{"id":11671,"date":"2022-05-28T16:03:58","date_gmt":"2022-05-28T16:03:58","guid":{"rendered":"http:\/\/legalblog.ie\/?p=11671"},"modified":"2024-04-13T21:17:37","modified_gmt":"2024-04-13T21:17:37","slug":"registration-licensing","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/registration-licensing\/","title":{"rendered":"Vehicle Registration"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/registration-licensing\/#Vehicle_Registration_Tax\" title=\"Vehicle Registration Tax\">Vehicle Registration Tax<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/registration-licensing\/#Registration\" title=\"Registration\">Registration<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/registration-licensing\/#Certificate_of_Registration\" title=\"Certificate of Registration\">Certificate of Registration<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/registration-licensing\/#Records\" title=\"Records\">Records<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/registration-licensing\/#Identification_Marks\" title=\"Identification Marks\">Identification Marks<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/registration-licensing\/#Changes\" title=\"Changes\">Changes<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/registration-licensing\/#Sale\" title=\"Sale\">Sale<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/registration-licensing\/#Enforcement\" title=\"Enforcement\">Enforcement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/registration-licensing\/#Temporary_Entry\" title=\"Temporary Entry\">Temporary Entry<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/registration-licensing\/#Temporary_Register\" title=\"Temporary Register\">Temporary Register<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/registration-licensing\/#Normal_Residence\" title=\"Normal Residence\">Normal Residence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/registration-licensing\/#Transfer_of_Residence\" title=\"Transfer of Residence\">Transfer of Residence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/registration-licensing\/#Powers_of_Enforcement\" title=\"Powers of Enforcement\">Powers of Enforcement<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/registration-licensing\/2\/#ROAD_TRAFFIC_ACT_2004\" title=\"ROAD TRAFFIC ACT 2004\">ROAD TRAFFIC ACT 2004<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/registration-licensing\/2\/#Permits\" title=\"Permits.\">Permits.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/registration-licensing\/2\/#Supply_of_mechanically_propelled_vehicles_to_minor\" title=\"Supply of mechanically propelled vehicles to minor.\">Supply of mechanically propelled vehicles to minor.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/registration-licensing\/2\/#Power_of_road_authority_to_provide_and_maintain_certain_equipment_etc_on_public_roads\" title=\"Power of road authority to provide and maintain certain equipment, etc., on public roads.\">Power of road authority to provide and maintain certain equipment, etc., on public roads.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/registration-licensing\/2\/#ROAD_TRAFFIC_ACT_2010\" title=\"ROAD TRAFFIC ACT 2010\">ROAD TRAFFIC ACT 2010<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/registration-licensing\/2\/#Production_of_test_certificate_when_licensing_mechanically_propelled_vehicle_under_section_1_of_the_Finance_Excise_Duties_Vehicles_Act_1952\" title=\"Production of test certificate when licensing mechanically propelled vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952.\">Production of test certificate when licensing mechanically propelled vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/registration-licensing\/2\/#ROAD_TRAFFIC_ACT_2016\" title=\"ROAD TRAFFIC ACT 2016\">ROAD TRAFFIC ACT 2016<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/registration-licensing\/2\/#Register_of_Written-Off_Vehicles\" title=\"Register of Written-Off Vehicles\">Register of Written-Off Vehicles<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/registration-licensing\/2\/#Definition_%E2%80%93_Part_2\" title=\"Definition &#8211; Part 2\">Definition &#8211; Part 2<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/registration-licensing\/2\/#Offence_of_failure_to_notify\" title=\"Offence of failure to notify\">Offence of failure to notify<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/registration-licensing\/2\/#Publication_of_information_provided_by_vehicle_insurers\" title=\"Publication of information provided by vehicle insurers\">Publication of information provided by vehicle insurers<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Vehicle_Registration_Tax\"><\/span>Vehicle Registration Tax<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Upon first registration of a vehicle in Ireland an excise duty called vehicle registration tax is payable.