 5 years from the date on which that licence comes into force.
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(1C) A person making an application in person shall allow his or her photograph to be taken for the purposes of the application.”,
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(c) in regulation 12(2), by inserting after subparagraph (b) the following:
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“(ba) in the case of an applicant referred to in paragraph (1)(b), evidence that he or she has been present in the State for the period of 6 months prior to the date of the application for the purposes of full-time study at a recognised school (within the meaning of section 2(1) of the
Education Act 1998
(No. 51 of 1998)) or a third-level educational institution (within the meaning of section 1(1) of the
Higher Education Authority Act 1971
(No. 22 of 1971)),”,
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(d) in Regulation 12(4)(a)(vii), by inserting “and” after “such a theory test certificate,”,
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(e) by deleting Regulation 12(4)(b),
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(f) by substituting for Regulation 15(1) the following:
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“(1) The holder of a driving licence may apply—
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(a) in the case of a licence issued before 29 October 2013, in person at, or
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(b) in the case of a license issued after 29 October 2013, to,
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an office of the licensing authority or an office authorised by the licensing authority in that behalf for a duplicate of that licence and the application shall be on scheduled form D.401 and be accompanied by any evidence of identity required under Regulation 54.
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(1A) A person making an application in person shall allow his or her photograph to be taken for the purposes of the application.”,
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(g) In Regulation 17(6)(b), by substituting for clause (vii) (inserted by Regulation 3(i)(II) of the Regulations of 2013) the following:
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“(vii) vehicles of any category where code 109 is endorsed on the licence, shall not drive such a vehicle unless he or she has taken a test for a certificate of competency within the first 2 months after the date of issue of the licence.”,
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(h) by substituting for Regulation 20(1) the following:
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“(1) A person making an application for a learner permit shall—
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(a) have his or her normal residence in the State, or
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(b) have been studying in the State for at least 6 months prior to the date of the application.
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(1A) Subject to paragraph (1B), an application shall be made in person at an office of the licensing authority or an office authorised by the licensing authority in that behalf.
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(1B) Notwithstanding paragraph (1A), a person who is granted a learner permit on foot of an application made in person shall not be required to apply again in person during the period of 5 years from the date on which that licence comes into force.
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(1C) A person making an application shall allow his or her photograph to be taken for the purposes of the application.”,
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(i) in Regulation 20(2) by inserting after subparagraph (b) the following:
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“(ba) in the case of an applicant referred to in paragraph (1)(b), evidence that he or she has been present in the State for the period of 6 months prior to the date of the application for the purposes of full-time study at a recognised school (within the meaning of
section 2
(1) of the
Education Act 1998
(No. 51 of 1998)) or a third-level educational institution (within the meaning of
section 1
(1) of the
Higher Education Authority Act 1971
(No. 22 of 1971)),”
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(j) by deleting Regulation 20(5)(b),
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(k) by substituting for Regulation 22(1) the following:
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“(1) The holder of a learner permit may apply—
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(a) in the case of a learner permit issued before 29 October 2013, in person at, or
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(b) in the case of a learner permit issued after 29 October 2013, to,
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an office of the licensing authority, or an office authorised by the licensing authority in that behalf, for a duplicate of that permit and the application shall be on scheduled form D.201 and be accompanied by any evidence of identity required under Regulation 54.
