Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers (Amendment) Regulations 2017.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers (Amendment) Regulations 2017.
(2) These Regulations come into operation on 20 May 2018.
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paragraphs: In these Regulations “Regulations of 2013” means the Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013 ( S.I. No. 107 of 2013 ).
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paragraphs: The Regulations of 2013 are amended in Regulation 3 by:
(a) deleting the definitions of “category”, “company”, “CVR vehicle”, “design gross weight”, “heavy CVR vehicle”, “light CVR vehicle”, “partial CVR test”, “re-test” and “Regulations of 2004”; 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 Directive4 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 Regulation2;
‘company’ means a company formed and registered under the Companies Act 2014 (No. 38 of 2014) or an existing company within the meaning of that Act;
‘CVR vehicle’ means—
(a) a vehicle 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) a goods vehicle (categories N1, N2 and N3) with a design speed exceeding 25km/hr,
(c) an ambulance (special purpose vehicles in category M) with a design speed exceeding 25km/hr,
(d) a motor caravan (special purpose vehicles in category M) with a design speed exceeding 25km/hr,
(e) a tractor in category T with a maximum design speed exceeding 40km/hr, the use of which mainly takes place on public roads for commercial road haulage purposes, or
(f) a trailer (categories O3 and O4) with a design speed exceeding 25km/hr;
‘design gross vehicle weight’ means the gross weight of a vehicle laden with the heaviest load which it can reasonably carry having regard to the engine capacity, brakes, tyres and general construction of such vehicle and shall, until the contrary is shown, be taken to be its design gross weight as specified by the manufacturer or, where the design gross weight of the vehicle as specified by the manufacturer is not ascertainable, the design gross weight of the vehicle as specified by an automotive engineer;
‘heavy CVR vehicle’ means a CVR vehicle having a design gross vehicle weight exceeding 3,500 kilograms including category M2 vehicles and ambulances (special purpose vehicles in category M);
‘light CVR vehicle’ means a CVR vehicle which is not a heavy CVR vehicle;
‘nominated training provider’ means a person or body prescribed by the Minister under section 4 (2)(g) of the Act of 2012;
‘partial CVR test’ means a roadworthiness test of a CVR vehicle on foot of a direction issued under—
(a) section 31 or 35 of the Act of 2012, by an authorised officer, or
(b) section 35 of the Act of 2012, by a CVR inspector,
in respect of one or more items specified in regulations made under section 4(2)(c) of the Act of 2012;
‘re-test’ means any test subsequent to an initial or periodic CVR test which is carried out on a vehicle in accordance with Regulation 16 of the Commercial Vehicle Roadworthiness (Vehicle Testing) (No. 2) Regulations 2013 ( S.I. No. 347 of 2013 ), as amended, on foot of the refusal of a pass statement for that vehicle at its initial or 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 initial or periodic CVR test, as the case may be, 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 that initial or periodic CVR test was carried out;
‘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 Regulations of 2013 are amended by substituting the following for Regulation 11:
“CVR testers — application for authorisation