\u00a0The Revenue Commissioners have authority to specify conditions for registration of vehicles and the collection generally of vehicle registration tax.<\/p>\n<p>The tax is payable at the time of registration or the time of making a specified declaration. Applications for registration must include a certificate of conformity with the EU directives.<\/p>\n<p>Certain reliefs are available, for example, in connection with change of residence.\u00a0 Vehicles brought temporarily into the State need not be registered.<\/p>\n<p>There are special provisions in respect of wholesalers, manufacturers, dealers, etc.\u00a0 There are control provisions in respect of such persons.<\/p>\n<p>The tax applies to mechanically propelled vehicles including bicycles with engine and vehicles powered by electricity.<\/p>\n<p>Vehicles are divided into categories A to D. \u00a0Vehicles may be modified and change categories. The Revenue Commissioners establish a national register of vehicles. \u00a0This contains details of ownership and connected matters.\u00a0 It may be maintained electronically.<\/p>\n<p>It is an offence to have in one\u2019s possession or charged an unregistered vehicle or converted vehicle which has not been declared to the Revenue Commissioners. There is provision for a register of vehicles temporarily in the State and solely for the use of persons established outside the State.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Registration\"><\/span>Registration<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Vehicles and are registered on a national vehicle file. The Revenue Commissioners maintain the register. Vehicles are entered upon completion of vehicle registration.<\/p>\n<p>There are obligations on manufacturers and importers who bring vehicles into the State to register them within seven days of arrival. This may be required as part of the importation and for customs purposes in the case of vehicles arriving from outside the European Union.<\/p>\n<p>The Revenue Commissioners appoint persons to carry out preregistration vehicle examinations to determine that the vehicle complies with the relevant requirements. Vehicle test result put must comply with requirements of Revenue Commissioners and the regulations on the construction and use of vehicles..<\/p>\n<p>Cars are approved under EU derived legislation by the National Standards Authority of Ireland. There is a vehicle type approval certificate. The car makers issue a certificate of conformity with the relevant approved prototype.<\/p>\n<p>Certain conversions of vehicles must be registered, and the register of particulars must be modified accordingly.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Certificate_of_Registration\"><\/span>Certificate of Registration<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Department of the Environment issues a certificate of registration to each owner in the prescribed form.\u00a0The local authority \/ licensing authority shall not issue a licence for a vehicle unless it has been registered in the Revenue register.\u00a0The Revenue Commissioners may at the request of the person with reasonable grounds and subject to payment of a fee provide details and information on the register and copies of entries.<\/p>\n<p>There is an exemption from registration for vehicles temporarily brought into the State by persons established outside the State.\u00a0 There are also exemptions for vehicles brought in for exhibitions, demonstration, shows, etc.<\/p>\n<p>An officer of the Revenue Commissioners or member of An Garda Siochana may require to inspect registration document. \u00a0Where a vehicle has not been registered where required or has been converted or tax has not been paid the vehicle may be detained while necessary to carry out enquiries and investigations.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Records\"><\/span>Records<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The local authority and Department of Environment may each maintain records of the national vehicle file and local authority in\u00a0 respect of each vehicle.\u00a0 Records may be derived from other registers. Licensing authorities may give particulars of entry in their records subject to payment of fees.<\/p>\n<p>Where a person acquires a vehicle he has obligations to enter his name and address in respect in the relevant part of the certificate and forward it to the registration authority.