____________________________ PART 2 ____________________________ VRT SECONDARY LEGISLATION __________________ Introduction Finance Act 1992 Legislation INTRODUCTION AND GUIDE TO USE__________________________________________________________ The purpose of this non-statutory consolidation is to provide the basic legislative texts relating to Vehicle Registration Tax (VRT) in one publication. Part 1: Each section of the Principal Act, the Finance Act of 1992, has been amended to incorporate all of the subsequent changes and are annotated accordingly. Where amended, the original text of the Principal Act is given as an annotation. Cross-references between sections of the Act and Regulations of the Statutory Instruments are given as marginal notes. In addition, each section of the Principal Act has annotations in respect of relevant definitions and cross-references within the Act itself. Part 2: Contains all Statutory Instruments pertaining to VRT. Part 3: Contains a non-statutory consolidation of the General Excise provisions governing VRT since 2001 in relation to Offences, Penalties and Proceedings, Powers of Officers and Appeals. Part 4: Contains the sections of the Finance Acts which amend the Principal Act and is annotated with explanatory notes for each section. The explanatory notes are largely based on the Explanatory Memoranda which accompany the Finance Acts. Part 5: Contains a non-statutory consolidation of the primary legislation and all secondary legislation in relation to tax concessions available to disabled drivers, disabled passengers and certain organisations engaged in the care and transport of disabled persons. Part 6: An Index of the contents of the legislation has been provided. The following abbreviations are used in the text: AA AC def EURIBOR FA MVED para, paras reg, regs s, ss Sch, Schs SI XXX/YYYY subpara, subparas subs, subss TCA 1997 Appropriation Act Alternating Current definition European Inter Bank Offered Rate Finance Act Motor Vehicle Excise Duty paragraph or paragraphs regulation or regulations of a Statutory Instrument section or sections Schedule or Schedules to an Act or Statutory Instrument Statutory Instrument Number XXX of YYYY (usually referred to as S.I. No. XXX of YYYY) subparagraph or subparagraphs subsection or subsections Taxes Consolidation Act, 1997 If you have any queries in relation to this legislation, please contact: Indirect Taxes Policy and Legislation Division, VRT Policy and Legislation Branch, Office of the Revenue Commissioners, Cross Blocks,Dublin Castle,Dublin 2. Phone: Email: (01) 858 9148 Fax: vrtadmin@revenue.ie (01) 674 8122 Legislation Finance Act 1992 Contents CONTENTS_________________________________________________________________________________________ PART 2 S.I. No. 318 of 1992 S.I. No. 437 of 1992 S.I. No. 59 of 1993 S.I. No. 60 of 1993 S.I. No. 252 of 1993 S.I. No. 154 of 1995 S.I. No. 432 of 1999 S.I. No. 212 of 2001 S.I. No. 464 of 2002 S.I. No. 172 of 2003 S.I. No. 247 of 2003 S.I. No. 249 of 2003 S.I. No. 232 of 2004 S.I. No. 407 of 2004 S.I. No. 408 of 2004 S.I. No. 576 of 2007 S.I. No. 396 of 2008 S.I. No. 346 of 2010 S.I. No. 400 of 2010 S.I. No. 542 of 2012 S.I. No. 110 of 2013 S.I. No. 452 of 2013 S.I. No. 469 of 2015 S.I. No. 591 of 2015 S.I. No. 595 of 2015 VRT SECONDARY LEGISLATION: Vehicle Registration and Taxation Regulations, 1992 (as amended) Vehicle Registration and Taxation (No.2) Regulations, 1992 (as amended) Vehicle Registration Tax (Permanent Relief) Regulations, 1993 Temporary Exemption From Registration of Vehicles Regulations, 1993 Vehicle Registration and Taxation Regulations, 1993 Vehicle Registration Tax (Repayments in Certain Cases) Regulations, 1995 Vehicle Registration and Taxation (Amendment) Regulations, 1999 Finance Act, 2001 (commencement of Section 169) order, 2001 Taxes (Electronic Transmission of Vehicle Registration Returns) (Specified Provisions and Appointed Day) Order 2002 Finance Act 2003 (Section 104)(Commencement) Order 2003 Finance Act 2003 (Section 101)(Commencement) Order 2003 Vehicle Registration Tax Regulations 2003 Finance Act 2003 (Section 102)(Commencement) Order 2004 Finance Act 2004 (Section 52)(Commencement) Order 2004 Finance Act 2004 (Section 53(1)(a)(i))(Commencement) Order 2004 Vehicle Registration and Taxation (Amendment) Regulations 2007 Vehicle Registration and Taxation (Amendment) Regulations 2008 Vehicle Registration Tax (Permanent Reliefs) (Amendment) Regulations 2010 Vehicle Registration and Taxation (Amendment) Regulations 2010 Vehicle Registration and Taxation (Amendment) Regulations 2012 Finance Act 2012 (Section 83(1)(j))(Commencement) Order 2013 Vehicle Registration (Identification Marks) Regulations 2013 Vehicle Registration and Taxation (Amendment) Regulations 2015 Vehicle Registration And Taxation Regulations 2015 Finance Act 2014 (Section 63) (Commencement) Order 2015 Regulations S.I. No. 318 of 1992 STATUTORY INSTRUMENTS S.I. NO. 318 OF 1992. _______________________ VEHICLE REGISTRATION AND TAXATION REGULATIONS, 1992. reg 1. S.I. No. 318 of 1992 Regulations S.I. NO. 318 of 1992 VEHICLE REGISTRATION AND TAXATION REGULATIONS, 1992. (as amended by S.I. No. 437 of 1992, S.I. No. 252 of 1993 and S.I. No. 432 of 1999) Notes These Regulations lay down conditions governing the registration of vehicles and the method of securing and collection of vehicle registration tax. They also prescribe the format, dimensions and technical specification of registration plates to be displayed on vehicles, as well as the forms on which declarations for registration must be made. s141 The Revenue Commissioners, in exercise of the powers conferred on them by section 141 of the Finance Act, 1992 (No. 9 of 1992), hereby make the following Regulations: 1. These Regulations may be cited as the Vehicle Registration and Taxation Regulations, 1992. 2. Regulations 1, 2, 4, 13, 14, 15, 16, 17, 18, 19 and 21 shall come into operation on the 9th day of November, 1992. 3. Regulations 3, 5, 6, 7, 8, 9, 10, 11, 12 and 20 shall come into operation on the 1st day of January, 1993. 4. In these Regulations – “the Act” means the Finance Act, 1992 (No. 9 of 1992); “approved”, “approved of” and “prescribed” mean, respectively, approved, approved of and prescribed by the Commissioners; s130 “authorised person”, “certificate”, “the Commissioners”, “deal”, “licensing authority”, “the register” and “vehicle” have, respectively, the meanings assigned to them by Chapter IV of Part II of the Act; “distributor” means a person who holds an exclusive franchise to bring into the State for sale particular makes and models of vehicles; s131(5),(6) s131(2),(3) [“registration number”, in relation to a vehicle, means the identification mark assigned to the vehicle under section 131(5) of the Act;] 1 “registration office” means an office established by the Commissioners at which declarations under section 131 of the Act may be made for the purpose of registration; “tax” means vehicle registration tax. s130 5. The conditions referred to in paragraph (b) of the definition of “category A vehicle” in section 130 of the Act shall be as follows: (a) an opening referred to in subparagraph (ii) of the said paragraph (b) shall be closed and sealed by being completely covered by means of a panel made of rigid metal or other strong, opaque rigid material and fixed permanently in place, 318 ( 1 ) Regulations S.I. No. 318 of 1992 reg 6. (b) (i) the floor referred to in subparagraph (iv) of the said paragraph (b) shall be constructed of rigid metal, shall be fixed permanently to the sides of the vehicle and shall cover over any area which might be suitable for use as a footwell or seatwell to the rear of the driver’s seat so as to render the latter area level with, or generally level with, the remainder of the floor to the rear of the driver’s seat, and (ii) where the level of a floor complying with subparagraph (a) of this condition is higher than the level of the floor in the area to the front of the vehicle in which the driver is accommodated, the space between the floors shall be sealed off by means of a metal panel or panels fixed permanently to each floor, and (c) in paragraphs (a) and (b) of this Regulation “fixed permanently” means secured by means of continuous seam welding, adhesive bonding, spot welding or brazing and, in the case of spot welding, the welds shall be sufficiently close to each other to ensure a satisfactory seal, being normally not more than 40 millimetres apart, and, in the case of adhesive bonding, the bonding agent shall be approved by the Commissioners. s131(1)(b),(2),(3) s141(2)(a) s131(1)(d) s131A s131(2)(a) s141(2)(b) s131(3)(a) s141(2)(b) 6. The register shall consist of the declarations for registration, and the declarations concerning conversions made under section 131 of the Act and any other changes to a vehicle for which declarations are required, as accepted by the Commissioners. All information on the register may be recorded on computer, or on such other medium as the Commissioners may determine. 7. (1) A declaration under section 131(2)(a) of the Act shall be in the form numbered VRT3, VRT4 or VRT5, as appropriate to the vehicle in question, in the Third, Fourth and Fifth Schedules to these Regulations, or in such other form as the Commissioners may specify and the particulars of the vehicle concerned declared to the Commissioners under the said section 131(2)(a) shall be those required to be given on such of those forms as is appropriate. (2) Where a registered vehicle is converted, the particulars declared to the Commissioners under section 131(3)(a) of the Act shall be as follows: the make and model of the vehicle, its registration number, the number of its seats and windows, the cubic capacity of its load space, the length of its floor behind the driver’s seat, and its unladen weight, and such other particulars, if any, as the Commissioners may specify. These particulars shall be declared to the Commissioners in such form as they shall decide. 318 ( 2 ) reg 8. S.I. No. 318 of 1992 s131(2) s134(11) s141(2)(c) s131(4) s135 s134 s131(4) s131(5),(6) s141(2)(e),(f) Regulations [(3) For the purposes of the registration of a vehicle, an original declaration in relation to the vehicle signed by the person paying tax on the vehicle or, in the case of a company, signed by a person nominated by the company, shall be presented to a registration office together with any other documents the Commissioners may require to satisfy themselves as to the bona fides of the declaration. In the case of an authorised person, the declaration, duly signed pursuant to this paragraph, in respect of the registration of a new vehicle (other than a vehicle in respect of which an application for repayment under section 134(11) is intended to be made) may be presented by means of a facsimile machine. Where a declaration is presented to a registration office by means of a facsimile machine, the original declaration shall be forwarded to that office by the authorised person concerned not more than 3 working days later.]2 8. (1) Aperson not being an authorised person who manufactures or brings into the State a vehicle which is not exempt from registration under section 135 of the Act, shall bring the vehicle to a registration office and make a declaration under section 131 of the Act in relation to the vehicle not later than the next working day after its manufacture or arrival in the State or, in the case of a vehicle which requires the making of a customs entry on arrival in the State, not later than the next working day after its release from customs control. (2) However, where the person referred to in paragraph (1) has reasonable cause to believe that the vehicle concerned may qualify for registration without payment of tax, the person shall bring the vehicle to the registration office and make an application to the office for relief under section 134 of the Act. In such a case, the person shall make a declaration under section 131 of the Act not later than one month from the date of the application aforesaid or as soon as may be after receipt of the decision of the Commissioners on the application, if the decision is given during that month, and it the decision allows the application and is given after payment of the tax on the vehicle, the Commissioners shall repay the tax to the person under the said section 134. 9. (1) The identification mark assigned by the Commissioners under section 131(5) of the Act to a vehicle entered in the register (in this Regulation referred to as “the identification mark”) shall consist of:– (a) the third and fourth numerals of the year in which the vehicle is first brought into use, (b) an index mark, as provided for in the table to paragraph 4 of the First Schedule to these Regulations, corresponding to the functional area of the licensing authority in which the owner at the time of registration ordinarily resides, (c) a number which when combined with the appropriate numerals and mark aforesaid produces a unique combination, (d) in the case of a vehicle which the Commissioners are satisfied was constructed or first brought into use more than 30 years prior to the time of registration, and the person applying for registration so requests, an index mark ZV and a unique number. 318 ( 3 ) Regulations S.I. No. 318 of 1992 reg 10. (2) A determination shall be made by the Commissioners for the purposes of this Regulation as to the year in which a vehicle is brought into use and shall take into account any previous registration documents, the distance which the vehicle has travelled, and any other matters which are, in the opinion of the Commissioners, fair and reasonable in the circumstances of the case. (3) The numbers referred to in subparagraph (1)(c) of this Regulation shall be assigned sequentially to each index mark, but the Commissioners may omit any numbers from a sequence established under this Regulation. (4) The identification mark of a vehicle shall remain assigned to the vehicle and no other such marks shall be assigned to the vehicle save in such circumstances as may be determined by the Commissioners or where the owner of the vehicle requests that the identification mark assigned to a vehicle which reaches 30 years of age be replaced by a mark in the ZV series. (5) Where a declaration under section 131 of the Act is made by a person, not being an authorised person, the identification mark of the vehicle concerned shall be displayed thereon as on and from a day not more than 3 working days after the registration of the vehicle. (6) The identification mark of a vehicle shall, until the vehicle is scrapped, destroyed or sent permanently out of the State, be exhibited on the vehicle on a rectangular plate or on an unbroken rectangular surface forming part of the vehicle and, in either case, the identification mark shall comply as to lettering, numbering and otherwise, with the provisions set out in the First Schedule to these Regulations. (7) Subject to the provisions of subparagraph (8), the identification mark of a vehicle shall be exhibited, in the case of a vehicle which has only one front wheel, on the back of the vehicle and, in the case of any other vehicle, on the front of and on the back of the vehicle in a vertical or nearly vertical position, so that every letter or figure of the identification mark is vertical or nearly vertical and is easily distinguishable, in the case of the letters and figures placed on the front of the vehicle, from in front of the vehicle and in the case of the letters and figures placed on the back of the vehicle, from behind the vehicle. (8) Where one or more trailers of any kind are attached to a vehicle, a duplicate of the identification mark of the vehicle shall be exhibited on the back of the rearmost trailer in the manner that the identification mark is required to be exhibited on the back of the vehicle. (9) Figures, letters, designs, ornamentations, fittings or structures shall not be placed on a vehicle or trailer in such a position as to render more difficult the reading or distinguishing of the identification mark or duplicate identification mark of the vehicle or trailer. s131(5) s141(2)(d) 10. The form and contents of a certificate of registration issued under section 131(5) of the Act shall be as set out in the Second Schedule to these Regulations, or in such other form as the Commissioners may specify. 318 ( 4 ) reg 11. s130 s131(5) s141(2)(d) S.I. No. 318 of 1992 Regulations 11. (1) A certificate shall be sent by post to the person who is named therein as the owner or, at the discretion of the Commissioners in exceptional circumstances, shall be sent by post to the registration office to which the declaration under section 131 of the Act was made for collection by the person aforesaid. (2) A certificate of registration shall be signed by an officer of the Commissioners authorised by them in that behalf. The signature may be applied by facsimile, stamp or computer. (3) The Commissioners may require the owner of a vehicle to surrender to them a certificate issued in respect of the vehicle in any case where they have reason to believe that the certificate contains particulars which are not correct, and on being so required, the owner of the vehicle shall surrender the certificate to the Commissioners forthwith and the Commissioners shall return the certificate or issue a new certificate or withdraw the certificate if the vehicle is no longer in the State, as appropriate. [(4) Upon a change of ownership of a registered vehicle, Part II of the certificate of registration relating to the vehicle shall be sent or given to the new owner and, if the vehicle is not one that is or has been the subject of a licence under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952), either (a) the person disposing of the vehicle shall insert particulars of the change of ownership on the reverse side of Part I of the certificate, detach that Part from the certificate and send or give it to the Central Vehicle Office of the Commissioners at Rosslare Harbour in the county of Wexford, or (b) if the said Part I has previously been detached from the certificate, the person acquiring the vehicle shall insert particulars of the change of ownership on the reverse side of Part II of the certificate, and send or give it to the said Office.]3 (5) If a certificate is irretrievably lost or accidentally damaged or defaced, the owner of the vehicle concerned shall immediately inform the Commissioners of the fact and shall furnish a declaration made and subscribed by him in accordance with the Statutory Declarations Act, 1938 (No. 37 of 1938), setting out the circumstances of such loss or destruction or defacement and stating (if it be the case) that the certificate has not, to the best of his knowledge and belief, been fraudulently appropriated or used by any person for the purpose of evasion of registration and also stating that the certificate or the portion thereof which has been lost will, if recovered by him, be surrendered by him to the Commissioners. (6) Where such a declaration as aforesaid is made to the Commissioners and they are satisfied that the issue of a certificate in place of the original certificate is warranted they shall issue another certificate to the owner, after inspection of the vehicle and on payment of such fee as they may specify. Such a certificate shall have the words “replacement certificate” clearly endorsed thereon. 318 ( 5 ) Regulations s141(2)(g) s133(2)(a) s141(2)(m) S.I. No. 318 of 1992 reg 12. 12. The frame number and engine number, in the case of a motor-cycle, and the chassis number and engine number, in the case of all other vehicles, shall be exhibited permanently in a legible form and in an accessible position on a vehicle. 13. (1) Adeclaration for the purposes of section 133(2)(a) of the Act shall be made in writing to the Commissioners at least 21 days before the delivery out of the premises of the person making the declaration of a vehicle of the model and specification to which the declaration relates. (2) Where a person becomes of opinion that a price declared by him or a predecessor of his under the said section 133(2)(a) will alter, he shall, as soon as may be, furnish particulars in writing of the alteration to the Commissioners. s136 s141(2)(i) 14. (1) An application for an authorisation under section 136 of the Act shall be made in writing to the Commissioners and the applicant shall furnish to the Commissioners, for the purposes of the said section, such information as they may reasonably require in such form (if any) as they may specify. (2) Where a person becomes aware that information furnished by him under paragraph (1) of this Regulation has ceased to be correct or accurate, whether before or after an authorisation under the said section 136 has been granted, the person shall, not later than 7 days thereafter, inform the Commissioners in writing of the cesser. (3) The Commissioners shall grant an authorisation under the said section 136 only to a person who– (a) carries on a business referred to in subsection (1) of the said section 136 at premises occupied by him, (b) satisfies the Commissioners that the business is carried on other than on a casual or part-time basis, and (c) is registered under the Value-Added Tax Acts, 1972 to 1992, for the purposes of the business aforesaid. 15. (1) As soon as may be after bringing a new, unregistered vehicle into the State, an authorised person, being a distributor, shall furnish to the Commissioners particulars of the vehicle ...... 4 in such form (if any) as they may specify. s136(4) s141(2)(j) (2) When an authorised person, being a distributor, delivers a new, unregistered vehicle to another authorised person, he shall give to the last-mentioned person a copy of form VRT3 specified in the Third Schedule or form VRT5 specified in the Fifth Schedule, as may be appropriate, or of such other form as the Commissioners may specify, in which the appropriate part of Part A has been completed by the first-mentioned person. 