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

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

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Table of Contents
PART 1
PRELIMINARY AND GENERAL
1. Citation
2. Commencement
3. Definitions and interpretation
PART 2
CVR TEST OPERATOR AUTHORISATION
4. Application for authorisation, renewal and amendment — CVR test operator
5. Form of Authorisation
6. Application fees
7. Suspension and revocation of authorisations
8. Definitions (Part 2)
PART 3
CVR TEST OPERATOR PREMISES
9. Inspections of applicant’s premises, facilities and equipment
10. Requirements in relation to CVR test operators
PART 4
CVR TESTER AUTHORISATION
11. CVR testers — application for authorisation
12. CVR testers — section 17(2) of Act of 2012
13. CVR testers — fit and proper person
14. CVR testers — qualifications and training
15. Restriction on persons carrying out certain tests
PART 5
PROHIBITION ON TRANSFER OF CVR AUTHORISATIONS OTHER THAN TEMPORARY TRANSFERS
16. Prohibition on transfer or assignment of authorisation
17. Temporary transfer of authorisation in case of death or incapacity
SCHEDULE 1
FORMS
SCHEDULE 2
APPLICATION AND INSPECTION FEES
Part 1
Application fees
Part 2
Inspection fee
S.I. No. 107 of 201
AUTHORISATION OF COMMERCIAL VEHICLE ROADWORTHINESS TEST OPERATORS AND TESTERS REGULATIONS 2013
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 2nd April, 2013.
I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by sections 4 , 11 (2), 16 (1) and 17 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (No. 16 of 2012), hereby make the following regulations:
PART 1
PRELIMINARY AND GENERAL
Citation
1. These Regulations may be cited as the Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013.
Commencement
2. These Regulations come into operation on the date of signature.
Definitions and interpretation
3. In these Regulations—
“Act of 2012 ”means the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (No. 16 of 2012);
“ADR test” means a test required by, or carried out in accordance with, the European Agreement Concerning the International Carriage of Dangerous Goods by Road, the Annexes to it and the protocol of signature thereto done at Geneva on 30 September 1957, as amended from time to time;
“Authority” means Road Safety Authority;
“category”, in relation to a vehicle, means a category of vehicle specified in Annex II of Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 1 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, as amended;
“civil partner” has the meaning given to it in section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24 of 2010);
“company” means a company established under the Companies Acts;
“control” means—
(a) in the case of a corporate entity, direct or indirect ownership of at least 50 per cent of the stock or shares having the right to vote for the appointment of the directors of such corporate entity, or
(b) in the case of a non-corporate entity, direct or indirect ownership of at least 50 per cent of the equity interest with the power to direct the management and policies of such non-corporate entity;
“CVR information system” means the computerised information system established by the Authority under section 28(1) of the Act of 2012;
“CVR test” means any of the following:
(a) an initial CVR test;
(b) a periodic CVR test;
(c) a partial CVR test;
(d) a re-test;
(e) an ADR test;
“CVR vehicle” means—
(a) a mechanically propelled vehicle having at least 4 wheels used—
(i) for the carriage of passengers, with more than 8 seats excluding the driver’s seat (categories M2 and M3),
(ii) as a goods vehicle (categories N1, N2 and N3),
(iii) as an ambulance (special purpose vehicles in category M),
(iv) as a motor caravan, where such vehicle was first registered on or after 1 January 1980 (special purpose vehicles in category M),
or
(b) a goods trailer (categories O3 and O4);
“design gross 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 weight exceeding 3,500 kilograms;
“initial CVR test” means the first roadworthiness test of a CVR vehicle after its registration in the State;
“light CVR vehicle” means a CVR vehicle having a design gross weight not exceeding 3,500 kilograms;
“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 Regulation 12 of the Regulations of 2004 or regulations made under section 4(2)(c) of the Act of 2012;
“periodic CVR test” means each subsequent roadworthiness test of a CVR vehicle following the initial CVR test of such vehicle;
“re-test” means a test carried out on a vehicle, subsequent to the refusal of a pass statement in respect of that vehicle, where—
(a) the re-test is carried out on a day which is not more than 21 days after the day on which the pass statement was refused, and
(b) the reading on the vehicle’s odometer at presentation for the re-test is no more than 4,000 kilometres greater than the reading at the time the pass statement was refused;
“Regulations of 2004” means European Communities (Vehicle Testing) Regulations 2004 ( S.I. No. 771 of 2004 ).
PART 2
CVR TEST OPERATOR AUTHORISATION
Application for authorisation, renewal and amendment — CVR test operator
4. (1) An application for an authorisation, a renewal or an amendment shall be made to the Authority in the form specified in Part 1 of Schedule 1 and shall be accompanied by evidence that the applicant satisfies the requirements of section 11(1)(c) to (f) of the Act of 2012.
(2) An application for an authorisation, a renewal or an amendment shall contain the following information, in respect of the CVR testing centre to which the application for authorisation, renewal or amendment relates:
(a) the name of—
(i) each CVR tester employed or otherwise engaged, and
(ii) each CVR tester to be employed or otherwise engaged;
(b) details of the premises used or proposed to be used for testing;
(c) a confirmation that the applicant has obtained any necessary planning permission consents required to operate the CVR testing centre;
(d) details of the testing facilities and test equipment used or proposed to be used for testing;
(e) the document security and document control procedures used or proposed to be used;
(f) the complaints handling procedures used or proposed to be used;
(g) the quality assurance system and procedures, used or proposed to be used, including details on compliance with ISO standards specified by the Road Safety Authority in guidelines;
(h) the software and hardware protection measures used or proposed to be used.
(3) An application for an authorisation, a renewal or an amendment shall be accompanied by information identifying the following:
(a) for the purposes of section 18(1)(c) of the Act of 2012, details of any convictions for offences relating to the Safety, Health and Welfare at Work Acts 2005 and 2010;
(b) where the CVR test operator is a company, the names of the directors and company secretary.
(4) In order to satisfy itself that an applicant for an authorisation, a renewal or an amendment meets the requirements of section 11(c) to (f) of the Act of 2012, the Authority may request the applicant to furnish further specified information to the Authority within a specified time period.
Form of Authorisation
5. Where the Authority—
(a) authorises a person,
(b) amends an existing authorisation,or
(c) renews an existing authorisation,
the Authority shall issue to such person an authorisation in the form specified in Part 2 of Schedule 1.
Application fees
6. (1) The relevant fees payable to the Authority in respect of an application for, a renewal of, or amendment of, an authorisation are as provided in Part 1 of Schedule 2.
(2) No fee shall be payable by a person in respect of an application for a first renewal by a person authorised under section 10(1) of the Act of 2012, provided that such person—
(a) complies with section 15 of the Act of 2012 and these Regulations before the expiry of the authorisation,
(b) has complied with the conditions of his or her authorisation, and
(c) applies to the Authority for such renewal not later than 18 months from the commencement of section 10 of the Act of 2012.
(3) Any fee paid in accordance with this Regulation is non-refundable.
Suspension and revocation of authorisations
7. (1) Where the authorisation of a person as a CVR test operator is suspended by the Authority, the CVR test operator shall—
(a) immediately comply with the notice of suspension given by the Authority under section 18 of the Act of 2012,
(b) furnish such information as may be required by the Authority in relation to the circumstances giving rise to the suspension, and
(c) surrender his or her authorisation to the Authority.
(2) Where the authorisation of a person who is a CVR test operator is revoked by the Authority, the CVR test operator shall—
(a) deliver to the Authority such of the following documentation as is in his or her possession:
(i) all unused forms, test results and test reports, including any copies thereof;
(ii) all other records and documents supplied by the Authority to the CVR test operator;
(iii) the authorisation issued to the CVR test operator by the Authority;
(iv) any other documentation relating to the testing of CVR vehicles,
(b) ensure safe custody of any computer software, hardware or computer equipment or other associated materials provided by, or on behalf of, the Authority at the CVR testing centre, and
(c) provide all reasonable assistance to the Authority, or such other persons as the Authority may specify, in relation to the removal of any software, hardware or computer equipment or other associated materials provided by, or on behalf of, the Authority from the CVR testing centre.
Definitions (Part 2)
8. In this Part—
“authorisation” means authorisation as a CVR test operator under section 9 of the Act of 2012;
“amendment” means an amendment of an existing authorisation under section 14 of the Act of 2012;
“renewal” means renewal of an existing authorisation under section 15 of the Act of 2012.
PART 3
CVR TEST OPERATOR PREMISES
Inspections of applicant’s premises, facilities and equipment
9. (1) In order to satisfy itself that the applicant meets the requirements of section 11(1)(d) of the Act of 2012, the Authority may conduct one or more inspections of the premises, facilities and equipment proposed to be used by the applicant for the purposes of carrying out CVR tests.
(2) The Authority shall give notice in writing to the applicant of its intention to conduct an inspection under paragraph (1).
(3) Where a third or subsequent inspection is required for the purposes of this Regulation, the fee payable by the applicant to the Authority for each such inspection shall be the fee specified in Part 2 of Schedule 2.
Requirements in relation to CVR test operators
10. (1) A person who is a CVR test operator shall ensure that only items of test equipment specified in guidelines issued by the Authority are used for CVR testing.
(2) A person who is a CVR test operator shall ensure that the test equipment mentioned in paragraph (1) —
(a) is properly calibrated before its first use and thereafter is calibrated at such frequency as may be specified by the Authority in guidelines,
(b) is calibrated by persons who have sufficient knowledge, skills and understanding of accepted testing standards and relevant technical guidance relating to such test equipment, and
(c) complies with the guidelines issued by the Authority in relation to test equipment to be used for CVR testing.
(3) (a) For the purposes of sections 4(2)( e) and 9(2)(f) of the Act of 2012, the Authority may require one or more closed circuit television cameras or similar electronic monitoring device to be installed, operated and maintained at each test lane in each CVR testing centre for the purpose of ensuring the consistency, quality and integrity of CVR testing at CVR testing centres.
(b) A person who is a CVR test operator in charge of the CVR testing centre shall ensure that any equipment installed at a test lane under subparagraph (a) is not damaged, interfered with or defaced, that the service controls of such equipment are not altered and that the monitoring of the test lane by such equipment is not obstructed in any way.
(4) For the purposes of section 4(2)(n) of the Act of 2012, a person who is a CVR test operator shall, at the request of the Authority, furnish the following information to the Authority in relation to each CVR testing centre to which his or her authorisation relates:
(a) details of the premises used for CVR testing;
(b) details of the testing facilities and test equipment used at the CVR testing centre;
(c) where ADR tests are to be carried out at the CVR testing centre, details of the appropriate risk assessments in relation to the premises;
(d) details of any document security and document control arrangements implemented by the CVR test operator at the CVR testing centre;
(e) details of complaints received by the CVR test operator from customers relating to CVR tests;
(f) details of the quality assurance systems and procedures implemented at the CVR testing centre;
(g) details of any information and communications technology hardware and software protection measures implemented by the CVR test operator;
(h) details of the arrangements relating to connectivity to the CVR information system (including details of arrangements within the premises where tests are carried out);
(i) where the CVR test operator is a company, the names of the directors and secretary of the company;
(j) details of maintenance of, or repairs to a CVR vehicle on which CVR testing is to be carried out by the CVR test operator at the test centre in the 2 years preceding the date on which the test is to be carried out.
