Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) Regulations 2017.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Commercial Vehicle Roadworthiness (Vehicle Testing) (Amendment) Regulations 2017.
(2) Subject to paragraph (3), these Regulations come into operation on 20 May 2018.
(3) Regulations 4 and 8 come into operation on insofar as they relate to the substitution of Regulations 4(2) and 9 of the Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations respectively.
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paragraphs: In these Regulations “Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations” means the Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations 2013 ( S.I. No. 347 of 2013 ).
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paragraphs: The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended in Regulation 3 by:
(a) deleting the definitions of “category”, “periodic CVR test”, “Regulations of 2004”, “Regulations of 2013”, “re-test”, ”Roadworthiness Directive”, “test due date”, “trailer” and “Type-approval Framework Directive”; and
(b) inserting the following definitions:
“’Agricultural Vehicle Type-approval Framework Regulation’ means Regulation (EU) No. 167/2013 of the European Parliament and of the Council of 5 February 20132 on the approval and market surveillance of agricultural and forestry vehicles, as last amended by Regulation (EU) No. 2016/17883 ;
‘category’,
(a) in relation to a vehicle other than a tractor, means a category of vehicle within the meaning of Annex II to the Type-approval Framework Directive and references to particular categories of vehicle are to those categories of vehicle specified in that Annex, or
(b) in relation to a tractor, means a Category T vehicle within the meaning of Article 4 of the Agricultural Vehicle Type-approval Framework Regulation;
‘commercial road haulage’ means carriage of goods or passengers for hire and reward and carriage of goods by a person in the course of a trade or business carried on by him for the purpose of delivery to a customer in a vehicle owned by that person;
‘converted vehicle’ means a vehicle which, having undergone a post registration conversion, has changed category and has become a CVR vehicle;
‘date of conversion’ means, in the case of a converted vehicle, the date recorded on the Declaration of Conversion submitted to the issuing authority and subsequently entered into the CVR information system;
‘Declaration of Conversion’ means the declaration of conversion of a vehicle submitted to the issuing authority or the Revenue Commissioners in accordance with section 131 of the Finance Act 1992 ;
‘periodic CVR test’ means a test carried out on a vehicle in accordance with Regulation 16, other than a re-test, a partial CVR test or a recall test, and includes a test carried out on a vehicle on its first test due date;
‘post registration conversion’ means the conversion of a vehicle after the date of first registration such that it changes category and becomes a CVR vehicle with updated registration details;
‘Regulations of 2013’ means the Commercial Vehicle Roadworthiness (Vehicle Testing) Regulations 2013 ( S.I. No. 106 of 2013 ) as amended;
‘re-test’ means any test subsequent to a periodic CVR test which is carried out on a vehicle in accordance with Regulation 16 on foot of the refusal of a pass statement for that vehicle at the periodic CVR test where:
(a) the subsequent test is carried out on a day which is not more than 21 calendar days immediately after the day of the periodic CVR test, and
(b) the reading of the vehicles odometer at presentation for the subsequent test is no more than 4,000 kilometres greater than the reading at the time when the periodic CVR test was carried out;
‘Roadworthiness Directive’ means Directive 2014/45/EU of the European Parliament and of the Council of 3 April 20141;
‘test due date’ shall be construed in accordance with Regulations 5 to 9B;
‘trailer’ means a vehicle attached to a mechanically propelled vehicle (or to another vehicle attached to a mechanically propelled vehicle) or a vehicle constructed or adapted for the purpose of being drawn by a mechanically propelled vehicle and for the purposes of these Regulations includes:
(a) goods trailers, and
(b) trailers designed and constructed for the carriage of persons, as well as for the accommodation of persons, having a design gross vehicle weight exceeding 3,500 kilograms;
‘Type-approval Framework Directive’ means Directive 2007/46/EC of the European Parliament and of the Council of 5 September 20074 , as last amended by Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 20155 ;”.
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paragraphs: The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Regulation 4:
“Application — CVR vehicles
4. (1) Subject to paragraphs (2) and (3) these Regulations apply to the following vehicles:
(a) vehicles with more than 8 seats, excluding the drivers seat, used for the carriage of passengers and their luggage (categories M2 and M3) with a design speed exceeding 25km/hr;
(b) goods vehicles (categories N1, N2 and N3) with a design speed exceeding 25km/hr;
(c) trailers (categories O3 and O4) with a design speed exceeding 25km/hr;
(d) ambulances (special purpose vehicles in category M) with a design speed exceeding 25km/hr;
(e) motor caravans (special purpose vehicles in category M) with a design speed exceeding 25km/hr;
(f) tractors in category T with a maximum design speed exceeding 40km/hr, the use of which takes place on public roads for commercial road haulage purposes at a distance exceeding 25 km from the address at which the owner ordinarily resides or carries on business.
(2) These Regulations do not apply:
(a) to vehicles which are used by the Defence Forces or An Garda SÃ­ochÃ¡na;
(b) to vehicles of a category other than those listed in paragraphs (a) to (f) of paragraph (1) used for agricultural, horticultural, forestry, farming or fishery purposes–
(i) on the terrain where such activity takes place, or
(ii) in a public place for the purposes of accessing that terrain;
(c) subject to paragraph (3), to vehicles listed in indents (a) to (f) of paragraph (1) with a date of first registration prior to 1 January 1980 provided such a vehicle is being used solely for non-commercial purposes.
(3) From 1 January 2020, these regulations apply to vehicles listed in indents (a) to (f) of paragraph (1) except where such a vehicle has reached the fortieth anniversary of the date of first registration and is being used solely for non-commercial purposes.
(4) Regulation 5 does not apply to vehicles that are not registered in the State.”.
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paragraphs: The Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations are amended by substituting the following for Regulation 6:
“Test due dates
6. (1) Subject to Regulations 7, 8, 9, 9A and 9B the following shall be the test due dates in respect of a CVR vehicle:
(a) the first test due date;