318 ( 6 ) reg 16. s136(6) s141(2)(h) S.I. No. 318 of 1992 Regulations 16. (1) An application for permission to defer the payment of tax under section 136(6) of the Act shall be made to the Commissioners in writing and shall be accompanied with particulars in writing of arrangements for payment of the tax. (2) Before such permission as aforesaid is given, the authorised person concerned shall provide such security for the payment of the tax concerned as the Commissioners may determine. (3) The Commissioners may vary or revoke such permission as aforesaid and may from time to time require the provision by the authorised person concerned of additional or different security for the payment of the tax concerned. (4) Where the day to which, pursuant to the said section 136(6), payment of tax is permitted to be deferred is a Saturday or Sunday or a public holiday, the tax shall be paid on the preceding working day. s141(2)(k) 17. (1) An authorised person shall keep in a permanent form, approved by the Commissioners, records of: (a) all unregistered vehicles received by him or manufactured by him; (b) all additions, accessories or options fitted or attached to or supplied with unregistered vehicles disposed of by him in the course of his business; (c) all registered vehicles which are converted by him; (d) all unregistered vehicles sent out of his premises temporarily for display or exhibition; (e) all unregistered vehicles delivered by him to another authorised person; (f) all unregistered vehicles sent outside the State or sold to a person who is not a resident of the State for use outside the State; (g) all unregistered vehicles disposed of in a manner other than those aforesaid. (2) Records kept by an authorised person pursuant to this Regulation and any books, invoices, credit notes, receipts, accounts, vouchers, debit notes, bank statements or other documents whatsoever or data in a computer which relate to the manufacture or receipt by the person of unregistered vehicles, the conversion of registered vehicles or the sale, delivery or other disposal of unregistered vehicles by the person and which are in his possession, custody or procurement and a copy which is in his possession, custody or procurement of any such invoice, credit note, debit note, receipt, account, voucher or other document as aforesaid that has been issued by the person to another person shall be retained in his possession, custody or procurement for a pe riod of 6 years from the date of the latest transaction to which the records or any of the documents relate: Provided that this Regulation shall not require the retention of records or documents in respect of which the Commissioners notify the authorised person concerned that retention is not required, nor shall it apply to the books and papers of a company which has been disposed of in accordance with section 305(1) of the Companies Act, 1963 (No. 33 of 1963). 318 ( 7 ) Regulations S.I. No. 318 of 1992 reg 18. (3) The records kept pursuant to this Regulation shall, insofar as they relate to a vehicle, contain particulars of the make, model, version, body type, roof type, colours, seats, windows, options concerned and the letters and numbers of the chassis or frame and engine thereof or such of those particulars as are applicable to the vehicle and, insofar as they relate to a transaction referred to in subparagraph (d), (e), (f) or (g) of paragraph (1) of this Regulation, contain particulars of the name and address and the registration number under the Value-Added Tax Acts, 1972 to 1992, where applicable, of the person receiving a vehicle in the transaction. s137 s141(2)(n) 18. An authorised person shall, when required to do so by the Commissioners, furnish to them a true and accurate account in such form as the Commissioners may require, in respect of such period as the Commissioners may specify, of (a) all unregistered vehicles received or manufactured by him, and (b) all registered vehicles converted by him, and the account shall identify each vehicle and give particulars of any such vehicles held by him and, in the case of such vehicles disposed of by him, particulars of their disposal. s136(1) s141(2)(l) s138(7) 19. An authorised person shall, when required to do so by the Commissioners, make proper entry with them of each premises in which he intends to carry on a business referred to in section 136(1) of the Act by identifying each such premises in such manner as the Commissioners may specify and declaring which such business he intends to carry on in the premises. 20. For the purposes of section 138(7) of the Act, the time limit within which an appellant shall pay an amount of tax underpaid shall be one month from the date of the determination of the relevant appeal by the Commissioners. Note 21. Where, as respects any class of persons, the Commissioners so allow and subject to any conditions which they may think fit to impose, compliance, in whole or in part, with any of these Regulations shall not be required. 318 ( 8 ) Sch 1 S.I. No. 318 of 1992 [ Regulations FIRST SCHEDULE Sch 1 Form of Identification Marks 1. The following provisions shall be complied with in respect of identification marks to be exhibited on vehicles entered in the register. 2. The identification mark of a vehicle shall be displayed on a rectangular plate which shall correspond with either Diagram No. 1 or Diagram No. 2 shown below. BAILE ÁTHA CLIATH IRL 99-D-123456 Diagram No. 1 BAILE ÁTHA CLIATH IRL 99-D 123456 Diagram No. 2 3. (a) The plate on which an identification mark is exhibited (in this Schedule referred to as “the plate”) shall not contain any words, letters, numbers, emblems or other marks of any kind other than those required under this Schedule. (b) The identification mark shall not incorporate the figure nought unless such figure forms part of the identification mark assigned to the vehicle by the Commissioners. 4. The plate shall exhibit the placename set out in the Table to this paragraph opposite the mention in the Table of the index mark on the plate, the flag of the European Communities and the letters IRL all of which shall be arranged in conformity with this Schedule. 318 ( 9 ) Regulations S.I. No. 318 of 1992 Sch 1 TABLE INDEX MARKS AND CORRESPONDING PLACENAMES Index Mark Corresponding Placename Index Mark Corresponding Placename Index Mark Corresponding Placename CW CN CE C D DL G KY KE KK Ceatharlach An Cabhán An Clár Corcaigh Baile Atha Cliath Dún na nGall Gaillimh Ciarraí Cill Dara Cill Chainnigh L LS LM LK LD LH MO MH MN OY Luimneach Laois Liatroim Luimneach An Longfort Lú Maigh Eo An Mhí Muineachán Uibh Fhailí RN SO TN TS W WD WH WX WW Ros Comáin Sligeach Tiobraid Arann Tiobraid Arann Port Láirge Port Láirge An Iarmhí Loch Garman Cill Mhantáin 5. The periphery of the plate shall be marked all around by a black border having a stroke width of 5 millimetres and the plate shall be made of metal or plastic. 6. An identification mark which is exhibited on a metal plate shall be embossed by being raised above the flat surface of the plate and shall form part of the plate. 7. An identification mark which is exhibited on a plastic plate shall be affixed with an adhesive substance to the rear of the plate and be so affixed that it cannot be readily detached therefrom. 8. A plate made of plastic shall be constructed of transparent material of at least 2.5 millimetres in thickness. 9. The identification mark and placename shall be formed of black characters and shall be exhibited on white reflex reflective material so that the identification mark appears at all times from the front of the plate as black characters on a white background. 10. The flag of the European Communities shall appear as a circle of twelve gold stars against a blue background (of a colour shade generally known as royal blue); the centrepoints of the twelve stars shall form a circle with a radius of 15 millimetres and the straight lines forming the apexes of the stars shall be 4 millimetres in length. 11. The letters IRL shall appear in white letters on the blue background of the flag of the European Communities underneath the circle of stars and each such letter shall have a height of 20 millimetres and a stroke width of 4 millimetres. The total width of the space taken by each of the letters R and L shall be 12 millimetres. The distances between adjoining letters shall be uniform. 12. The blue background and gold stars of the flag of the European Communities and the white letters IRL shall be formed of reflex reflective material. 13. The placename shall appear in black letters above the identification mark and each letter of the placename shall have a height of not less than 12 millimetres and a stroke width of not less than 3 millimetres. The total width of the space taken by each letter (other than the 318 ( 10 ) Sch 1 S.I. No. 318 of 1992 Regulations letter I) shall be not less than 9 millimetres. Where an accented vowel occurs in the placename the length accent character shall have a height of 2 millimetres above the letter. The distances between the nearest parts of adjoining letters shall be uniform. Where the placename comprises more than one word the distances between the nearest letters of adjoining words shall be uniform and not less than three times the distance between adjoining letters. 14. The identification mark shall appear in black characters and each letter or figure shall have a height of 70 millimetres and a stroke width of 10 millimetres. The total width of the space taken by each letter or figure (other than the letter “I” or the number “1") shall be not less than 36 millimetres and not more than 50 millimetres. The distances between adjoining letters and adjoining figures shall be uniform and shall be not less than 8 millimetres. 15. The distance between the inner edge of the blue background of the flag of the European Communities and the first letter of the placename shall be equal to the distance between the last letter of the placename and the inner edge of the black border on the right-hand side of the plate and shall be not less than 8 millimetres. 16. In the case of an identification mark which is exhibited on a plate in conformity with Diagram No. 1 shown in paragraph 2 of this Schedule(a) the external size of the plate shall be 520 millimetres in width and 110 millimetres in height; (b) the blue background of the flag of the European Communities shall extend vertically from the inner edge of the black border at the top of the plate to the inner edge of the black border at the bottom of the plate and shall extend horizontally for a distance of 40 millimetres from the inner edge of the black border on the left-hand side of the plate; (c) the distance between the inner edge of the blue background of the flag of the European Communities and the first figure of the identification mark shall be equal to the distance between the last figure of the identification mark and the inner edge of the black border on the right-hand side of the plate and shall be not less than 8 millimetres; (d) the index mark shall be separated from adjoining figures on each side of the index mark by a hyphen with a stroke width of 10 millimetres which shall extend horizontally for a distance of not less than 13 millimetres and not more than 22 millimetres; the distances between each hyphen and the nearest part of any adjoining letter or figure shall be uniform and shall be not less than 10 millimetres; (e) the margin between the inner edge of the black border at the top of the plate and the nearest part of any letter in the placename (excluding any length accent) shall be 5 millimetres in height; (f) the space between the nearest part of any letter of the placename and any letter or figure of the identification mark shall be not less than 4 millimetres in height; (g) the space between the nearest part of any letter or figure of the identification mark and the inner edge of the black border at the bottom of the plate shall be not less than 8 millimetres in height. 318 ( 11 ) Regulations S.I. No. 318 of 1992 Sch 1 17. In the case of an identification mark which is exhibited on a plate in conformity with Diagram No. 2 shown in paragraph 2 of this Schedule(a) the external size of the plate shall be 340 millimetres in width and 220 millimetres in height; (b) the blue background of the flag of the European Communities shall be located at the top left-hand corner of the plate and shall extend vertically downwards from the inner edge of the black border at the top of the plate for a distance of 100 millimetres and shall extend horizontally from the inner edge of the black border at the left-hand side of the plate for a distance of 40 millimetres; (c) the distance between the inner edge of the blue background of the flag of the European Communities and the first figure of the identification mark shall be equal to the distance between the last letter of the index mark and the inner edge of the black border on the right-hand side of the plate; (d) the index mark shall be separated from the figures on the upper line of the identification mark by a hypen with a stroke width of 10 millimeters which shall extend horizontally for a distance of 22 millimetres; the distance between the hypen and the nearest part of any adjoining letter or figure shall be uniform and shall be not less than 10 millimetres; (e) the distance between the inner edge of the black border at the left-hand side of the plate and the nearest figure on the lower line of the identification mark shall be equal to the distance between the last figure on that line and the inner edge of the black border at the right-hand side of the plate and shall be not less than 30 millimetres; (f) the margin between the inner edge of the black border at the top of the plate and the nearest part of any letter in the placename (excluding any length accent) shall be 12 millimetres in height; (g) the space between the nearest part of any letter of the placename and the nearest part of any character in the upper line of the identification mark shall be not less than 12 millimetres in height; (h) the space between the upper and lower line of the identification mark shall be not less than 12 millimetres in height; (i) the margin between the lower line of the identification mark and the inner edge of the black border at the bottom of the plate shall be not less than 12 millimetres in height. 18. In the case of an identification mark exhibited on a bicycle, an invalid carriage or a pedestrian- controlled vehicle:(a) any of the dimensions prescribed in paragraph 5, 10, 11, 13, 14, 15, 16, or 17 of this Schedule may be reduced to an amount which is not less than half of the amount so prescribed, and (b) the plate need not be rectangular provided that the letters and figures thereon comply as nearly as possible with the arrangement shown in Diagram No. 1 or Diagram No. 2 in paragraph 2 of this Schedule or as described in paragraph 19 of this Schedule, as the case may be. 318 ( 12 ) Sch 1 S.I. No. 318 of 1992 Regulations 19. In the case of a bicycle, an invalid carriage or a pedestrian-controlled vehicle on which an identification mark is displayed on a plate generally of the type shown in the said Diagram No. 2, if the dimensions of the identification mark or plate are reduced in accordance with paragraph 18 of this Schedule, the identification mark or plate shall not be held to be in contravention of this Schedule solely because:(a) the flag of the European Communities is at the bottom left-hand corner of the plate, and (b) part of the placename is above the flag of the European Communities. 20. In the case of a vehicle which is provided with an indented space to accommodate a registration plate and the size of the space is such that it can accommodate neither a plate of the dimensions prescribed in paragraph 16 (a) of this Schedule nor a plate of the dimensions prescribed in paragraph 17(a) of this Schedule, the dimensions prescribed in paragraphs 5, 10, 11, 13, 14, 15, 16 or 17 of this Schedule may be reduced provided that the dimensions as so reduced comply as nearly as possible with the dimensions so prescribed. 21. An identification mark or plate shall not be held to be in contravention of this Schedule by reason only of failure to comply with the dimensions prescribed in this Schedule provided that:(a) in the case of a prescribed dimension which is 70 millimetres or less, the difference between the dimension of the identification mark or plate and the prescribed dimensions is not greater than 1 millimetre, and (b) in the case of a prescribed dimension which is greater than 70 millimetres, the difference between the dimension of the identification mark or plate and the prescribed dimension is not greater than 3 millimetres. 22. The provisions of paragraphs 2 to 21 of this Schedule shall not apply in the case of a large public service vehicle (within the meaning of the Road Traffic Act, 1961 (No. 24 of 1961)) on which an identification mark is so constructed and used that it is illuminated by transparency or translucency and in such a case the characters of the identification mark shall appear white when the mark is so illuminated and shall appear at all other times white against a black background. 23. The provisions of this Schedule shall be deemed to be complied with in relation to an identification mark which incorporates the index mark ZV if the identification mark exhibited on the vehicle complies with the provisions of Part 1 of the Third Schedule to the Road Vehicles (Registration and Licensing) Regulations, 1982 (S.I. No. 311 of 1982). 6] 318 ( 13 ) Regulations S.I. No. 318 of 1992 [ Sch 2 SECOND SCHEDULE OW N E R PART I DUBLIN CASTLE DOCUMENT NO. VEHICLE REGISTRATION NO. If you sell or transfer the vehicle to someone else PRIOR TO FIRST LICENCING (ROAD TAXING) Part 1 of this document must be completed overleaf, detached and posted (without postage stamp) to the Central Vehicle Office, Freepost, Rosslare Harbour, Co. Wexford. Part II of this document must be handed to the new owner VEHICLE REGISTRATION CERTIFICATE SERIAL NO. VEHICLE REGISTRATION NO. DUBLIN CASTLE Make: Model: This Certificate is issued by the Revenue Commissioners. Officers of the Revenue Commissioners, Members of the Garda Siochana, and Officials of the Colour(s): Body Type: Motor Tax Office may require you to produce the Certificate at any time. YOU ARE REQUIRED BY LAW TO NOTIFY THE REVENUE COMMISSIONERS OF CHANGES TO ANY OF THE DETAILS ON THIS DOCUMENT, AS SOON AS THEY OCCUR. Engine Number: Engine Type: Engine Capacity: Chassis/Frame Number: Number of Windows: Number of Seats: In the event of a change the boxes overleaf should be completed as appropriate. For further information, please telephone your local Vehicle Registration Office or the Central Vehicle Office. AT EACH CHANGE OF OWNERSHIP, Search Code: Statistical Code: Exemption Code: Vehicle Category: THIS DOCUMENT MUST BE HANDED TO THE NEW OWNER. WHERE THE VEHICLE IS SCRAPPED, DESTROYED OR SENT PERMANENTLY OUT OF THE STATE THIS DOCUMENT SHOULD BE Date of Registration: Month and Year of First Registration or Manufacture: POSTED (without postage stamp) TO THE CENTRAL VEHICLE OFFICE, FREEPOST, Document No.: ROSSLARE HARBOUR, CO. WEXFORD. RESTRICTION (if any) ___________________________________ Authorised Official 318 [ 14 ] PART II Sch 2 S.I. No. 318 of 1992 Regulations NOTIFICATION OF CHANGE OF OWNERSHIP NAME AND ADDRESS OF PERSON BUYING OR ACQUIRING THE VEHICLE Surname or Company Name Joint Owner (where applicable). First Name and Surname Address Title (e.g. Mr., Mrs., Ms., Miss, Rev., Dr., etc.) First Name(s) I/We declare that ownership of this vehicle was transferred to the new owner mentioned above on the ................................................ day of .................................................................... 19........... Signature .............................................................................................................. Date ...................................... .................................................................................................................................................................................................................................................... NOTIFICATION OF CHANGES: You must notify changes IMMEDIATELY by completing the appropriate section(s) below in BLOCK CAPITAL LETTERS, signing the DECLARATION and sending this document to the Central Vehicle Office, Freepost, Rosslare Harbour, Co. Wexford. SECTION 1 - CHANGE OF VEHICLE PARTICULARS (if applicable) and date of change DD MM YEAR A. NEW COLOUR (insert new basic colour e.g. red, green, etc.) B. NEW/REPLACEMENT ENGINE NUMBER C. NEW/REPLACEMENT ENGINE CAPACITY E. NEW FUEL (e.g. petrol, diesel, etc.) D. NEW BODY TYPE * F. NEW NUMBER OF WINDOWS * G. NEW NUMBER OF SEATS * * Declaration Form VRT 6, obtainable from your local Vehicle Registration Office, must also be completed when a change of Tax Category takes place. SECTION 2 - VEHICLE SCRAPPED, DESTROYED OR SENT PERMANENTLY OUT OF THE STATE (if applicable) Please tick the appropriate box scrapped/ destroyed ü sent out of the State ü and give the date applicable: DD MM YEAR SECTION 3 - NOTIFICATION OF CHANGE OF OWNERSHIP - To be completed by the buyer only where change takes place before the vehicle is first licensed for road use. You must send this document to the Central Vehicle Office, Freepost, Rosslare Harbour, Co. Wexford. A new certificate will be issued to you. Surname or Company Name Joint Owner (where applicable). First Name and Surname Address Title (e.g. Mr., Mrs., Ms., Miss, Rev., Dr., etc.) First Name(s) DECLARATION I/We declare that I/we have checked the information given on this form and that to the best of my/our knowledge it is correct. Signature Date ANY PERSON WHO ALTERS THE PARTICULARS ON THE FRONT OF THIS CERTIFICATE INCURS HEAVY PENALTIES WARNING: ROAD TAX LIABILITY GENERALLY COMMENCES FROM THE DATE OF REGISTRATION. PLEASE CONTACT YOUR LOCAL MOTOR TAX OFFICE FOR FURTHER INFORMATION. 