(5) A person who is a CVR test operator shall notify the Authority in writing of any changes to the details referred to in Regulation 4(2) or (3),or paragraph (4),not later than 5 working days after such changes taking effect.
(6) For the purposes of section 9(2)(j) of the Act of 2012, a person who is a CVR test operator shall furnish to the Authority, such financial information as the Authority may require from the CVR test operator concerning fees, levies and charges received and paid in relation to CVR tests by the CVR test operators, including such of those as have been independently audited.
PART 4
CVR TESTER AUTHORISATION
CVR testers — application for authorisation
11. (1) An application for authorisation as a CVR tester, other than an application by a person to whom Regulation 12 applies,shall be made to the Authority in the form specified in Part 3 of Schedule 1 and shall be accompanied by:
(a) evidence that the applicant —
(i) holds a National Craft Certificate or equivalent qualification to at least FETAC Level 6 in the skill area of Light Vehicle, HGV, Agricultural or Construction Mechanic, and
(ii) has, subsequent to achieving a qualification referred to in clause (i)—
(I) in the case of an application to test light CVR vehicles only, at least 12 months’ work experience repairing and maintaining light CVR vehicles,
(II) in the case of an application to test heavy CVR vehicles or an application to test both heavy CVR vehicles and light CVR vehicles, at least 12 months’ work experience repairing and maintaining heavy CVR vehicles,
(III) in the case of an application to test heavy CVR vehicles or an application to test both heavy CVR vehicles and light CVR vehicles where the applicant’s qualification is in the skill area of “Light Vehicle”, at least 18 months’ work experience repairing and maintaining heavy CVR vehicles, and
(IV) in the case of an application to carry out ADR tests, at least 12 months’ work experience testing heavy CVR vehicles,
and
(b) a notification, where appropriate, under section 12 of the Act of 2012.
(2) For the purposes of paragraph (1)(a), “equivalent” means a qualification which, in the opinion of Quality and Qualifications Ireland, is equivalent to a qualification mentioned in paragraph (1)(a).
(3) Where the Authority authorises a person as a CVR tester, the Authority shall issue to such person an authorisation in the form specified in Part 4 of Schedule 1.
CVR testers — section 17(2) of Act of 2012
12. (1) A person who is authorised as a CVR tester under section 17(2) of the Act of 2012 may, prior to the expiry of such authorisation, apply to the Authority for authorisation as CVR tester under section under section 17(1) of the Act of 2012 in the form specified in Part 3 of Schedule 1.
(2) An application under paragraph (1) shall be accompanied by—
(a) evidence that the applicant-
(i) has the necessary skills and experience to be authorised as a CVR tester, and
(ii) has successfully completed such initial and refresher training, relevant to the category or categories of CVR vehicle to which the authorisation applied for relates, as the Authority specifies in guidelines,
and
(b) a notification, where appropriate, under section 12 of the Act of 2012.
CVR testers — fit and proper person
13. For the purposes of section 12 of the Act of 2012 and to determine whether or not an applicant for an authorisation as a CVR tester is a fit and proper person to hold an authorisation, the Authority may request the applicant to furnish further specified information to the Authority within a specified time period.
CVR testers — qualifications and training
14. (1) A CVR tester shall, if requested by—
(a) a person presenting a CVR vehicle for a CVR test,
(b) an authorised officer or CVR inspector,
(c) a CVR test operator at whose CVR testing centre the CVR tester is employed or engaged to carry out CVR tests,
produce evidence of his or her authorisation to that person.
(2) Where a CVR tester carries out less than 100 CVR tests,in any category, of—
(i) light CVR vehicles,
(ii) heavy CVR vehicles, and
(iii) ADR tests,
in any rolling 2 year period, the CVR tester shall attend such training in that category as may be specified by the Authority in guidelines for the purposes of section 4(2)(f) of the Act of 2012.
Restriction on persons carrying out certain tests
15. (1) For the purposes of section 4(2)(f) of the Act of 2012,a person who is a CVR test operator shall not carry out, or cause to be carried out, a CVR test on a CVR vehicle where the CVR test operator or a connected person has a legal or beneficial interest in the CVR vehicle, unless the CVR test operator has given details of the proposed CVR test to the Authority, using the CVR information system or such other form as the Authority may specify in guidelines, at least 2 working days prior to such CVR test being carried out.
(2) A person who is a CVR tester shall not carry out a CVR test on a CVR vehicle where that CVR tester or a connected person has a legal or beneficial interest in the CVR vehicle unless the CVR test operator has given details of the proposed CVR test to the Authority, using the CVR information system or such other form as the Authority may specify in guidelines, at least 2 working days prior to such CVR test being carried out.
(3) A CVR tester shall not carry out a CVR test on a CVR vehicle where that CVR tester has carried out any repairs or maintenance in respect of that CVR vehicle within 3 weeks of the CVR test.
(4) During a CVR test a CVR tester shall not carry out, or cause or permit to be carried out,any repairs on the CVR vehicle other than an adjustment of headlight focus to the required standard.
(5) For the purposes of this Regulation, a person is a connected person in relation to a person who is a CVR test operator or CVR tester if such person is—
(a) that person’s spouse, civil partner, parent, brother, sister or child,
(b) a person acting in his or her capacity as the trustee of any trust, the principal beneficiaries of which are the CVR test operator or CVR tester, as the case may be, his or her spouse or civil partner or any of his or her children or any body corporate or unincorporated controlled by such CVR test operator or CVR tester, or
(c) in partnership, within the meaning of Section 1(1) of the Partnership Act 1890, with that CVR test operator or CVR tester.
PART 5 PROHIBITION ON TRANSFER OF CVR AUTHORISATIONS OTHER THAN TEMPORARY TRANSFERS
Prohibition on transfer or assignment of authorisation
16. (1) Subject to Regulation 17(1), an authorisation as a CVR test operator or CVR tester may not be transferred or assigned to another person.
(2) Where a CVR test operator, or in the case of a company, a director or the secretary of that company, or in the case of a partnership or other unincorporated association, a partner or member of that association, dies or is permanently incapacitated, the personal representative, or in the case of a company, another director or the secretary of that company, or in the case of a partnership or other unincorporated association, a partner or member of that association, shall notify the Authority of such death or incapacity in writing as soon as reasonably practicable.
(3) Where the authorisation of a CVR test operator is held in the name of a company or an unincorporated body and a person or group of persons acting in concert gains control of that company or the unincorporated body, the CVR test operator shall promptly notify the Authority, in writing, upon becoming aware of that event.
Temporary transfer of authorisation in case of death or incapacity
17. (1) Subject to the requirements of section 11(1)(c) to (f) of the Act of 2012, the Authority may, if satisfied that it is necessary in order to avoid hardship, temporarily transfer a CVR test operator’s authorisation—
(a) in the case of a CVR test operator who has died—
(i) to the personal representative of the CVR test operator, or
(ii) subject to the consent in writing of such personal representative, to the spouse, civil partner, child or parent of the CVR test operator,
or
(b) in the case of a CVR test operator who is permanently incapacitated, to the spouse, civil partner, child or parent of the CVR test operator.
(2) An authorisation temporarily transferred under paragraph (1) shall expire 4 months after the date of the transfer.
(3) No fee shall be payable in respect of—
(a) an application for the temporary transfer of a CVR test operator’s authorisation under paragraph (1), or
(b) following the expiry of a temporary authorisation granted under paragraph (1), the subsequent application by the holder of such temporary authorisation for authorisation as a CVR test operator under section 9 of the Act of 2012.
(4) An application for the temporary transfer of an authorisation under this Regulation shall be made to the Authority in the form specified in Part 1 of Schedule 1.
SCHEDULE 1
Regulations 4, 5, 11, 12 and 17
FORMS
PART 1
Part 1 Application for CVR test operator authorisation (new CVR testing centre)
This application is for an authorisation as a CVR test operator in respect of a new CVR testing centre in accordance with Section 9 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
1. Applicant details: individual/sole trader
Personal details
Nature of business activity
Please indicate the nature of your business activity — tick all the boxes that apply.
Date of application
Please enter the date on which you are making the application.
Previous experience
Please indicate if you are currently the holder or were previously the holder of authorisation as a CVR tester or CVR test operator. If you were, please provide details.
2. Applicant details: Limited Liability Company
General details
Contact person in relation to this application
Nature of business activity
Please indicate the nature of your business activity — tick all the boxes that apply.
Date of application
Please enter the date on which you are making the application.
Number of company officers
Specify the number of company officers (directors and company secretary)
Previous experience
Please indicate if your company or a related company currently hold or were previously the holder of an authorisation as a CVR test operator. If you were, please provide details.
Please indicate if any directors or the company secretary hold, or were previously the holder (s) of, an authorisation as a CVR tester. If the answer is Yes, please provide details.
Details of company directors and the company secretary
Please provide details of all directors and the company secretary.
3. Applicant details: unincorporated association
General details
Contact person in relation to this application
Nature of business activity
Please indicate the nature of your business activity — tick all the boxes that apply.
Date of application
Please enter the date on which you are making the application.
Number of association officers
Specify the number of association officers (partners or members of the management committee)
Previous experience
Please indicate if you or partners or members of your unincorporated association are currently the holder or were previously the holder of an authorisation as a CVR test operator. If you were, please provide details.
Please indicate if you or partners or members of your unincorporated association hold, or were previously the holder(s) of, an authorisation as a CVR tester. If the answer is Yes, please provide details.
Details of partners or management members of the unincorporated association
Please provide details of all partners or (in the case of a cooperative or other unincorporated association) the secretary of the cooperative and any member of the committee of management.
4. Details of the proposed CVR Testing Centre
What will the normal opening hours for the proposed CVR Testing Centre be-
Person responsible for management
Please provide the contact details of the person responsible for the day-to-day management of the CVR testing centre. In the case of an individual/sole trader, this will be the person who is making the application. Limited companies or unincorporated associations must nominate a person who has the appropriate level of responsibility to make decisions in relation to testing operations.
Qualifications of the person responsible for the day-to-day management of the CVR testing centre
The person responsible for the day-to-day management of the CVR testing centre is required to undergo an initial CVR test operator training course. These courses will be conducted by Athlone Institute of Technology (A.I.T.). The RSA will be providing A.I.T. with the contact details of the person named above regarding completion of this course.
Number of CVR testing lanes at the proposed testing centre
Number of anticipated tests
Please indicate the number of CVR tests that you anticipate will be conducted on an annual basis
Number of CVR testers
Please indicate the number of CVR testers that will be employed at the proposed testing centre to conduct Heavy Commercial Vehicle (HCV) or Light Commercial Vehicle (LCV).
4.1 Quality assurance and performance monitoring
4.2 Requirement to have ISO 9001 Certification
4.3 Conformance of the testing centre with planning and building regulations
4.4 Conformance with health and safety legislation
4.5 Conformance of the testing centre with the RSA Branding Guidelines
RSA CVRT Branding requirements are set out in the RSA’s Premises and Equipment Guidelines for CVR Test Operators. This document is available on the RSA website at www.rsa.ie/cvr
4.6 Conformance with recording of complaints
4.7 Conformance with the protection of personal data
4.8 Conformance with displaying a CVR Test Operator Authorisation
4.9 Recording of Personal Identification presented prior to testing
Please explain (in writing) any issues regarding conformance that you may have with regards to Section 4.1 to 4.9
5. Names of proposed CVR testers
Please provide the names of the CVR testers to be employed at the proposed CVR testing centre, and indicate the types of CVR vehicles they will test.