\u00a0\u00a0 There are different provisions in respect of vehicles first licence after 1 January 1993 and before<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Identification_Marks\"><\/span>Identification Marks<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The identification mark must be displayed on the vehicle in the manner prescribed by law.\u00a0 It is an offence to fail to do so.\u00a0 The identification mark assigned is determined by the Revenue under certain rules.<\/p>\n<p>The Commissioners assign a unique identification mark to each vehicle following the issue of the licence.\u00a0 There is provision for persons to apply for an alternative registration number subject payment of fees.<\/p>\n<p>The identification mark\/registration number is generally composed of the year of first use (and after 2013 one further digits indicating registration within the first or second half of the year), the county letter or letters and the number. The prescribed format also includes the EU flag marking and the county name in Irish. The dimensions size and other details of the identification mark are prescribed.<\/p>\n<p>The registration plate must be displayed and illuminated\u00a0 generally on the front and back of the vehicle. It is also required on a trailer. The format, size specifications and location of the identification mark are prescribed in detail.\u00a0 The rules are quite specific.<\/p>\n<p>Generally only one index mark is assigned to the vehicle. \u00a0Once one number is assigned it must be affixed within three days.<\/p>\n<p>They may not be displayed on any other vehicle. Certain public authorities have access to the registers. The Revenue Commissioners may on being shown \u00a0that a person has legitimate \u00a0grounds for so requesting furnish details of entries in the register on payment of a fee.<\/p>\n<p>The frame number and engine number and in the case of a motorbike and chassis number and engine number of a vehicle shall be exhibited permanently in a legible form.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Changes\"><\/span>Changes<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is provision for issue of a registration certificate for each vehicle upon completion of licensing. \u00a0It may be required to be produced by An Garda Siochana at any reasonable time upon request.<\/p>\n<p>When change of use of vehicles takes place which affects duty the registration certificate must be returned to the authority.\u00a0 A difference in\u00a0 licence fee must be paid.<\/p>\n<p>On a change of address the owner must notify the relevant details to the licensing authority.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sale\"><\/span>Sale<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>On the sale of a vehicle other than one being sent publicly outside the State the transferring owner must complete a particular form and deliver it to the authorities.<\/p>\n<p>The new owner must retain certain parts.\u00a0 The new owner must insert his name on the relevant certificate to facilitate the notation of the transfer. The authority must acknowledge the transfer and stamp and forward the relevant certificate to the new owner. There are different requirements depending on whether the vehicle was first registered before or after 1 January 1993.<\/p>\n<p>Where the registered owner does not provide information in relation to transferees or persons using the vehicle either by consent or under agreement, they are deemed to be driving for the purpose of the alleged offence.<\/p>\n<p>A person who without reasonable excuse fails to provide a member of An Garda Siochana or traffic warden with a document above, including in \u00a0particular vehicle registration documents or information as to identity of the owner is guilty of an offence subject on summary conviction to a fine of up to \u20ac3,000.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Enforcement\"><\/span>Enforcement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A member of the Gardai who \u00a0suspects that a vehicle has not been duly registered may detain the vehicle for the purpose of carrying out examination enquiries and investigations in relation to whether the vehicle has been registered and the relevant vehicle registration tax has been paid. He may require the vehicle to remain stationary and detain it or cause it to be taken to a place for the purpose of making\u00a0 enquiries.<\/p>\n<p>It is an offence to use an unregistered vehicle in a public place in breach of conditions It is an offence not to display the requisite identification mark. A person guilty of such offence is subject on summary conviction to a fine up to \u20ac5000.