318 [ 15 ] ] 5 Regulations S.I. No. 318 of 1992 Sch 3 THIRD SCHEDULE Document Number where applicable DECLARATION FOR REGISTRATION OF A NEW VEHICLE (OTHER THAN A MOTOR CYCLE) DUBLIN CASTLE BEFORE COMPLETING THIS FORM PLEASE READ NOTES OVERLEAF A. VEHICLE P AR T ICU LAR S 1 Make 2 Model and Version 3 Colour(s) 4 Body Type 5 Engine Type 7 Chassis No. VAT: c o d e 6 C. R EGIS T R AT IO N T AX c o d e c o d e Engine Capacity 22 23 26 8 Engine No. 28 11 Number of Seats Windows Country of Origin 12 Country whence consigned 9 14 c o d e c o d e 13 Options/Extras (please tick) yes no Kgs FOR OFFICIAL USE ONLY Day Exempt Code 19 24 Registration Tax Payable: Options/Extras IR£ 27 Rate of Tax: 25 Declared OMSP IR£ 29 Method of payment code IR£ Name & Address 31 Name of Distributor 32 Name of Dealer DISTRIBUTOR DETAILS DEALER DETAILS Telephone Number S.A.D. No. & month/year (where applicable) Fax Number 34 a. T.A.N. b. Sales Invoice Ref. I ..................................................................................... (block capitals) declare that the particulars herein are true and accurate. Signature ..................................................... Date .............................. OMSP Standing declared on Basic price IR£ ADDRESS Day Month Year Options/Extras IR£ G. O FFICIAL U S E O N LY 35 21 a. T.A.N. b. Invoice Ref. F. FO R IN FO R MAT IO N P U R P O S ES O N LY SURNAME OR COMPANY NAME e.g. Mr., Mrs., Ms., Miss, Dr., Rev., etc. TITLE FIRST NAME(S) TOWN/CITY COUNTY VAT No. IE a. VAT No. E. P AYER ’S D ECLAR AT IO N 33 B. O WN ER P AR T ICU LAR S 20 Basic price IR£ Registration Tax Category: b. T.A.N. Month Year Registration Number and Date of First Registration in the State Receipt No. (where applicable) 18 30 Statistical Code 17 Extras/Options CODES factory fitted or fitted by Distributor (insert value in Box 24 below.) D . ACCO U N T IN G D ET AILS PAYER DETAILS Unladen Weight (Kgs) Design Weights (Commercial Vehicles) Kgs GCW Axle Weights (Kgs) GVW 15 16 10 Where VAT is also payable at the time of registration, VAT 4 Form should be completed. T.A.N. (where applicable) Enter Index Mark of County/Borough: Form VRT 3 318 [ 16 ] Officer’s Signature and VRO Stamp Signature .................................................................. Declared OMSP IR£ S.I. No. 318 of 1992 Sch 3 Regulations NOTES These NOTES are intended to be an aid to completing the form. In cases of difficulty consult with any official in your local Vehicle Registration Office. The numbers below refer to the corresponding box numbers on the form. In certain boxes codes are required - a comprehensive list of all codes is available from any Vehicle Registration Office. These codes must be inserted - not to do so will result in a delay in your registration. VAT will only be payable at the time of registration where a new vehicle has been acquired in another Member State by a person/company/institution not entitled to a deduction of VAT under section 12 of the VAT Act, 1972. SECTION A - VEHICLE PARTICULARS 1. 3. Only the manufacturers marque is to be inserted here. Either one colour or the appropriate combination should be entered here + CODE 4. As appropriate (e.g. saloon, station wagon, horse box, van,omnibus, minibus, open lorry etc.) + CODE 5. As appropriate (e.g. petrol only, LP Gas only, petrol/LP Gas, diesel, electricity, steam etc.) + CODE 6. 9. Cubic Centimetres A window is defined as including a sheet of glass or other material capable of admitting light, whether or not encased in a frame or channel and whether or not forming a door or part of a door, but does not include a windscreen or sunroof. 10-15. Inclusive - Complete as appropriate including CODES 16. This Code will be available from the Central Vehicle Office, Rosslare Harbour. 17. For official use only. (If you have reserved a number the receipt number should be entered in the sub-box provided the receipt itself should accompany this application.) 18. Where you are entitled to an exemption from VRT please insert the appropriate CODE in this box. 19. Where a Single Administrative Document Number is applicable (i.e. where the vehicle has been entered to Customs) it should be entered here. SECTION B - OWNER PARTICULARS 20. As appropriate. If the owner has a VAT number or a Trader Account Number it should be entered in the appropriate box. 21. A list of these index marks may be obtained at any Vehicle Registration Office. SECTION C - REGISTRATION TAX Your vehicle will be classified in either Category A, Category B, Category C or Category D. The Vehicle Registration Tax rate applicable to each of these categories is available from any Vehicle Registration Office. 22. Complete if appropriate - in this box the CODES referred to are manufacturer/distributor codes. 23. The basic price is the price as declared to the Commissioners in the prescribed manner by the manufacturer or distributor. 24. Enter value of options/extras here. 25. The sum of box 23 + box 24 26. Enter A, B, C or D 27. 28. The rate or sum appropriate to Category A, B, C or D. The sum of box 25 x the percentage in box 27 or the specific sum involved. Where you are claiming that your vehicle is exempt from Registration Tax, you must enter the appropriate CODE in box 18. 29. Payment may be made by cash (including guaranteed cheque and bank draft), deferred (if approved), FACT or SECTION D - ACCOUNTING DETAILS 30. Where the Payer is the same as the individual/company in Section B it is sufficient to note this here. 31-32. Not be completed in cases of registrations by private individuals Other Public Department. SECTION E - PAYERS DECLARATION 33. Payment by: CASH DEFERRED E FACT D OPD J EXEMPT X This box should be signed and dated by the person named in box 30 or, in the case of a company, by an A authorised person. SECTION F - FOR INFORMATION PURPOSES ONLY 34. For distributor use only. 318 [ 17 ] Regulations S.I. No. 318 of 1992 Sch 4 FOURTH SCHEDULE DECLARATION FOR REGISTRATION OF A USED VEHICLE (OTHER THAN A MOTOR CYCLE) DUBLIN CASTLE BEFORE COMPLETING THIS FORM PLEASE READ NOTES OVERLEAF A. VEHICLE P AR T ICU LAR S 1 Make 2 Model and Version 3 Colour(s) 4 Body Type 5 Engine Type 7 Chassis No. 8 C. ACCO U N T IN G D ET AILS PAYER DETAILS 22 c o d e 6 Engine Capacity a. VAT No. b. T.A.N. c o d e c o d e 23 DEALER DETAILS Name of Dealer Telephone Number Fax Number a. T.A.N. b. Sales Invoice Ref. Engine No. 24 11 Number of Seats Windows Country of Origin 12 Country whence consigned 9 Name & Address D . P R EVIO U S R EGIS T R AT IO N S Latest Country of Date of latest Country of Month & Year Registration/Registration latest registration first of Manufacture Number registration registration c o d e c o d e E. P AYER ’S D ECLAR AT IO N 16 17 18 25 Statistical Code FOR OFFICIAL USE ONLY I ..................................................................................... (block capitals) declare that the particulars herein are true and accurate. Signature ..................................................... Date .............................. Day Month Year Registration Number and Date of First Registration in the State Receipt No. (where applicable) Exemption Code 19 S.A.D. No. & month/year (where applicable) F. O FFICIAL U S E O N LY Value as assessed by Revenue Official 26 Total OMSP B. O WN ER P AR T ICU LAR S 20 SURNAME OR COMPANY NAME e.g. Mr., Mrs., Ms., Miss, Dr., Rev., etc. TITLE FIRST NAME(S) 27 Registration Tax Category: 29 Registration Tax Payable: 31 IR£ 28 Rate of Tax: 30 IR£ OFFICERS SIGNATURE AND VRO STAMP ADDRESS TOWN/CITY COUNTY VAT No. IE 21 ............................................................................ Signature T.A.N. (where applicable) Enter Index Mark of County/Borough: Form VRT 4 318 [ 18 ] Method of payment code Sch 4 S.I. No. 318 of 1992 Regulations NOTES These NOTES are intended to be an aid to completing the form. In cases of difficulty consult with any official in your local Vehicle Registration Office. The numbers below refer to the corresponding box numbers on the form. In certain boxes codes are required - a comprehensive list of all codes is available from any Vehicle Registration Office. SECTION A - VEHICLE PARTICULARS 1. 3. Only the manufacturers marque is to be inserted here. Either one colour or the appropriate combination should be entered here + CODE 4. As appropriate (e.g. saloon, station wagon, horse box, van,omnibus, minibus, open lorry etc.) + CODE 5. As appropriate (e.g. petrol only, LP Gas only, petrol/LP Gas, diesel, electricity, steam etc.) + CODE 6. 9. Cubic Centimetres A window is defined as including a sheet of glass or other material capable of admitting light, whether or not encased in a frame or channel and whether or not forming a door or part of a door, but does not include a windscreen or sunroof. 10-15. Inclusive - Complete as appropriate including CODES 16. This Code will be available from the Central Vehicle Registration Office, Rosslare Harbour. 17. For official use only. (If you have reserved a number the receipt number should be entered in the sub-box provided the receipt itself should accompany this application.) 18. Where you are entitled to an exemption from VRT please insert the appropriate CODE in this box. 19. Where a Single Administrative Document Number is applicable (i.e. where the vehicle has been entered to Customs) it should be entered here. SECTION B - OWNER PARTICULARS 20. As appropriate. If the owner has a VAT number or a Trader Account Number it should be entered in the appropriate box. 21. A list of these index marks is available at any Vehicle Registration Office. SECTION C - REGISTRATION TAX 22-23. Complete if appropriate. Where the Payer is the same as the individual/company in Section B it is sufficient to note this in box 22. Where box 23 does not apply simply note not applicable in the box. SECTION D - PREVIOUS REGISTRATIONS 24. Complete as appropriate. SECTION E - PAYERS DECLARATION 25. This box should be signed and dated by the person named in box 22 or, in the case of a company, by an authorised person. 318 [ 19 ] Regulations S.I. No. 318 of 1992 Sch 5 FIFTH SCHEDULE Document Number where applicable DECLARATION FOR REGISTRATION OF A NEW OR USED MOTOR CYCLE DUBLIN CASTLE BEFORE COMPLETING THIS FORM PLEASE READ NOTES OVERLEAF A. VEHICLE P AR T ICU LAR S 1 Make 2 Model and Version 3 Colour(s) 4 Body Type 5 Engine Type 7 Frame No. 8 VAT: c o d e 6 c o d e c o d e Engine Capacity Where VAT is also payable at the time of registration, form VAT 4 should be completed. C. R EGIS T R AT IO N T AX 22 24 Up yo 350c.c. @ IR£ ................ per c.c. = Registration Tax Payable: 23 Over 350c.c. IR£ ................ per c.c. = 26 Method of payment Code IR£ D . ACCO U N T IN G D ET AILS PAYER DETAILS Engine No. 25 Name & Address a. VAT No. b. T.A.N. 9 Power/Weight Ratio 10 11 Country of Origin 12 Country whence consigned 14 Maximum Design Speed (Km/hour) 15 16 Unladen Weight (Kgs) c o d e c o d e 13 Options/Extras (please tick) yes no 27 Name of Distributor 28 Name of Dealer Maximum Engine Power (KW) DISTRIBUTOR DETAILS DEALER DETAILS Telephone Number Fax Number a. T.A.N. b. Invoice Ref. a. T.A.N. b. Sales Invoice Ref. Statistical Code D . P R EVIO U S R EGIS T R AT IO N S 17 18 FOR OFFICIAL USE ONLY Day Month Year Registration Number and Date of First Registration in the State Receipt No. (where applicable) Exemption Code 19 THIS SECTION TO BE COMPLETED ONLY FOR USED VEHICLES Latest Country of Date of latest Country of Month & Year Registration/Registration latest registration first of Manufacture Number registration registration 29 S.A.D. No. & month/year (where applicable) E. P AYER ’S D ECLAR AT IO N 30 B. O WN ER P AR T ICU LAR S 20 SURNAME OR COMPANY NAME e.g. Mr., Mrs., Ms., Miss, Dr., Rev., etc. TITLE FIRST NAME(S) Signature ..................................................... Date .............................. G. O FFICIAL U S E O N LY ADDRESS 31 TOWN/CITY COUNTY VAT No. IE 21 I ..................................................................................... (block capitals) declare that the particulars herein are true and accurate. T.A.N. (where applicable) Enter Index Mark of County/Borough: Form VRT 5 318 [ 20 ] OFFICERS SIGNATURE AND VRO STAMP ................................................................. Signature Sch 5 S.I. No. 318 of 1992 Regulations NOTES These NOTES are intended to be an aid to completing the form. In cases of difficulty consult with any official in your local Vehicle Registration Office. The numbers below refer to the corresponding box numbers on the form. In certain boxes codes are required - a comprehensive list of all codes is available from any Vehicle Registration Office. These codes must be inserted - not to do so will result in a delay in your registration. VAT will only be payable at the time of registration where a new vehicle has been acquired in another Member State by a person/company/institution not entitled to a deduction of VAT under Section 12 of the VAT Act, 1972. SECTION A - VEHICLE PARTICULARS 1. 3. Only the manufacturers marque is to be inserted here. Either one colour or the appropriate combination should be entered here + CODE 4. As appropriate + CODE 5. As appropriate (e.g. petrol, electricity, etc.) + CODE 6. Cubic Centimetres. 9. As appropriate. 10-15. Inclusive - Complete as appropriate including CODES 16. This Code will be available from the Central Vehicle Office, Rosslare Harbour. 17. For official use only. (If you have reserved a number the receipt number should be entered in the sub-box provided the receipt itself should accompany this application.) 18. Where you are entitled to an exemption from VRT please insert the appropriate CODE in this box. 19. Where a Single Administrative Document Number is applicable (i.e. where the vehicle has been entered to Customs) it should be entered here. SECTION B - OWNER PARTICULARS 20. As appropriate. If the owner has a VAT number or a Trader Account Number it should be entered in the appropriate box. 21. A list of these index marks is available at any Vehicle Registration Office. SECTION C - REGISTRATION TAX 22-23. The rates of Vehicle Registration Tax applicable are available from any Vehicle Registration Office. 24. The total resulting from the calculations in boxes 22 and 23. Where you are claiming that your vehicle is exempt from Registration Tax, you must have entered the CODE in box 18. 25. Payment may be made by cash (including guaranteed cheque and bank draft), deferred (if approved), FACT or Other Public Department. SECTION D - ACCOUNTING DETAILS 26-28. Complete as appropriate. Where the Payer is the same as the individual/company in Section B it is sufficient to note this in box 26. Where boxes 27 and 28 do not apply simply note not applicable in both boxes. Payment by: CASH A DEFERRED E FACT D OPD J EXEMPT X SECTION E - PREVIOUS REGISTRATIONS Complete this section only where the vehicle is used. SECTION F - PAYERS DECLARATION 30. This box should be signed and dated by the person named in box 26 or, in the case of a company, by an authorised person. 318 [ 21 ] Regulations S.I. No. 318 of 1992 GIVEN this 5th day of November, 1992. D. B. QUIGLEY, Revenue Commissioner. Amendments 1. 2. 3. 4. 5. 6. Definition of “fregistration number” inserted by SI 437/1992 reg 12(a) with effect from 1 January 1993. Reg 7(3) substituted by SI 252/1993 reg 8(1)(a) with effect from 17 June 1993; previously “(3) An original declaration in relation to a vehicle signed by the person paying tax on the vehicle, or, in the case of a company, signed by a person nominated by the company, shall be presented to a registration office at the time of the making of the declaration, together with any other documents the Commissioners may require to satisfy themselves as to the bona fides of the application. In the case of an authorised person, the declaration duly signed pursuant to this paragraph in respect of the registration of a new vehicle may be presented by means of a facsimile machine. Where a declaration is presented to a registration office by means of a facsimile machine, the original declaration shall be forwarded to that registration office by the authorised person not more than 3 working days later.” Reg 11(4) substituted by SI 252/1993 reg 8(1)(b) with effect from 1 October, 1993; previously ir(4) At each change of ownership of a registered vehicle, the certificate relating to the vehicle shall be handed over to the new owner.le Words ioin writingla deleted by SI 437/1992 reg 12(b) with effect from 1 January, 1993. Second Schedule substituted by SI 252/1993 reg 8(1)(c) with effect from 1 October, 1993; previously as at Annex 1 to this SI. First Schedule substituted by SI 432/1999 with effect from 22 December, 1999, previously as at Annex 2 to this SI. Notes Section 138(7) was repealed by the 1995 General Excise appeal provisions. 318 ( 22 ) S.I. No. 318 of 1992 Regulations 318 ( 23 ) Regulations S.I. No. 318 of 1992 ANNEX 1 Original FIRST SCHEDULE of SI 318/1992 substituted by SI 432/1999 with effect from 22 December 1999. FIRST SCHEDULE Form of Identification Marks 1. The following provisions shall be complied with in respect of identification marks to be exhibited on vehicles entered in the register. 2. The identification mark of a vehicle shall be displayed on a rectangular plate which shall correspond with either Diagram No. 1 or Diagram No. 2 shown below. BAILE ÁTHA CLIATH IRL 93-D-23450 Diagram No. 1 BAILE ÁTHA CLIATH IRL 93-D 23450 Diagram No. 2 3. (a) The plate on which an identification mark is exhibited (in this Schedule referred to as “the plate”) shall not contain any words, letters, numbers, emblems or other marks of any kind other than those required under this Schedule. (b) The identification mark shall not incorporate the figure nought unless such figure forms part of the identification mark assigned to the vehicle by the Commissioners. 4. The plate shall exhibit the placename set out in the Table to this paragraph opposite the mention in the Table of the index mark on the plate, the flag of the European Communities and the letters IRL all of which shall be arranged in conformity with this Schedule. 318 [ 24 ] S.I. No. 318 of 1992 Regulations TABLE INDEX MARKS AND CORRESPONDING PLACENAMES Index Mark Corresponding Placename Index Mark Corresponding Placename Index Mark Corresponding Placename CW CN CE C D DL G KY KE KK Ceatharlach An Cabhán An Clár Corcaigh Baile Átha Cliath Dún na nGall Gaillimh Ciarraí Cill Dara Cill Chainnigh L LS LM LK LD LH MO MH MN OY Luimneach Laois Liatroim Luimneach An Longfort Lú Maigh Eo An Mhí Muineachán Uibh Fhailí RN SO TN TS W WD WH WX WW Ros Comáin Sligeach Tiobraid Árann Tiobraid Árann Port Láirge Port Láirge An Iarmhí Loch Garman Cill Mhantáin 5. The periphery of the plate shall be marked all around by a black border having a stroke width of 5 millimetres and the plate shall be made of metal or plastic. 6. An identification mark which is exhibited on a metal plate shall be embossed by being raised above the flat surface of the plate and shall form part of the plate. 7. An identification mark which is exhibited on a plastic plate shall be affixed with an adhesive substance to the rear of the plate and be so affixed that it cannot be readily detached therefrom. 8. A plate made of plastic shall be constructed of transparent material of at least 2.5 millimetres in thickness. 9. The identification mark and placename shall be formed of black characters and shall be exhibited on white reflex reflective material so that the identification mark appears at all times from the front of the plate as black characters on a white background. 10. The flag of the European Communities shall appear as a circle of twelve gold stars against a blue background (of a colour shade generally known as royal blue); the centrepoints of the twelve stars shall form a circle with a radius of 15 millimetres and the straight lines forming the apexes of the stars shall be 4 millimetres in length. 11. The letters IRL shall appear in white letters on the blue background of the flag of the European Communities underneath the circle of stars and each such letter shall have a height of 20 millimetres and a stroke width of 4 millimetres. The total width of the space taken by each of the letters R and L shall be 12 millimetres. The distances between adjoining letters shall be uniform. 12. The blue background and gold stars of the flag of the European Communities and the white letters IRL shall be formed of reflex reflective material. 318 [ 25 ] Regulations S.I. No. 318 of 1992 13. The placename shall appear in black letters above the identification mark and each letter of the placename shall have a height of not less than 12 millimetres and a stroke width of not less than 3 millimetres. The total width of the space taken by each letter (other than the letter I) shall be not less than 9 millimetres. Where an accented vowel occurs in the placename the length accent character shall have a height of 2 millimetres above the letter. The distances between the nearest parts of adjoining letters shall be uniform. Where the placename comprises more than one word the distances between the nearest letters of adjoining words shall be uniform and not less than three times the distance between adjoining letters. 14. The identification mark shall appear in black characters and each letter or figure shall have a height of 70 millimetres and a stroke width of 10 millimetres. The total width of the space taken by each letter or figure (other than the letter “I” or the number “1") shall be 36 millimetres. The distances between adjoining letters and adjoining figures shall be uniform and shall be not less than 8 millimetres. 15. The distance between the inner edge of the blue background of the flag of the European Communities and the first letter of the placename shall be equal to the distance between the last letter of the placename and the inner edge of the black border on the right-hand side of the plate and shall be not less than 8 millimetres. 16. In the case of an identification mark which is exhibited on a plate in conformity with Diagram No. 1 shown in paragraph 2 of this Schedule(a) the external size of the plate shall be 520 millimetres in width and 110 millimetres in height; (b) the blue background of the flag of the European Communities shall extend vertically from the inner edge of the black border at the top of the plate to the inner edge of the black border at the bottom of the plate and shall extend horizontally for a distance of 40 millimetres from the inner edge of the black border on the left-hand side of the plate; (c) the distance between the inner edge of the blue background of the flag of the European Communities and the first figure of the identification mark shall be equal to the distance between the last figure of the identification mark and the inner edge of the black border on the right-hand side of the plate and shall be not less than 8 millimetres; (d) the index mark shall be separated from adjoining figures on each side of the index mark by a hyphen with a stroke width of 10 millimetres which shall extend horizontally for a distance of 22 millimetres; the distances between each hyphen and the nearest part of any adjoining letter or figure shall be uniform and shall be not less than 10 millimetres; (e) the margin between the inner edge of the black border at the top of the plate and the nearest part of any letter in the placename (excluding any length accent) shall be 5 millimetres in height; (f) the space between the nearest part of any letter of the placename and any letter or figure of the identification mark shall be not less than 4 millimetres in height; (g) the space between the nearest part of any letter or figure of the identification mark and the inner edge of the black border at the bottom of the plate shall be not less than 8 millimetres in height. 