In each case, indicate whether or not you have received proof that the proposed tester has completed the required initial or CPD training and is authorised as a CVR tester by the RSA.
6. Details of test equipment for Light Commercial Vehicle (LCV)* testing
(*The Road Safety Authority’s Premises and Equipment Guidelines for CVR Test Operators provides details of these vehicle types. This document is available on the RSA website at www.rsa.ie/cvr)
Please confirm the test lanes equipped for LCV tests contains the equipment listed in the following table,
7. Details of test equipment for Heavy Commercial Vehicle (HCV)* testing
(*The Road Safety Authority’s Premises and Equipment Guidelines for CVR Test Operators provides details of these vehicle types. This document is available on the RSA website at www.rsa.ie/cvr)
Please confirm that the test lane( s) equipped for HCV tests contains the test equipment listed in the following table.
8. Conformance of the test centre building with the RSA’s Guidelines on premises and equipment
Please indicate that your test centre building meets the requirements set out below.
9. Financial resources, tax clearance and insurance requirements
Financial resources
Applicants are required to demonstrate that they have, or have the capacity to obtain, the necessary financial resources to provide CVR testing in respect of the authorisation being sought.
Applicants are required to submit financial statements as set out below. If the applicant is a subsidiary of a group, the information is required for both the subsidiary and the parent company. If the applicant is a partnership or association, the information is required for each member of the partnership or association.
(a) If audited accounts are available: a copy of audited annual accounts in the name of the applicant that cover the last two years of trading or, if the applicant has been trading for less than two years, for the period of trading that is available.
(b) If audited accounts are not available: a copy of unaudited annual accounts that cover the past two years of trading or, if the applicant has been trading for less than two years, for the period of trading that is available. If submitting unaudited accounts, you must also submit:
(i) An accountant’s letter stating that, to the best of their knowledge and based on the information provided to them, the accounts are a fair representation of the financial position of the applicant; and
(ii) A letter from your bank confirming that you have the necessary financial resources.
In either case (a) or (b), the following must also be submitted:
(c) A cash flow projection showing the timing and level of investment required for the testing business. This must be accompanied by an accountant’s letter stating that, to the best of their knowledge and based on the information provided to them, in their opinion, the applicant has the resources in place to provide testing under the authorisation being sought.
Tax clearance
Applicants are required to submit a current tax clearance certificate in the applicant’s name which is valid at the time of making this application — please enclose the certificate with your application.
Insurance cover
Applicants are required to submit a letter from their insurance company (not their broker) specifying the level of insurance cover held for public liability and professional liability. This cover should meet the requirements set out in the RSA’s Premises and Equipment Guidelines for CVR Test Operators, which is available on the RSA website at www.rsa.ie/cvr RSA will be seeking confirmation that you comply with the minimum levels of insurance cover.
The Road Safety Authority reserves the right to seek additional information from you regarding your financial resources and insurance cover.
10. Refusal of authorisations
11. Suspension of authorisations
12. Direction Notice
13. Notification of specified offences
In applying for an authorisation as a CVR test operator, the applicant(s) or, in the case of a company, each director and the company secretary, or, in the case of an unincorporated association, each partner or member of the committee of management must notify the Road Safety Authority if he or she has been convicted in the State or in any other jurisdiction of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (See appendix A of this form).
WARNING: Failure to notify the Road Safety Authority of such a conviction or providing information to the Authority knowing it to be false or misleading is a criminal offence and may result in the Road Safety Authority determining that you are not a fit and proper person to hold an authorisation and the refusal of the application.
Authorisation fee
The fee for authorisation for a new CVR test operator is €8500 where there is one HCV and one LCV testing lane. The fee will be higher if the proposed testing centre has more than one HCV and one LCV test lane. The fee in respect of each such additional lane is €6000. The Road Safety Authority will advise applicants of the prescribed fees payable at the time of making an offer of authorisation. Note: Any fees paid will not be refundable.
Inspection fees in relation to application for authorisation
In relation to CVR testing centre inspections, there is no fee chargeable to applicants for the initial or first subsequent inspection. However a fee is chargeable for second subsequent or further inspections that the RSA may conduct to establish that a CVR testing centre has the premises, facilities, equipment and testers necessary to enable tests to be carried out.
14. Declaration
I/We wish to apply for an authorisation as a CVR test operator.
I/We hereby declare that the information furnished in this application is complete, true and accurate.
I/We consent to the Authority verifying the accuracy of any information furnished in this application.
I/We confirm that that I/we have or have the capacity to obtain the necessary financial resources to provide CVR testing under the authorisation applied for.
I/We hereby confirm that I/we will notify any changes to any details in this application to the Authority during the application process (for example, change of address, change in financial status, changes to directors or the secretary of the company, or changes to partners or members of the committee of management in the case of an unincorporated association or any other changes) that might affect the authorisation.
I/We confirm that I/we will (during the period of authorisation) notify the Road Safety Authority if I/we am/are convicted of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 within 28 days of the expiry of the time allowed for appealing such conviction or the determination or withdrawal of the appeal of such conviction
Who must sign
• For an application from an individual / sole trader: the individual must sign.
• For an application from a company: each director and the company secretary must sign.
• For an application from an unincorporated association: each partner or member of the committee of management must sign.
Checklist
Please tick the checklist below to confirm that all necessary documentation is enclosed.
Appendix A: Notification of a conviction for an offence specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
Section 12 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 obliges holders of an authorisation to notify the Road Safety Authority in writing if he or she, or, in the case of a company, any director or the company secretary, or, in the case of an unincorporated association, any partner or member of the committee of management, has been convicted in the State or any other jurisdiction of any of the following offences:
(a) Murder
(b) Manslaughter
(c) A drug trafficking offence (within the meaning of the Criminal Justice Act 1994 )
(d) An offence under the Non-Fatal Offences Against the Person Act 1997
(e) An offence under section 2 of the Illegal Immigrants (Trafficking) Act 2000
(f) A sexual offence (within the meaning of section 3 of the Sex Offenders Act 2001 )
(g) An offence under the Criminal Justice (Theft and Fraud Offences) Act 2001 ,
(h) An offence under the Criminal Law (Human Trafficking) Act 2008 ,
(i) An offence relating to money laundering under Part 2 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
(j) An offence under the Firearms Acts 1925 to 2009
(k) An offence under the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
(l) An offence relating to the fitting of a tachograph manipulation device or the improper use of a tachograph calibration certificate under the European Communities (Road Transport) (Working Conditions and Road Safety) Regulations 2008 ( S.I. No. 62 of 2008 )
(m) An offence consisting of attempting or conspiring to commit, or aiding, abetting, counselling, soliciting, procuring or inciting the commission of any offence mentioned in paragraphs (a) to (l)
(n) An offence under the law of another jurisdiction which corresponds to an offence mentioned in paragraphs (a) to (m), where the conduct constituting the offence under the law of that other jurisdiction would, if committed in the State, constitute an offence referred to in any of those paragraphs
In the case of an applicant for an authorisation, this notification should be made at the time of making the application. During the period that you hold an authorisation you must notify the RSA if you are convicted of any of the above specified convictions.
It is very important that notifications be made in accordance with the provisions of the Act.
It is an offence under Section 12 of the Act for a person to fail to notify information in relation to convictions for the specified offences or for a person to notify information knowing it to be false or misleading. A person guilty of an offence under Section 12 is liable to a Class A fine (€5,000) or to imprisonment for six months on summary conviction, or to both, or on conviction on indictment to a fine up to €100,000 or imprisonment for a term not exceeding 12 months or to both.
In addition to the possible criminal penalties outlined above, where an applicant fails to make a required notification in accordance with Section 12(1), the Road Safety Authority may determine that the applicant is not a fit and proper person to hold an authorisation and, consequently, may refuse the application for authorisation and suspend or revoke any existing authorisation held by the applicant.
Each individual who was convicted of a specified offence must complete and sign a Conviction Notification Form in respect of each such conviction. If more than one conviction is to be notified, a separate Conviction Notification Form must be submitted for each conviction.
Conviction Notification Form
I hereby declare that the information provided by me in this notification is true, complete and accurate.
Part 1
Application for renewal of authorisation — CVR test operator
This application is for the renewal of authorisation as a CVR test operator in accordance with Section 15 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 .
1. Applicant details: individual / sole trader
Personal details
Nature of business activity
Please indicate the nature of your business activity — tick all the boxes that apply.
Date of application
Please enter the date on which you are making the application.
2. Applicant details: Limited Liability Company
General details
Contact person in relation to this application
Nature of business activity
Please indicate the nature of your business activity — tick all the boxes that apply.
Date of application
Please enter the date on which you are making the application.
Number of company officers
Specify the number of company officers (directors and company secretary)
Details of company directors and the company secretary
Please provide details of all directors and the company secretary.
3. Applicant details: unincorporated association
General details
Contact person in relation to this application
Nature of business activity
Please indicate the nature of your business activity — tick all the boxes that apply.
Date of application
Please enter the date on which you are making the application.
Number of association officers
Specify the number of association officers (partners or members of the management committee)
Details of partners or management members of the unincorporated association
Please provide details of all partners or (in the case of a cooperative or other unincorporated association) the secretary of the cooperative and all members of the committee of management.
4. Details of the CVR testing centre to which this application applies
What are the normal opening hours for the CVR Testing Centre?
Please indicate below
Person responsible for management
Please enter contact details of the person responsible for day-to-day management of the CVR testing centre
CVR vehicle types
Please tick the appropriate box(es) below to indicate the type(s) of vehicle that the testing centre is currently authorised to test.
Number of anticipated tests
Please indicate the number of CVR tests that you anticipate will be conducted on an annual basis
Number of existing CVR testing lanes at testing centre
4.1 Quality assurance and performance monitoring
4.2 Requirement to have ISO 9001 Certification
It is a requirement of the renewal of your authorisation that you must be the holder of ISO 9001 incorporating the requirements of CITA Recommendation 9B.
4.3 Conformance of the testing centre with planning and building regulations
4.4 Conformance with health and safety legislation
4.5 Conformance of the testing centre with the RSA CVRT Branding Guidelines
RSA CVRT Branding requirements are set out in the RSA’s Premises and Equipment Guidelines for CVR Test Operators. This document is available on the RSA website at www.rsa.ie/cvr
4.6 Conformance with recording of complaints
4.7 Conformance with the protection of personal data
4.8 Conformance with displaying a CVR Test Operator Authorisation
4.9 Recording of Identification presented prior to testing
Please explain (in writing) any issues regarding conformance that you may have with regards to Section 4.1 to 4.9
Indication of interest to provide towing and storage services
Names of existing / proposed CVR testers
Please provide details of the CVR testers employed or to be employed at the CVR testing centre, and indicate the types of vehicle they are authorised to test.
