S.I. No. 412/2005 - European Communities (Two and Three Wheel Motor Vehicle Entry into Service) Regulations 2005
S.I. No. 412 of 2005 .
EUROPEAN COMMUNITIES (TWO AND THREE WHEEL MOTOR VEHICLE ENTRY INTO SERVICE) REGULATIONS 2005.
I, MARTIN CULLEN, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2002/24/EC of the European Parliament and of the Council of 18 March 20021 as corrected by a Corrigendum,2 and as amended by Commission Directive 2003/77/EC of 11 August 20033 in so far as they relate to the entry into service of two or three-wheel motor vehicles, hereby make the following regulations:

1.  These Regulations may be cited as the European Communities (Two and Three Wheel Motor Vehicle Entry into Service) Regulations 2005.

2.  (1)  In these Regulations—
“authorised person” means a person authorised by the Minister under Regulation 10 or an officer of the Revenue Commissioners authorised under section 159 of the Finance Act 1997 ;
“conformity declaration” means that part of the declaration for registration of a new vehicle, in the form prescribed from time to time by the Revenue Commissioners, which contains the particulars of the vehicle and the reference number of the Directive in accordance with which the manufacturer issued the EC certificate of conformity in respect of the vehicle;
“Council Directive” means Directive 2002/24/EC of 18 March 20021 , as corrected by Corrigendum2 and as amended by Commission Directive 2003/77/EC of 11 August 20033 ;
“distributor” has the meaning assigned to it by Regulation 4 of the Vehicle Registration and Taxation Regulations 1992 ( S.I. No. 318 of 1992 );
“EC type-approval certificate” means a certificate issued by the competent authority in a Member State for a type of vehicle in accordance with Article 5 of the Council Directive in the form set out in Annex III to that Directive;
“EC certificate of conformity” means a certificate which is completed by the manufacturer in accordance with Article 7 of the Council Directive—
(a)  in the form set out in Annex IV-A to the Council Directive, or
(b)  in the form set out in Annex IV-A to Council Directive 92/61/EEC of 30 June 19924 in respect of certificate issued by the manufacturer before 9 November 2004,
and is for the time being in force;
“end-of-series vehicle” means a new vehicle—
(a)  conforming with a type of vehicle whose type approval is no longer valid due to the subsequent coming into force of a requirement of the Council Directive, or a separate directive, or an amendment thereto, and but for such requirement the type-approval would still be valid, and
(b)  the vehicle was in the territory of the EC and was accompanied by an EC certificate of conformity but has not been registered or entered into service before the type-approval lost its validity;
“Minister” means the Minister for Transport;
“moped” means a two-wheel vehicle (category L1e) or a three-wheel vehicle (category L2e) with a maximum design speed of not more than 45 km/h and characterised by—
(a)  in the case of a two-wheel type, an engine whose:
(i)  cylinder capacity does not exceed 50 cm3 in the case of the internal combustion engine type, or
(ii)  maximum continuous rated power is no more than 4 kW in the case of an electric motor;
(b)  in the case of a three-wheel type, an engine whose:
(i)  cylinder capacity does not exceed 50 cm3 if of the spark (positive) ignition type,
(ii)  maximum net power output does not exceed 4 kW in the case of other internal combustion engines, or
(iii)  maximum continuous rated power does not exceed 4 kW in the case of an electric motor;
“motorcycle” means a two wheeled vehicle without a sidecar category (L3e) or with a sidecar, category (L4e), fitted with an engine having a cylinder capacity of more than 50 cm3 if of the internal combustion type or having a maximum design speed of more than 45 km/h or both;
“motor tricycle” means a vehicle with three symmetrically arranged wheels (category L5e) fitted with an engine having a cylinder capacity of more than 50 cm3 if of the internal combustion type or a maximum design speed of more than 45 km/h or both;
“new vehicle” means a moped, motor cycle, motor tricycle or quadricycle which has not been previously registered but in the case of a vehicle previously registered outside the European Community, includes such vehicle unless it was first registered more than 3 months previously and continued to be registered for a period of not less than 3 months;
“quadricycle” means a motor vehicle with four wheels having the following characteristics:
(a)  light quadricycles whose unladen mass is not more than 350 kg (category L6e), not including the mass of the batteries in case of electric vehicles whose maximum design speed is no more than 45 km/h, and
(i)  whose engine cylinder capacity does not exceed 50 cm3 for spark (positive) ignition engines,
(ii)  whose maximum net power output does not exceed 4 kW in the case of other internal combustion engines, or
(iii)  whose maximum continuous rated power does not exceed 4 kW in the case of an electric motor,
(b)  quadricycles, other than those referred to in paragraph (a), whose unladen mass is not more than 400 kg (category L7e) (500 kg for vehicles intended for carrying goods), not including the mass of batteries in the case of electric vehicles and whose maximum net engine power does not exceed 15 kW;
“registration” means registration of a vehicle in the State under section 130 of the Finance Act 1992 (No. 9 of 1992 or registration of a vehicle outside the State under a corresponding law;
“separate directives” means the directives listed in Annex 1 to the Council Directive, as appropriate, taking account of the scope and latest amendment to each such directive;
“type-approval” has the meaning assigned to it in Article 2(7) of the Council Directive;
“type of vehicle” has the meaning assigned to it in Article 2(1) of the Council Directive.
(2)  A word or expression which is used in these Regulations and which is also used in the Council Directive has unless the context otherwise requires, the same meaning in these Regulations as it has in the Council Directive.
(3)  In these Regulations—
(a)  a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended and
(b)  a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

