Road Traffic (National Car Test) (Amendment) Regulations 2011.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Road Traffic (National Car Test) (Amendment) Regulations 2011.
(2) These Regulations come into operation on 3 January 2012.
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paragraphs: In these Regulations, “Principal Regulations” means the Road Traffic (National Car Test) Regulations 2009 ( S.I. No. 567 of 2009 ).
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paragraphs: Regulation 2(1) of the Principal Regulations is amended by inserting the following definition after the definition of “advisory fail”:
“ ‘age’, in relation to a vehicle, means the time that has elapsed since the date on which the vehicle first entered into service;”
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paragraphs: Regulation 3 of the Principal Regulations is amended—
(a) by substituting for paragraph (1) the following:
“Section 18 and these Regulations apply to a vehicle, other than a small public service vehicle or a vehicle mentioned in paragraph (4)—
(a) where the vehicle was first registered—
(i) before 1 January 1992, from the anniversary of first registration of the vehicle which occurred in the year 2000,
(ii) between 1 January 1992 and 31 December 1996, from the anniversary of first registration of the vehicle which occurred in the year 2001, or
(iii) between 1 January 1997 and 31 December 1998, from the anniversary of first registration of the vehicle which occurred in the year 2002,
(b) in the case of a vehicle that is not new and is brought permanently into the State—
(i) where the age of such vehicle is four years or greater on the date it is brought into the State, from that date, or
(ii) if clause (i) is not applicable, from the date on which the age of such vehicle is four years, or
(c) in all other cases, from the fourth anniversary of first registration of the vehicle.”,
(b) by substituting for paragraph (2) the following:
“The test due dates for a vehicle mentioned in paragraph (1) are as follows—
(a) for a vehicle coming within paragraph (1)(a) or (c), the anniversary dates mentioned in the relevant subparagraph and—
(i) from the tenth anniversary of first registration of the vehicle, each subsequent anniversary of those dates, or
(ii) where clause (i) does not apply, each subsequent biennial of those dates,
(b) for a vehicle coming within paragraph 1(b)(i), the date on which it is brought into the State and each subsequent anniversary of that date, and
(c) for a vehicle coming within paragraph 1(b)(ii), the date on which the age of the vehicle is four years and each subsequent anniversary of that date.”
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paragraphs: The Principal Regulations are amended by inserting after Regulation 7 the following:
“Further tests
7A.(1) The issuing authority may—
(a) within 48 hours of the issue of the test report or test certificate consequent on a test, at its absolute discretion, or
(b) at any other time, where it is of the opinion that a test certificate should not have issued consequent on a test,
require the vehicle the subject of the test to undergo a further test.
(2) Where a further test is required under paragraph (1), until such further test is carried out, the owner or presenter of the vehicle to be tested is to be regarded as having complied with his or her obligations under these Regulations.
(3) Any further test being carried out in accordance with paragraph (1) may be a test of all the elements required to be tested under these Regulations or such elements as may be specified by the issuing authority.
(4) No fee shall be payable under Regulation 6(1) in respect of a further test required under paragraph (1).
(5) The test report issued in connection with a further test carried out in accordance with paragraph (1) shall replace the test report issued in connection with the previous test to the extent of the elements being tested.
(6) Where a further test is carried out in accordance with paragraph (1) and there is a discrepancy between the test report for that further test and the test report for the previous test, the test report for the further test shall prevail.
(7) Where a further test is carried out in accordance with paragraph (1) and—
(a) the test report issued for such further test shows a reason for a refusal of a test certificate in relation to the relevant vehicle; and
(b) in the case of a further test required under paragraph (1)(b) only, the issuing authority is of the opinion that this reason would have existed on the date the previous test was carried out,
any test certificate issued consequent on the previous test shall be, without further act, revoked.”
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paragraphs: The Principal Regulations are amended by substituting for Schedule 3 the Schedule set out in the Schedule to these Regulations.