318 [ 26 ] SI. No. 318 of 1992 Regulations 17. In the case of an identification mark which is exhibited on a plate in conformity with Diagram No. 2 shown in paragraph 2 of this Schedule(a) the external size of the plate shall be 340 millimetres in width and 220 millimetres in height; (b) the blue background of the flag of the European Communities shall be located at the top left-hand corner of the plate and shall extend vertically downwards from the inner edge of the black border at the top of the plate for a distance of 100 millimetres and shall extend horizontally from the inner edge of the black border at the left-hand side of the plate for a distance of 40 millimetres; (c) the distance between the inner edge of the blue background of the flag of the European Communities and the first figure of the identification mark shall be equal to the distance between the last letter of the index mark and the inner edge of the black border on the right-hand side of the plate; (d) the index mark shall be separated from the figures on the upper line of the identification mark by a hypen with a stroke width of 10 millimeters which shall extend horizontally for a distance of 22 millimetres; the distance between the hypen and the nearest part of any adjoining letter or figure shall be uniform and shall be not less than 10 millimetres; (e) the distance between the inner edge of the black border at the left-hand side of the plate and the nearest figure on the lower line of the identification mark shall be equal to the distance between the last figure on that line and the inner edge of the black border at the right-hand side of the plate and shall be not less than 40 millimetres; (f) the margin between the inner edge of the black border at the top of the plate and the nearest part of any letter in the placename (excluding any length accent) shall be 12 millimetres in height; (g) the space between the nearest part of any letter of the placename and the nearest part of any character in the upper line of the identification mark shall be not less than 12 millimetres in height; (h) the space between the upper and lower line of the identification mark shall be not less than 12 millimetres in height; (i) the margin between the lower line of the identification mark and the inner edge of the black border at the bottom of the plate shall be not less than 12 millimetres in height. 18. In the case of an identification mark exhibited on a bicycle, an invalid carriage or a pedestrian- controlled vehicle:(a) any of the dimensions prescribed in paragraph 5, 10, 11, 13, 14, 15, 16 or 17 of this Schedule may be reduced to an amount which is not less than half of the amount so prescribed, and (b) the plate need not be rectangular provided that the letters and figures thereon comply as nearly as possible with the arrangement shown in Diagram No. 1 or Diagram No. 2 in paragraph 2 of this Schedule or as described in paragraph 19 of this Schedule, as the case may be. 19. In the case of a bicycle, an invalid carriage or a pedestrian-controlled vehicle on which an identification mark is displayed on a plate generally of the type shown in the said Diagram No. 2, if the dimensions of the identification mark or plate are reduced in accordance with paragraph 18 of this Schedule, the identification mark or plate shall not be held to be in contravention of this Schedule solely because:- 318 [ 27 ] Regulations S.I. No. 318 of 1992 (a) the flag of the European Communities is at the bottom left-hand corner of the plate, and (b) part of the placename is above the flag of the European Communities. 20. In the case of a vehicle which is provided with an indented space to accommodate a registration plate and the size of the space is such that it can accommodate neither a plate of the dimensions prescribed in paragraph 16 (a) of this Schedule nor a plate of the dimensions prescribed in paragraph 17(a) of this Schedule, the dimensions prescribed in paragraphs 5, 10, 11, 13, 14, 15, 16 or 17 of this Schedule may be reduced provided that the dimensions as so reduced comply as nearly as possible with the dimensions so prescribed. 21. An identification mark or plate shall not be held to be in contravention of this Schedule by reason only of failure to comply with the dimensions prescribed in this Schedule provided that:(a) in the case of a prescribed dimension which is 70 millimetres or less, the difference between the dimension of the identification mark or plate and the prescribed dimensions is not greater than 1 millimetre, and (b) in the case of a prescribed dimension which is greater than 70 millimetres, the difference between the dimension of the identification mark or plate and the prescribed dimension is not greater than 3 millimetres. 22. The provisions of paragraphs 2 to 21 of this Schedule shall not apply in the case of a large public service vehicle (within the meaning of the Road Traffic Act, 1961 (No. 24 of 1961)) on which an identification mark is so constructed and used that it is illuminated by transparency or translucency and in such a case the characters of the identification mark shall appear white when the mark is so illuminated and shall appear at all other times white against a black background. 23. The provisions of this Schedule shall be deemed to be complied with in relation to an identification mark which incorporates the index mark ZV if the identification mark exhibited on the vehicle complies with the provisions of Part 1 of the Third Schedule to the 6 Road Vehicles (Registration and Licensing) Regulations, 1982 (S.I. No. 311 of 1982). 318 [ 28 ] S.I. No. 318 of 1992 Regulations 318 ( 29 ) Regulations S.I. No. 318 of 1992 ANNEX 2 Original SECOND SCHEDULE of SI 318/1992 substituted by SI 252/1993 with effect from 1 October 1993 OW N E R DUBLIN CASTLE PART I DOCUMENT NO. VEHICLE REGISTRATION NO. If you sell or transfer the vehicle to someone else, Part 1 of this document must be detached and posted (without postage stamp) to the Central Vehicle Office, Freepost, Rosslare Harbour, Co. Wexford. Part II of this document must be handed to the new owner VEHICLE REGISTRATION CERTIFICATE VEHICLE REGISTRATION NO. DUBLIN CASTLE Make: Model: This Certificate is issued by the Revenue Commissioners. Officers of the Revenue Commissioners, Members of the Garda Siochana, and Officials of the Motor Tax Colour(s): Body Type: Office may require you to produce the Certificate at any time. YOU ARE REQUIRED BY LAW TO NOTIFY Engine Number: Engine Type: YOUR LOCAL VEHICLE REGISTRATION Engine Capacity: OFFICE OF CHANGES TO ANY OF THE Chassis/Frame Number: DETAILS ON THIS DOCUMENT, AS SOON AS THEY OCCUR. Number of Windows: Number of Seats: In the event of a change the boxes overleaf should be completed as appropriate. For further information, please telephone your local Vehicle Registration Office or the Central Vehicle Office. AT EACH CHANGE OF OWNERSHIP, Search Code: Statistical Code: Exemption Code: Vehicle Category: THIS DOCUMENT MUST BE HANDED TO THE NEW OWNER. WHERE THE VEHICLE IS SCRAPPED, DESTROYED OR SENT PERMANENTLY OUT OF THE STATE THIS DOCUMENT SHOULD BE Date of Registration: Month and Year of First Registration or Manufacture: POSTED (without postage stamp) TO THE CENTRAL VEHICLE OFFICE, FREEPOST, Document No.: ROSSLARE HARBOUR, CO. WEXFORD. RESTRICTION (if any) ___________________________________ Authorised Official 318 [ 30 ] SERIAL NO. PART II S.I. No. 318 of 1992 Regulations THIS TEAR-OFF SECTION MUST BE DETACHED AND POSTED (without postage stamp) TO THE CENTRAL VEHICLE OFFICE, FREEPOST, ROSSLARE HARBOUR, CO. WEXFORD NOTIFICATION OF CHANGES You must notify changes IMMEDIATELY by completing the appropriate section(s) below in BLOCK CAPITAL LETTERS, signing the DECLARATION and sending this document to your local Vehicle Registration Office. SECTION 1 - CHANGE OF VEHICLE PARTICULARS (if applicable) and date of change D D M M YEAR A. NEW COLOUR (insert new basic colour e.g. red, green, etc.) B. NEW/REPLACEMENT ENGINE NUMBER C. NEW/REPLACEMENT ENGINE CAPACITY D. NEW BODY TYPE * E. NEW FUEL (e.g. petrol, diesel, etc.) F. NEW NUMBER OF WINDOWS * G. NEW NUMBER OF SEATS * * Declaration Form VRT 6, obtainable from your local Vehicle Registration Office, must also be completed when a change of Tax Category takes place. SECTION 2 - VEHICLE SCRAPPED, DESTROYED OR SENT PERMANENTLY OUT OF THE STATE (if applicable) Please tick ü the appropriate box scrapped/ destroyed ü sent out of the State ü and give the date applicable: D D M M YEAR DECLARATION I declare that I have checked the information given on this form and that to the best of my knowledge it is correct. Signature Date ANY PERSON WHO ALTERS THE PARTICULARS ON THE FRONT OF THIS CERTIFICATE INCURS HEAVY PENALTIES 318 [ 31 ] Regulations S.I. No. 437 of 1992 S.I. No. 437 of 1992 STATUTORY INSTRUMENTS. S.I. No. 437 of 1992. _______________________ VEHICLE REGISTRATION AND TAXATION (NO. 2) REGULATIONS, 1992. reg 1. S.I. No. 437 of 1992 Regulations S.I. No. 437 of 1992 VEHICLE REGISTRATION AND TAXATION (NO. 2) REGULATIONS, 1992 (as amended by S.I. No. 252 of 1993) Notes These Regulations lay down conditions governing the registration and taxation of vehicles, and should be read together with the Vehicle Registration and Taxation Regulations, 1992, (S.I. No. 318 of 1992). s141 The Revenue Commissioners, in exercise of the powers conferred on them by section 141 of the Finance Act, 1992, (No. 9 of 1992), as amended by section 14 of the Finance (No. 2) Act, 1992 (No. 28 of 1992), hereby make the following Regulations: 1. These Regulations may be cited as the Vehicle Registration and Taxation (No. 2) Regulations, 1992. 2. These Regulations shall come into operation on the 1st day of January, 1993. 3. In these Regulations – “the Act” means the Finance Act, 1992 (No. 9 of 1992), as amended by the Finance (No. 2) Act, 1992, (No. 28 of 1992); s130 “the Act of 1952”, “authorised person” and “vehicle” have the meanings assigned to them by Chapter IV of Part II of the Act; “the Commissioners” means the Revenue Commissioners; “tax” means vehicle registration tax; “the Regulations” means the Vehicle Registration and Taxation Regulations, 1992 (S.I. No. 318 of 1992); s131(1)(e) s131(1)(g) s141(2)(p) “the zz register” means the register established under section 131 (1) (e) of the Act. 4. (1) In this Regulation “the registration body” means the body appointed by the Commissioners by paragraph (9) of this Regulation. (2) The registration body shall, in the performance of its fu nctions under the Act and these Regulations, comply with the instructions of the Commissioners, keep them supplied with up to date copies of the register and furnish them with such extracts from the register as they may request. s131(1)(e)(ii) s141(2)(b),(c) (3) A person who applies to the registration body under section 131 (1) (e)of the Act for the registration of a vehicle in the zz register shall furnish to that body, in the form of the declaration specified in the Schedule to these Regulations, the particulars for which provision is made in the form. (4) The zz register shall consist of the declarations made by the owners of the vehicles concerned in accordance with paragraph (3), as accepted by the registration body. 437 ( 1 ) Regulations s131(1)(e)(i) s131(1)(h) S.I. No. 437 of 1992 reg 4. (5) When declaring a vehicle for registration in the zz register, a person (in this Regulation referred to as “the declarant”) shall show, to the satisfaction of the registration body, that he is a person established outside the State, that the vehicle is in the State temporarily only and solely for the use of persons established outside the State and, as respects the use of the vehicle in a public place, that there is compliance with section 56 of the Road Traffic Act, 1961 (No. 24 of 1961). (6) Where the registration body is satisfied that a declarant is a person established outside the State and that the vehicle to which his declaration relates qualifies for registration in the zz register, it shall assign an identification mark to the vehicle containing the letters zz and a unique number and shall issue to the declarant – (a) a card (referred to subsequently in these Regulations as “a registration card”) specifying the identification mark, such particulars of the vehicle as the commissioners may determine, the name and address of the owner of the vehicle and such other (if any) particulars as the Commissioners may determine, and (b) 2 rectangular plates on which is exhibited the identification mark assigned to the vehicle under this paragraph. s131(1)(h) (7) The identification mark aforesaid shall be displayed on the vehicle in accordance with section 131 (1) (h) of the Act by means of the registration plates issued by the registration body under paragraph (6) of this Regulation. (8) Aregistration in the zz register shall be valid for 1 month from the date of issue. However, where a declarant requires a period of validity of the registration in excess of 1 month, he shall apply in writing to the Commissioners therefore and the Commissioners may extend the period of such validity if they are satisfied that the declarant will continue to remain established outside the State for the period, as extended, of such validity and that the vehicle concerned will not be used by a person established in the State during that period. Where the period of validity of a registration is extended under this paragraph, the Commissioners shall issue to the declarant concerned a document (in these Regulations referred to as “a confirmation”) confirming the extension and specifying the period thereof. s131(1)(g) s131(1)(f) s131(1)(f) (9) The Automobile Association of Ireland is hereby appointed to maintain the zz register on behalf of the Commissioners. (10) In this Regulation “person established outside the State” means an individual having his normal residence outside the State or a person (other than an individual) having his only or principal place of business outside the State. [(11)(a) In this Regulation “normal residence”means the place where a person usually lives, that is to say, where he lives for at least 185 days in each year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties. However, the normal residence of a person whose occupational ties are in a different place from his personal ties, and who consequently lives in turn in different places situated in 2 or more countries shall be regarded as being the place of his personal ties: 437 ( 2 ) reg 5. S.I. No. 437 of 1992 Regulations Provided that such person returns to the place of his personal ties regularly. This proviso shall not apply if the person is living in a country in order to carry out a task of a definite duration. A person who lives in a country primarily for the purposes of attending a school or university or other educational or vocational establishment shall not be regarded as having his normal residence in that country.] 1 (b) Proof of normal residence may be given by means of documents relating to the acquisition of property or to employment or cessation of employment or to other transactions carried out in the course of day to day living and, in addition to or in substitution for the foregoing documents or any of them, any other documentary evidence the Commissioners require or accept. s131(2)(c) 5. (1) The particulars declared to the Commissioners under subsection (2) (c)of section 131 of the Act shall be those specified in SECTION 1 of the part entitled “NOTIFICATION OF CHANGES” of the certificate of registration set out in the Second Schedule to the Regulations. (2) Adeclaration under the said subsection (2) (c) shall be made by completing the said SECTION 1 and submitting the said certificate to the Commissioners. s131(5A) s141(2)(q) 6. (1) A request under section 131 (5A) shall be in writing and shall not be made before the 1st day of November in the year immediately preceding the year in which the vehicle concerned is proposed to be brought into use. (2) Afee of £315 is hereby prescribed for the purpose of the said section 131 (5A). (3) A mark assigned under the said section 131 (5A) shall not be displayed on the vehicle concerned until it would, but for such assignment, fall to be assigned under Regulation 9 (3) of the Regulations. s134(6) s141(2)(o) s134(7) s141(2)(s) 7. A person who seeks the repayment under section 134 (6) of the Act of the tax paid on the registration of a vehicle shall make an application in writing to the Commissioners within 21 days of such registration for the repayment, shall set out in the application the exceptional circumstances claimed to warrant the repayment and shall furnish to the Commissioners, if so requested by them, proof to the satisfaction of the Commissioners of those circumstances. 8. A person who seeks the repayment under section 134 (7) of the Act of any tax paid on the registration of a vehicle shall, if so requested by the Commissioners, furnish to them not later than the 10th day of the month immediately following that in which the vehicle was registered, such information as they may specify in relation to such of the following matters as they may specify, that is to say, the ownership and use of the vehicle and the source of the moneys used for its acquisition. 437 ( 3 ) Regulations s136(8) s141(2)(r) S.I. No. 437 of 1992 reg 9. 9. The conditions, restrictions and limitations under which an unregistered vehicle may be used in a public place by an authorised person in accordance with section 136 (8) of the Act shall be as follows: (a) the vehicle shall be used only for the purpose of inspecting or testing it in the course of or following repair of or modification to it, delivering it to an authorised person, driving it to a port or airport or to a place on the land frontier of the State for the purposes of its immediate exportation, demonstrating it to a person who is considering purchasing it or for any other purpose specified by the Commissioners in any particular case, (b) the vehicle shall not be used on Sundays or public holidays or before 6.00 a.m. or after 10.00 p.m. on any other day without the permission of the Commissioners, (c) the vehicle shall not have travelled more than 3,000 kilometres in the State, and (d) the vehicle shall be one to which subsection (6) of section 21 of the Finance (No. 2) Act, 1992 (No. 28 of 1992), Note applies and there shall be exhibited on it in accordance with that section a trade licence issued under that section. s131(5) s141(2)(g) s142 10. Upon application in writing to the Commissioners in that behalf by the owner of a vehicle and upon furnishing to them such information as they may reasonably require for the purposes of their functions under this Regulation, the Commissioners may, notwithstanding Regulation 9 (6) of the Regulations, if the vehicle is not required to be the subject of a licence under the Act of 1952, issue to such owner a permit in writing authorising (in lieu of complying with the said Regulation 9 (6)) the permanent exhibition of the identification mark assigned to the vehicle under section 131 (5) of the Act on the chassis or frame of the vehicle in a legible form and in an accessible position. 11. (1) An officer of the Commissioners, authorised in writing in that behalf by the Commissioners (upon production of his authorisation if so requested by any person affected), or a member of the Garda Síochána may require the driver of a vehicle exhibiting a registration mark assigned to the vehicle under Regulation 4 of these Regulations or a vehicle to which Regulation 10 applies to produce the registration card relating to the vehicle issued under paragraph (6) of the said Regulation 4 and any confirmation issued under paragraph (8) of the said Regulation 4 in relation to the vehicle or, as the case may be, a permit issued under Regulation 10 of these Regulations in relation to the vehicle and the driver shall comply with the request. (2) An officer of the Commissioners in uniform may require the driver of a vehicle exhibiting a registration mark assigned to it under the said Regulation 4 or a vehicle to which the said Regulation 10 applies to stop the vehicle and the driver of the vehicle shall comply with the requirement. 437 ( 4 ) reg 12. S.I. No. 437 of 1992 Regulations 12. The Regulations are hereby amended – (a) in Regulation 4, by the insertion of the following definition after the definition of “distributor”: “ ‘registration number’, in relation to a vehicle, means the identification mark assigned to the vehicle under section 131 (5) of the Act;”, and (b) in Regulation 15, by the deletion in paragraph (1) of “in writing”. 13. Where, as respects any class of person the Commissioners so allow and subject to any conditions which they may think fit to impose, compliance in whole or in part, with any of these Regulations shall not be required. 437 ( 5 ) Regulations SI. No. 437 of 1992 SCHEDULE C. & E. 1090 DECLARATION FOR TEMPORARY REGISTRATION OF A MOTOR VEHICLE (Please read notes overleaf before completing this form) SURNAME (MR/MRS/MS) If vehicle is supplied by a dealer in Ireland, please state: FIRST NAME(S) NAME OF DEALER PERMANENT ADDRESS OUTSIDE IRELAND FULL ADDRESS ........................................................................... . ................................................ .................................................... ............................................................................ ........................................................................... ............................................................................ . VEHICLE DETAILS MAKE MODEL VERSION COLOUR ENGINE NO. CHASSIS NO. If the vehicle is already registered abroad, please state: Registration No. .................................................................. Country of Registration .......................................... Year of Manufacture or 1st Registration ............................ Period for which temporary registration in Ireland is required? DECLARATION: I declare that I am a person established outside the State and that the vehicle detailed above is solely for my use while in the State and will not be driven by a State resident for the period of its temporary registration. Signature of Applicant .................................................................... Date FOR OFFICE USE ONLY PROOF OF ESTABLISHMENT OUTSIDE THE STATE * Proof (i.e. documentary evidence, e.g. ID Card, INSURANCE PARTICULARS Name of Irish Insurance Company Passpost, Driving Licence etc.) being supplied to confirm that the declarant is a person established outside the State: 1. ................................................................... Insurance Policy No. 2. ................................................................... ZZ Registration Number ZZ _________________ 3. ................................................................... * Please state document no. if applicable. Insurance Expiry Date Issued by me today, and valid until If the period exceeds one month, a copy of the Commissioners confirmation is attached. Signature (for Registration Body) ..................................................................... 437 [ 6 ] Date reg 12. S.I. No. 437 of 1992 Regulations GIVEN this 31st day of December, 1992. D. B. QUIGLEY, Revenue Commissioner. Amendments 1. Reg 4(11)(a) substituted by Vehicle Registration and Taxation Regulations 1993 (S.I. 252/1993) reg 9 with effect from 17 June 1993; previously ir11(a) In this Regulation lenormal residence" means the place where a person usually lives, that is to say, where he lives for at least 185 days in each year, because of personal and occupational ties (attendance at a school or university or other educational or vocational establishment not being regarded for the purposes of this definition as an occupational tie) or, in the case of a person with no occupational ties, because of personal ties. However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in 2 or more countries shall be regarded as being the place of his personal ties: Provided that such person returns to the place of his personal ties regularly. This proviso shall not apply if the person is living in a country in order to carry out a task of a definite duration." Notes FA (No. 2) 1992 s21(6) refers to trade licenses (plates) issued by the Department of the Environment and Local Government to persons carrying on the business of manufacturing, dealing, distributing or repairing vehicles. 437 ( 7 ) Regulations S.I. No. 59 of 1993 S.I. No. 59 of 1993 STATUTORY INSTRUMENTS. S.I. No. 59 of 1993. ______________________ VEHICLE REGISTRATION TAX (PERMANENT RELIEFS) REGULATIONS, 1993. reg 1. S.I. No. 59 of 1993 Regulations S.I. No. 59 of 1993 VEHICLE REGISTRATION TAX (PERMANENT RELIEFS) REGULATIONS, 1993. Notes These Regulations, which are effective from 1 January, 1993, lay down the conditions governing the registration of vehicles without payment of vehicle registration tax where such vehicles are brought permanently into the State– (a) in connection with a transfer of normal residence; (b) in connection with a transfer of a business activity; (c) following acquisition by inheritance; (d) as gifts by approved official bodies, public authorities or groups; (e) for the use of the European Foundation for the improvement of living and working conditions and the institutions of the EC and their officials, and (f) under diplomatic, consular or similar arrangements. s141(3),(4) s134 I, BERTIE AHERN, Minister for Finance, in exercise of the powers conferred on me by section 141 (3) of the Finance Act, 1992 (No. 9 of 1992), hereby make the following Regulations: 1. These Regulations may be cited as the Vehicle Registration Tax (Permanent Reliefs) Regulations, 1993. 2. These Regulations shall be deemed to have come into operation on the 1st day of January, 1993. 3. (1) In these Regulations – “the Act” means the Finance Act, 1992 (No. 9 of 1992); “normal residence” means the place where a person usually lives, that is to say, where he lives for at least 185 days in each year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties. However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in 2 or more countries shall be regarded as being the place of his personal ties: Provided that such person returns to the place of his personal ties regularly. This proviso shall not apply where the person is living in a country in order to carry out a task of a duration of less than one year. A person who lives in a country primarily for the purposes of attending a school or university or other educational or vocational establishment shall not be regarded as having his normal residence in that country. 59 ( 1 ) Regulations S.I. No. 59 of 1993 “personal property” means property for the personal use of the person concerned and his household living with him outside the State but does not include property which by reason of its nature or quantity reflects any commercial interest or is intended to be used for any commercial purpose. (2) An expression or word used in these Regulations and also used in Chapter IV of Part II of the Act shall, unless the contrary intention appears, have in these Regulations the meaning that it has in that Chapter. Transfer of residence s134(1)(a) s141(4)(a) 4. (1) Subject to paragraph (5), the relief under section 134 (1) (a) of the Act shall be granted for any vehicle – (a) which is the personal property of an individual transferring his normal residence to the State and which has been in the possession of and used by him outside the State for a period of at least six months before the date on which he ceases to have his normal residence outside the State, (b) which has been acquired under the general conditions of taxation in force in the domestic market of a country and which is not the subject, on the grounds of exportation or departure from that country, of any exemption from or any refund of value-added tax, excise duty or any other consumption tax, and s141(4)(c) s134(1)(g) (c) in respect of which an application for relief, in such form as may be specified by the Commissioners, is made to the Commissioners not later than the next working day following its arrival in the State or, in case the vehicle requires the making of a customs entry on arrival in the State, not later than the next working day after its release from customs control. (2) Where a vehicle is – (a) supplied under diplomatic or consular arrangements, or (b) supplied to an international organisation recognised as such by the Minister for Foreign Affairs or to a member of such an organisation within the limits and under the conditions laid down by the international convention establishing the organisation, or by another similar agreement, the conditions specified in paragraph (1) (b) of this Regulation shall be deemed to have been complied with as respects the vehicle and in paragraph (1) (a) of this Regulation the reference to 6 months shall be construed as a reference to 12 months. (3) Proof shall be supplied to the Commissioners within one month of the date of the application for the relief aforesaid that the conditions specified in paragraph (1) of this Regulation have been compiled with. The proof shall consist of– (a) a sales invoice, receipt of purchase, or other similar document, which clearly establishes, where relevant, that any value-added tax, excise duty or other consumption tax payable on the vehicle concerned outside the State was paid and not refunded, 59 ( 2 ) reg 4. S.I. No. 59 of 1993 Regulations (b) in relation to the possession of and use of the vehicle by the person concerned for the appropriate period aforesaid, the vehicle registration document and insurance certificates for the vehicle, (c) in relation to normal residence outside the State, documents relating to the acquisition of property, or to employment or cessation of employment, or to other transactions carried out in the course of day-to-day living, (d) in relation to the transfer of normal residence to a place in the State, documents relating to the disposal of property in the country of departure and the acquisition of property in the State or to employment (including statements in writing from the person’s employer in the State), and (e) evidence of the date on which the vehicle was brought into the State, and, in addition to the foregoing or in substitution for it or any of it, any other documentary evidence the Commissioners require or accept. (4) Avehicle in respect of which the relief aforesaid is claimed shall be produced to the Commissioners for examination. s141(4)(c) (5) The relief aforesaid shall not be granted– (a) in respect of a vehicle brought into the State more than 12 months after the transfer of normal residence unless the Commissioners, in their discretion, so decide in any particular case, or (b) in the case of a person who transferred his normal residence from the State to a country outside the State in order to carry out a task of a duration of one year or more and who, upon completion of the task, transfers his normal residence back to the State, in respect of a vehicle in the period of 5 years following the granting of such relief in any particular case or of relief in corresponding circumstances under the provisions that applied in relation to the grant of relief from import taxes by the Commissioners in the case of transfer of residence to the State in force immediately before the 1st day of January, 1993: Provided that, in the case of a person who commenced so living before the date of the making of these Regulations and who transfers his normal residence to the State after that date on the completion of the task concerned, this paragraph shall not apply in relation to a vehicle brought into the State by him upon such transfer. s141(4)(e) (6) A vehicle in respect of which the relief aforesaid has been granted shall not be sold or otherwise disposed of, hired out, lent or given as security in the State during the period of 12 months following its registration by the Commissioners unless the vehicle registration tax to which the relief aforesaid relates is paid thereon, except with the prior permission of the Commissioners given on their being satisfied that there are circumstances justifying its non-payment. 59 ( 3 ) Regulations S.I. No. 59 of 1993 reg 5. (7) Where a person transferred his residence from the State on or before the date of the making of these Regulations and, on transfer of his residence back to the State, a vehicle of his would, but for the fact that his residence outside the State was not normal residence, have qualified for the relief aforesaid, the Commissioners may grant such relief in respect of the vehicle if the person complies with the other provisions of this Regulation and if he would have satisfied the provisions in relation to residence outside the State that applied in relation to the grant of relief from import taxes by the Commissioners in the case of the transfer of residence to the State in force immediately before the 1st day of January, 1993. Transfer of business undertaking s134(1)(b) s141(4)(a) 5. (1) Subject to paragraph (2), the relief under section 134 (1) (b) of the Act shall be granted for any vehicle – (a) which has been used in the production process of the business undertaking concerned or, in the case of a service business, directly in the provision of the service, for a period of at least 12 months before the date on which the business undertaking ceased its activity in the country from which it has moved in order to carry on a similar activity in the State, (b) which is intended to be used for the same purpose in the State after the transfer of the business undertaking to the State, (c) which is brought into the State not later than 12 months after the date on which the undertaking ceased its activities outside the State, and s141(4)(c) (d) in respect of which an application for relief, in such form as may be specified by the Commissioners, is made to the Commissioners not later than the next working day following its arrival in the State or, in case the vehicle requires the making of a customs entry on arrival in the State, not later than the next working day after its release from customs control. (2) The relief aforesaid shall not be granted in respect of a vehicle brought into the State by a business undertaking established outside the State the transfer of which to the State is consequent upon or is for the purpose of merging with, or being absorbed by, a business undertaking established in the State, in circumstances in which a new activity is not, or is not intended to be commenced. (3) (a) Proof shall be supplied to the Commissioners within one month of the date of the application for the relief aforesaid that the conditions specified in paragraph (1) of this Regulation have been complied with. (b) The proof referred to in subparagraph (a) of this paragraph shall consist of– (i) in relation to the use of the vehicle concerned for the period aforesaid in the production process aforesaid or in the provision of the service aforesaid, the vehicle registration document and insurance certificates for the vehicle concerned, and 59 ( 4 ) reg 6. S.I. No. 59 of 1993 Regulations (ii) in relation to the cesser aforesaid and the carrying on in the State of an activity similar to the activity aforesaid, documents relating to the disposal of the premises of the business undertaking outside the State, or to the acquisition or construction of permanent business premises in the State, or to any State or local authority approval or consent relating to such acquisition or construction or the carrying on in the State of the activity aforesaid, and, in addition to the foregoing or in substitution for it or any of it, any other documentary evidence that the Commissioners may require or accept. (4) Avehicle in respect of which the relief aforesaid is claimed shall be produced to the Commissioners for examination. s141(4)(e) (5) A vehicle in respect of which the relief aforesaid has been granted shall not be sold or otherwise disposed of, hired out, lent or given as security in the State during the period of 12 months following its registration by the Commissioners unless the vehicle registration tax to which the relief aforesaid relates is paid thereon, except with the prior permission of the Commissioners given on their being satisfied that there are circumstances justifying its non-payment. (6) In special cases, if, in the opinion of the Commissioners, it is justified by the circumstances, the relief aforesaid may be granted notwithstanding the fact that subparagraphs (a) and (c) of paragraph (1) of this Regulation have not been complied with as respects the periods specified in those subparagraphs. Inheritance s134(1)(c) s141(4)(a) 6. (1) The relief under section 134 (1) (c) of the Act shall be granted for any vehicle– (a) which was the personal property of the deceased person concerned and is brought into the State not later than 2 years, or such longer period as the Commissioners in their discretion may allow in any particular case, from the date on which the vehicle entered into the possession of the person who acquired it by inheritance or the personal representative of the deceased person takes control of his property, (b) in respect of which there is produced to the Commissioners by or on behalf of the person seeking the relief the evidence specified in paragraph (2) of this Regulation and the evidence satisfies the Commissioners that the vehicles qualifies for the relief, s141(4)(c) (c) in respect of which an application for relief, in such form as may be specified by the Commissioners, is made to the Commissioners by a person who, in relation to the deceased person, is a person specified in the said section 134 (1) (c) not later than the next working day following its arrival in the State or, in case the vehicle requires the making of a customs entry on arrival in the State, not later than the next working day after its release from customs control. 59 ( 5 ) Regulations S.I. No. 59 of 1993 (2) The evidence referred to in paragraph (1) (b) of this Regulation shall be supplied to the Commissioners within one month of the date of application for relief and shall consist of – (a) evidence of the death of the owner of the vehicle concerned, such as a death certificate or a copy thereof, and (b) evidence that the person by or on whose behalf the application for the relief is made is either the person entitled to the ownership of the vehicle under the will or, as the case may be, on the intestacy, of the deceased person or is the personal representative of the deceased person, the evidence being a copy of the will together with proof that the will has been accepted by the appropriate authorities of the place where the deceased person died for the purposes of the administration of his estate or, if the deceased person was intestate as to the vehicle concerned, a declaration issued by a notary or other competent person in the place aforesaid or by a notary in the State that the vehicle was acquired by the person as the beneficiary under the intestacy or as the personal representative of the deceased person, and (c) the vehicle registration document, and, in addition to the foregoing or in substitution for it or any of it, any other documentary evidence the Commissioners may require or accept and, where any such document as aforesaid is in a language other than the English language or the Irish language, a translation thereof into the English language or the Irish language duly certified, to the satisfaction of the Commissioners, to be a true translation. (3) A vehicle in respect of which the relief aforesaid is claimed shall be produced to the Commissioners for examination. Donations by official bodies, public authorities or groups s134(1)(d) s141(4)(a) 7. (1) The relief under section 134 (1) (d) of the Act shall be granted for any vehicle– (a) which is not used for commercial purposes, s141(4)(d) s141(4)(c) (b) where a gift of such a vehicle has not previously been made by the body, authority or group concerned to the body, authority or group concerned or has been made only occasionally, and (c) in respect of which an application for relief, in such form as may be specified by the Commissioners, is made to the Commissioners not later than the next working day following its arrival in the State or, in case the vehicle requires the making of a customs entry on arrival in the State, not later than the next working day after its release from customs control. (2) Proof shall be supplied to the Commissioners within one month of the date of the application for the relief aforesaid that the conditions specified in subparagraphs (a) and (b) of paragraph (1) of this Regulation have been complied 59 ( 6 ) reg 8. S.I. No. 59 of 1993 Regulations with and the proof shall be in such form as may be specified by the Commissioners. (3) A vehicle in respect of which the relief aforesaid is claimed shall be produced to the Commissioners for examination. s134(1)(e), (f), (h), (i) s141(4)(a) Diplomatic and related relief 8. (1) The relief under paragraphs (e), (f), (h) (inserted by the Finance (No. 2) Act, 1992 (No. 28 of 1992)) and (i) (inserted by the said Act) of section 134 (1) of the Act shall be granted for –- s141(4)(d) (a) not more than one vehicle for the official use of institution of the European Communities or the European Foundation for the improvement of living and working conditions during such period as may be determined by the Commissioners in relation to that case: Provided that the relief aforesaid may be granted by the Commissioners in respect of additional vehicles in a particular case justified by the circumstances, s141(4)(d) s141(4)(c) s141(4)(e) (b) in the case of an official or other member of the staff of an institution of the European Communities or of the European Foundation for the improvement of living and working conditions whose normal residence was not in the State immediately prior to taking up a post with such institution in the State, 2 vehicles which are either brought into or acquired in the State within a period of 12 months of his taking up of the post. (2) Where the vehicle concerned is brought into the State, an application for the relief aforesaid, in such form as may be specified by the Commissioners, shall be made to the Commissioners not later than the next working day following its arrival in the State or, in case the vehicle requires the making of a customs entry on arrival in the State, not later than the next working day after its release from customs control. Where the vehicle concerned is acquired in the State, the application aforesaid shall be made before the acquisition of the vehicle. (3) A vehicle in respect of which the relief aforesaid has been granted shall not be sold or otherwise disposed of, hired out, lent or given as security in the State during the period of 2 years following its registration by the Commissioners unless the vehicle registration tax to which the relief aforesaid relates is paid thereon, except with the prior permission of the Commissioners given on their being satisfied that there are circumstances justifying its non-payment. (4) A vehicle brought into the State in respect of which the relief aforesaid is claimed shall be produced to the Commissioners for examination. s134(1)(g) s141(4)(d); 9. (1) The relief under section 134 (1) (g) of the Act shall be granted – (a) in the case of a diplomatic agent accompanied by his spouse, for not more than 2 vehicles for the personal use of the diplomatic agent, his spouse, and family living with him during such period as may be determined by 59 ( 7 ) Regulations S.I. No. 59 of 1993 the Commissioners in relation to that case after consultation with the Minister for Foreign Affairs, (b) in the case of a diplomatic agent unaccompanied by his spouse, for not more than one vehicle for the personal use of the diplomatic agent during such period as may be determined by the Commissioners in relation to that case after consultation with the Minister for Foreign Affairs: Provided that the relief aforesaid may be granted in respect of additional vehicles by the Commissioners, in consultation with the Minister for Foreign Affairs, in particular cases justified by the circumstances, (c) in the case of a member of the administrative and technical staff of a diplomatic mission, who is neither a national of the State nor a person whose normal residence was in the State immediately prior to his taking up duty in the mission, for one vehicle which is either brought into or acquired in the State within the period of 6 months of his taking up duty in the mission, (d) for not more than one vehicle for use as a service car of a diplomatic mission during such period as may be determined by the Commissioners in relation to that case after consultation with the Minister for Foreign Affairs: Provided that the relief aforesaid may be granted in respect of additional vehicles by the Commissioners, in consultation with the Minister for Foreign Affairs, in particular cases justified by the circumstances. s141(4)(c) s141(4)(e) (2) Where the vehicle concerned is brought into the State, an application for the relief aforesaid, in such form as may be specified by the Commissioners, shall be made to the Commissioners not later than the next working day following its arrival in the State or, in case the vehicle requires the making of a customs entry on arrival in the State, not later than the next working day after its release from customs control. Where the vehicle concerned is acquired in the State, the application aforesaid shall be made before the acquisition of the vehicle. (3) A vehicle in respect of which the relief aforesaid has been granted shall not be sold or otherwise disposed of, hired out, lent or given as security in the State unless the vehicle registration tax to which the relief aforesaid relates is paid thereon, except with the prior permission of the Commissioners given on their being satisfied, in consultation with the Minister for Foreign Affairs, that there are circumstances justifying its non-payment. (4) A vehicle brought into the State in respect of which the relief aforesaid is claimed shall be produced to the Commissioners for examination. (5) In this Regulation “diplomatic agent” and “member of the administrative and technical staff” have the meanings assigned to them by Article 1 of the Vienna Convention on Diplomatic Relations done at Vienna on the 18th day of April, 1961, as set out in the First Schedule to the Diplomatic Relations and Immunities Act, 1967 (No. 8 of 1967). 