Commercial Vehicle Roadworthiness (Roadside Enforcement) Regulations 2018.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: (1) These Regulations may be cited as the Commercial Vehicle Roadworthiness (Roadside Enforcement) Regulations 2018.
(2) These Regulations shall come into operation on 20 May 2018.
num: 2
paragraphs: (1) In these Regulations—
(a) an inspection report referred to in Regulation 5,
(b) an inspection report under the European Communities (Random Roadside Vehicle Inspection) Regulations 2003 ( S.I. No. 227 of 2003 ) or a form used in lieu of that form under—
(i) the European Communities (Commercial Vehicles Roadside Check Forms) Regulations 2010 ( S.I. No. 103 of 2010 ), or
(ii) the European Communities (Commercial Vehicles Roadside Check Forms) (Irish Language Form) Regulations 2011 ( S.I. No. 88 of 2011 ),
(c) a technical roadside inspection report issued by a competent authority or inspector of another Member State in accordance with the Directive or Directive 2000/30/EC of the European Parliament and of the Council of 6 June 20003 ;
(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.
(3) In these Regulations a reference to an Annex is to an Annex to the Directive.
(4) The following regulations are revoked:
(a) the European Communities (Random Roadside Vehicle Inspection) Regulations 2003 ( S.I. No. 227 of 2003 );
(b) the European Communities (Random Roadside Vehicle Inspection) (Amendment) Regulations 2004 ( S.I. No. 98 of 2004 );
(c) the European Communities (Commercial Vehicles Roadside Check Forms) Regulations 2010 ( S.I. No. 103 of 2010 );
(d) the European Communities (Commercial Vehicles Roadside Check Forms) (Irish Language Form) Regulations 2011 ( S.I. No. 88 of 2011 );
(e) the European Communities (Random Roadside Vehicle Inspection) (Amendment) Regulations 2011 ( S.I. No. 608 of 2011 ).
num: 3
paragraphs: (1) Subject to paragraph (2), these Regulations apply to the following vehicles irrespective of the country of registration of the vehicle:
(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) wheeled tractors in category T with a maximum design speed exceeding 40km/hr.
(2) These Regulations do not apply to vehicles owned or operated by the Garda SÃ­ochÃ¡na or the Defence Forces.
(3) In this Regulation “category”, “goods vehicle” and “tractor” each has the same meaning as it has in the Vehicle Testing Regulations.
num: 4
paragraphs: (1) An initial technical roadside inspection (“initial inspection”) shall include at least one of the following:
(a) a visual assessment of the maintenance condition of the vehicle when stationary;
(b) an examination of—
(i) any inspection report issued in respect of the vehicle no earlier than three months prior to the date of the initial inspection, or
(ii) any documentation attesting to the vehicle’s technical roadworthiness in particular, in the case of a vehicle put into service in a Member State, any certificate of roadworthiness or other proof that the vehicle has undergone a statutory technical roadworthiness test in accordance with the Directive or Directive 2009/40/EC of 6 May 20094 on roadworthiness tests for motor vehicles and their trailers;
(c) an examination of the vehicle to verify that any defects indicated in a report or other documentation referred to in paragraph (b) has been rectified;
(d) subject to paragraph (5), an inspection for irregularities in relation to one or more of the items specified in point 1 of Annex II.
(2) Based on the outcome of the initial inspection a CVR inspector shall determine whether or not to carry out a more detailed technical roadside inspection (“more detailed inspection”) of the vehicle.
(3) Where a CVR inspector determines that a more detailed inspection is required the inspector may require that the vehicle be transported to a CVR testing centre for the purposes of the inspection.
(4) A more detailed inspection shall cover those items listed in Annex II that the CVR inspector considers necessary and relevant having regard, in particular, to the safety of the brakes, tyres, wheels and chassis, the particular defect, and the recommended methods applicable to the testing of those items.
(5) A CVR inspector shall have regard to the documents referred to in paragraph (1)(b) before carrying out a more detailed inspection and where these documents show that an inspection of an item listed in point 1 of Annex II was carried out during the period of three months immediately preceding the initial inspection, that item shall not be inspected again unless the CVR inspector is satisfied that there is an obvious defect or irregularity affecting such item.
num: 5
paragraphs: (1) On the completion of an inspection of a vehicle the CVR inspector shall draw up a report relating to the inspection and give a copy of it to the driver of the vehicle either—
(a) by hand, or
(b) with the consent of the driver, in electronic form by email.