<\/p>\n<p>It is an offence to be in possession of a vehicle which is unregistered unless it is authorised or otherwise qualifies for exemptions. A person who knowingly evades or takes steps to evade vehicle registration tax may be tried summarily with a fine up to \u20ac5000 and or 12 months imprisonment or both or on indictment with a fine up to \u20ac127,000 and the imprisonment of up to 5 years of both.<\/p>\n<p>A vehicle which contravenes the requirements for registration is subject to forfeiture on conviction. The onus of proof is on the person charged to prove that vehicle registration tax has been paid. A certificate or document or extract from a register is sufficient proof.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Temporary_Entry\"><\/span>Temporary Entry<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person \u00a0must register the vehicle within 30 days of bringing it into the State.\u00a0 He or she should make an appointment with NCTS within 7 days of the vehicle&#8217;s arrival into the State.<\/p>\n<p>There are provisions for temporary registration of a vehicle within the State.\u00a0 Vehicles so registered are assigned to the ZZ register.\u00a0 They are initially valid for a month and may be extended for a limited period.<\/p>\n<p>A vehicle which is in the State temporarily may be entered on the temporary register. It \u00a0must be used only by persons established \/based outside the State.<\/p>\n<p>A vehicle brought temporarily into the State from outside for private or business use may be exempt from registration subject to conditions. Vehicles in the State for more than 42 days or such additional period as may be prescribed by the Commissioner&#8217;s may be required to be registered.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Temporary_Register\"><\/span>Temporary Register<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A vehicle may be subject to temporary registration in \u00a0the State where the person concerned is established (resident or based) outside the State and the vehicle is temporarily in the State. A ZZ\u00a0 identification mark is assigned, and a registration card is given.<\/p>\n<p>The identification mark is to be displayed on the vehicle. The registration is valid for a month which may be extended by Revenue Commissioners. The Automobile Association of Ireland maintains the ZZ register.<\/p>\n<p>There are separate EU rules which facilitate temporary present of vehicles in the State without re-registraion.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Normal_Residence\"><\/span>Normal Residence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Establishment refers to a person having his or her normal residence outside the State. Normal residence generally is the place where the person\u00a0 usually live, for at least 185 days each year, because of occupational and personal ties. If\u00a0 he \/\u00a0 she \u00a0live in two different countries due to occupational and personal ties, the normal residence is the country of\u00a0 personal ties provided:<\/p>\n<ul>\n<li>he \u00a0return there regul.arly or<\/li>\n<li>if he is e working abroad carrying out a task of definite duration for less than one year.<\/li>\n<li>not affected by living abroad to study<\/li>\n<\/ul>\n<p>Revenue Commissioners will require proof of normal residence by way of transactions carried out for day-to-day living in that place.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Transfer_of_Residence\"><\/span>Transfer of Residence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person moving from within the EU,\u00a0 must submit the\u00a0 application to the National VRT Service via MyEnquiries where possible.\u00a0\u00a0A person \u00a0must register the vehicle within 30 days of bringing it into the State.\u00a0 He or she should make an appointment with NCTS within 7 days of the vehicle&#8217;s arrival into the State.<\/p>\n<p>To claim the Transfer of Residence (TOR) relief from VRT, he \/ she \u00a0must submit a Transfer of Residence (TOR) application form and full supporting documentation to the National VRT Service. He \/she should claim the relief within 7 days of bringing the vehicle into the State.<\/p>\n<p>If Revenue approves the \u00a0TOR claim, then no VRT will be payable when he registers the vehicle.\u00a0 \u00a0If \u00a0a person moves from outside the EU, he must apply at the customs office where you enter the State. To qualify, he \u00a0must prove he\u00a0has had normal residence abroad and is\u00a0 taking up normal residence in the State.<\/p>\n<p>He \u00a0will need evidence, both abroad and in the State, of:<\/p>\n<ul>\n<li>acquiring and disposing of a home (for example, rent agreements, mortgage documents and rent or mortgage payments)<\/li>\n<li>employment (for example, pay slips, tax records and social welfare records)<\/li>\n<li>day-to-day living (bank statements or transaction documents, bills or receipts for electricity, phone, service charges and other day-to-day living expenses)<\/li>\n<li>travel into and out of the country.