59 ( 8 ) reg 8. S.I. No. 59 of 1993 Regulations Construction 10. These Regulations shall be construed together with the statutes which relate to the duties of excise and the management of those duties and any instrument relating to the duties of excise and the management of those duties made under statute. GIVEN under my Official Seal, this 2nd day of March, 1993. L.S. BERTIE AHERN, Minister for Finance. 59 ( 9 ) Regulations S.I. No. 60 of 1993 S.I. No. 60 of 1993 STATUTORY INSTRUMENTS. S.I. No. 60 of 1993. __________________ TEMPORARY EXEMPTION FROM REGISTRATION OF VEHICLES REGULATIONS, 1993. reg 8. reg 1. S.I. No. 60 of 1993 Regulations S.I. No. 60 of 1993 TEMPORARY EXEMPTION FROM REGISTRATION OF VEHICLES REGULATIONS, 1993. Notes These Regulations, which are effective from 1st January, 1993, prescribe the criteria for elegibility for exemption from the requirement to be registered with the Revenue Commissioners where a vehicle is temporarily brought into the State. s135 s141(3) I, BERTIE AHERN, Minister for Finance, in exercise of the powers conferred on me by section 141 (3) of the Finance Act, 1992 (No. 9 of 1992), hereby make the following Regulations: 1. These Regulations shall be deemed to have come into operation on the 1st day of January, 1993. 2. (1) In these Regulations – “the Act” means the Finance Act, 1992 (No. 9 of 1992); “business use” means use in the direct exercise of an activity carried on for gain; s131(1)(f) “person established outside the State” means an individual having his normal residence outside the State or a person (other than an individual) having his only or principal place of business outside the State; “private use” means use other than business use; “transport of goods for the purpose of industry or commerce” does not include – (a) the transport of apparatus for use in the transmission of programmes by sound or television broadcasting or in the making of sound recordings, television films or cinematograph films, or (b) transport for a purpose connected solely with an election to Dáil Éireann. s131(1)(f) (2) (a) In these Regulations “normal residence” means the place where a person usually lives, that is to say, where he lives for at least 185 days in each year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties. However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in 2 or more countries shall be regarded as being the place of this personal ties: Provided that such person returns to the place of his personal ties regularly. This proviso shall not apply if the person is living in a country in order to carry out a task of a definite duration. A person who lives in a country primarily for the purposes of attending a school or university or other educational or vocational establishment shall not be regarded as having his normal residence in that country. 60 ( 1 ) Regulations S.I. No. 60 of 1993 reg 3. (b) Proof of normal residence may be given by means of documents relating to the acquisition of property or to employment of cessation of employment or to other transactions carried out in the course of day to day living and, in addition to or in substitution for the foregoing documents or any of them, any other documentary evidence the Commissioners require or accept. 3. An expression or word used in these Regulations and also used in Chapter IV of Part II of the Act shall, unless the contrary intentions appears, have in these Regulations the meaning that it has in that Chapter. 4. (1) These Regulations shall apply only to a vehicle which has been acquired under the general conditions of taxation in force in the domestic market of a country and which is not the subject, on the grounds of exportation or departure from that country, of any exemption from or any refund of value-added tax, excise duty or any other consumption tax. (2) Where a vehicle is – (a) supplied under diplomatic or consular arrangements, or (b) supplied to an international organisation recognised as such by the Minister for Foreign Affairs or to a member of such an organisation within the limits and under the conditions laid down by the international convention establishing the organisation or by another similar agreement, the conditions specified in paragraph (1) of this Regulation shall be deemed to have been complied with. (3) (a) The provisions of paragraph (1) of this Regulation shall be presumed to be complied with in relation to a vehicle if the vehicle bears an identification mark of its country of registration (other than a mark assigned to a vehicle temporarily registered), (b) However, in the case of a vehicle registered in a country where the issue of such an identification mark is not conditional upon compliance with the general conditions of taxation in force on the domestic market in that country, the Commissioners may require evidence that any taxes payable there in respect of the vehicle have been paid. s131(1)(e)(i) s135(a) 5. (1) The exemption under section 135 (a) of the Act shall be granted for a period not exceeding 12 months from the date upon which the vehicle concerned was brought into the State or such longer period as the Commissioners in their discretion may allow in any particular case, if the vehicle – (a) is owned by or registered in the name of a person established outside the State, (b) is not disposed of or hired out in the State or lent to a person established in the State, and (c) whilst in the State, is not driven by a person established in the State save with the permission of the Commissioners. 60 ( 2 ) reg 6. S.I. No. 60 of 1993 Regulations (2) When a category A vehicle is temporarily brought into the State for business use, the vehicle shall not be used in the State – (a) for the carriage of persons for reward other than persons carried when it entered the State or persons being carried on a journey to a place outside the State, unless such carriage is authorised by law, (b) for the transport of goods for the purposes of industry or commerce, between places within the State, whether for reward or not. (3) Notwithstanding subparagraph (1) (b), a category A vehicle belonging to a car hire firm established outside the State may, if the vehicle is in the State under a contract, which expired in the State, for the hire of the vehicle – (a) be re-hired once only if it is so re-hired to a person established outside the State with a view to its being taken out of the State, or (b) be returned by an employee of the car hire firm concerned to the country where the contract was made whether or not the employee is established in the State. (4)(a) Notwithstanding paragraph (1) of this Regulation, where a category A vehicle is registered in another country being the country of normal residence of the user and is used regularly by him for the journey from his residence to his place of work in an undertaking in the State, the period of the exemption under that paragraph shall not be subject to any time limit, (b) Notwithstanding the said paragraph (1), where a student residing temporarily in the State primarily for the purpose of pursuing a course of studies uses a category A vehicle in the State and the vehicle is registered outside the State in the country of his normal residence, or (in the case of a vehicle brought into the State before the date of the making of these Regulations by a student who was so residing), in any country outside the State, the exemption referred to in that paragraph shall apply for the period the student remains in the State pursuing such studies. (5) The provisions of paragraph (1), (2), (3) and (4) of this regulation shall apply mutatis mutandis to a motor-cycle. 135(aa) 6. (1) The exemption under subsection (aa) (inserted by the Finance (No. 2) Act, 1992 (No. 28 of 1992)) of section 135 of the Act shall be granted for a period not exceeding 12 months from the date upon which the vehicle concerned was brought into the State, or such longer period as the Commissioners in their discretion may allow in any particular case, if the vehicle – (a) is owned by or registered in the name of a person established outside the State, (b) is not driven or used by a person established in the State other than for business use on behalf of a person established outside the State, (c) is not disposed of or hired out in the State, or lent to a person established in the State, and 60 ( 3 ) Regulations S.I. No. 60 of 1993 reg 7. (d) is not used in the State, (i) or the carriage of persons for reward other than persons it carried when it entered the State or persons being carried on a journey to a place outside the State, or (ii) for the transport of goods for the purposes of industry or commerce between places within the State, whether for reward or not, unless such carriage is authorised by law. (2) Notwithstanding anything to the contrary in paragraph (1) (c) of this regulation, a vehicle, other than a category A vehicle or a motor-cycle, temporarily brought into the State under a contract for the temporary hire of the vehicle may, with the permission of the Commissioners and subject to such conditions as they may impose, be re-hired once only if it is so re-hired to a person established outside the State and if the re-hiring is effected through a person whose business in the State is or includes the letting out of vehicles for hire and whose only or principal place of business and principal place of residence are in the State. (3) Where a vehicle has been re-hired under paragraph (2) of this Regulation, the person to whom the vehicle is re-hired shall as from the date of such re-hiring be deemed for the purpose of these Regulations to be the person who brought the vehicle into the State. s135(b) 7. The exemption under section 135 (b) of the Act shall be granted, on written application to the Commissioners – (a) in case the vehicle concerned is brought into the State as a representative sample of a particular vehicle, to be displayed or used for demonstration with a view to obtaining orders for similar vehicles, of the vehicle (i) is owned by or registered in the name of a person established outside the State, (ii) whilst in the State is not put to normal use, except for the purpose of demonstration, (iii) is not used for hire or reward, (iv) whilst in the State remains the property of a person established outside the State, and (v) is intended to be taken out of the State on fulfilment of such purpose, (b) in any other case if the vehicle – (i) is not intended to be sold or offered for sale in the State, (ii) is intended to be taken out of the State on the fulfilment of the purpose specified in the said section 135 (b) for which it was brought into the State, and (iii) is being brought into the State by a person whose normal residence is in the State, on provision to the Revenue Commissioners of such security as they may require for the payment of any taxes or duties which, but for this exemption, would be payable in respect of the vehicle on its being so brought into the State. 60 ( 4 ) reg 8. s135(c) S.I. No. 60 of 1993 Regulations 8. The exemption under section 135 (c) of the Act shall be granted by the Commissioners for a period not exceeding 12 months from the date upon which the vehicle was brought into the State or such longer period as the Commissioners in their discretion may allow in any particular case, if the vehicle – (a) is owned by or registered in the name of a person established outside the State, (b) whilst in the State remains the property of a person established outside the State, and (c) is intended to be taken out of the State. s131(1)(i) 9. (1) an exemption under section 135 of the Act shall cease to have effect upon the expiration of the period fixed by or under these Regulations in relation thereto or if the owner of the vehicle concerned ceases to be established outside the State. (2) The documents relating to the ownership, registration or bringing into the State of a vehicle temporarily brought into the State under these Regulations shall be kept with the vehicle when it is in use in and shall be produced at the request of an officer of the Commissioners, duly authorised by them in that behalf and on production of his authorisation if so requested by any person affected. 10. Nothing in these regulations shall be construed as exempting a person temporarily bringing a vehicle into the State from compliance with any legal requirement, obligation, restriction or prohibition. 11. These Regulations shall be construed together with the statues which relate to the duties of excise and the management of those duties and any instrument relating to the duties of excise and the management of those duties made under statute. 12. The Motor Vehicles (Temporary Importation) Regulations, 1970 (S.I. No. 54 of 1970), and the European Communities (Exemption from Import Charges of Certain Vehicles, etc., Temporarily Imported) Regulations, 1983 (S.I. No. 422 of 1983), are hereby revoked. GIVEN under my Official Seal, this 2nd day of March, 1993. L.S. BERTIE AHERN, Minister for Finance. 60 ( 5 ) Regulations S.I. No. 252 of 1993 S.I. No. 252 of 1993 STATUTORY INSTRUMENTS. S.I. No. 252 of 1993. __________________________ VEHICLE REGISTRATION AND TAXATION REGULATIONS, 1993. reg 1. S.I. No. 252 of 1993 Regulations S.I. No. 252 of 1993 VEHICLE REGISTRATION AND TAXATION REGULATIONS, 1993. Notes These Regulations lay down conditions governing the repayment of vehicle registration tax in the case of vehicles used for short-term hire and as demonstration vehicles. They prescribe a new certificate of registration operative from 1 October, 1993 and how this is to be completed where a vehicle has not been licensed before change of ownership. They should be read together with the Vehicle Registration and Taxation Regulations, 1992 (S.I. No. 318 of 1992) and the Vehicle Registration and Taxation (No. 2) Regulations, 1992 (S.I. No. 437 of 1992). s141 The Revenue Commissioners, in exercise of the powers conferred on them by section 141 of the Finance Act, 1992 (No. 9 of 1992), as amended by section 56 of the Finance Act, 1993 (No. 13 of 1993), hereby make the following Regulations: 1. These Regulations may be cited as the Vehicle Registration and Taxation Regulations, 1993. 2. These Regulations, other than subparagraphs (b) and (c) of Regulation 8 (1) and the Schedule, shall be deemed to have come into operation on the 17th day of June, 1993. 3. In these Regulations – “the Act” means the Finance Act, 1992 (No. 9 of 1992), as amended by the Finance (No. 2) Act, 1992 (No. 28 of 1992) and the Finance Act, 1993 (No. 13 of 1993); s130 s134(11)(b) “the Commissioners” means the Revenue Commissioners; “short-term self-drive contracts” has the meaning assigned to it by section 134 (11) (b) of the Act; “tax” means vehicle registration tax. s134(11) 4. An authorised person who wishes to obtain a repayment under section 134 (11) of the Act in respect of a vehicle registered prior to the 1st day of July, 1993, shall– (a) give particulars of the vehicle to the Commissioners on or before the 6th day of September, 1993, in a form specified by them; (b) furnish with the particulars aforesaid such information and documentation concerning the vehicle and its use since its registration as the Commissioners may reasonably require, (and, if the Commissioners specify a form for this purpose, furnish the particulars in that form); 252 ( 1 ) Regulations S.I. No. 252 of 1993 reg 5. (c) keep in a permanent form, approved by the Commissioners, for a period of 6 years from the date of the latest transaction to which the records or any of the documents relate, detailed records of the use to which the vehicle is put and copies of all contracts under which the vehicle is hired to others from the 1st day of July, 1993, to the time at which the application for the repayment is made, and present them to the Commissioners for inspection when the Commissioners so require; (d) apply to the Commissioners for the repayment within 2 weeks after ceasing to use the vehicle solely for hiring to others under short-term self-drive contracts (and, if the Commissioners specify a form for this purpose, make the application in that form) and supply such documentary evidence concerning the vehicle, including records of its use during the period from the 1st day of July, 1993, to the date of the cessation, as the Commissioners shall require; (e) if so requested by the Commissioners, present the vehicle at such office of the Commissioners as they shall nominate, for the purposes of examination. s134(11) 5. An authorised person who wishes to obtain a repayment under section 134(11) of the Act in respect of a vehicle registered on or after the 1st day of July, 1993, shall – (a) declare the particulars of the vehicle to the Commissioners for registration in a form specified by them; (b) at the time of the declaration, give particulars of the vehicle to the Commissioners in a form specified by them; (c) keep in a permanent form, approved by the Commissioners, for a period of 6 years from the date of the latest transaction to which the records or any of the documents relate, detailed records of the use to which the vehicle is put since its registration to the time at which the application for the repayment is made and copies of all contracts under which the vehicle is hired to others and present them to the Commissioners for inspection when the Commissioners so require; (d) apply to the Commissioners for the repayment within 2 weeks after ceasing to use the vehicle solely for hiring to others under short-term self-drive contracts (and, if the Commissioners specify a form for this purpose, make the application in that form) and supply such documentary evidence concerning the vehicle, including records of its use during the period since its registration to the date of the cessation, as the Commissioners shall require; (e) if so requested by the Commissioners, present the vehicle at such office of the Commissioners as they shall nominate, for the purposes of examination. 252 ( 2 ) reg 6. s134(15) S.I. No. 252 of 1993 Regulations 6. An authorised person who wishes to obtain a repayment under section 134 (15) of the Act in respect of a vehicle or motor-cycle in respect of which tax has been paid prior to the coming into operation of these Regulations and which has been used solely for the purposes of demonstration since its registration shall– (a) give particulars of the vehicle or motor-cycle to the Commissioners on or before the 6th day of September, 1993, in a form specified by them; (b) furnish with the particulars aforesaid such information and documentation concerning the vehicle or motor-cycle and its use since its registration as the Commissioners may reasonably require, (and, if the Commissioners specify a form for this purpose, furnish the particulars in that form); (c) keep in a permanent form, approved by the Commissioners, for a period of 6 years from the date of the latest transaction to which the records or any of the documents relate, detailed records of the use of the vehicle or motor-cycle from the 1st day of July, 1993, during the remaining period of its use for demonstration purposes and make such records available to the Commissioners on request; (d) apply to the Commissioners for the repayment within 2 weeks of the disposal of the vehicle or motor-cycle (and, if the Commissioners specify a form for this purpose, make the application in that form) and supply such documentary evidence concerning the vehicle or motor-cycle, including records of its use during the period since the 1st day of July, 1993, to the date of the disposal, as the Commissioners shall require; (e) if so requested by the Commissioners, present the vehicle or motor-cycle at such office of the Commissioners as they shall nominate, for the purposes of examination. s134(15) 7. An authorised person who wishes to obtain a repayment under section 134 (15) of the Act in respect of a vehicle or motor-cycle registered on or after the date of the coming into operation of these Regulations shall – (a) declare the particulars of the vehicle or motor-cycle to the Commissioners for registration and enter the name and address of the authorised person in the section headed “owner particulars” on the form in which the declaration is made; (b) at the time of the declaration, give particulars of the vehicle or motor-cycle to the Commissioners in a form specified by them; (c) keep in a permanent form, approved by the Commissioners, for a period of 6 years from the date of the latest transaction to which the records or any of the documents relate, detailed records of the use of the vehicle or motor-cycle during the period of its use for demonstration purposes and make such records available to the Commissioners on request; (d) apply to the Commissioners for the repayment within 2 weeks of the disposal of the vehicle or motor-cycle (and, if the Commissioners specify a form for this purpose, make the application in that form) and supply such documentary evidence concerning the vehicle or motor-cycle, 252 ( 3 ) Regulations S.I. No. 252 of 1993 including records of its use during the period since its registration, as the Commissioners shall require; (e) if so requested by the Commissioners, present the vehicle or motor-cycle at such office of the Commissioners as they shall nominate, for the purposes of examination. 