S.I. No. 681/2011 - Road Traffic (Courses of Instruction) (Motorcycles) Regulations 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th December, 2011.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by sections 42(2)(inserted by section 10 of the Road Traffic Act 2006 (No. 23 of 2006)) of the Road Traffic Act 1961 (No. 24 of 1961) and section 18 (as amended by section 85 (a) to (c) of the Road Traffic Act 2010 (No. 25 of 2010)) of the Road Traffic Act 1968 (No. 25 of 1968) 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:

PART 1

Preliminary and General

Citation

1. These Regulations may be cited as the Road Traffic (Courses of Instruction) (Motorcycles) Regulations 2011.

Interpretation

2. (1) In these Regulations—

“Authority” means Road Safety Authority;

“category” means a category of vehicle set out in the Table to Regulation 6 of the Driver Licensing Regulations and includes a sub-category of a category;

“code 73” and “code 78” have the meanings assigned to them by Regulation 32 of the Driver Licensing Regulations;

“driving instructor” means a person whose name is entered in the Register of Approved Driving Instructors maintained under Regulation 17 of the Regulations of 2009 and who holds a driving instructor’s licence in respect of driving licence category A;

“driving instructor’s licence” means a driving instructor’s licence issued under Regulation 15(1) of the Regulations of 2009;

“Driver Licensing Regulations” means Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 );

“examiner” means a person appointed by the Authority under Regulation 42 of the Regulations of 2009;

“IBT certificate” means a certificate of satisfactory completion of initial basic training for motorcyclists issued under Regulation 9;

“IBT course” means a course of initial basic training for motorcyclists;

“initial basic training for motorcyclists” has the meaning assigned to it by Regulation 5;

“moped” and “motorcycle” have the meanings assigned to them by Regulation 3(1) of the Driver Licensing Regulations;

“Regulations of 2009” means Road Traffic (Driving Instructor Licensing) (No. 2) Regulations ( S.I. No. 203 of 2009 );

“relevant category” means any of the following categories of vehicle:

(a) A,

(b) A1,

(d) B where code 73 is denoted on a learner permit and the permit holder intends to ride a tricycle;

“trainer” means a driving instructor who has entered into arrangements with the Authority to provide Initial Basic Training for Motorcyclists;

“training centre” means a premises approved by the Authority for the purposes of the provision of initial basic training for motorcyclists;

“tricycle” has the meaning assigned to it by Regulation 3(1) of the Driver Licensing Regulations;

(2) A reference in these Regulations to a driving licence of a particular category is a reference to a driving licence that authorises the holder to drive, in the State, a vehicle in that category.

Application

3. These Regulations apply to a person to whom a first learner permit is issued after the making of these Regulations in respect of any of the following categories of vehicle as set out in the Table to Regulation 6 of the Driver Licensing Regulations:

(a) A,

(b) A1,

(d) B, where code 73 is denoted on the learner permit and permit holder intends to ride a tricycle.

PART 2

Initial basic training courses for motorcyclists

Requirement for motorcycle learner permit holders to undergo IBT course.

4. (1) A person who is issued with a first learner permit—

(a) shall undergo an IBT course in respect of the vehicle category he or she wants to drive, and

(b) shall not drive that vehicle in a public place unless he or she—

(i) is driving the vehicle while taking part in an IBT course for that category of vehicle, or

(ii) holds an IBT certificate in respect of the category of vehicle being driven and carries the certificate with him or her while so driving.

(2) A person who is issued with an IBT certificate in respect of an IBT course undertaken while driving a tricycle may not drive a motorcycle or moped unless he or she—

(a) is driving such a vehicle in the course of taking part in an IBT course, or

(b) holds an IBT certificate in respect of category A, A1 or M as appropriate and carries the certificate with him or her while so driving.

(3) A person whose learner permit has code 78 denoted on it may not drive a relevant vehicle other than one to which code 78 applies, unless he or she is driving the vehicle in the course of taking part in an IBT course in respect of the category of vehicle being driven.

(4) The prohibitions on driving referred to in paragraphs (1)(b), (2) and (3) are conditions of the person’s learner permit.