Details of test equipment for Light Commercial Vehicles(LCV)*,
(*The Road Safety Authority’s Premises and Equipment Guidelines for CVR Test Operators provides details of these vehicle types. This document is available on the RSA website at www.rsa.ie/cvr)
If the CVR testing centre tests Light Commercial Vehicles (LCV), please confirm that each test lane is equipped with the test equipment listed in the following table.
Details of test equipment for Heavy Commercial Vehicles(HCV)*,
(*The Road Safety Authority’s Premises and Equipment Guidelines for CVR Test Operators provides details of these vehicle types. This document is available on the RSA website at www.rsa.ie/cvr)
If the CVR testing centre tests Heavy Commercial Vehicles (HCV), please confirm that each test lane is equipped with the test equipment listed in the following table.
Conformance of the testing centre building with the RSA’s Premises and Equipment Guidelines for CVR Test Operators
Please tick the boxes below to indicate whether or not your testing centre building meets the requirements set out in the RSA’s Premises and Equipment Guidelines for CVR Test Operators. This document is available on the RSA website at www.rsa.ie/cvr
5. Financial resources, tax clearance and insurance requirements
Financial resources
Applicants are required to demonstrate that they have, or have the capacity to obtain, the necessary financial resources to provide CVR testing in respect of the authorisation being sought.
Applicants are required to submit financial statements as set out below. If the applicant is a subsidiary of a group, the information is required for both the subsidiary and the parent company. If the applicant is a partnership or association, the information is required for each member of the partnership or association.
(a) If audited accounts are available: a copy of audited annual accounts in the name of the applicant that cover the last two years of trading or, if the applicant has been trading for less than two years, for the period of trading that is available.
(b) If audited accounts are not available: a copy of unaudited annual accounts that cover the past two years of trading or, if the applicant has been trading for less than two years, for the period of trading that is available. If submitting unaudited accounts, you must also submit:
(i) An accountant’s letter stating that, to the best of their knowledge and based on the information provided to them, the accounts are a fair representation of the financial position of the applicant; and
(ii) A letter from your bank confirming that you have the necessary financial resources.
Tax clearance
Applicants are required to submit a current tax clearance certificate in the applicant’s name which is valid at the time of making this application — please enclose the certificate with your application.
Insurance cover
Applicants are required to submit a letter from their insurance company (not their broker) specifying the level of insurance cover held for public liability and professional liability. This cover should meet the requirements set out in the RSA’s Premises and Equipment Guidelines for CVR Test Operators, which is available on the RSA website at www.rsa.ie/cvr RSA will be seeking confirmation that you comply with the minimum levels of insurance cover.
The Road Safety Authority reserves the right to seek additional information from you regarding your financial resources and insurance cover.
6. Fit and proper person requirement
The Road Safety Authority must be satisfied that applicants are ‘fit and proper persons’ to be CVR test operators.
Notification of specified offences
In applying for renewal of authorisation as a CVR test operator, the applicant(s) or, in the case of a company, each director and the company secretary, or, in the case of an unincorporated association, each partner or member of the committee of management must notify the Road Safety Authority if he or she has been convicted in the State or in any other jurisdiction of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (See Appendix A of this form).
WARNING: Failure to notify the Road Safety Authority of such a conviction or providing information to the Authority knowing it to be false or misleading is a criminal offence and may result in the Road Safety Authority determining that you are not a fit and proper person to hold an authorisation and the refusal of the application.
7. Previous directions and suspensions
8. Declaration
I/We wish to apply for renewal of my/our authorisation as a CVR test operator.
I/We hereby declare that the information furnished in this application is complete, true and accurate.
I/We consent to the Authority verifying the accuracy of any information furnished in this application.
I/We confirm that that I/we have or have the capacity to obtain the necessary financial resources to provide CVR testing under the authorisation applied for.
I/We hereby confirm that I/we will notify any changes to any details in this renewal application to the Authority during the application process (for example, change of address, change in financial status of the CVR test operator, changes to directors or the secretary of the company, or partners (in the case of a partnership) or any other changes that might affect the authorisation.
I/We confirm that I/we will (during the period of authorisation) notify the Road Safety Authority if I/we am/are convicted of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 within 28 days of the expiry of the time allowed for appealing such conviction or the determination or withdrawal of the appeal of such conviction
Who must sign
• For an application from an individual / sole trader: the individual must sign.
• For an application from a company: each director and the company secretary must sign.
• For an application from an unincorporated association: each partner or member of the committee of management must sign.
Checklist
Please tick the checklist below to confirm that all necessary documentation is enclosed.
Appendix A: Notification of a conviction for an offence specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
Section 12 of the Road Safety Authority (Commercial Vehicle Roadworthiness Act) 2012 obliges holders of an authorisation to notify the Road Safety Authority in writing if he or she, or, in the case of a company, any director or the company secretary, or, in the case of an unincorporated association, any partner or member of the committee of management, has been convicted in the State or any other jurisdiction of any of the following offences:
(a) Murder
(b) Manslaughter
(c) A drug trafficking offence (within the meaning of the Criminal Justice Act 1994 )
(d) An offence under the Non-Fatal Offences Against the Person Act 1997
(e) An offence under section 2 of the Illegal Immigrants (Trafficking) Act 2000
(f) A sexual offence (within the meaning of section 3 of the Sex Offenders Act 2001 )
(g) An offence under the Criminal Justice (Theft and Fraud Offences) Act 2001 ,
(h) An offence under the Criminal Law (Human Trafficking) Act 2008 ,
(i) An offence relating to money laundering under Part 2 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
(j) An offence under the Firearms Acts 1925 to 2009
(k) An offence under the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
(l) An offence relating to the fitting of a tachograph manipulation device or the improper use of a tachograph calibration certificate under the European Communities (Road Transport) (Working Conditions and Road Safety) Regulations 2008 ( S.I. No. 62 of 2008 )
(m) An offence consisting of attempting or conspiring to commit, or aiding, abetting, counselling, soliciting, procuring or inciting the commission of any offence mentioned in paragraphs (a) to (l)
(n) An offence under the law of another jurisdiction which corresponds to an offence mentioned in paragraphs (a) to (m), where the conduct constituting the offence under the law of that other jurisdiction would, if committed in the State, constitute an offence referred to in any of those paragraphs
In the case of the holder of an authorisation, this notification should be made within either
(i) 3 months of the commencement date of Section 12 of the 2012 Act,
or
(ii) 28 days of the expiry of the time allowed for appealing such conviction or of the determination or withdrawal of the appeal of such conviction,
whichever is the latest.
It is very important that notifications be made in accordance with the provisions of the Act.
It is an offence under Section 12 of the Act for a person to fail to notify information in relation to convictions for the specified offences or for a person to notify information knowing it to be false or misleading. A person guilty of an offence under Section 12 is liable to a Class A fine (€5,000) or to imprisonment for six months on summary conviction, or to both, or on conviction on indictment to a fine up to €100,000 or imprisonment for a term not exceeding 12 months or to both.
In addition to the possible criminal penalties outlined above, where an applicant fails to make a required notification in accordance with Section 12(1), the Road Safety Authority may determine that the applicant is not a fit and proper person to hold an authorisation and, consequently, may refuse the application for authorisation and suspend or revoke any existing authorisation held by the applicant.
Each individual who was convicted of a specified offence must complete and sign a Conviction Notification Form in respect of each such conviction. If more than one conviction is to be notified, a separate Conviction Notification Form must be submitted for each conviction.
Conviction Notification Form
I hereby declare that the information provided by me in this notification is true, complete and accurate.
Part 1
Application for amendment to a CVR test operator authorisation
This application is for an amendment to a CVR test operator authorisation in accordance with Section 14 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
This application form should be completed by a person or entity that has been issued with an authorisation as a CVR test operator and now wishes to amend that authorisation.
1. Name of holder of CVR test operator authorisation
Authorisation No. ______________
2. Amendment required to CVR test operator authorisation
Please complete the appropriate box(es) below regarding the amendment(s) required to your authorisation.
3. Details of the CVR testing centre
What are the normal opening hours for the CVR Testing Centre?
Please indicate below
4. Number of anticipated tests
Please indicate the numberof CVR tests that you anticipate will be conducted on an annual basis
4.1 Risk assessment
Section 4.1 only needs to be completed by applicants wishing to add ADR testing to their authorisation
4.2 ADR authorised testers
Section 4.2 only needs to be completed by applicants wishing to add ADR testing to their authorisation
Please note only authorised ADR testers can carry out ADR tests
4.3 Quality assurance and performance monitoring
4.4 Planning and building regulations
4.5 Health and safety legislation
4. 6 RSA CVRT branding guidelines
RSA CVRT Branding requirements are set out in the RSA’s Premises and Equipment Guidelines for CVR Test Operators. This document is available on the RSA website at www.rsa.ie/cvr
4.7 Recording of complaints
4.8 Protection of personal data
4.9 Display of CVR Test Operator Authorisation
4.10 Recording of Identification presented prior to testing
Conformance issues
Please explain (in writing) any issues that you may have regarding conformance with Sections 4.1 to 4.10.
5. Names of existing / proposed CVR testers
Please provide details of the CVR testers employed or to be employed at the CVR testing centre, and indicate the types of vehicle they are authorised to test.
6. Details of test equipment for Light Commercial Vehicle (LCV)* testing
(*The Road Safety Authority’s Premises and Equipment Guidelines for CVR Test Operators provides details of these vehicle types. This document is available on the RSA website at www.rsa.ie/cvr)
Please confirm that each test lane is equipped with the test equipment listed in the following table
7. Details of test equipment for Heavy Commercial Vehicle (HCV)* testing
(*The Road Safety Authority’s Premises and Equipment Guidelines for CVR Test Operators provides details of these vehicle types. This document is available on the RSA website at www.rsa.ie/cvr)
Please confirm that each test lane is equipped with the test equipment listed in the following table.
8. Conformance of the testing centre building with the RSA’s Premises and Equipment Guidelines for CVR Test Operators
Please tick the boxes below to indicate whether or not the authorised testing centre building meets the requirements set out in the RSA’s Premises and Equipment Guidelines for CVR Test Operators. This document is available on the RSA website at www.rsa.ie/cvr
9. Financial resources and Tax clearance
The Road Safety Authority reserves the right to seek additional information from you regarding your financial resources and tax clearance status.
10. Insurance cover
Applicants are required to submit a letter from their insurance company (not their broker) specifying the level of insurance cover held for public liability and professional liability. This cover should meet the requirements set out in the RSA’s Premises and Equipment Guidelines for CVR Test Operators, which is available on the RSA website at www.rsa.ie/cvr RSA will be seeking confirmation that you comply with the minimum levels of insurance cover.
11. Fit and proper person requirement
The Road Safety Authority must be satisfied that applicants are ‘fit and proper persons’ to be CVR test operators.
Notification of specified offences
In applying for an amendment to your authorisation as a CVR test operator, the applicant(s) or, in the case of a company, each director and the company secretary, or, in the case of an unincorporated association, each partner or member of the committee of management must notify the Road Safety Authority if he or she has been convicted in the State or in any other jurisdiction of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 . (See Appendix A of this form)
WARNING: Failure to notify the Road Safety Authority of such a conviction or providing information to the Authority knowing it to be false or misleading is a criminal offence and may result in the Road Safety Authority determining that you are not a fit and proper person to hold an authorisation and the refusal of the application.