3.  (1)  Subject to paragraph (2), these Regulations apply to new vehicles.
(2)  These Regulations do not apply to—
(a)  vehicles—
(i)  which are for use by the Defence Forces Civil Defence, Fire Services, Irish Marine Emergency Service or the Garda Síochána,
(ii)  with a maximum design speed not exceeding 6 km/h,
(iii)  which are pedestrian controlled,
(iv)  constructed or adapted for use by persons with a physical disability,
(v)  specifically constructed or adapted for use in competition, on roads or in off-road conditions and
(vi)  designed primarily for off-road leisure use having wheels arranged symmetrically with one wheel at the front of the vehicle and two at the rear,
(b)  tractors and machines, used for agricultural or similar purposes,
(c)  cycles with pedal assistance which are equipped with an auxiliary electric motor having a maximum continuous rated power of 0.25 kW of which the output is progressively reduced and finally cut off as the vehicle reaches a speed of 25 km/h, or sooner, if the cyclist stops pedalling, and
(d)  single vehicles, being a vehicle which is one of a kind by virtue of having been built by or specifically for the owner, to a plan which is the property of the owner.

4.  (1)  Notwithstanding Regulation 8 of the European Communities (Motor Vehicles Type Approval) Regulations 1978 ( S.I. No. 305 of 1978 ) and subject to paragraphs (2 and (3), the manufacturer of a new vehicle, to which these Regulations apply and for which a declaration for registration is to be made to the Revenue Commissioners, shall complete an EC certificate of conformity for the vehicle, in accordance with Article 7 of the Council Directive.
(2)  A manufacturer shall not issue an EC certificate of conformity for a vehicle unless—
(a)  the competent authority of a Member State of the European Community has completed an EC type-approval certificate for the type of vehicle concerned,
(b)  the type-approval is still valid, and
(c)  the vehicle has been manufactured in conformity with the type approved, including conformity with the requirements of each of the separate directives insofar as such requirements apply to such vehicle.
(3)  An EC certificate of conformity shall be printed on paper protected by either coloured graphics or watermarked with the vehicle manufacturer's identification mark.

5.  (1)  Subject to paragraph (2), new vehicles to which these regulations apply may not be presented for first registration by the Revenue Commissioners and may not be allowed entry into service unless they comply with Regulation 6 or 7 or are granted an exemption under Regulation 8, as appropriate.
(2)  For the purposes of paragraph (1), new vehicles produced in small series of up to a maximum of 200 units a year per type of vehicle,
(a)  exempted by a Member State pursuant to Article 15(3)(a)(i) of the Council Directive, from compliance with any of the requirements of the separate directives, and
(b)  accompanied with EC certificates of conformity with the special type-approval so agreed may only be presented for first registration by the Revenue Commissioners and allowed entry into service where the Minister, on the application of the manufacturer, agrees.