(5) Where a person—

(a) is issued with an IBT certificate under Regulation 9 in respect of an IBT course specified in column (1) of the Table to this Regulation, and

(b) the person is carrying the certificate with him or her while driving,

the person may drive any of the categories of vehicle specified in column (2) opposite the course mentioned in column (1).

TABLE

Initial basic training course(1)	Vehicle categories on learner permit(2)
A	A, A1, M
A1	A1, M
M	A1, M
B tricycle	B with code 73 denoted on it

(6) A person who is issued with a first learner permit in respect of a relevant category shall not undergo a test for a certificate of competency during the validity period of that learner permit or the validity period of a subsequent learner permit in respect of a relevant category unless he or she holds an IBT certificate for the category in relation to which the test is to be carried out.

(7) Paragraphs (1), (2) and (3) are penal provisions.

IBT courses

5. (1) Initial basic training for motorcyclists and IBT courses may only be given by trainers.

(2) The Authority may enter into arrangements with a driving instructor to provide initial basic training for motorcyclists in accordance with such criteria the Authority decides.

(3) An IBT course shall consist of training in procedures and processes in each of 4 modules as set out in Schedule 1.

(4) Each module must be taken in sequence and the course must be completed within two years of satisfactory completion of the first module.

(5) The duration of each module shall not be less than the minimum number of hours of training in respect of the module concerned as set out in Schedule 1.

(6) A trainee shall not advance to the next module or any subsequent module of an IBT Motorcycles course unless he or she has demonstrated to the satisfaction of the trainer the necessary proficiency in the procedures and processes of the preceding module.

(7) Where a trainee uses his or her own vehicle while undertaking an IBT course, he or shall ensure that the vehicle complies with the minimum vehicle standards as applies to vehicles first registered on or after 1 January 2004 specified in Schedule 5 to the Driver Licensing Regulations.

Exemptions from modules

6. (1) A person who holds an IBT certificate in respect of IBT course B tricycle who intends to drive a vehicle in category A, A1 or M must successfully complete modules 2 and 4 in respect of the category of vehicle he or she intends to drive before being issued with an IBT certificate in respect of that category.

(2) A person who holds an IBT certificate in respect of IBT course A1 or M who intends to drive a vehicle in category A must successfully complete training in modules 2 and 4 in respect of that category before being issued with an IBT certificate for that category.

(3) A person whose learner permit has code 73 denoted on it and who is undertaking an IBT course in respect of B tricycle shall not be required to balance the vehicle set out in module 1.

Obligations of trainers during IBT courses

7. A trainer shall ensure that—

(a) the maximum number of trainees participating in a course at any one time does not exceed—

(i)12 in classroom accommodation,

(ii)4 on a compound, and

(iii)2 when instruction is provided in a public place,

(b) when providing instruction in respect of module 4 of an IBT course, he or she is riding a motorcycle, and

(c) a vehicle to be provided by the trainer for a trainee or to be used by the trainer during an IBT course complies with the minimum vehicle standards as applies to vehicles first registered on or after 1 January 2004 specified in Schedule 5 to the Driver Licensing Regulations.

Logbooks

8. (1) The Authority shall make available, for purchase by trainers, logbooks for the purposes of IBT courses.

(2) Where a trainer is satisfied that a trainee has satisfactorily completed a module of an IBT course, the trainer shall indicate this in the trainee’s logbook, by completing and stamping the relevant page.

(3) Only a trainer or an examiner may complete any part of a logbook which is to be completed by a trainer and any such part which is completed by a person who is not a trainer or an examiner is null and void.

Initial basic training certificate

9. (1) Where a trainer is satisfied that a trainee has satisfactorily completed an IBT course mentioned in column (1) of the Table to Regulation 4, the trainer shall issue the trainee with an IBT certificate.

(2) An IBT certificate shall be in the form set out in Schedule 2.

(3) An IBT certificate shall be signed immediately by the person to whom it is issued.