12. Fees. The Road Safety Authority will advise applicants of the prescribed fees payable in respect of the amendment of an authorisation at the time of making an offer in relation to the application. Any fees paid will not be refundable.
13. Declaration
I/We wish to apply for an amendment to my/our authorisation as a CVR test operator.
I/We hereby declare that the information furnished in this application is complete, true and accurate.
I/We consent to the Authority verifying the accuracy of any information furnished in this application.
I/We confirm that that I/we have or have the capacity to obtain the necessary financial resources to provide CVR testing under the authorisation applied for.
I/We hereby confirm that I/we will notify any changes to any details in this application to the Authority during the application process (for example, change of address, change in financial status of the CVR test operator, changes to directors or the secretary of the company, or changes to partners or members of the committee of management in the case of an unincorporated association or any other changes that might affect the authorisation).
I/We confirm that I/we will (during the period of authorisation) notify the Road Safety Authority if I/we am/are convicted of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 within 28 days of the expiry of the time allowed for appealing such conviction or the determination or withdrawal of the appeal of such conviction
Who must sign
• For an application from an individual / sole trader: the individual must sign.
• For an application from a company: each director and the company secretary must sign.
• For an application from an unincorporated association: each partner or member of the committee of management must sign.
Checklist
Please tick the checklist below to confirm that all necessary documentation is enclosed.
Appendix A: Notification of a conviction for an offence specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
Section 12 of the Road Safety Authority (Commercial Vehicle Roadworthiness Act) 2012 obliges holders of an authorisation to notify the Road Safety Authority in writing if he or she, or, in the case of a company, any director or the company secretary, or, in the case of an unincorporated association, any partner or member of the committee of management, has been convicted in the State or any other jurisdiction of any of the following offences:
(a) Murder
(b) Manslaughter
(c) A drug trafficking offence (within the meaning of the Criminal Justice Act 1994 )
(d) An offence under the Non-Fatal Offences Against the Person Act 1997
(e) An offence under section 2 of the Illegal Immigrants (Trafficking) Act 2000
(f) A sexual offence (within the meaning of section 3 of the Sex Offenders Act 2001 )
(g) An offence under the Criminal Justice (Theft and Fraud Offences) Act 2001 ,
(h) An offence under the Criminal Law (Human Trafficking) Act 2008 ,
(i) An offence relating to money laundering under Part 2 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
(j) An offence under the Firearms Acts 1925 to 2009
(k) An offence under the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
(l) An offence relating to the fitting of a tachograph manipulation device or the improper use of a tachograph calibration certificate under the European Communities (Road Transport) (Working Conditions and Road Safety) Regulations 2008 ( S.I. No. 62 of 2008 )
(m) An offence consisting of attempting or conspiring to commit, or aiding, abetting, counselling, soliciting, procuring or inciting the commission of any offence mentioned in paragraphs (a) to (l)
(n) An offence under the law of another jurisdiction which corresponds to an offence mentioned in paragraphs (a) to (m), where the conduct constituting the offence under the law of that other jurisdiction would, if committed in the State, constitute an offence referred to in any of those paragraphs
In the case of the holder of an authorisation, this notification should be made within either
(i) 3 months of the commencement date of Section 12 of the 2012 Act, or
(ii) 28 days of the expiry of the time allowed for appealing such conviction or of the determination or withdrawal of the appeal of such conviction,
whichever is the latest.
It is very important that notifications be made in accordance with the provisions of the Act.
It is an offence under Section 12 of the Act for a person to fail to notify information in relation to convictions for the specified offences or for a person to notify information knowing it to be false or misleading. A person guilty of an offence under Section 12 is liable to a Class A fine (€5,000) or to imprisonment for six months on summary conviction, or to both, or on conviction on indictment to a fine up to €100,000 or imprisonment for a term not exceeding 12 months or to both.
In addition to the possible criminal penalties outlined above, where an applicant fails to make a required notification in accordance with Section 12(1), the Road Safety Authority may determine that the applicant is not a fit and proper person to hold an authorisation and, consequently, may refuse the application for authorisation and suspend or revoke any existing authorisation held by the applicant.
Each individual who was convicted of a specified offence must complete and sign a Conviction Notification Form in respect of each such conviction. If more than one conviction is to be notified, a separate Conviction Notification Form must be submitted for each conviction.
Conviction Notification Form
I hereby declare that the information provided by me in this notification is true, complete and accurate.
Part 1
Application for temporary transfer of a CVR test operator authorisation
Application for a temporary transfer of a CVR test operator authorisation — in the case where the holder of the authorisation has died or is permanently incapacitated
This application form should be completed by a sole trader or a partner in the case of a partnership
Name of holder of CVR test operator authorisation
Authorisation No. ______________
1. Reason for application for temporary transfer of authorisation
Indicate the reason for the application by checking the appropriate box below
• If an authorised CVR test operator has died, a copy of the death certificate must accompany the application.
• If the authorised CVR test operator is permanently incapacitated, a medical certificate or doctor’s letter confirming same must accompany this application
2. Details of the person seeking the temporary transfer of authorisation
3. Relationship to the person to whom the authorisation as a CVR test operator was issued
Please indicate below your relationship to the person to whom the authorisation as a CVR test operator was issued
Please note that where a family member (as stated above) is seeking temporary transfer of authorisation, in the case where the holder of the authorisation is deceased, the written consent of the personal representative is required.
4. Details of the CVR testing centre to which this application applies
What are the proposed opening hours for the CVR Testing Centre?
Please indicate below
Person responsible for management
Please enter contact details of the person responsible for day-to-day management of the CVR testing centre
CVR vehicle types
Please tick the appropriate box(es) below to indicate the type(s) of vehicle that the testing centre propose to test.
Number of anticipated tests
Please indicate the number of CVR tests that you anticipate will be conducted on an annual basis
Number of existing CVR testing lanes at the testing centre
4.1 Quality assurance and performance monitoring
4.2 Requirement to have ISO 9001 Certification
4.3 Conformance of the testing centre with planning and building regulations
4.4 Conformance with health and safety legislation
4.5 Conformance of the testing centre with the RSA CVRT Branding Guidelines
RSA CVRT Branding requirements are set out in the RSA’s Premises and Equipment Guidelines for CVR Test Operators. This document is available on the RSA website at www.rsa.ie/cvr
4.6 Conformance with recording of complaints
4.7 Conformance with the protection of personal data
4.8 Conformance with displaying a CVR Test Operator Authorisation
4.9 Recording of Identification presented prior to testing
Please explain (in writing) any issues regarding conformance that you may have with regards to Section 4.1 to 4.9
Indication of interest to provide towing and storage services
5. Names of existing / proposed CVR testers
Please provide details of the CVR testers employed or to be employed at the CVR testing centre, and indicate the types of vehicle they are authorised to test.
6. Details of test equipment for Light Commercial Vehicle (LCV)* testing
(*The Road Safety Authority’s Premises and Equipment Guidelines for CVR Test Operators provides details of these vehicle types. This document is available on the RSA website at www.rsa.ie/cvr)
Please confirm that each test lane is equipped with the test equipment listed in the following table.
7. Details of test equipment for Heavy Commercial Vehicle (HCV)* testing
*(The Road Safety Authority’s Premises and Equipment Guidelines for CVR Test Operators provides details of these vehicle types. This document is available on the RSA website at www.rsa.ie/cvr)
Please confirm that each test lane is equipped with the test equipment listed in the following table.
8. Conformance of the testing centre building with the RSA’s Premises and Equipment Guidelines for CVR Test Operators
Please tick the boxes below to indicate whether or not the authorised testing centre building meets the requirements set out in the RSA’s Premises and Equipment Guidelines for CVR Test Operators. This document is available on the RSA website at www.rsa.ie/cvr
9. Financial resources, tax clearance and insurance requirements
Financial resources
Applicants are required to demonstrate that they have, or have the capacity to obtain, the necessary financial resources to provide CVR testing in respect of the authorisation being sought.
Applicants are required to submit financial statements as set out below. If the applicant is a subsidiary of a group, the information is required for both the subsidiary and the parent company. If the applicant is a partnership or association, the information is required for each member of the partnership or association.
(a) If audited accounts are available: a copy of audited annual accounts for the business that cover the last two years of trading or, if the business has been trading for less than two years, for the period of trading that is available.
(b) If audited accounts are not available: a copy of unaudited annual accounts that cover the past two years of trading or, if the business has been trading for less than two years, for the period of trading that is available. If submitting unaudited accounts, you must also submit:
(i) An accountant’s letter stating that, to the best of their knowledge and based on the information provided to them, the accounts are a fair representation of the financial position of the business; and
(ii) A letter from your bank confirming that you have the necessary financial resources.
Tax clearance
Applicants are required to submit a current tax clearance certificate in the applicant’s name which is valid at the time of making this application — please enclose the certificate with your application.
Insurance cover
Applicants are required to submit a letter from their insurance company (not their broker) specifying the level of insurance cover held for public liability and professional liability. This cover should meet the requirements set out in the RSA’s Premises and Equipment Guidelines for CVR Test Operators, which is available on the RSA website at www.rsa.ie/cvr. The RSA will be seeking confirmation that you comply with the minimum levels of insurance cover.
The Road Safety Authority reserves the right to seek additional information from you regarding your financial resources and insurance cover.
10. Fit and proper person requirement
The Road Safety Authority must be satisfied that applicants are ‘fit and proper persons’ to be CVR test operators.
Notification of specified offences
In applying for temporary authorisation as a CVR test operator, the applicant must notify the Road Safety Authority if he or she has been convicted in the State or in any other jurisdiction of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 . (See Appendix A).
WARNING: Failure to notify the Road Safety Authority of such a conviction or providing information to the Authority knowing it to be false or misleading is a criminal offence and may result in the Road Safety Authority determining that you are not a fit and proper person to hold an authorisation and the refusal of the application.
11. Declaration
I wish to apply for a temporary transfer of authorisation as a CVR test operator into my name.
I hereby declare that the information furnished in this application is complete, true and accurate.
I consent to the Authority verifying the accuracy of any information furnished in this application.
I confirm that that I have or have the capacity to obtain the necessary financial resources to provide CVR testing under the authorisation applied for.
I hereby confirm that I will notify any changes to any details in this application to the Authority during the application process for example, change of address, change in financial status of the CVR test operator, or any other changes that might affect the authorisation.
I confirm that I will (during the period of authorisation) notify the Road Safety Authority if I am convicted of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 within 28 days of the expiry of the time allowed for appealing such conviction or the determination or withdrawal of the appeal of such conviction
Checklist
Please tick the checklist below to confirm that all necessary documentation is enclosed.