6.  Subject to Regulation 7, the distributor of a new vehicle, where in possession of an EC certificate of conformity in respect of the vehicle, and for which a declaration for registration is to be made to the Revenue Commissioners shall—
(a)  complete the conformity declaration on the registration form in respect of the vehicle and issue the said form to the owner of the vehicle, who shall submit such declaration to the Revenue Commissioners, and
(b)  retain such certificate in a secure place.

7.  (1)  Save where a conformity declaration is made by a distributor in respect of a new vehicle under Regulation 6 the owner of such vehicle for which a declaration is to be made to the Revenue Commissioners, shall submit an EC certificate of conformity for the vehicle to the Revenue Commissioners.
(2)  A person shall not supply or offer for sale a new vehicle to which these regulations apply, for which a declaration for registration is to be made to the Revenue Commissioners unless the vehicle—
(a)  is accompanied by an EC certificate of conformity,
(b)  is an end-of-series vehicle which has been granted an exemption under Regulation 8, or
(c)  is a vehicle agreed by the Minister under Regulation 5.
(3)  A person who contravenes paragraph (2) is guilty of an offence.

8.  (1)  The Minister may, subject to the application of a manufacturer or distributor on his behalf, in respect of an end-of-series vehicle, in accordance with Regulation 9, grant an exemption whereby the EC certificate of conformity issued for the said vehicle when the type-approval for the vehicle type was still valid, shall be accepted for the purpose of making a declaration for registration to the Revenue Commissioners and entry into service for a period of 12 months from the date the vehicle first became an end-of-series vehicle.
(2)  Subject to paragraph (3), the maximum number of vehicles of one or more types for which the Minister may grant exemptions under paragraph (1) shall not exceed—
(a)  the number of vehicles equivalent to 10 per cent of the vehicles of all types concerned which were registered by the Revenue Commissioners in the 12 month period preceding the day the type approval for the type or types of vehicle to which the vehicles conform ceased to be valid, or
(b)  the number of vehicles of any one type for which an EC vehicle certificate of conformity was issued on or after the date of manufacture and which remained in force for at least 3 months after its date of issue,
whichever is the greater.
(3)  Where the application of paragraph (2)(a) would result in exemptions for less than 100 vehicles, the Minister may grant exemptions for up to 100 vehicles.

9.  (1)  An application for an exemption under Regulation 8 must be made in writing to the Minister by the manufacturer or the distributor of the vehicle and contain—
(a)  details of either or both the technical reasons and the economic reasons for the making of the application,
(b)  details of the type of vehicle to which the application applies and details of the requirement but for which its EC certificate of conformity would still be in force, citing the particular provision for this requirement,
(c)  confirmation that the vehicle has been in the territory of the European Community from a date when its EC certificate of conformity was in force, and, where relevant, confirmation that such certificate remained in force for a minimum period of 3 months,
(d)  the vehicle identification number of each vehicle for which the exemption is sought, and
(e)  the number of vehicles of the type or types concerned which were first registered by the Revenue Commissioners in the 12 months preceding the day the vehicles first became end of series vehicles.
(2)  An application in respect of a vehicle or vehicles under paragraph (1) shall be accompanied by the EC vehicle certificate or certificates of conformity relevant to the vehicle or vehicles which issued when the type-approval of the relevant vehicle type or types concerned was still valid.
(3)  The Minister may request an applicant for an exemption under Regulation 8 to submit such other information or documents as the Minister may require to consider an application and the applicant shall comply with any such requests.