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(1A) A person making an application in person shall allow his or her photograph to be taken for the purposes of the application.”,
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(l) In Regulation 32, by substituting for the Table to paragraph (2) (inserted by Regulation 3(m)(ii) of the Regulations of 2013) the following:
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“TABLE
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Code(1)
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Additional information/restrictions(2)
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01
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Must wear corrective lenses
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02
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Must wear hearing aid
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03
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Limb prosthesis/orthesis
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46
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Tricycles only
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70
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Exchange of recognised driving licence
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71
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Duplicate licence
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73
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Restricted to category B vehicles of the motor quadricycle type (B1)
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79
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Restricted to vehicles which comply with the specifications indicated in brackets
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79. 01
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Restricted to two-wheel vehicles with or without side-car
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79. 02
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Restricted to category AM vehicles of the three-wheel or light quadricycle type
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79. 03
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Restricted to tricycles
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79. 04
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Restricted to tricycles combined with a trailer having a maximum authorised mass not exceeding 750 kg
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79. 05
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Category A1 motorcycle with a power/weight ratio above 0.1 kW/kg
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79. 06
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Category BE vehicle where the maximum authorized mass of the trailer exceeds 3500 kg
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80
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Restricted to category A vehicle tricycles until reaches age of 24 years
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81
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Restricted to category A vehicle of the two-wheel motorcycle type until reaches age of 21 years
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96
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Category B vehicles combined with a trailer with a maximum authorized mass exceeding 750 kg where the maximum authorized mass of such combination exceeds 3,500 kg but does not exceed 4,250 kg
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97
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Not authorised to drive a category C1 vehicle which falls within the scope of Council Regulation (EEC) No. 3821/85 of 20 December 1985
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101
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Renewal subject to submission of a valid medical report
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102
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Diplomatic licence
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109
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Must undergo the driving test within 2 months of issue.
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115
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Organ donor
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”,
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(m) by deleting Regulation 53,
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(n) in Regulation 56(2) by substituting “ €15 ” for “ €6 ”,
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(o) in Schedule 1—
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(i) by substituting for forms D.201, D.401, D.501 and D.502 (inserted by Regulation 3(u) of the Regulations of 2013) the forms set out in Schedule 1, and
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(ii) by deleting Form D.800 — Application for duplicate driving licence or duplicate Provisional licence,
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and
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(p) by substituting for Schedule 5 (inserted by Regulation 3(t) of the Regulations of 2013) the Schedule set out in Schedule 2.
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Regulation 3(o)
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Schedule 1
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“D201 — Application for learner permit
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D401– Application for driving licence
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D501 Medical Report
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D502 Eyesight Report
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”
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Regulation 3(p)
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Schedule 2
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“SCHEDULE 5
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Regulation 26
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Minimum vehicle requirements for the purposes of the practical driving test where the test vehicle was first registered on or after 1 January 2004
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Category
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Vehicles in Category
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AM
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Two-wheel vehicles or three-wheel vehicles, other than with twinned wheels, 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 as respect an internal combustion engine with an engine capacity not exceeding 50 cm3, and a maximum continuous rated power of no more than 4 kW as respect an electric motor.
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A1
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A1 motorcycle, other than with twinned wheels, without sidecar, with a cubic capacity of at least 115 cm3 and not exceeding 125 cm3, and capable of a speed of at least 90 km/h. Where the motorcycle has an electric motor the power to weight ratio shall be not less than 0.08 kW/kg.
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A2
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A2 motorcycle, other than with twinned wheels, without sidecar, with a cylinder capacity of at least 395 cm3, and an engine power of at least 25 kW and not exceeding 35 kW. Where the motorcycle has an electric motor the power to weight ratio shall be not less than 0.15 kW/kg.
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A
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Motorcycle, other than with twinned wheels, without sidecar, with a cylinder capacity of at least 595 cm3, and an engine power of at least 40 kW.Where the motorcycle has an electric motor the power to weight ratio shall be not less than 0.25 kW/kg.
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B
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Category B vehicle capable of a speed of at least 100 km/h.
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BE
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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 four-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 maximum authorized mass of at least 1,400 kilograms and not greater than 3,500 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. The trailer shall be presented with a minimum of 800 kilograms real total mass.
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C1
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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.
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C1E
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A combination made up of a category C1 test vehicle and a trailer with a maximum authorized mass 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. The trailer shall be presented with a minimum of 800 kilograms real total mass.
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C
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Category C vehicle with a maximum total mass of at least 12,000 kilograms, a length of at least 8 metres, a width of at least 2.40 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. The vehicle shall be presented with a minimum of 10,000 kilograms real total mass.
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CE
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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 2.40 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. The trailer shall be presented with a minimum of 15,000 kilograms real total mass.
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D1
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Category D1 vehicle with a length of at least 5 metres, with a maximum authorized mass 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.