8. (1) The Vehicle Registration and Taxation Regulations, 1992, (S.I. No. 318 of 1992) are hereby amended (a) in Regulation 7, by the substitution of the following paragraph for paragraph (3): “(3) For the purposes of the registration of a vehicle, an original declaration in relation to the vehicle signed by the person paying tax on the vehicle or, in the case of a company, signed by a person nominated by the company, shall be presented to a registration office together with any other documents the Commissioners may require to satisfy themselves as to the bona fides of the declaration. In the case of an authorised person, the declaration, duly signed pursuant to this paragraph, in respect of the registration of a new vehicle (other than a vehicle in respect of which an application for repayment under section 134 (11) is intended to be made) may be presented by means of a facsimile machine. Where a declaration is presented to a registration office by means of a facsimile machine, the original declaration shall be forwarded to that office by the authorised person concerned not more than 3 working days later.”, (b) in Regulation 11, by the substitution of the following paragraph for paragraph (4): “(4) Upon a change of ownership of a registered vehicle, Part II of the certificate of registration relating to the vehicle shall be sent or given to the new owner and, if the vehicle is not one that is or has been the subject of a licence under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952), either – (a) the person disposing of the vehicle shall insert particulars of the change of ownership on the reverse side of Part I of the certificate, detach that Part from the certificate and send or give it to the Central Vehicle Office of the Commissioners at Rosslare Harbour in the county of Wexford, or (b) if the said Part I has previously been detached from the certificate, the person acquiring the vehicle shall insert particulars of the change of ownership on the reverse side of Part II of the certificate, and send or give it to the said Office.", and (c) by the substitution of the Schedule set out in the Schedule to these Regulations for the Second Schedule. (2) Subparagraphs (b) and (c) of paragraph (1) of this Regulation and the Schedule to these Regulations shall come into operation on the 1st day of October, 1993. 252 ( 4 ) reg 9. S.I. No. 252 of 1993 Regulations 9. The Vehicle Registration and Taxation (No. 2) Regulations, 1992, (S.I. No. 437 of 1992) are hereby amended in Regulation 4 (11) by the substitution of the following subparagraph for subparagraph ( a ): “(a) In this Regulation ‘normal residence’ means the place where a person usually lives, that is to say, where he lives for at least 185 days in each year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties. However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in 2 or more countries shall be regarded as being the place of his personal ties: Provided that such person returns to the place of his personal ties regularly. This proviso shall not apply if the person is living in a country in order to carry out a task of a definite duration. A person who lives in a country primarily for the purposes of attending a school or university or other educational or vocational establishment shall not be regarded as having his normal residence in that country.". 10. Where, as respects any class of person, the Commissioners so allow and subject to any conditions which they may think fit to impose, compliance, in whole or in part, with any of these Regulations shall not be required. 252 ( 5 ) Regulations S.I. No. 252 of 1993 Schedule “Second Schedule” OW N E R PART I DUBLIN CASTLE DOCUMENT NO. VEHICLE REGISTRATION NO. If you sell or transfer the vehicle to someone else PRIOR TO FIRST LICENCING (ROAD TAXING) Part 1 of this document must be completed overleaf, detached and posted (without postage stamp) to the Central Vehicle Office, Freepost, Rosslare Harbour, Co. Wexford. Part II of this document must be handed to the new owner VEHICLE REGISTRATION CERTIFICATE SERIAL NO. VEHICLE REGISTRATION NO. DUBLIN CASTLE Make: Model: This Certificate is issued by the Revenue Commissioners. Officers of the Revenue Commissioners, Members of the Garda Siochana, and Officials of the Colour(s): Body Type: Motor Tax Office may require you to produce the Certificate at any time. YOU ARE REQUIRED BY LAW TO NOTIFY THE REVENUE COMMISSIONERS OF CHANGES TO ANY OF THE DETAILS ON THIS DOCUMENT, AS SOON AS THEY OCCUR. Engine Number: Engine Type: Engine Capacity: Chassis/Frame Number: Number of Windows: Number of Seats: In the event of a change the boxes overleaf should be completed as appropriate. For further information, please telephone your local Vehicle Registration Office or the Central Vehicle Office. AT EACH CHANGE OF OWNERSHIP, Search Code: Statistical Code: Exemption Code: Vehicle Category: THIS DOCUMENT MUST BE HANDED TO THE NEW OWNER. WHERE THE VEHICLE IS SCRAPPED, DESTROYED OR SENT PERMANENTLY OUT OF THE STATE THIS DOCUMENT SHOULD BE Date of Registration: Month and Year of First Registration or Manufacture: POSTED (without postage stamp) TO THE CENTRAL VEHICLE OFFICE, FREEPOST, Document No.: ROSSLARE HARBOUR, CO. WEXFORD. RESTRICTION (if any) ___________________________________ Authorised Official 252 [ 6 ] PART II S.I. No. 252 of 1993 Regulations NOTIFICATION OF CHANGE OF OWNERSHIP NAME AND ADDRESS OF PERSON BUYING OR ACQUIRING THE VEHICLE Surname or Company Name Joint Owner (where applicable). First Name and Surname Address Title (e.g. Mr., Mrs., Ms., Miss, Rev., Dr., etc.) First Name(s) I/We declare that ownership of this vehicle was transferred to the new owner mentioned above on the ................................................ day of .................................................................... 19........... Signature .............................................................................................................. Date ...................................... .................................................................................................................................................................................................................................................... NOTIFICATION OF CHANGES: You must notify changes IMMEDIATELY by completing the appropriate section(s) below in BLOCK CAPITAL LETTERS, signing the DECLARATION and sending this document to the Central Vehicle Office, Freepost, Rosslare Harbour, Co. Wexford. SECTION 1 - CHANGE OF VEHICLE PARTICULARS (if applicable) and date of change DD MM YEAR A. NEW COLOUR (insert new basic colour e.g. red, green, etc.) B. NEW/REPLACEMENT ENGINE NUMBER C. NEW/REPLACEMENT ENGINE CAPACITY E. NEW FUEL (e.g. petrol, diesel, etc.) D. NEW BODY TYPE * F. NEW NUMBER OF WINDOWS * G. NEW NUMBER OF SEATS * * Declaration Form VRT 6, obtainable from your local Vehicle Registration Office, must also be completed when a change of Tax Category takes place. SECTION 2 - VEHICLE SCRAPPED, DESTROYED OR SENT PERMANENTLY OUT OF THE STATE (if applicable) Please tick the appropriate box scrapped/ destroyed ü sent out of the State ü and give the date applicable: DD MM YEAR SECTION 3 - NOTIFICATION OF CHANGE OF OWNERSHIP - To be completed by the buyer only where change takes place before the vehicle is first licensed for road use. You must send this document to the Central Vehicle Office, Freepost, Rosslare Harbour, Co. Wexford. A new certificate will be issued to you. Surname or Company Name Joint Owner (where applicable). First Name and Surname Address Title (e.g. Mr., Mrs., Ms., Miss, Rev., Dr., etc.) First Name(s) DECLARATION I/We declare that I/we have checked the information given on this form and that to the best of my/our knowledge it is correct. Signature Date ANY PERSON WHO ALTERS THE PARTICULARS ON THE FRONT OF THIS CERTIFICATE INCURS HEAVY PENALTIES WARNING: ROAD TAX LIABILITY GENERALLY COMMENCES FROM THE DATE OF REGISTRATION. PLEASE CONTACT YOUR LOCAL MOTOR TAX OFFICE FOR FURTHER INFORMATION. 252 [ 7 ] Regulations S.I. No. 252 of 1993 GIVEN this 26th day of August, 1993. C. C. MacDOMHNAILL, Revenue Commissioner. 252 ( 8 ) reg 9. reg 9. S.I. No. 252 of 1993 Regulations 252 ( 9 ) Regulations S.I. No. 154 of 1995 S.I. No. 154 of 1995 STATUTORY INSTRUMENTS. S.I. No. 154 of 1995. ___________________ VEHICLE REGISTRATION TAX (REPAYMENTS IN CERTAIN CASES) REGULATIONS, 1995. reg 1. S.I. No. 154 of 1995 Regulations S.I. No. 154 of 1995 VEHICLE REGISTRATION TAX (REPAYMENTS IN CERTAIN CASES) REGULATIONS, 1995. Notes These Regulations, which came into effect on 1 July, 1995 and expired on 31 December, 1997, laid down the conditions governing the issue of certificates of destruction and the issue of repayments under the provisions of section 135B of the Finance Act, 1992, inserted by section 98 of the Finance Act, 1995. Provision was made to repay £1,000 of vehicle registration tax to any person who became the registered owner of a new category A vehicle and who had owned and scrapped a category A vehicle which was at least 10 years old. s135B s141(2)(s) The Revenue Commissioners, in exercise of the powers conferred on them by section 141 of the Finance Act, 1992 (No. 9 of 1992), as amended by section 14 of the Finance (No. 2) Act, 1992 (No. 28 of 1992), section 56 of the Finance Act, 1993, (No. 13 of 1993) and section 98 of the Finance Act, 1995 (No. 8 of 1995), hereby make the following Regulations: 1. These Regulations may be cited as the Vehicle Registration Tax (Repayment in Certain Cases) Regulations 1995. 2. These Regulations shall apply to a new category Avehicle to which the principal section relates. 3. (1) In these Regulations – “the Act of 1992" means the Finance Act, 1992 (No. 9 of 1992); “approved person” means a person approved by the Commissioners to issue certificates of destruction in accordance with the provisions of Regulation 6; s130 “category A vehicle” has the meaning assigned to it by Chapter IV of Part II of the Act of 1992; “certificate of destruction” means a form provided by the Commissioners on which an approved person may certify that a vehicle has been scrapped; s130 s130 s135B(5) “the Commissioners” means the Revenue Commissioners; “licensing authority” has the meaning assigned to it by Chapter IV of Part II of the Act of 1992; “new” and “scrapped” have the meanings assigned to them, respectively, by subsection (5) of the principal section and cognate words shall be construed accordingly; “officer” means an officer of the Commissioners; s135B “the principal section” means section 135B (inserted by section 98 of the Finance Act, 1995 (No. 8 of 1995) ) of the Act of 1992. 154 ( 1 ) Regulations S.I. No. 154 of 1995 (2) In these Regulations (a) a reference to a regulation is to a regulation of these Regulations, and (b) a reference to a paragraph is to a paragraph of the provision in which it occurs, unless it is indicated that reference to some other provision is intended. s135B(1),(2) 4. A person who wishes to apply to the Commissioners for the repayment of vehicle registration tax provided for in the principal section shall – (a) complete such form as is issued to him or her for that purpose by the Commissioners, (b) certify the particulars shown on that form to be correct, and (c) furnish with the completed form the following documents in respect of the scrapped vehicle– (i) a certificate of destruction completed by an approved person, (ii) the registration book appropriate to the vehicle, (iii) the licence under section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952), appropriate to the vehicle which was in force on the date that the vehicle was scrapped. (iv) the insurance disc within the meaning of the Road Traffic (Insurance Disc) Regulations, 1984 (S.I. No. 355 of 1984), appropriate to the vehicle, (v) a certificate of insurance, within the meaning of subsection (1) of section 56 of the Road Traffic Act, 1961 (No. 24 of 1961), which was current immediately prior to the scrapping of the vehicle and such other evidence to the satisfaction of the Commissioners showing that the provisions of the principal section relating to insurance have been complied with: Provided that a certificate of insurance will not be required in the case of an exempted person within the meaning of section 60 (inserted by section 54 of the Road Traffic Act, 1968) of the Road Traffic Act, 1961. 5. For the purposes of paragraph (c) of subsection (1) of the principal section, it shall be taken as showing to the satisfaction of the Commissioners that a vehicle has been scrapped where a person produces to the Commissioners a certificate of destruction issued by an approved person in respect of the said vehicle. 6. (1) Any person who wishes to be approved by the Commissioners to issue certificates of destruction shall – (a) apply in writing to the Commissioners to be so approved, (b) furnish such information and allow such inspection of premises as the Commissioners may require in order to satisfy themselves that that person is equipped to scrap vehicles in such a manner that such scrapped vehicles comply with the definition in subsection (5) of the principal 154 ( 2 ) reg 4. S.I. No. 154 of 1995 Regulations (c) undertake to keep at the premises where scrapping is to take place (in this Regulation referred to as an “approved place”), or at such other place as the Commissioners may allow, all books, records, invoices, accounts and other documents relating to the receipt, storage and scrapping of vehicles. (2) Where the Commissioners are satisfied that a person who has applied to them for approval under paragraph (1) meets the criteria set out in subparagraphs (b) and (c) of that paragraph they shall grant such approval subject to the following conditions: (a) the approved person shall keep at the approved place, or such other place as the C ommissioners may allow, a record showing in respect of each vehicle to be scrapped – (i) the date of receipt of the vehicle by the approved person, (ii) the registration number, (iii) the chassis number, (iv) the engine number, (v) the name and address of the registered owner, (vi) the date of scrapping, and (vii) how the scrapped vehicle was disposed of; (b) entries in the record referred to in paragraph (a) shall be made by or under the direction of the approved person before the certificate of destruction to which such entries relate is issued by that approved person; (c) an approved person shall retain the record referred to in paragraph (a) for a period of at least 12 months from the date of the last entry therein and shall allow an officer at all reasonable times to inspect and take copies of, or extracts from, the record; (d) an approved person shall keep a stock account of all certificate of destruction forms provided to him or her by the Commissioners, store them in a safe and secure place and account for their disposal to the satisfaction of the Commissioners; (e) an approved person shall keep at the approved place a true copy of each certificate of destruction issued by him or her and shall produce such copies to an officer when so requested by that officer; (f) an approved person shall provide, to the satisfaction of the Commissioners, safe means of access to the approved premises for officers. GIVEN this 16th day of June, 1995. D. B. QUIGLEY, Revenue Commissioner. 154 ( 3 ) Regulations S.I. No. 432 of 1999 S.I. No. 432 of 1999 STATUTORY INSTRUMENTS. S.I. No. 432 of 1999. ___________________ VEHICLE REGISTRATION AND TAXATION (AMENDMENT) REGULATIONS, 1999. reg 1. S.I. No. 432 of 1999 Regulations S.I. NO. 432 OF 1999 VEHICLE REGISTRATION AND TAXATION (AMENDMENT) REGULATIONS, 1999. Notes These regulations prescribe the format, dimensions and technical specifications of registration plates to be displayed on vehicles. They substitute the First Schedule of the Vehicle Registration and Taxation Regulations, 1992 (S.I. No. 318 of 1992) to allow additional characters to be displayed on the registration plate and to ensure that these are displayed in the correct position and proportion. The changes were necessary to cater for increases in the number of car registrations. The Revenue Commissioners, in exercise of the powers conferred on them by section 141(1) of the Finance Act, 1992 (No. 9 of 1992), hereby make the following regulations. 1. These Regulations may be cited as the Vehicle Registration and Taxation (Amendment) Regulations, 1999. 2. The Vehicle Registration and Taxation Regulations, 1992 (S.I. No. 318 of 1992), are hereby amended by the substitution for the First Schedule of the Following Schedule: “ FIRST SCHEDULE Form of Identification Marks 1. The following provisions shall be complied with in respect of identification marks to be exhibited on vehicles entered in the register. 2. The identification mark of a vehicle shall be displayed on a rectangular plate which shall correspond with either Diagram No. 1 or Diagram No. 2 shown below. BAILE ÁTHA CLIATH 99-D-123456 Diagram No. 1 BAILE ÁTHA CLIATH IRL 99-D 123456 Diagram No. 2 432 ( 1 ) Regulations S.I. No. 432 of 1999 reg 2. 3. (a) The plate on which an identification mark is exhibited (in this Schedule referred to as “the plate”) shall not contain any words, letters, numbers, emblems or other marks of any kind other than those required under this Schedule. (b) The identification mark shall not incorporate the figure nought unless such figure forms part of the identification mark assigned to the vehicle by the Commissioners. 4. The plate shall exhibit the placename set out in the Table to this paragraph opposite the mention in the Table of the index mark on the plate, the flag of the European Communities and the letters IRL all of which shall be arranged in conformity with this Schedule. TABLE INDEX MARKS AND CORRESPONDING PLACENAMES Index Corresponding Mark Placename Index Corresponding Mark Placename Index Mark Corresponding Placename CW CN CE C D DL G KY KE KK L LS LM LK LD LH MO MH MN OY RN SO TN TS W WD WH WX WW Ros Comáin Sligeach Tiobraid Arann Tiobraid Arann Port Láirge Port Láirge An Iarmhí Loch Garman Cill Mhantáin Ceatharlach An Cabhán An Clár Corcaigh Baile Atha Cliath Dún na nGall Gaillimh Ciarraí Cill Dara Cill Chainnigh Luimneach Laois Liatroim Luimneach An Longfort Lú Maigh Eo An Mhí Muineachán Uibh Fhailí 5. The periphery of the plate shall be marked all around by a black border having a stroke width of 5 millimetres and the plate shall be made of metal or plastic. 6. An identification mark which is exhibited on a metal plate shall be embossed by being raised above the flat surface of the plate and shall form part of the plate. 7. An identification mark which is exhibited on a plastic plate shall be affixed with an adhesive substance to the rear of the plate and be so affixed that it cannot be readily detached therefrom. 8. A plate made of plastic shall be constructed of transparent material of at least 2.5 millimetres in thickness. 9. The identification mark and placename shall be formed of black characters and shall be exhibited on white reflex reflective material so that the identification mark appears at all times from the front of the plate as black characters on a white background. 432 ( 2 ) reg 2. S.I. No. 432 of 1999 Regulations 10. The flag of the European Communities shall appear as a circle of twelve gold stars against a blue background (of a colour shade generally known as royal blue); the centrepoints of the twelve stars shall form a circle with a radius of 15 millimetres and the straight lines forming the apexes of the stars shall be 4 millimetres in length. 11. The letters IRL shall appear in white letters on the blue background of the flag of the European Communities underneath the circle of stars and each such letter shall have a height of 20 millimetres and a stroke width of 4 millimetres. The total width of the space taken by each of the letters R and L shall be 12 millimetres. The distances between adjoining letters shall be uniform. 12. The blue background and gold stars of the flag of the European Communities and the white letters IRL shall be formed of reflex reflective material. 13. The placename shall appear in black letters above the identification mark and each letter of the placename shall have a height of not less than 12 millimetres and a stroke width of not less than 3 millimetres. The total width of the space taken by each letter (other than the letter I) shall be not less than 9 millimetres. Where an accented vowel occurs in the placename the length accent character shall have a height of 2 millimetres above the letter. The distances between the nearest parts of adjoining letters shall be uniform. Where the placename comprises more than one word the distances between the nearest letters of adjoining words shall be uniform and not less than three times the distance between adjoining letters. 