10.  (1)  The Minister may appoint persons to be authorised persons for the purposes of these Regulations.
(2)  An authorised person—
(a)  who is not an officer of the Revenue Commissioners authorised under section 159 of the Finance Act 1992 shall be furnished with a warrant of his or her appointment, and
(b)  when exercising a power conferred on him or her under this Regulation shall, if requested by any person affected, produce the warrant of his or her appointment to that person for inspection.
(3)  An authorised person may for the purpose of ensuring that these Regulations are being complied with—
(a)  require the manufacturer or the distributor of a vehicle for which a declaration for registration was submitted to the Revenue Commissioners to produce to him or her all or any of the following—
(i)  the EC certificate of conformity for the vehicle concerned,
(ii)  the EC type-approval certificate for the type of vehicle that the vehicle concerned purports to conform to, or
(iii)  one or more of the separate directive approval certificates that were required to accompany the application for vehicle type-approval for the type of vehicle that the vehicle concerned purports to conform,
(b)  enter at any reasonable time any premises or place owned or occupied by a manufacturer of a vehicle or the distributor and search and inspect the premises and any EC certificates of conformity any EC type-approval certificates, any separate directive approval certificates and any books documents or records relating to the registration of vehicles found therein,
(c)  require any person in charge of the premises or place to produce to him or her any books documents or records relating to the registration of vehicles which are in the person's power or control (and in the case of such information in a non-legible form to reproduce it in a legible form) and to give to him or her such information as he or she may reasonably require in relation to any entries in such books, documents or records,
(d)  inspect and take extracts from or make copies of any such books, documents or records (including in the case of information in a non-legible form a copy of or extract from such information in a legible form),
(e)  remove and retain such books, documents or records for such period as may be reasonable for further examination,
(f)  require any person in charge of the premises or place to maintain such books, documents or records for such period of time, as may be reasonable, as he or she directs,
(g)  require any person in charge of the premises or place to give him or her any information which he or she may reasonably require with regard to the registration of vehicles.
(4)  Where an authorised person in exercise of his or her powers under this Regulation is prevented from entering any premises or place, an application may be made under paragraph (6) for a warrant to authorise such entry.
(5)  An authorised person shall not, other than with the consent of the occupier, enter a private dwelling, unless he or she has obtained a warrant from the District Court under paragraph (6) authorising such entry.
(6)  If a judge of the District Court is satisfied, on the sworn information of an authorised person that there are reasonable grounds for suspecting that information required by an authorised person for the purpose of this Regulation is held at any premises or any place, the judge may issue a warrant authorising an authorised person, accompanied, if appropriate, by other authorised persons or by a member of the Garda Síochána at any time or times within one month from the date of issue of the warrant, on production of the warrant, if so requested, to enter those premises or that place, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised person under this Regulation.
(7)  An application under paragraph (6) shall be made to a judge of the District Court within whose district court area the manufacturer or the distributor concerned of a vehicle carries on business.
(8)  A person who—
(a)  without reasonable excuse fails or refuses with any request or requirement made by an authorised person under this Regulation,
(b)  obstructs, impedes, interferes with or assaults an authorised person in the exercise of a power under this Regulation,
(c)  gives to an authorised person information which is false or misleading in a material respect, or
(d)  alters, suppresses, or destroys any certificates books, documents or records which the person concerned has been required to produce, or reasonably expected to be required to produce,
is guilty of an offence.

11.  A person who includes false information in an EC certificate of conformity or makes a false conformity declaration pursuant to Regulation 6 knowing that such information is false is guilty of an offence.
12.  (1)  A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding €5,000.
(2)  An offence under these Regulations may be prosecuted by the Minister, an authorised person or a member of the Garda Síochána.
GIVEN under my Official Seal, this 28th day of July 2005.
 
MARTIN CULLEN,

Minister for Transport.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations together with the European Communities (Motor Vehicles Type Approval) (Amendment) Regulations 2005 ( S.I. No. 164 of 2005 ) transpose Directive 2002/24/EC relating to the type approval of two or three wheel motor vehicles.
These Regulations require that each new moped, motor cycle, motor tricycle and quadricycle being presented to the Revenue Commissioners for first registration, will be required to have an EC certificate of conformity with Directive 2002/24/EC. The EC certificate of conformity is completed by the manufacturer for compliant vehicles.
1 OJ No. L124, 9.5.2002, p. 1.

2 OJ No. L49, 22.2.2003, p. 23.

3 OJ No. L211, 21.8.2003, p. 24.

1 OJ No. L124, 9.5.2002, p. 1.

2 OJ No. L49, 22.2.2003, p. 23.

3 OJ No. L211, 21.8.2003, p. 24.

4 OJ No. L225, 10.8.92, p. 72.