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S.I. No. 104/2012 - Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th April, 2012.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, 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) (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:

1. These Regulations may be cited as the Road Traffic (National Car Test) (Amendment) (No. 2) Regulations 2012.

2. In these Regulations, “Principal Regulations” means the Road Traffic (National Car Test) Regulations 2009 ( S.I. No. 567 of 2009 ).

3. The Principal Regulations are amended as follows:

By substituting for Regulation 10(1)—

“Subject to paragraph (2) and (3A), 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.”

At Regulation 10 by adding the following after subsection (3)—

“(3A) Where the issuing authority exercises its discretion to carry out the test or a re-test notwithstanding Regulation 5(f), the issuing authority may refuse to issue a test certificate for the vehicle tested until it receives the required identification from the person who presented the vehicle to be tested.”

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GIVEN under my Official Seal,

2 April 2012.

LEO VARADKAR,

Minister for Transport Tourism and Sport.

EXPLANATORY NOTE

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

These Regulations provide that the National Car Testing Service may refuse to issue a test certificate if required identification is not presented, until such required identification is presented.

For these purposes, these Regulations amend the Road Traffic (National Car Test) Regulations 2009 ( S.I. No. 567 of 2009 ).