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D1E
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A combination, made up of a category D1 test vehicle with trailer. The trailer used shall have a maximum authorized mass of at least 1,400 kilograms 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. The trailer shall be presented with a minimum of 800 kilograms real total mass.
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D
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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.
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DE
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A combination, made up of a category D test vehicle, with a trailer having a width and a length of at least 2.4 metres, and a maximum authorised mass of at least 1,400 kilograms. 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 kilograms real total mass.
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W
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Work vehicle and land tractor.
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Minimum vehicle requirements for the purposes of the practical driving test where the test vehicle was first registered prior to 1 January 2004
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Category
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Vehicles in Category
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AM
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Two-wheel vehicles or three-wheel vehicles, other than with twinned wheels, 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 cm3.
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A1
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A1 motorcycle, other than with twinned wheels, without sidecar, with a cubic capacity of at least 115 cm3 and not exceeding 125 cm3, and with an engine power not exceeding 25 kW and capable of a speed of at least 90 km/h. Where the motorcycle has an electric motor the power to weight ratio shall be not less than 0.08 kW/kg.
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A2
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A2 motorcycle other than with twinned wheels, without sidecar, with a cylinder capacity of at least 395 cm3, and an engine power of at least 25 kW and not exceeding 35 kW.Where the motorcycle has an electric motor the power to weight ratio shall be not less than 0.15 kW/kg.
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A
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Motorcycle, other than with twinned wheels, without sidecar, with a cylinder capacity of at least 595 cm3, and an engine power of at least 40 kW.Where the motorcycle has an electric motor the power to weight ratio shall be not less than 0.25 kW/kg.
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B
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Category B vehicle capable of a speed of at least 100 km/h.
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BE
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A combination, made up of a category B test vehicle with trailer, which should be either:(a) a four-wheel drive vehicle and trailer, or(b) a vehicle with a minimum length of at least 4.25 metres and trailer.The trailer used shall have a maximum total mass of at least 1,400 kilograms and not greater than 3,500 kilograms, and have internal dimensions of at least 2.4 metres by 1.2 metres. The trailer shall be presented with a minimum of 800 kilograms real total mass.
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C1
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Category C1 vehicle with a maximum authorised mass of at least 4,000 kilograms and capable of a speed of at least 80 km/h.
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C1E
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A combination, made up of a category C1 test vehicle with trailer, having a combined length of at least 8 metres. The trailer used shall have a maximum total mass of at least 2,000 kilograms and have internal dimensions of at least 2.4 metres by 1.2 metres. The trailer shall be presented with a minimum of 800 kilograms real total mass.
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C
|
Category C vehicle with a maximum authorised mass of at least 10,000 kilograms, a length of at least 7 metres, and capable of a speed of at least 80 km/h. The vehicle shall be presented with a minimum of 10,000 kilograms real total mass.
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CE
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Articulated vehicle having a combined maximum total mass of at least 18,000 kilograms and an overall length of at least 12 metres, capable of a speed of at least 80 km/h. The trailer shall be presented with a minimum of 15,000 kilograms real total mass.
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D1
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Category D1 vehicle capable of a speed of at least 80 km/h.
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D1E
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A combination, made up of a category D1 test vehicle with trailer. The trailer used shall have a maximum total mass of at least 1,400 kilograms and have internal dimensions of at least 2.4 metres by 1.2 metres. The trailer shall be presented with a minimum of 800 kilograms real total mass.
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D
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Category D vehicle having passenger accommodation for more than 16 persons, being at least 9 metres in length, and capable of a speed of at least 80 km/h.
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DE
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A combination, made up of a category D test vehicle, with a trailer having a width of at least 2.4 metres and a length of at least 1.2 metres, and a maximum authorised mass of at least 1,400 kilograms. The trailer shall be presented with a minimum of 800 kilograms real total mass.
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W
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Work vehicle and land tractor.
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”
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GIVEN under my Official Seal,
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29 October 2013.
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LEO VARADKAR,
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Minister for Transport, Tourism and Sport.
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