European Communities (Vehicle Drivers Certificate of Professional Competence) (No. 2) Regulations 2008
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Vehicle Drivers Certificate of Professional Competence) (No. 2) Regulations 2008.
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paragraphs: (1) In these Regulations—
(a) initial qualification under Regulation 7, or
(b) periodic retraining under Regulation 12 (5);
(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
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paragraphs: (1) For the purposes of these Regulations and the Directive, the Authority is the competent authority for the State.
(2) The Authority is responsible for—
(a) organising initial CPC tests,
(b) appointing and approving centres to carry out compulsory periodic retraining courses,
(c) drawing-up the syllabi for compulsory periodic retraining courses, and
(d) issuing driver qualification cards
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paragraphs: (1) The Authority shall direct the forms, declarations and other document to be used for the purposes of these Regulations.
(2) The Authority may cause to be printed and provided the forms of the CPC and of applications for CPC and of declarations, records, returns, books of account and other documents required under these Regulations or being reasonably necessary for the purpose of these Regulations.
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paragraphs: Fees received by the Authority under these Regulations may be retained by it as income of the Authority.
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paragraphs: (1) These Regulations apply to a person driving a relevant vehicle (other than a vehicle referred to in paragraph (2)) in a public place who is—
(a) a citizen of Ireland
(b) a national of another Member State, or
(c) a national of a third country who is employed or used by an undertaking established in a Member State.
(2) These Regulations do not apply to the driving of a vehicle which—
(a) has a maximum authorised speed not exceeding 45 kilometres per hour,
(b) is used by, or under the control of—
(i) the Garda SÃ­ochÃ¡na,
(ii) the Defence Forces
(iii) a fire brigade, or
(iv) the Civil Defence,
(c) is undergoing road tests for technical development, repair or maintenance purposes,
(d) is new or rebuilt and has not yet been put into service,
(e) is used in a state of emergency or in rescue missions,
(f) is used by a person in the course of a driving lesson or a driving test for the purposes of obtaining a driving licence or a CPC,
(g) is used for the carriage of passengers or goods for personal use and not for commercial purposes, or
(h) is carrying material or equipment for use by the driver in the course of his or her work, provided that the driving of the vehicle is not the driver’s principal activity or occupation.
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paragraphs: (1) An initial CPC test shall be organised by the Authority.
(2) An applicant for an initial CPC test is not required to hold a driving licence in respect of the category of vehicle being driven in the course of the test.
(3) The age set out in column (2) of the Table below, opposite the mention of a category in column (1) of the Table, is the age below which a person is prohibited from making application for an initial CPC test in respect of the vehicle of that category.
(4) An initial CPC test shall consist of the theoretical and practical tests referred to in section 2 (2.2) of Annex I to the Directive.
(5) Where a person successfully completes the tests referred to in paragraph (4), the Authority shall issue him or her with an initial CPC.
(6) A driver holding a CPC for a relevant vehicle in a particular category who wishes to obtain a CPC in another category is not required to undertake the elements of the tests that are common to every category, but is only required to undertake those elements of the tests that are specific to the category of vehicle for which he or she is seeking qualification.
(7) Subject to Regulation 11, a person to whom these Regulations apply shall not drive a relevant vehicle in a public place after the date specified in paragraph (8) unless he or she has an initial CPC.
(8) The specified date for the purposes of paragraph (7) is-
(a) 10 September 2008, for a vehicle of category D1, D1+E, D and D+E, and
(b) 10 September 2009, for a vehicle of category C1, C1+E, C and C+E.
(9) A person who contravenes paragraph (7) commits an offence and is liable on summary conviction to a fine not exceeding €2,000.
(10) Notwithstanding the fee which is payable under Regulation 25 of the Regulations of 2006, an applicant for the initial CPC test shall pay to the Authority in the case of the—
(a) multiple choice part of theoretical test, a fee of €70,
(b) case study part of the theoretical test, a fee of €70, and
(c) in the case of the practical test, a fee of €32.
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paragraphs: (1) There shall be a service, to be known as the Driver Theory Testing Service, to carry out theoretical tests to be conducted by a person designated by the Authority with whom the Authority has entered into a contract for that purpose.
(2) The Authority may revoke a designation under paragraph (1) where it considers the person designated is not conducting tests in accordance with Annex I to the Directive or is not complying with the contract entered into between the person and the Authority in respect of conducting theoretical tests.
(3) The theoretical test shall consist of two parts—
(a) a test comprised of multiple choice questions chosen by the Driver Theory Testing Service from the question bank and
(b) a test based on case studies prepared by the Driver Theory Testing Service derived from material in the question bank.
(4) The Driver Theory Testing Service shall publish the questions in the question bank.
(5) There shall be separate theoretical tests in relation to applicants for vehicles of categories C and D.
(6) The tests in relation to—
(a) vehicles of categories C shall commence with effect from 10 September 2009,
(b) vehicles of categories D shall commence with effect from 10 September 2008.
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paragraphs: (1) A practical test shall—
(a) be conducted by a driver tester,
(b) consist of a practical test in driving in a vehicle, driven by the applicant, of the category in respect of which the application made for a certificate of competency relates,
(c) be of such a nature as to enable the driver tester to satisfy himself or herself whether the applicant—
(i) has a satisfactory knowledge of the Rules of the Road,