Find out details of the legislation underpinning Roadworthiness and Drivers Hours & Tachographs obligations.
Signed by the president on the 30th May 2012 this Act establishes a new legal framework for commercial vehicle roadworthiness in the State. The Act includes provisions for:-
These regulations commenced on 27th March 2013 and include provisions relating to:-
Qualifications and training requirements.
These Regulations provide for :
Under the regulations, commercial vehicle owners are required to put in place a system for the regular inspection and maintenance of vehicles and to review the system to ensure it is fit for purpose. In making decisions on the frequency of maintenance of vehicles, vehicle owners shall have regard to a number of factors as specified in the regulations which includes the age, mileage, normal wear and tear and the condition of the vehicle. A daily walk-around check must be completed on the vehicle before it is used on a public road and defects found during the check must be reported to the owner of the vehicle concerned. The owner of the vehicle is responsible for ensuring that the person conducting the daily walk-around check is trained to conduct the required walk-around check. A person undertaking repairs and maintenance of a vehicle must be suitably qualified and have the necessary training, expertise or experience to conduct such activities to ensure that the vehicle is roadworthy.
In accordance with the Road Safety Authority (Commercial vehicle roadworthiness) Act 2012, the RSA has appointed authorised officers to inspect compliance with these regulations and to issue directions and take prosecutions for non-compliance.
Both RSA Authorised Officers and Bureau Veritas, on behalf of the Authority, are conducting these operator premises inspections. Most initial visits are educational and advisory in nature to give operators the opportunity to know their obligations and comply. At least 250 to 300 operator premises inspections are conducted each month.
A person convicted of an offence under the regulations may be liable to a fine of up to €5,000 or a term of imprisonment not exceeding 6 months or to both.