The Legislation

Find out details of the legislation underpinning Roadworthiness and Drivers Hours & Tachographs obligations. 

Commercial Vehicle Roadworthiness Legislation 

The Road Safety Authority Commercial Vehicle Roadworthiness Act 2012 (PDF)

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

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

S.I. No. 475 of 2022 Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers(Amendment) Regulations 2022 (PDF)

These regulations commenced on 27 September 2022 and include provisions relating to:- 

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

S.I. No. 414 of 2017​ Authorisation of Commercial Vehicle Roadworthiness Test Operators and Testers (Amendment) Regulations 2017 (PDF) ​

These regulations commenced on the 20 May 2018 and include provisions relating to:-  

  • ​addition of new CVR Vehicle Type for Fast Tractors 
  • updates as regards tester qualification requirements 
  • updates to conditions of authorisation. 

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

These Regulations provide for :

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

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

S.I. 117 of 2018 Commercial Vehicle Testing Amendment Regulations (PDF)​  

There regulations commence on 20 May 2018 and include provisions for  

  • ​testing of Fast Tractors 
  • test result of Pass with Minor Deficiencies 
  • test frequency of Vintage Vehicles 
  • test due dates for Converted/Imported vehicles 
  • recognition of roadworthiness certificates issued by other EU member states. 

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

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

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

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 A.A. Ireland, 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.

Tachograph Legislation. 

Drivers Hours Legislation

Working Time Legislation 

  • Council Directive No. 2002/15 on the organisation of the working time of persons performing mobile road transport activities;
  • S.I. 36 of 2012 – European Communities (Road Transport)(Organisation of the working time of persons performing mobile road transport activities) Regulations 2012;
  • S.I.  49 of 2015 - European Communities (Road Transport) (Organisation of working time of persons performing mobile road transport activities) (Amendment) Regulations 2015;
  • S.I.  342 of 2015 –  Organisation of working time (Non-application of certain provisions to persons performing mobile road transport activities) Regulations 2015;
  • Road Traffic Act 1961 – (extract Section 114)​;

EU legislation dealing with enforcement of tachograph and  drivers hours related provisions

[Disclaimer:  This is not intended to be an exhaustive list of all of the legal provisions associated with the rules on driving and resting time of HGV/PSV drivers, working time, tachographs or Commercial Vehicle Roadworthiness]​

Making a Confidential Complaint/Report

If you have concerns that an operator or driver may be acting illegally in relation to Vehicle Roadworthiness, Drivers Hours, Tachographs and/or Unlicensed Haulage your can submit a confidential complaint to the RSA. Find out how to submit your complaint on our complaints page. ​

Publication of Convictions 

In circumstances where a person or operator is convicted of a road transport related offence, details of the conviction (including name and penalty applied) will be published on the prosecutions section of the RSA website. ​


 

Related Content