<\/li>\n<\/ul>\n<p>Vehicle requirements<\/p>\n<p>The vehicle must:<\/p>\n<ul>\n<li>be his \u00a0personal property<\/li>\n<li>have been in your possession and used by you for at least six months before transfer of residence. Any possession and use in the State, even during times when you were living abroad, does not count.<\/li>\n<li>brought into the State within 12 months of the date of your transfer of residence<\/li>\n<li>be fully tax and duty paid.<\/li>\n<\/ul>\n<p>Evidence required in respect of the vehicle will usually consist of:<\/p>\n<ul>\n<li>vehicle registration document<\/li>\n<li>certificate of insurance<\/li>\n<li>purchase receipt<\/li>\n<li>ferry ticket to show when the vehicle arrived in the State<\/li>\n<li>evidence of the vehicles use abroad, for example, service and maintenance records and evidence that motor tax has been paid.<\/li>\n<\/ul>\n<p>The VRT relieved becomes payable in full if the person sells or disposes of the vehicle within 12 months following registration.\u00a0A person does do not qualify if he has have been abroad on a task of any definite duration\u00a0and\u00a0granted similar relief for a vehicle in the previous five years.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Powers_of_Enforcement\"><\/span>Powers of Enforcement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An authorised officer of the Revenue Commissioners may enter premises in which vehicles are manufactured, disturbed, stored, repaired, disposed of for the purpose of enforcing the legislation.\u00a0 They may require all books, records and documents to be produced.\u00a0 They may make such searches as they think fit. \u00a0They may take copies of books, accounts and documents.\u00a0 They may remove the same.\u00a0 Persons on the premises must co-operate.<\/p>\n<p>Persons in charge of a vehicle must permit the Revenue Commissioners or persons authorised to allow a vehicle to be examined or furnish such information in relation to the vehicle and produce it within such time as may be required.\u00a0 Vehicles may be detained for investigations.<\/p>\n<p>Members of An Garda Siochana may stop vehicles for the purpose of enforcement of the legislation.<\/p>\n<p>The <strong>\u00a0<\/strong>provisions in relation to enforcement of excise duties apply.\u00a0 Entries of registers or computer stored records are sufficient evidence for the purpose of enforcement of prosecution.<\/p>\n<p><!--nextpage--><\/p>\n<h2>ROAD TRAFFIC ACT 2004<\/h2>\n<p>Section 26<\/p>\n<h4>Permits.<\/h4>\n<p>26.\u2014(1) Section 35(2) of the Act of 1994 is amended by inserting after paragraph (s) the following:<\/p>\n<p>\u201c(t) the issue of permits at a prescribed charge by a local authority, or any other body authorised by the Minister to issue such permits, for the purpose of\u2014<\/p>\n<p>(i) exempting permit holders from restrictions or prohibitions on parking applied under this section,<\/p>\n<p>(ii) allowing for the parking of vehicles by permit holders at specified locations, or<\/p>\n<p>(iii) exempting permit holders from the application of prohibitions and restrictions to specified traffic from entering or using specified roads, and<\/p>\n<p>separate charges may be prescribed in respect of different permits.\u201d.<\/p>\n<p>(2) The following subsection is inserted after subsection (6) of section 35 of the Act of 1994:<\/p>\n<p>\u201c(7) A permit issued under regulations made under subsection (2)(t) may be inspected, at all reasonable times, by a member of the Garda S\u00edoch\u00e1na or (other than in respect of a permit issued under regulations made under subsection (2)(t)(iii)) a traffic warden.<\/p>\n<p>(8) A person who, without reasonable excuse, fails or refuses to permit the inspection of a permit referred to in subsection (7) is guilty of an offence.\u201d.<\/p>\n<p>Section 27<br \/>\nExemptions for emergency vehicles.<\/p>\n<p>27.\u2014F19[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F19<br \/>\nRepealed (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 87(2), S.I. No. 543 of 2011.<\/p>\n<p>Section 28<br \/>\nFunctions of Commissioner of Garda S\u00edoch\u00e1na.<\/p>\n<p>28.\u2014F20[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F20<br \/>\nRepealed (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 83(2), S.I. No. 255 of 2011.<\/p>\n<p>Section 29<br \/>\nAmendment of section 84 of Principal Act (bye-laws in relation to taxi stands).<\/p>\n<p>29.