Duplicate IBT certificate

10. (1) A person to whom an IBT certificate is issued may apply to the Authority for the issue to him or her of a duplicate IBT certificate if his or her original certificate has been lost, stolen or destroyed, or damaged so as to be no longer readable.

(2) The application shall be made in such form as is specified by the Authority and shall be accompanied by a fee of €10.00.

(3) A duplicate IBT certificate issued under paragraph (1) has the same effect for all purposes as the original.

Review of assessment by examiner

11. (1) Where a trainee undertakes an IBT course and fails to pass any one or more of the required modules or fails to obtain an IBT certificate, as the case may be, the trainee may request the Authority to appoint an examiner to carry out an assessment of the trainee’s knowledge and ability in the procedures and processes concerned.

(2) Following an assessment under paragraph (1), an examiner may do any or more of the following:

(a) issue the trainee with a notice indicating where the examiner considers improvement is required,

(b) record on the logbook that the examiner is satisfied that the trainee has satisfactorily completed the module or modules and sign the logbook in the required place, or

PART 3

Records

Training records

12. (1) A trainer shall keep a record, in such form as may be determined by the Authority, for each trainee to whom he or she gives instruction.

(2) A trainer, when issuing an IBT certificate, shall send a copy of the certificate to the Authority and shall retain the counterfoil for his or her records.

(3) A trainer shall make the records referred to in paragraphs (1) and (2) available for inspection by an examiner at any reasonable time and place on reasonable notice.

(4) A trainer shall retain records under this Regulation for a period of 2 years after the date of the last instruction he or she gives to the trainee in relation to which the records relate.

Inspection of records by examiner

13. An examiner may attend any part of a course of initial basic training for motorcyclists and may request for inspection from a trainer any of the following:

(a) the name of any person currently receiving training or who has received training at any time within the previous 2 years,

(b) copies of training logs currently applicable or applicable any time within the previous 2 years,

(d) counterfoils of IBT certificates issued by the trainer at any time within the previous 2 years.

SCHEDULE 1

Initial Basic Training for Motorcyclists Modules

MODULE 1

Minimum duration of 3 hours to cover all learning points

1. Understanding of the role of the Motorcyclist’s protective equipment (Helmet, Visor and Goggles, Jacket, Trousers, Boots, Gloves, Wet gear and Motorcycle fairings).

2. Primary and secondary controls of the Motorcycle.

3. Basic Technical checks.

4. How to take the machine Off and On both Stands (where fitted).

5. Basic safety checks (Petrol, Oil, Water, Damage, Electrics, and Rubber).

6. How to walk alongside the motorcycle keeping it properly balanced.

7. Necessary precautions prior to starting the engine — Fuel, Ignition, Gear, Start.

8. How to start and stop the engine.

MODULE 2

Minimum duration of 5 hours to cover all learning points

1. On site riding (Compound).

2. Move Off and Stop.

3. Use of brakes.

4. Use of gears.

5. Slow riding.

6. Figure of Eight

7. U — turn.

8. Slalom.

9. Rear observations and mirror work.

10. Turning left and right.

11. Emergency adjustment of speed.

12. Emergency Stop.

MODULE 3

Minimum duration of 2 hours to cover all learning points

1. Legal requirements.

2. Rules of the road.

3. Being seen.

4. Road surfaces.

5. Road and lane position.

6. Rear observation and mirror work.

7. Speed.

8. Anticipation/reaction.

9. Weather conditions.

MODULE 4

Minimum duration of 6 hours on the road to cover all learning points

PRACTICAL ON ROAD RIDING

Note: When riding on the public road a trainee will always be accompanied by an R.S.A approved instructor. A trainee will need a good knowledge and understanding of the rules of the road and be able to deal with a variety of road and traffic situations and conditions.

1. Gradients.

2. Junctions.

3. Traffic lights.

4. Roundabouts.

5. Safe distance.

6. Anticipation/reaction.

7. Pedestrian crossings.

8. Bends.

SCHEDULE 2

Certificate of Satisfactory Completion of Initial Basic Training Course

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GIVEN under my Official Seal,

20 December 2011.

LEO VARADKAR,

Minister for Transport, Tourism and Sport.