Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 6th January, 2017. | ||
I, SHANE ROSS, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving further effect to Directive No. 2006/126/EC of the European Parliament and of the Council of 20 December 20061 as amended by Commission Directive No. 2015/653/EU of 24 April 20152 , hereby make the following regulations: | ||
1. (1) These Regulations may be cited as the European Union (Licensing of Drivers) Regulations 2016. | ||
(2) These Regulations come into operation on 1 January 2017. | ||
2. In these Regulations— | ||
“No. 3 Regulations of 2013” means the Road Traffic (Licensing of Drivers) (Amendment) (No. 3) Regulations 2013 ( S.I. No. 420 of 2013 ); | ||
“Regulations of 2013” means the Road Traffic (Licensing of Drivers) (Amendment) Regulations 2013 ( S.I. No. 6 of 2013 ). | ||
3. The Road Traffic (Licensing of Drivers) Regulations 2006 ( S.I. No. 537 of 2006 ) are amended— | ||
(a) in Regulation 27(3), by substituting for subparagraph (b) the following: | ||
“(b) For the purposes of subparagraph (a) a driving licence shall, in addition to the categories set out in column (2) of the Table above— | ||
(i) in respect of category B, granted prior to 19 January 2013, be regarded from 19 January 2013 as also being a driving licence in respect of category A with the code 79.03, other than where the driving licence was for category B with the code 73, | ||
(ii) in respect of category A1, granted prior to 19 January 2013, be regarded from 19 January 2013 as a driving licence in respect of category A1 with the code 79.05, | ||
(iii) in respect of category BE, granted prior to 19 January 2013, be regarded from 19 January 2013 as a driving licence in respect of category BE with the code 79.06, | ||
(iv) in respect of category A, granted for the first time on or after 19 January 2013, other than a licence in respect of category A granted in accordance with clause (i), and where the holder is aged less than 24 years, and has not held a licence in respect of category A2 for a minimum period of 2 years, be regarded as a driving licence in respect of category A with the code 80, and | ||
(v) in respect of category A, granted for the first time on or after 19 January 2013, other than a licence in respect of category A granted in accordance with clause (i), and where the holder is aged less than 21 years, be regarded as a driving licence in respect of category A with the code 81.”, | ||
and | ||
(b) in Regulation 32— | ||
(i) by substituting for paragraph (1) (amended by Regulation 3 of the Regulations of 2013) the following: | ||
“(1) A certificate of competency shall denote the appropriate code or codes set out in column (1) of the Table below to indicate that the recipient of the certificate shall, on taking out a driving licence, be subject to driving vehicles with the restriction or restrictions set out in column (2) of that Table opposite the code in column (1). | ||
TABLE | ||
| ||
”, | ||
(ii) in paragraph (2) (amended by Regulation 3 of the No. 3 Regulations of 2013)— | ||
(I) by substituting for subparagraphs (a) and (b) the following: | ||
“(a) on a driving licence it grants the code or codes indicated on a certificate of competency as referred to in paragraph (1), and | ||
(b) on a driving licence or a learner permit it grants the appropriate code or codes set out in column (1) of the Table below to indicate the additional information or restrictions applicable to the licence or permit or to the licence holder or permit holder set out in column (2) of the Table.”, | ||
and | ||
(II) in the Table, by substituting for the codes 01 to 97 set out in column (1) of that Table and the additional information or restrictions set out in column (2) of that Table opposite those codes the following: | ||
“ | ||
”, | ||
and | ||
(iii) by substituting for paragraph (3) the following: | ||
“(3) A licensing authority shall— | ||
(a) indicate on a driving licence it grants by way of renewal of the licence— | ||
(i) the code 20 instead of code 25, where code 25, or | ||
(ii) the code 25 instead of code 20, where code 20, | ||
prior to 5 July 2004 was indicated on the previous licence, | ||
(b) indicate on a driving licence it grants by way of renewal of the licence— | ||
(i) category A with the code 79.03 where the person held a driving licence in category B prior to 19 January 2013 and where the person was not subsequently granted a first driving licence in category B, | ||
(ii) category A1 with the code 79.05 where the person held a driving licence in category A1 prior to 19 January 2013 and where the person was not subsequently granted a first driving licence in category A1, or | ||
(iii) category BE with the code 79.06 where the person held a driving licence in category BE prior to 19 January 2013 and where the person was not subsequently granted a first driving licence in category BE, | ||
(c) indicate on a driving licence it grants in exchange of a licence issued by a Member State where a sub-code of any of the codes 01 to 44 is denoted on the licence, the main code to which the restriction relates, | ||
(d) indicate on a driving licence it grants in exchange of a licence issued by a member state where a— | ||
(i) code 62 is denoted on the licence, the code 62(30), and | ||
(ii) code 64 is denoted on the licence, the code 64(80).”. | ||
| ||
GIVEN under my Official Seal, | ||
23 December 2016. | ||
SHANE ROSS, | ||
Minister for Transport, Tourism and Sport. | ||
1 OJ No. L403, 30.12.2006, p.18 |