Appendix A: Notification of a conviction for an offence specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
Section 12 of the Road Safety Authority (Commercial Vehicle Roadworthiness Act) 2012 obliges holders of an authorisation to notify the Road Safety Authority in writing if he or she has been convicted in the State or any other jurisdiction of any of the following offences:
(a) Murder
(b) Manslaughter
(c) A drug trafficking offence (within the meaning of the Criminal Justice Act 1994 )
(d) An offence under the Non-Fatal Offences Against the Person Act 1997
(e) An offence under section 2 of the Illegal Immigrants (Trafficking) Act 2000
(f) A sexual offence (within the meaning of section 3 of the Sex Offenders Act 2001 )
(g) An offence under the Criminal Justice (Theft and Fraud Offences) Act 2001 ,
(h) An offence under the Criminal Law (Human Trafficking) Act 2008 ,
(i) An offence relating to money laundering under Part 2 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
(j) An offence under the Firearms Acts 1925 to 2009
(k) An offence under the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
(l) An offence relating to the fitting of a tachograph manipulation device or the improper use of a tachograph calibration certificate under the European Communities (Road Transport) (Working Conditions and Road Safety) Regulations 2008 ( S.I. No. 62 of 2008 )
(m) An offence consisting of attempting or conspiring to commit, or aiding, abetting, counselling, soliciting, procuring or inciting the commission of any offence mentioned in paragraphs (a) to (l)
(n) An offence under the law of another jurisdiction which corresponds to an offence mentioned in paragraphs (a) to (m), where the conduct constituting the offence under the law of that other jurisdiction would, if committed in the State, constitute an offence referred to in any of those paragraphs
In the case of an applicant for an authorisation, this notification should be made at the time of making the application. During the period that you hold an authorisation you must notify the RSA if you are convicted of any of the above specified convictions.
It is very important that notifications be made in accordance with the provisions of the Act.
It is an offence under Section 12 of the Act for a person to fail to notify information in relation to convictions for the specified offences or for a person to notify information knowing it to be false or misleading. A person guilty of an offence under Section 12 is liable to a Class A fine (€5,000) or to imprisonment for six months on summary conviction, or to both, or on conviction on indictment to a fine up to €100,000 or imprisonment for a term not exceeding 12 months or to both.
In addition to the possible criminal penalties outlined above, where an applicant fails to make a required notification in accordance with Section 12(1), the Road Safety Authority may determine that the applicant is not a fit and proper person to hold an authorisation and, consequently, may refuse the application for authorisation and suspend or revoke any existing authorisation held by the applicant.
Each individual who was convicted of a specified offence must complete and sign a Conviction Notification Form in respect of each such conviction. If more than one conviction is to be notified, a separate Conviction Notification Form must be submitted for each conviction.
Conviction Notification Form
I hereby declare that the information provided by me in this notification is true, complete and accurate.
PART 2
AUTHORISATION OF A CVR TEST OPERATOR
AUTHORISATION NO. ______________
SECTION 1 — AUTHORISATION
1. Authorisation
1.1 Pursuant to sections 9 and 11 of the Act of 2012 and the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Conferral of Functions) Order 2013, the Authority hereby authorises [name of applicant]:
(a) to be a CVR test operator;
(b) for a period of [insert duration] from the date of this authorisation until, unless otherwise suspended or revoked by the Authority or surrendered by you, [expiry date];
(c) to carry out, or cause to be carried out, CVR tests and issue pass statements in respect of the following categories of CVR vehicles:
(i) [specify categories of CVR vehicles]; and
(ii) [specify categories of CVR vehicles];
(d) to carry out, or cause to be carried out, ADR tests in respect of ADR vehicles; (References to ADR testing in these conditions of authorisation to be deleted if the authorisation holder is not authorised to carry out ADR tests).
(e) to carry out, or cause to be carried out, CVR tests and ADR tests at the following CVR testing centre:
[insert details of CVR testing centre].
1.2 This authorisation may not be assigned or otherwise transferred to any other person.
Date:
______________
Deciding Officer
duly authorised on behalf of
ROAD SAFETY AUTHORITY
SECTION 2 — CONDITIONS OF AUTHORISATION
1. Definitions and interpretation
1.1 Terms and expressions used in this authorisation and not otherwise defined in this authorisation shall have the meaning given to them in the Act of 2012.
1.2 In this authorisation:
“Act of 2012 ”means the Road Safety Authority Act (Commercial Vehicle Roadworthiness) Act 2012;
“ADR Enactments ”means the ADR Agreement, as amended, together with any enactment relating to, or prescribing requirements in connection with, the technical examination of ADR vehicles and the regulation of such testing;
“CVR authorisation regulations ”means the Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers Regulations 2013;
“CVR testing centre ”means the CVR testing centre specified in paragraph 1.1(d) of Section 1 (Authorisation);
“CVR testing regulations ”means the Road Safety Authority (Vehicle Testing) Regulations 2013;
“Data Protection Acts ”means the Data Protection Acts 1988 and 2003;
“specified offence ”means an offence specified in section 12(1) of the Act of 2012.
1.3 Unless a contrary indication appears, a reference in this authorisation to a provision of law is a reference to that provision as amended, substituted or re-enacted.
1.4 Section, Clause and Schedule headings are for ease of reference only.
2. General condition of authorisation
You shall comply with:
(a) Part 2 of the Act of 2012, including any directions issued by an authorised officer or CVR inspector under Part 2 thereof; and
(b) any regulations made under Part 2 of the Act of 2012; and
(c) any guidelines issued by the Authority under section 38 of the Act of 2012; and
(d) in relation to ADR tests, the ADR Enactments; and
(e) these Conditions of Authorisation including special conditions relating to the matters contemplated by paragraph 3 to 20 of the CVR test operator concerning premises, facilities and equipment, records, towage and storage.
3. Notice to be given to the Authority prior to the commencement of CVR testing
You shall give not less than fourteen days notice in writing to the Authority of your intention to commence CVR testing at the CVR testing centre.
4. CVR testers
4.1 You shall, for the purposes of carrying out CVR tests and ADR tests:
(a) only employ or engage CVR testers who are authorised to carry out CVR tests of the categories of vehicles specified in paragraph 1(c) of Section 1 (Authorisation);
(b) in relation to ADR tests, only employ or engage CVR testers who are authorised to carry out ADR tests; and
(c) ensure that each CVR tester employed or engaged by you only carries out CVR tests and/or ADR tests on those categories of vehicles for which he or she is authorised to carry out CVR tests and/or ADR tests.
4.2 You shall take all reasonable steps to ensure that a person who is under the influence of an intoxicant (including alcohol or drugs or a combination of both alcohol and drugs) to the extent that he or she is in such a state as to endanger his or her own safety, health or welfare at work or that of any other person does not carry out CVR tests or ADR tests at the CVR testing centre.
5. Connectivity to CVR information system
5.1 You shall:
(a) liaise with, and afford reasonable access to such persons as the Authority may appoint for the purposes of installing, maintaining, repairing and upgrading the CVR information system at the CVR testing centre or the carrying out of any works in connection with the CVR information system;
(b) operate and maintain the CVR information system in accordance with any guidelines issued by the Authority;
(c) not cause or permit any damage or loss to the CVR information system or any associated equipment installed at the CVR testing centre (normal wear and tear excepted); and
(d) except where there is a defect, failure or damage to the CVR information system equipment installed at the CVR testing centre that is the responsibility of the Authority or a person appointed by the Authority to install and/or maintain the CVR information system, bear the cost of repair or replacement of such equipment.
5.2 You shall reimburse to the Authority any costs incurred by the Authority in reconnecting the CVR testing centre to the CVR information system following the suspension, revocation or expiry of this authorisation.
6. Requirements in relation to CVR testing
6.1 You shall put in place measures to ensure that CVR tests are carried out at the CVR testing centre in accordance with:
(a) the Act of 2012;
(b) any regulations made pursuant to the Act of 2012;
(c) any guidelines issued by the Authority under section 38 of the Act of 2012; and
(d) these Conditions of Authorisation.
6.2 To the extent not contemplated by paragraph 6.1 above, you shall put in place, in accordance with good industry practice, appropriate management and administrative arrangements in relation to the operation of the CVR testing centre
6.3 You shall hold ISO 9001/CITA 9B Certification and must notify the Road Safety Authority of any major non-compliances/non-conformances reported by an independent ISO/CITA 9B certification assessor, within one working day.
7. Opening hours of CVR testing centres
The CVR testing centre shall be open to the public for carrying out CVR tests during the hours ______________ and ______________ on days [to be specified].
8. Fees
You shall only charge the fee prescribed in regulations made under Part 2 of the Act of 2012 in respect of a CVR test or voluntary CVR safety test.
9. Display of authorisation
A copy of this authorisation shall be prominently and legibly displayed at the CVR testing centre in such manner that it can be easily inspected by the Authority, CVR testers and members of the public.
10. Information to be provided to the Authority
10.1 The Authority may require that you provide information in connection with any matters related to the operation of a CVR testing centre or the carrying out of CVR tests and ADR tests.
10.2 You shall respond to a request for information under paragraph 10.1 within such time period as the Authority may specify and you shall provide such supporting documentation as may reasonably be requested by the Authority.
10.3 Without prejudice to the generality of paragraph 10.1, you shall:
(a) for each financial year that you are authorised as a CVR test operator, submit to the Authority the audited financial statements for the CVR testing centre as soon as the same become available, but in any event within 90 days after the end of each financial year; these accounts shall contain details of the tests completed and the fees charged which shall be independently audited.
(b) supply evidence that you have the necessary insurances in place in accordance with requirements that may be specified by the Road Safety Authority from time to time
(c) not carry out, or cause to be carried out, a CVR test on a CVR vehicle where you or a connected person has a legal or beneficial interest in the CVR vehicle, unless you have given details of the proposed CVR test to the Authority in accordance with regulation 15 of the CVR authorisation regulations; and
(d) notify the Authority if you are, or have been, convicted of a specified offence in accordance with section 12 of the Act of 2012.
11. Remote observation of test lanes
You hereby consent, and you shall procure the consent of the CVR testers and other persons employed or otherwise engaged by you at the specified CVR testing centres, to the use by the Authority of CCTV monitoring of test lanes at the CVR testing centre.
12. Companies
Where the holder of this authorisation is a company it shall:
(a) nominate a person to be its representative and to liaise with the Authority in connection with this authorisation;
(b) provide details of each director and the secretary of such company to the Authority; and
(c) where the identity or details of any person referred to in (a) or (b) changes, provide details of such changes to the Authority within 5 working days of such changes being made.
13. Inspection activities at the CVR testing centre
It is a condition of authorisation that, in connection with the exercise of a power by an authorised officer or CVR inspector under the Act of 2012 or any regulations made thereunder, you shall:
(a) provide access to the CVR testing centre for such authorised officer or CVR inspector;
(b) cooperate with, and provide all reasonable assistance to, such authorised officer or CVR inspector; and
(c) if requested by such authorised officer or CVR inspector, make available an experienced person to accompany and assist the authorised officer or CVR inspector;
(d) allow the use of test lanes and test equipment located at the CVR testing centre by such authorised officer or CVR inspector, as the case may be, for inspection and enforcement purposes or test equipment consistency checks;
(e) subject to the payment of such fees as may be agreed with the Authority, provide towing and storage services to the Authority, in accordance with any instructions that may be given by the Authority, in connection with its inspection and enforcement activities; and
(f) cooperate with the Authority and An Garda Siochana in relation to, and afford reasonable access to the CVR testing centre for the purposes of, the conduct of CVR tests, including outside of normal working hours.
14. Costs of repeated inspections
14.1 Where an authorised officer enters the CVR testing centre for the purpose of exercising a function under section 25 of the Act of 2012 on more than one occasion and, on each such occasion, the exercise of such function relates to the same matter or matters (a “repeat inspection ”), you shall reimburse to the Authority the prescribed costs of each such repeat inspection.
