The legislation

The Road Safety Authority Commercial Vehicle Roadworthiness Act 2012

The legislation reforms Ireland’s commercial vehicle roadworthiness testing system. It allows us to standardise and enforce compliance among commercial vehicle owners, as well as test centres.

Signed by the president on the 30th May 2012 this Act establishes a new legal framework for commercial vehicle roadworthiness in the State. The Act includes provisions for:-

  • The transfer of the functions of local authorities in relation to the roadworthiness testing of commercial vehicles to the RSA.
  • The requirements that a person must meet in order to be authorised as a Commercial Vehicle Roadworthiness test operator or tester
  • The obligations on owners of commercial vehicles to ensure that they are maintained in a roadworthy condition and that vehicles are periodically inspected and that defects are rectified.

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S.I. No. 107 of 2013 Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013

These regulations commenced on 27th March 2013 and include provisions relating to:-

  • Authorisation of CVR Test Operators and testers including fees and the application process.
  • Suspension and revocation of authorisations
  • Qualifications and training requirements.

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SI No 347 of 2013 Commercial Vehicle Roadworthiness (Vehicle Testing)) No. 2) Regulations 2013

The Regulations also introduce a number of changes to test administration which are being facilitated by CoVIS – eg central issuing of the CRW, eliminating the requirement for presenting Vehicle Registration Documents at the test, printing odometer readings, presenter ID and so forth.

  • testing to be conducted through CoVIS from 25 September
  • changes to test fees from 7 October.

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SI No 348 of 2013 - Road Safety Authority (Commercial Vehicle Roadworthiness) (Vehicle Repair and Maintenance) Regulations 2013

These regulations place obligations on the owners of commercial vehicles in relation to the following matters :-

  • maintenance and repair of commercial vehicles
  • decisions concerning the frequency of maintenance
  • daily walk around checks
  • carrying out of repairs by suitably qualified persons
  • record keeping
  • making an annual declaration about maintenance of vehicles to the Road Safety Authority (which is to be implemented in Autumn 2014)

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Under the regulations, commercial vehicle owners are required to put in place a system for the regular inspection and maintenance of vehicles and to review the system to ensure it is fit for purpose. In making decisions on the frequency of maintenance of vehicles, vehicle owners shall have regard to a number of factors as specified in the regulations which includes the age, mileage, normal wear and tear and the condition of the vehicle. A daily walk-around check must be completed on the vehicle before it is used on a public road and defects found during the check must be reported to the owner of the vehicle concerned. The owner of the vehicle is responsible for ensuring that the person conducting the daily walk-around check is trained to conduct the required walk-around check. A person undertaking repairs and maintenance of a vehicle must be suitably qualified and have the necessary training, expertise or experience to conduct such activities to ensure that the vehicle is roadworthy.
In accordance with the Road Safety Authority (Commercial vehicle roadworthiness) Act 2012, the RSA has appointed authorised officers to inspect compliance with these regulations and to issue directions and take prosecutions for non-compliance.
Both RSA Authorised Officers and Bureau Veritas, on behalf of the Authority, are conducting these operator premises inspections. Most initial visits are educational and advisory in nature to give operators the opportunity to know their obligations and comply. At least 250 to 300 operator premises inspections are conducted each month.
A person convicted of an offence under the regulations may be liable to a fine of up to €5,000 or a term of imprisonment not exceeding 6 months or to both.