\u2014Section 84 (inserted by section 15 of the Act of 2002) of the Principal Act is amended by substituting in subsection (11) for the definition of \u201clocal authority\u201d the following:<\/p>\n<p>\u201c\u2018local authority\u2019 means a county council, a city council or a town council (within the meaning of the Local Government Act 2001) other than the council of a town mentioned in Part 2 of Schedule 6 to that Act;\u201d.<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C17<br \/>\nReferences to \u201ccounty council\u201d, \u201ccity council\u201d and \u201ctown council\u201d construed (1.06.2014) by Local Government Reform Act 2014 (1\/2014), ss. 9(2) and 25(2), S.I. No. 214 of 2014.<\/p>\n<p>Cesser and amalgamation of certain local government areas<\/p>\n<p>9.\u2014 &#8230;<\/p>\n<p>(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment\u2014<\/p>\n<p>(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and<\/p>\n<p>(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.<\/p>\n<p>&#8230;<\/p>\n<p>Dissolution of town councils \u2014 consequential provisions<\/p>\n<p>25.\u2014 &#8230;<\/p>\n<p>(2) A function of a town council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a town council and whether of general application to town councils or otherwise under an enactment) that\u2014<\/p>\n<p>(a) has not been repealed or otherwise provided for by this Act, or<\/p>\n<p>(b) is neither spent nor obsolete,<\/p>\n<p>shall, if the context permits in respect of one or more than one town council concerned, be read as a reference to a function of the local authority in whose administrative area the town council so dissolved is situated.<\/p>\n<p>&#8230;<\/p>\n<p>Section 30<\/p>\n<h4>Supply of mechanically propelled vehicles to minor.<\/h4>\n<p>30.\u2014(1) A person shall not supply a mechanically propelled vehicle\u2014<\/p>\n<p>(a) to a person who is under the age of 16 years, or<\/p>\n<p>(b) other than a mechanically propelled vehicle in respect of which a person who has attained the age of 16 years is entitled to hold a driving licence to drive, to a person who is under the age of 17 years.<\/p>\n<p>F21[(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding \u20ac5,000 or to imprisonment for a term not exceeding 6 months or to both.]<\/p>\n<p>(3) In this section \u201csupply\u201d, includes supply by way of sale, hire, loan, gift, or other means of making the vehicle available to a person.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F21<br \/>\nSubstituted (1.06.2011) by Road Traffic Act 2010 (25\/2010), s. 88, S.I. No. 255 of 2011. A fine of \u20ac5,000 translates into a class A fine, not greater than \u20ac5,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>Section 31<\/p>\n<h4>Power of road authority to provide and maintain certain equipment, etc., on public roads.<\/h4>\n<p>31.\u2014(1) A road authority may, with the consent of the Commissioner or at his or her request, provide and maintain on public roads in their charge any equipment or structure which the authority consider desirable for the detection of offences under the Road Traffic Acts 1961 to 2004.<\/p>\n<p>(2) Section 42 of the Act of 1994 is repealed.<\/p>\n<p>Section 32<br \/>\n\u201cregistered owner\u201d.<\/p>\n<p>32.\u2014Section 3(1) of the Principal Act is amended by substituting for the definition of \u201cregistered owner\u201d the following:<\/p>\n<p>\u201c\u2018registered owner\u2019 has the meaning assigned to it by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992) (as amended by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004 (S.I. No. 213 of 2004)), but, if those regulations should be revoked, it shall have the meaning assigned to it by such regulations corresponding to those regulations as may for the time being be in force;\u201d.<\/p>\n<p>Section 33<br \/>\nProduction of driving licence to member of Garda S\u00edoch\u00e1na subsequent to commission of road traffic offence.<\/p>\n<p>33.\u2014F22[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F22<br \/>\nRepealed (28.10.2011) by Road Traffic Act 2010 (25\/2010), s. 61(9), S.I. No. 543 of 2011.<\/p>\n<h2>ROAD TRAFFIC ACT 2010<\/h2>\n<p>Section 75<\/p>\n<h4>Production of test certificate when licensing mechanically propelled vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952.<\/h4>\n<p>75.\u2014 (1) The Minister may make regulations requiring persons applying for a licence under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 in respect of a mechanically propelled vehicle\u2014<\/p>\n<p>(a) to make such declaration and produce such evidence as is necessary to show whether the vehicle is or is not a vehicle to which section 18 of the Principal Act applies, and<\/p>\n<p>(b) where it is such a vehicle, to produce a test certificate or provide evidence of such which will be in force in respect of the vehicle when the licence comes into operation.