14.2 Where, after the coming into operation of the CVR information system:
(a) you are liable to reimburse to the Authority the costs of a repeat inspection under paragraph 14.1; and
(b) you have not, within five working days of a demand for payment by the Authority, paid to the Authority the costs of such repeat inspection,
the Authority may deduct the costs of such repeat inspection from your CVR test fee account on the CVR information system.
15. Complaints
15.1 You shall record and submit details of all complaints received in connection with the carrying out of CVR tests or ADR tests at the CVR testing centre to the Authority within such timeframe as may be specified by the Authority, including:
(a) the name, address and contact details of the complainant;
(b) the date of receipt of the complaint;
(c) the nature of the complaint and the circumstances giving rise to the complaint;
(d) any response to the complaint given by you or on your behalf; and
(e) the outcome of the complaint.
15.2 You shall use best endeavours to:
(a) acknowledge receipt of each complaint within two working days; and
(b) respond to each complaint within fourteen working days,
of the date of receipt of such complaint.
16. Suspension or revocation of authorisation
You shall, upon the suspension or revocation of this authorisation under Part 2 of the Act of 2012, comply with all reasonable instructions of the Authority including, without limitation, in relation to:
(a) cessation of CVR testing and ADR testing at the CVR testing centre;
(b) granting of access to the CVR testing centre for the purposes of disconnecting the CVR testing centre from the commercial vehicle information system and the removal of any associated equipment from the CVR testing centre; and
(c) furnishing to the Authority such information as it may reasonably require in relation to CVR vehicles that are awaiting a CVR test or ADR test.
17. Revocation of pass statement and certificate of roadworthiness
Where a pass statement and/or certificate of roadworthiness is revoked under regulation 16 of the CVR testing regulations, you shall comply with all reasonable requirements of the Authority in connection with such revocation.
18. Data protection
To the extent that the carrying out of CVR tests or ADR tests (including the use of the CVR information system) involves the processing of personal data, as defined in the Data Protection Acts, by you on behalf of the Authority, you shall:
(a) process such personal data in accordance with the instructions of the Authority;
(b) implement and maintain such security measures as are required to comply with the data security obligations of the Data Protection Acts;
(c) allow the Authority (or its authorised representative(s)), acting reasonably, at reasonable times and on reasonable notice, to audit the security measures adopted by you to ensure that such measures comply with the data security obligations of the Data Protection Acts;
(d) report any incident which gives rise to a risk of unauthorised disclosure, loss, destruction or alteration of such personal data to the Authority immediately upon becoming aware of such an incident; and
(e) at all times comply with the relevant provisions of the Data Protection Acts including any obligation to register as a data processor (as defined in the Data Protection Acts) with the Data Protection Commissioner.
19. Attendance at training courses
You shall attend such training courses as may be specified by the Road Safety Authority in accordance with the Act of 2012 and Regulation made thereunder.
20. Special conditions
Special conditions relating to the matters contemplated by paragraphs 3 to 20 above that are applicable to the CVR test operator concerning premises, facilities and equipment, records, towage and storage.
Part 3
Application for authorisation as a CVR tester (to be completed by existing CVR testers)
This application form should be completed by CVR testers who are currently authorised for a transitional period of 18 months pursuant to section 17 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 , and who now wish to apply for authorisation beyond that transitional period.
1. Applicant details
CVR testing centre
Please provide details of your current place(s) of employment as a CVR tester.
2. Testers who have qualifications
This section is for applicants who have a Senior Trade Certificate or National Craft Certificate to FETAC Level 6 or above in the skill area of Light Commercial Vehicle, Heavy Commercial Vehicle, Agricultural or Construction Mechanic, or an equivalent qualification.
If you do not have such a qualification, go to Section 3.
Declaration of qualification, training and experience
Please confirm details of your qualification(s) and training by checking the box beside each declaration.
The Road Safety Authority reserves the right to seek additional information from you regarding your qualifications and experience.
Approved tester training
List all the refresher training (also called CPD) relating to CVR testing that you have attended in the past three calendar years, and indicate in each case whether it was for Heavy Commercial Vehicles (HCV), Light Commercial Vehicles (LCV) or ADR.
3. Testers who do not have qualifications
This section is for applicants who do not have a Senior Trade Certificate or National Craft Certificate to FETAC Level 6 or above in the skill area of Light Commercial Vehicle, Heavy Commercial Vehicle, Agricultural or Construction Mechanic, or an equivalent qualification.
Declaration of training and experience
Please confirm details of your training and experience by checking the box beside each declaration.
Approved tester training
List all the refresher training (also called CPD) relating to CVR testing that you have attended in the past three calendar years, and indicate in each case whether it was for Heavy Commercial Vehicles (HCV), Light Commercial Vehicles (LCV) or ADR.
Your experience as a commercial vehicle tester
Other experience as a mechanic
In assessing your application, the Road Safety Authority reserves the right to seek additional information from you, including in relation to your training and your past employment as a commercial vehicle tester and/or as a mechanic.
The Road Safety Authority may require that you undertake commercial vehicle tests under supervision as part of the assessment of your application.
4. Fit and proper person requirement
The Road Safety Authority must be satisfied that applicants are ‘fit and proper persons’ to be CVR testers.
Notification of specified offences
In applying for an authorisation as a CVR tester, the applicant must notify the Road Safety Authority if he or she has been convicted in the State or in any other jurisdiction of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 . These offences are listed in Appendix A.
WARNING: Failure to notify the Road Safety Authority of such a conviction or providing information to the Authority knowing it to be false or misleading is a criminal offence and may result in the Road Safety Authority determining that you are not a fit and proper person to hold an authorisation and the refusal of the application.
5. Declaration by applicant
I wish to apply for an authorisation as a CVR tester
I hereby declare that the information furnished in this application is complete, true and accurate.
I hereby confirm that I will notify any changes to any details in this application to the Authority within 5 working days of such changes taking effect.
I consent to the Road Safety Authority checking the accuracy of the information provided in this application (including checking my qualifications and previous work experience), both while processing this application and at any time during which I am authorised as a CVR tester.
I acknowledge that I must notify the Authority if I am, or have been, convicted of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 within 28 days of the expiry of the time allowed for appealing such conviction or the determination or withdrawal of the appeal of such conviction.
Checklist
Please tick the checklist below to confirm that all necessary documentation is enclosed.
Appendix A: Notification of a conviction for an offence specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
Section 12 of the Road Safety Authority (Commercial Vehicle Roadworthiness Act) 2012 obliges applicants for an authorisation to notify the Road Safety Authority in writing if he or she has been convicted in the State or any other jurisdiction of any of the following offences:
(a) Murder
(b) Manslaughter
(c) A drug trafficking offence (within the meaning of the Criminal Justice Act 1994 )
(d) An offence under the Non-Fatal Offences Against the Person Act 1997
(e) An offence under section 2 of the Illegal Immigrants (Trafficking) Act 2000
(f) A sexual offence (within the meaning of section 3 of the Sex Offenders Act 2001 )
(g) An offence under the Criminal Justice (Theft and Fraud Offences) Act 2001 ,
(h) An offence under the Criminal Law (Human Trafficking) Act 2008 ,
(i) An offence relating to money laundering under Part 2 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
(j) An offence under the Firearms Acts 1925 to 2009
(k) An offence under the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
(l) An offence relating to the fitting of a tachograph manipulation device or the improper use of a tachograph calibration certificate under the European Communities (Road Transport) (Working Conditions and Road Safety) Regulations 2008 ( S.I. No. 62 of 2008 )
(m) An offence consisting of attempting or conspiring to commit, or aiding, abetting, counselling, soliciting, procuring or inciting the commission of any offence mentioned in paragraphs (a) to (l)
(n) An offence under the law of another jurisdiction which corresponds to an offence mentioned in paragraphs (a) to (m), where the conduct constituting the offence under the law of that other jurisdiction would, if committed in the State, constitute an offence referred to in any of those paragraphs
In the case of the holder of an authorisation, this notification should be made within either
(i) 3 months of the commencement date of Section 12 of the 2012 Act or,
(ii) 28 days of the expiry of the time allowed for appealing such conviction or of the determination or withdrawal of the appeal of such conviction,
whichever is the latest.
It is very important that notifications be made in accordance with the provisions of the Act.
It is an offence under Section 12 of the Act for a person to fail to notify information in relation to convictions for the specified offences or for a person to notify information knowing it to be false or misleading. A person guilty of an offence under Section 12 is liable to a Class A fine (€5,000) or to imprisonment for six months on summary conviction, or to both, or on conviction on indictment to a fine up to €100,000 or imprisonment for a term not exceeding 12 months or to both.
In addition to the possible criminal penalties outlined above, where an applicant fails to make a required notification in accordance with Section 12(1), the Road Safety Authority may determine that the applicant is not a fit and proper person to hold an authorisation and, consequently, may refuse the application for authorisation and suspend or revoke any existing authorisation held by the applicant.
An applicant who was convicted of a specified offence must complete and sign a Conviction Notification Form in respect of each such conviction. If more than one conviction is to be notified, a separate Conviction Notification Form must be submitted for each conviction.
Conviction Notification Form
I hereby declare that the information provided by me in this notification is true, complete and accurate.
Part 3
Application for authorisation as a new CVR tester or for an amendment to an existing CVR tester authorisation
This application form applies to persons: —
(i) seeking authorisation as a Commercial Vehicle Roadworthiness (CVR) tester in accordance with Section 17 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 ; or
(ii) seeking an amendment to their CVR Tester authorisation.
Part A. (to be completed by the applicant)
A1.
Personal Details
Note: — If you are seeking an amendment to your authorisation please indicate your existing CVR tester Authorisation Number ______________
Please tick the box(es) below to indicate the type(s) of commercial vehicle you wish to be authorised to test.
(*Application for authorisation to conduct ADR tests only applies where HCV authorisation has been granted for at least one year).
A2. Qualifications
You must hold a recognised qualification as follows:
• Persons applying for authorisation to test Light Commercial Vehicles must hold a Senior Trade Certificate/National Craft Certificate to at least FETAC Level 6 in the skill area of Light Commercial Vehicle, Heavy Commercial Vehicle, Agricultural or Construction mechanic, or an equivalent qualification certificate from another country.
• Persons applying for authorisation to test Heavy Commercial Vehicles must hold a Senior Trade Certificate/National Craft Certificate to at least FETAC Level 6 in the skill area of Heavy Commercial Vehicle, Agricultural or Construction mechanic, or an equivalent qualification certificate from another country.
• Persons applying for an amendment to their authorisation to conduct ADR tests must have been authorised to test Heavy Commercial Vehicles for at least one year.
Applicants with an Irish qualification
Please specify the qualification you hold that meets the above requirements.
You must enclose a copy of your certificate with this application. Your certificate will be verified by the Road Safety Authority as part of the assessment of your application.
Applicants with a qualification from another country
If your qualification is from a country other than Ireland, it must be a qualification that is officially recognised in Ireland. The National Qualifications Authority of Ireland operates the Irish centre for the recognition of international qualifications, known at Qualifications Recognition — Ireland.
