I propose to take Questions Nos. 524 to 526, inclusive, together.
The framework at European level in regard to compulsory periodic roadworthiness testing of motor vehicles is set down in EU Directive 96/96/EC. The directive specifies the categories of vehicles liable to testing, the minimum frequency of testing of vehicles, the items that have to be tested and the arrangements for testing. The directive requires that a vehicle liable to roadworthiness testing must be tested in the member state in which it is registered and that the proof of passing a roadworthiness test issued by that member state must be recognised in other member states. These provisions are set out in Articles 1 and 3 of the directive. The directive has been implemented in relation to the roadworthiness testing of motor cars in Ireland by means of the Road Traffic (National Car Test) Regulations 2003.
The directive does not contain provisions to enable a member state, irrespective of the circumstances involved, to require a vehicle registered in another member state to be made subject to a roadworthiness test in its territory for the purposes of the directive. To do so would be contrary to Internal Market rules for road transport in facilitating the free circulation of vehicles within the EU. However, motor vehicles brought into Ireland from abroad, other than those brought in temporarily by visitors, must be registered with the Revenue Commissioners by the end of the next working day following their arrival in the State. Once a vehicle has been registered by the Revenue Commissioners, it becomes liable to roadworthiness testing in accordance with Irish law.
My Department has no record of having received notifications in accordance with Article 3 of Directive 96/96/EC from the most recent accession member states and is not familiar with the precise arrangements in place in those member states for the enforcement of the directive's requirements. However, given that the directive requires member states to ensure vehicles passing roadworthiness tests in their jurisdictions for the purposes of the directive are issued with proof of such status, it is open to a member state to require a driver of a vehicle, regardless of the member state in which it is registered, to produce the proof of roadworthiness for the vehicle to establish its roadworthiness status vis-à-vis the directive’s requirements. There is no evidence available to my Department to suggest that there is a particular problem in compliance with the directive’s requirements by non-Irish EU registered vehicles using Irish roads.
An extensive range of requirements must be satisfied to use a motor vehicle in a public place in Ireland regardless of the country of registration of the vehicle. In that regard, all cars are required to comply with statutory requirements relating to the construction, equipment and use of vehicles as set out in the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2002, the Road Traffic (Construction and Use of Vehicles) Regulations 2003 to 2004, and the Road Traffic (Lighting of Vehicles) Regulations 1963 to 1996. The use of a vehicle in contravention of these regulations, regardless of its country of registration, would constitute an offence and leave a person open to prosecution under road traffic law.