<\/p>\n<p>(2) Paragraph (b) of section 123 of the Principal Act is repealed.<\/p>\n<h2>ROAD TRAFFIC ACT 2016<\/h2>\n<p>PART 2<\/p>\n<h4>Register of Written-Off Vehicles<\/h4>\n<p>Section 3<\/p>\n<h4>Definition &#8211; Part 2<\/h4>\n<p>3. In this Part \u201cvehicle insurer\u201d has the meaning assigned to it in section 58 of the Road Traffic Act 1961.<\/p>\n<p>Section 4<br \/>\nVehicle insurer obligations<\/p>\n<p>4. (1) A vehicle insurer, who as a result of an inspection of a mechanically propelled vehicle determines that such vehicle is defective to the extent that it is\u2014<\/p>\n<p>(a) when in motion, a danger to the public, and<\/p>\n<p>(b) beyond repair,<\/p>\n<p>shall notify the Minister in accordance with subsection (2) within 5 working days of such inspection.<\/p>\n<p>(2) When an insurer notifies the Minister under subsection (1) it shall also notify the Minister whether, based on the inspection of the vehicle, it is suitable for the salvaging of viable automotive parts.<\/p>\n<p>(3) A notification under this section shall be dated and shall include the following:<\/p>\n<p>(a) the registration number (if any) of the vehicle;<\/p>\n<p>(b) the make, model and body type of the vehicle;<\/p>\n<p>(c) the VIN, or vehicle identification number, of the vehicle, that is to say, the fixed combination of characters assigned to the vehicle by a manufacturer or its authorised distributor for vehicle identification purposes which is marked on the chassis, frame or other similar structure of the vehicle;<\/p>\n<p>(d) the date on which the vehicle was inspected by, or on behalf of, the vehicle insurer;<\/p>\n<p>(e) if the defect in the vehicle was the result of an event involving the vehicle which occurred in a public place, the date of that event and, if any insurance claim arose in relation to the vehicle\u2019s involvement, the insurance company\u2019s claim number in respect of that claim.<\/p>\n<p>(4) The Minister may make regulations prescribing the manner in which a notification under subsection (2) shall be made including, in particular, whether it is to be made electronically or in hard-copy.<\/p>\n<p>Section 5<\/p>\n<h4>Offence of failure to notify<\/h4>\n<p>5. (1) A vehicle insurer who fails to notify the Minister in accordance with section 4 or who notifies information to the Minister knowing it to be false or misleading commits an offence and is liable on summary conviction to a class A fine.<\/p>\n<p>(2) Where an offence under this section is committed by a body corporate and is proven to have been so committed with the consent, connivance or approval of, or to have been attributable to the wilful neglect on the part of, any person, being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.<\/p>\n<p>(3) Where the affairs of a body corporate are managed by its members, subsection (2) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.<\/p>\n<p>Section 6<\/p>\n<h4>Publication of information provided by vehicle insurers<\/h4>\n<p>6. (1) The Minister may maintain records of information notified to him or her under section 4 and may, after consultation with any other person or body that the Minister considers appropriate, for the purposes of increasing road safety, publish or share a part or all of such records.<\/p>\n<p>(2) The Minister may make regulations prescribing the manner in which records shall be published or shared under this section and, in particular, prescribing fees to cover the administrative cost of such publication or sharing.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-11671\" data-postid=\"11671\" class=\"themify_builder_content themify_builder_content-11671 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Vehicle Registration Tax Upon first registration of a vehicle in Ireland an excise duty called vehicle registration tax is payable.\u00a0The Revenue Commissioners have authority to specify conditions for registration of vehicles and the collection generally of vehicle registration tax. The tax is payable at the time of registration or the time of making a specified [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[109],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11671"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=11671"}],"version-history":[{"count":17,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11671\/revisions"}],"predecessor-version":[{"id":35349,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/11671\/revisions\/35349"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=11671"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=11671"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=11671"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}