The International Qualifications Database lists very many international qualifications and shows their Irish equivalent — you can check this at www.qualificationsrecognition.ie/.
If your qualification is not listed in the database, you may apply to have it recognised. The procedure and forms for doing this are available on www.qualificationsrecognition.ie/.
Please specify the qualification you hold that meets the above requirements.
You must enclose a copy of your certificate with this application, together with the statement of equivalence provided by Qualifications Recognition — Ireland. These details will be verified by the Road Safety Authority as part of the assessment of your application.
A3. Experience
You must provide evidence of adequate experience gained after achieving your qualification:
Evidence of experience
As evidence of your experience, you must enclose with your application a statement, signed by your current or former employer(s), which includes the following details:
• The types of vehicles you worked on and the maintenance activities you performed on them;
• The length of time that you performed these duties.
Please also give details of your experience in the table below.
In assessing your application, the Road Safety Authority may seek additional information concerning your experience.
A4. Fit and proper person requirement
The Road Safety Authority must be satisfied that applicants are ‘fit and proper persons’ to be CVR testers.
Notification of specified offences
In applying for authorisation as a CVR tester, the applicant must notify the Road Safety Authority if he or she has been convicted in the State or in any other jurisdiction of any of the offences specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 . These offences are listed in Appendix A.
WARNING: Failure to notify the Road Safety Authority of such a conviction or providing information to the Authority knowing it to be false or misleading is a criminal offence and may result in the Road Safety Authority determining that you are not a fit and proper person to hold an authorisation and the refusal of the application.
A5. Declaration by applicant
I wish to apply for authorisation as a CVR tester or for an amendment to an existing CVR tester authorisation.
I understand that I must supply the Road Safety Authority with information appropriate to this application and that failure to supply full details and relevant documentation and failure to sign this application can result in this application being refused.
I hereby declare that the information furnished in this application and in the accompanying documents is true, complete and accurate.
I consent to the Road Safety Authority checking the accuracy of the information provided in this application including checking my qualifications and previous work experience.
I acknowledge that I must notify the Authority if I am, or have been, convicted of any of the offences specified in Section 12(1) of the Act of 2012.
I wish to apply for enrolment on an initial CVR tester training course relevant to my application. I accept that submission of this application does not guarantee enrolment on a CVR tester training course. I understand that the Road Safety Authority may supply the information on this application form to the Athlone Institute of Technology in connection with the training course.
Checklist
Please tick the checklist below to confirm that all necessary documentation is enclosed.
*You only need to submit a copy of your Senior Trade Certificate/National Craft Certificate/or an equivalent certificate — where you a making an application to be authorised as a new CVR tester.
Part B: Nomination for CVR Tester Training
B1. CVR Testing Centre
B2. Person making the nomination
B3. Applicant being nominated
Is this person currently employed as a mechanic by the CVR Testing Centre?
Does this person have the necessary qualifications and experience (as set out in Sections A2 and A3 of this Application Form)?
Appendix A: Notification of a conviction for an offence specified in Section 12 (1) of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
Section 12 of the Road Safety Authority (Commercial Vehicle Roadworthiness Act) 2012 obliges applicants for an authorisation to notify the Road Safety Authority in writing if he or she has been convicted in the State or any other jurisdiction of any of the following offences:
(a) Murder
(b) Manslaughter
(c) A drug trafficking offence (within the meaning of the Criminal Justice Act 1994 )
(d) An offence under the Non-Fatal Offences Against the Person Act 1997
(e) An offence under section 2 of the Illegal Immigrants (Trafficking) Act 2000
(f) A sexual offence (within the meaning of section 3 of the Sex Offenders Act 2001 )
(g) An offence under the Criminal Justice (Theft and Fraud Offences) Act 2001 ,
(h) An offence under the Criminal Law (Human Trafficking) Act 2008 ,
(i) An offence relating to money laundering under Part 2 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
(j) An offence under the Firearms Acts 1925 to 2009
(k) An offence under the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
(l) An offence relating to the fitting of a tachograph manipulation device or the improper use of a tachograph calibration certificate under the European Communities (Road Transport) (Working Conditions and Road Safety) Regulations 2008 ( S.I. No. 62 of 2008 )
(m) An offence consisting of attempting or conspiring to commit, or aiding, abetting, counselling, soliciting, procuring or inciting the commission of any offence mentioned in paragraphs (a) to (l)
(n) An offence under the law of another jurisdiction which corresponds to an offence mentioned in paragraphs (a) to (m), where the conduct constituting the offence under the law of that other jurisdiction would, if committed in the State, constitute an offence referred to in any of those paragraphs
In the case of the holder of an authorisation, this notification should be made within either
(i) 3 months of the commencement date of Section 12 of the 2012 Act or,
(ii) 28 days of the expiry of the time allowed for appealing such conviction or of the determination or withdrawal of the appeal of such conviction,
whichever is the latest.
It is very important that notifications be made in accordance with the provisions of the Act.
It is an offence under Section 12 of the Act for a person to fail to notify information in relation to convictions for the specified offences or for a person to notify information knowing it to be false or misleading. A person guilty of an offence under Section 12 is liable to a Class A fine (€5,000) or to imprisonment for six months on summary conviction, or to both, or on conviction on indictment to a fine up to €100,000 or imprisonment for a term not exceeding 12 months or to both.
In addition to the possible criminal penalties outlined above, where an applicant fails to make a required notification in accordance with Section 12(1), the Road Safety Authority may determine that the applicant is not a fit and proper person to hold an authorisation and, consequently, may refuse the application for authorisation and suspend or revoke any existing authorisation held by the applicant.
An applicant who was convicted of a specified offence must complete and sign a Conviction Notification Form (see overleaf) in respect of each such conviction. If more than one conviction is to be notified, a separate Conviction Notification Form must be submitted for each conviction.
The Notification must be made at the time of making the application for authorisation.
Conviction Notification Form
I hereby declare that the information provided by me in this notification is true, complete and accurate.
Part 4
Authorisation as a CVR Tester
Authorisation Number: ______________
1. Pursuant to Section 17 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 ,and the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Conferral of Functions) Order 2013, the Road Safety Authority hereby authorises
[Name of CVR tester] ______________
a) to be a CVR tester and ADR tester (delete as appropriate);
b) to carry out CVR tests at CVR testing centres in respect of the following categories of CVR vehicles:
[specify categories of CVR vehicles]; and
from the date of this authorisation until suspended or revoked by the Authority or surrendered by you.
2. This authorisation is personal to the person named above and may not be assigned or otherwise transferred to any other person. You may not assign, sub-contract or otherwise transfer any of the obligations of a CVR tester to any other person.
3. Definitions
Terms and expressions used in this authorisation and not otherwise defined in this authorisation shall have the meaning given to them in the Act of 2012.
In this authorisation:
“Act of 2012 ”means the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 ; and
“specified offence ”means an offence specified in section 12(1) of the Act of 2012.
Conditions of authorisation
4. You shall comply with:
(a) Part 2 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (Act of 2012);
(b) any regulations made under Part 2 of the Act of 2012;
(c) any guidelines issued by the Road Safety Authority under Section 38 of the Act of 2012; and
(d) any directions issued by an authorised officer or CVR inspector under Part 2 of the Act of 2012.
5. You shall, for the purposes of carrying out tests, only carry out CVR tests in respect of the categories of vehicles specified in paragraph 1(b).
6. You shall undertake such training, including periodic refresher training, as may be specified in regulations made under Part 2 of the Act of 2012 from time to time or as may be directed by an authorised officer.
7. You shall cooperate with, and afford all reasonable assistance to, the Road Safety Authority, authorised officers and CVR inspectors in relation to the supervision and enforcement of matters relating to CVR testing and ADR testing.
8. You shall use the CVR information system installed at the CVR testing centre for the purposes of conducting CVR tests in accordance with any guidelines issued by the Road Safety Authority.
9. Subject to paragraph 10, you shall keep confidential and not disclose to any other person any information, documents, records or data concerning a CVR vehicle, the owner or person presenting a CVR vehicle for a CVR test or the outcome of a CVR test.
10. You may disclose information referred to in paragraph 9:
a. to the extent that such disclosure is necessary for the purposes of performing your duties as a CVR tester, to:
i. the CVR test operator at whose CVR testing centre you are employed or engaged to carry out CVR tests; and
ii. any other CVR tester at the CVR testing centre you are employed or engaged to carry out CVR tests,
b. to the Road Safety Authority, authorised officers and CVR inspectors; and
c. as may otherwise be required by law.
11. You shall keep confidential and not disclose to any other person the unique identification number which is assigned to you to facilitate your use of the CVR information system. You shall log-out of the CVR information system when vacating the test lane.
12. You shall comply with any request for information from the Road Safety Authority in connection with any matters contemplated by this authorisation or the conduct of CVR testing.
13. Without prejudice to the generality of paragraph 11, you shall:
a. where there are any changes to the details submitted to the Road Safety Authority in connection with your application to be authorised as a CVR tester, provide details of such changes to the Road Safety Authority within 5 working days of such changes being made.;
b. notify the Road Safety Authority if you are, or have been, convicted of a specified offence in accordance with section 12 of the Act of 2012.
14. You consent to the use by the Road Safety Authority of CCTV monitoring of the carrying out of CVR tests by you at CVR testing centres.
15. You shall conduct yourself in a proper and orderly manner at all times and you shall conduct any business with owners of vehicles and the agents of such owners, the Road Safety Authority and any authorised officers and CVR inspectors in a polite and helpful manner.
16. You shall be properly attired with a uniform with your first name and CVR tester authorisation number prominently displayed on a badge affixed to the uniform.
17. You shall immediately return this authorisation to the Road Safety Authority in the event that this authorisation is suspended or revoked by the Road Safety Authority or is surrendered by you.
18. You shall not deface, alter or otherwise interfere with this authorisation.
19. You shall ensure that you are not under the influence of an intoxicant (including alcohol or drugs or a combination of both alcohol and drugs)) to the extent that you are in such a state as to endanger your own safety, health or welfare at work or that of any other person or to interfere with CVR testing. You shall comply with all reasonable instructions of the CVR test operator in relation to measures to ensure the safety, health and welfare of persons at the CVR testing centre and the proper conduct of CVR testing.
SCHEDULE 2
Regulations 6 and 9
APPLICATION AND INSPECTION FEES
Part 1
Application fees
Part 2
Inspection fee
GIVEN under my Official Seal,
27 March 2013.
LEO VARADKAR,
Minister for Transport, Tourism and Sport.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
The purpose of these Regulations is to provide for the process of authorisation of commercial vehicle roadworthiness (CVR) test operators and CVR testers in accordance with the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (No. 16 of 2012). These Regulations prescribe:
• the application forms to be used by persons seeking authorisation, renewal of an authorisation or amendment of an authorisation, as a CVR test operator or a CVR tester;
• the fees payable in respect of such applications;
• the forms of authorisation to be issued by the Road Safety Authority; and
• certain requirements in relation to the suspension or revocation of authorisations.
The Regulations oblige CVR test operators to notify the Road Safety Authority in advance of conducting a roadworthiness test in respect of a CVR vehicle in which the CVR test operator or a CVR tester has a legal or beneficial interest.
1 OJ No. L 263, 9.10.2007, p.1

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