14. The identification mark shall appear in black characters and each letter or figure shall have a height of 70 millimetres and a stroke width of 10 millimetres. The total width of the space taken by each letter or figure (other than the letter “I” or the number “1”) shall be not less than 36 millimetres and not more than 50 millimetres. The distances between adjoining letters and adjoining figures shall be uniform and shall be not less than 8 millimetres. 15. The distance between the inner edge of the blue background of the flag of the European Communities and the first letter of the placename shall be equal to the distance between the last letter of the placename and the inner edge of the black border on the right-hand side of the plate and shall be not less than 8 millimetres. 16. In the case of an identification mark which is exhibited on a plate in conformity with Diagram No. 1 shown in paragraph 2 of this Schedule– (a) the external size of the plate shall be 520 millimetres in width and 110 millimetres in height; (b) the blue background of the flag of the European Communities shall extend vertically from the inner edge of the black border at the top of the plate to the inner edge of the black border at the bottom of the plate and shall extend horizontally for a distance of 40 millimetres from the inner edge of the black border on the left-hand side of the plate; (c) the distance between the inner edge of the blue background of the flag of the European Communities and the first figure of the identification mark shall be equal to the distance between the last figure of the identification 432 ( 3 ) Regulations S.I. No. 432 of 1999 reg 2. mark and the inner edge of the black border on the right-hand side of the plate and shall be not less than 8 millimetres; (d) the index mark shall be separated from adjoining figures on each side of the index mark by a hyphen with a stroke width of 10 millimetres which shall extend horizontally for a distance of not less than 13 millimetres and not more than 22 millimetres; the distances between each hyphen and the nearest part of any adjoining letter or figure shall be uniform and shall be not less than 10 millimetres; (e) the margin between the inner edge of the black border at the top of the plate and the nearest part of any letter in the placename (excluding any length accent) shall be 5 millimetres in height; (f) the space between the nearest part of any letter of the placename and any letter or figure of the identification mark shall be not less than 4 millimetres in height; (g) the space between the nearest part of any letter or figure of the identification mark and the inner edge of the black border at the bottom of the plate shall be not less than 8 millimetres in height. 17. In the case of an identification mark which is exhibited on a plate in conformity with Diagram No. 2 shown in paragraph 2 of this Schedule(a) the external size of the plate shall be 340 millimetres in width and 220 millimetres in height; (b) the blue background of the flag of the European Communities shall be located at the top left-hand corner of the plate and shall extend vertically downwards from the inner edge of the black border at the top of the plate for a distance of 100 millimetres and shall extend horizontally from the inner edge of the black border at the left-hand side of the plate for a distance of 40 millimetres; (c) the distance between the inner edge of the blue background of the flag of the European Communities and the first figure of the identification mark shall be equal to the distance between the last letter of the index mark and the inner edge of the black border on the right-hand side of the plate; (d) the index mark shall be separated from the figures on the upper line of the identification mark by a hypen with a stroke width of 10 millimeters which shall extend horizontally for a distance of 22 millimetres; the distance between the hypen and the nearest part of any adjoining letter or figure shall be uniform and shall be not less than 10 millimetres; (e) the distance between the inner edge of the black border at the left-hand side of the plate and the nearest figure on the lower line of the identification mark shall be equal to the distance between the last figure on that line and the inner edge of the black border at the right-hand side of the plate and shall be not less than 30 millimetres; (f) the margin between the inner edge of the black border at the top of the plate and the nearest part of any letter in the placename (excluding any length accent) shall be 12 millimetres in height; 432 ( 4 ) reg 2. S.I. No. 432 of 1999 Regulations (g) the space between the nearest part of any letter of the placename and the nearest part of any character in the upper line of the identification mark shall be not less than 12 millimetres in height; (h) the space between the upper and lower line of the identification mark shall be not less than 12 millimetres in height; (i) the margin between the lower line of the identification mark and the inner edge of the black border at the bottom of the plate shall be not less than 12 millimetres in height. 18. In the case of an identification mark exhibited on a bicycle, an invalid carriage or a pedestrian-controlled vehicle:(a) any of the dimensions prescribed in paragraph 5, 10, 11, 13, 14, 15, 16 or 17 of this Schedule may be reduced to an amount which is not less than half of the amount so prescribed, and (b) the plate need not be rectangular provided that the letters and figures thereon comply as nearly as possible with the arrangement shown in Diagram No. 1 or Diagram No. 2 in paragraph 2 of this Schedule or as described in paragraph 19 of this Schedule, as the case may be. 19. In the case of a bicycle, an invalid carriage or a pedestrian-controlled vehicle on which an identification mark is displayed on a plate generally of the type shown in the said Diagram No. 2, if the dimensions of the identification mark or plate are reduced in accordance with paragraph 18 of this Schedule, the identification mark or plate shall not be held to be in contravention of this Schedule solely because:(a) the flag of the European Communities is at the bottom left-hand corner of the plate, and (b) part of the placename is above the flag of the European Communities. 20. In the case of a vehicle which is provided with an indented space to accommodate a registration plate and the size of the space is such that it can accommodate neither a plate of the dimensions prescribed in paragraph 16 (a) of this Schedule nor a plate of the dimensions prescribed in paragraph 17(a) of this Schedule, the dimensions prescribed in paragraphs 5, 10, 11, 13, 14, 15, 16 or 17 of this Schedule may be reduced provided that the dimensions as so reduced comply as nearly as possible with the dimensions so prescribed. 21. An identification mark or plate shall not be held to be in contravention of this Schedule by reason only of failure to comply with the dimensions prescribed in this Schedule provided that:(a) in the case of a prescribed dimension which is 70 millimetres or less, the difference between the dimension of the identification mark or plate and the prescribed dimensions is not greater than 1 millimetre, and (b) in the case of a prescribed dimension which is greater than 70 millimetres, the difference between the dimension of the identification mark or plate and the prescribed dimension is not greater than 3 millimetres. 432 ( 5 ) Regulations S.I. No. 432 of 1999 reg 2. 22. The provisions of paragraphs 2 to 21 of this Schedule shall not apply in the case of a large public service vehicle (within the meaning of the Road Traffic Act, 1961 (No. 24 of 1961)) on which an identification mark is so constructed and used that it is illuminated by transparency or translucency and in such a case the characters of the identification mark shall appear white when the mark is so illuminated and shall appear at all other times white against a black background. 23. The provisions of this Schedule shall be deemed to be complied with in relation to an identification mark which incorporates the index mark ZV if the identification mark exhibited on the vehicle complies with the provisions of Part 1 of the Third Schedule to the Road Vehicles (Registration and Licensing) Regulations, 1982 (S.I. No. 311 of 1982).” GIVEN under my hand this 22nd day of December, 1999. JOSEPHINE FEEHILY Revenue Commissioner. 432 ( 6 ) S.I. No. 432 of 1999 Regulations 432 ( 7 ) Regulations S.I. No. 212 of 2001 S.I. No. 212 of 2001 ORDER entitled Finance Act, 2001 (Commencement of Section 169) Order, 2001. _________________ Made by the Minister for Finance. S.I. No. 212 of 2001 Regulations S.I. No. 212 of 2001 Finance Act, 2001 (Commencement of Section 169) Order, 2001. I, Charlie McCreevy, Minister for Finance, in the exercise of the powers conferred on me by section 169(2) of the Finance Act, 2001 (No. 7 of 2001), hereby order as follows: 1. This Order may be cited as the Finance Act, 2001 (Commencement of Section 169) Order, 2001. 2. The 1st day of July, 2001, is appointed as the day on which section 169 of the Finance Act, 2001 (No. 7 of 2001) comes into operation. Given under my Official Seal, 16th May 2001. Charlie McCreevy Minister for Finance. Pn. 9985 Price: £0.40/£0.51 212 ( 1 ) Regulations S.I. No. 212 of 2001 EXPLANATORY NOTE (This note is not part of the instrument and does not purport to be a legal interpretation). This Order appoints 1 July, 2001 as the date for coming into operation of the provisions of section 169 of the Finance Act, 2001. This section amends the definitions of “category B vehicle” and “crew cab” in section 130 of the Finance Act, 1992 in order to revise the measurement criteria used to classify certain vehicles into the various categories that determine the rate of vehicle registration tax to be paid. 212 ( 2 ) S.I. No. 212 of 2001 Regulations 212 ( 3 ) Regulations S.I. No. 464 of 2002 S.I. No. 464 of 2002 ORDER entitled Taxes (Electronic Transmission of Vehicle Registration Returns) (Specified Provisions and Appointed Day) Order 2002 _________________ S.I. No. 464 of 2002 Regulations S.I. No. 464 of 2002 Taxes (Electronic Transmission of Vehicle Registration Returns) (Specified Provisions and Appointed Day) Order 2002. The Revenue Commissioners, in exercise of the powers conferred on them by section 917E (inserted by section 209 of the Finance Act 1999 (No. 2 of 1999)) of the Taxes Consolidation Act 1997 (No. 39 of 1997), order as follows: 1. This Order may be cited as the Taxes (Electronic Transmission of Vehicle Registration Returns)(Specified Provisions and Appointed Day) Order 2002. 2. Each of the Provisions set out in the schedule to this Order is specified for the purpose of Chapter 6 of Part 38 of the Taxes Consolidation Act 1997. 3. The 4th day of October 2002 is appointed in relation to returns to be made under the provisions specified in Article 2 of this Order. Schedule Section 131(2)(a) of the Finance Act 1992 (No. 9 of 1992). Section 133(2)(a) of the Finance Act 1992. Regulation 13(2) of the Vehicle Registration and Taxation Regulations 1992 (S.I. No. 318 of 1992). Regulation 15 of the Vehicle Registration and Taxation Regulations 1992. GIVEN under my hand, 1 October 2002. Josephine Feehily, Revenue Commissioner. 464 ( 1 ) Regulations S.I. No. 464 of 2002 EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) This order – · applies the legislation governing the electronic filing of tax information to returns of vehicle registration information, and · appoints a day, namely, 4 October 2002, in relation to such returns, which ensures that the electronic filing legislation applies to vehicle registration returns which are due to be filed on or after 5 October 2002. Chapter 6 of Part 38 of the Taxes Consolidation Act 1997 provides the legislative framework whereby tax related information required by law to be provided to the Revenue Commissioners may be supplied electronically. The legislation only applies to information where the provision under which the information is supplied is specified in an order made by the Revenue Commissioners. Where a provision is so specified the legislation applies to information supplied under that provision after the day appointed in the order in relation to the provision concerned. The reason for this procedure is to allow the Revenue Commissioners to manage the roll-out of the system for receiving tax related information electronically. The system will be extended to further informational items as the necessary developmental work in relation to the electronic receipt of particular items is completed. 464 ( 2 ) reg 1. S.I. No. 464 of 2002 Regulations 464 ( 3 ) Regulations S.I. No. 172 of 2003 S.I. No. 172 of 2003 ORDER entitled Finance Act 2003 (Section 104) (Commencement) Order 2003. _________________ S.I. No. 172 of 2003 Regulations S.I. No. 172 of 2003 Finance Act 2003 (Section 104) (Commencement) Order 2003. I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by Section 104 of the Finance Act 2003 (No. 3 of 2003), hereby order as follows: 1. This order may be cited as the Finance Act 2003 (Section 104) (Commencement) Order 2003. 2. The 1st day of May 2003 is appointed as the day on which section 104 of the Finance Act 2003 (No. 3 of 2003) comes into operation. GIVEN under my Official Seal, 30th April 2003. Charlie McCreevy, Minister for Finance. 172 ( 1 ) Regulations S.I. No. 172 of 2003 EXPLANATORY NOTE (This note is not part of the instrument and does not purport to be a legal interpretation.) This order appoints the 1st day of May 2003 as the date for coming into operation of section 104 of the Finance Act 2003. As a consequence: The Vehicle Registration Tax repayment scheme for demonstration models is repealed. 172 ( 2 ) S.I. No. 172 of 2003 Regulations 172 ( 3 ) Regulations S.I. No. 247 of 2003 S.I. No. 247 of 2003 ORDER entitled Finance Act 2003 (Section 101) (Commencement) Order 2003. __________________ Regulations S.I. No. 247 of 2003 S.I. No. 247 of 2003 Finance Act 2003 (Section 101) (Commencement) Order 2003. I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by Section 101 of the Finance Act 2003 (No. 3 of 2003), hereby order as follows: 1. This order may be cited as the Finance Act 2003 (Section 101) (Commencement) Order 2003. 2. The 1st day of July 2003 is appointed as the day on which Section 101 of the Finance Act 2003 (No. 3 of 2003) comes into operation. GIVEN under my Official Seal, 18th June 2003. Charlie McCreevy, Minister for Finance. 247 ( 1 ) Regulations S.I. No. 247 of 2003 EXPLANATORY NOTE (This note is not part of the instrument and does not purport to be a legal interpretation.) This order appoints the 1st day of July 2003 as the date for coming into operation of section 101 of the Finance Act 2003. As a consequence: the definition of “Category B vehicle” in section 130 of Finance Act 1992 (amended by section 169 of the Finance Act 2001) is amended for Vehicle Registration Tax purposes by: 1. The insertion of revised measurement criteria for the determination of the classification of a “crew cab” vehicle. 2. The insertion of a definition of a “pick-up” vehicle. 3. The exclusion of a “pick-up” vehicle from category B. 247 ( 2 ) S.I. No. 247 of 2003 Regulations 247 ( 3 ) Regulations S.I. No. 249 of 2003 S.I. No. 249 of 2003 STATUTORY INSTRUMENT entitled Vehicle Registration Tax Regulations 2003. __________________ S.I. No. 249 of 2003 Regulations S.I. No. 249 of 2003 Vehicle Registration Tax Regulations 2003 The Revenue Commissioners, in exercise of the powers conferred on them by section 141 Finance Act 1992 (No.9 of 1992) as amended by section 106 Finance Act 2003 (No.3 of 2003), hereby make the following Regulations: 1. These Regulations may be cited as the Vehicle Registration Tax Regulations 2003. 2. These Regulations come into operation on 1 July 2003. 3. In these Regulations – “Act of 1992” means the Finance Act 1992 (No.9 of 1992); “Act of 2003” means the Finance Act 2003 (No.3 of 2003); “innermost” means that point of a closed rear door or closed tailgate closest to the outermost point of a partition; “outermost” means that point of a partition closest to the rear of a vehicle; “partition” means a permanent rigid structure which completely separates the passenger cab from the goods area of a crew cab or pick-up. 4. (1) The partition in a crew cab or pick-up shall be of strong rigid material containing no openings, cut-outs or incisions. (2) For the purposes of – (a) paragraph (i) of the definition of “crew cab” (inserted by paragraph (b) of section 101(1) of the Act of 2003) in section 130 of the Act of 1992, and (b) paragraph (i) of the definition of “pick-up” (inserted by paragraph (c) of section 101(1) of the Act of 2003) in section 130 of the Act of 1992, the partition in a crew cab or pick-up shall be fixed permanently to the sides, floor and roof of the vehicle by means of continuous seam welding, adhesive bonding, spot welding or brazing, and – (i) in the case of adhesive bonding, the bonding agent shall be of sufficient strength to bond the partition to the vehicle in order to provide the requisite level of completeness, permanency and rigidity, and (ii) in the case of spot welding, the welds shall be sufficiently close to each other to ensure a satisfactory seal, being not normally more than 40 millimetres apart. 249 ( 1 ) Regulations 5. S.I. No. 249 of 2003 (1) For the purposes of this Regulation – “partition reference point” means the point where a vertical line tangential to the outermost point of the partition meets the goods floor: “rear reference point” means – (a) where there is a rear door or tailgate, the point where a vertical line tangential to the innermost point of the closed rear door or closed tailgate meets the goods floor and the point is located where the floor is generally level (whether or not corrugated or ribbed) and of consistent width, (b) where there is a rear door and tailgate or 2 individual rear doors, the point where a vertical line tangential to the innermost point of the closed rear door or closed tailgate nearest the partition meets the goods floor and the point is located where the floor is generally level (whether or not corrugated or ribbed) and of consistent width, and (c) where there is no rear door or tailgate, the furthest point from the partition reference point, on the rear of the permanent goods floor, excluding any moveable extensions or additions and the point is located where the floor is generally level (whether or not corrugated or ribbed) and of consistent width. (2) For the purposes of – (a) paragraph (ii) of the definition of “crew cab” (inserted by paragraph (b) of section 101(1) of the Act of 2003, and (b) paragraph (ii) of the definition of “pick-up” (inserted by paragraph (c) of section 101(1) of the Act of 2003) in section 130 of the Act of 1992, the floor length of the goods floor in a crew cab or pick-up is the linear measurement of the distance in a straight perpendicular line between – (i) a straight horizontal line taken through the partition reference point connecting 2 sides, walls or chassis sides of the vehicle, and (ii) a straight horizontal parallel line taken through the rear reference point connecting 2 sides, walls or chassis sides of the vehicle. Given on 23 June 2003. Josephine Feehily. Revenue Commissioner. 249 ( 2 ) Regulations S.I. No. 249 of 2003 EXPLANATORY MEMORANDUM (This note is not part of the instrument and does not purport to be a legal interpretation.) These Regulations prescribe the criteria for the permanent fixing of the rigid partition in crew cab and pick-up vehicles. They also prescribe the manner in which the cargo area of such vehicles is measured. 249 ( 3 ) Regulations S.I. No. 232 of 2004 S.I. No. 232 of 2004 ORDER entitled Finance Act 2003 (Section 102) (Commencement) Order 2004. __________________ Regulations S.I. No. 232 of 2004 S.I. No. 232 of 2004 Finance Act 2003 (Section 102) (Commencement) Order 2004. I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by section 102 of the Finance Act 2003 (No. 3 of 2003), hereby order as follows: 1. This order may be cited as the Finance Act 2003 (Section 102) (Commencement) Order 2004. 2. The 28th day of May 2004 is appointed as the day on which section 102 of the Finance Act 2003 comes into operation. GIVEN under my Official Seal, 26th May 2004. Charlie McCreevy, Minister for Finance. 232 ( 1 ) Regulations S.I. No. 232 of 2004 EXPLANATORY NOTE. (This note is not part of the instrument and does not purport to be a legal interpretation.) This order appoints the 28th day of May 2004 as the date for coming into operation of Section 102 of the Finance Act 2003. As a consequence: A single registration certificate will be issued by the Department of the Environment, Heritage and Local Government, incorporating both the Vehicle Registration Certificate issued by the Revenue Commissioners and the Vehicle Licensing Certificate issued by the Department of the Environment, Heritage and Local Government. The new single vehicle registration/licensing certificate will be known as the Registration Certificate. 232 ( 2 ) S.I. No. 232 of 2004 Regulations 232 ( 3 ) Regulations S.I. No. 407 of 2004 S.I. No. 407 of 2004 ORDER entitled Finance Act 2004 (Section 52) (Commencement) Order 2004. __________________ S.I. No. 407 of 2004 Regulations S.I. No. 407 of 2004 Finance Act 2004 (Section 52) (Commencement) Order 2004. I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by section 52(2) of the Finance Act 2004 (No. 8 of 2004), hereby order as follows: (1) This order may be cited as the Finance Act 2004 (Section 52)(Commencement) Order 2004. (2) The 30th day of June 2004 is appointed as the day on which section 52 of the Finance Act 2004 (No. 8 of 2004) comes into operation. GIVEN under my Official Seal, 29th June 2004. Charlie McCreevy Minister for Finance. 407 ( 1 ) Regulations S.I. No. 407 of 2004 EXPLANATORY NOTE. (This note is not part of the instrument and does not purport to be a legal interpretation.) This order appoints the 30th day of June 2004 as the date for coming into operation of section 52 of the Finance Act 2004. As a consequence: Section 6 of the Roads Act 1920 (as amended by section 131 of the Finance Act 1992) is amended by deleting the requirement to present, at the time of first licensing of a vehicle, a vehicle registration certificate or other evidence as the Ministers for Finance or Environment, Heritage and Local Government require as proof that the vehicle has been registered by the Revenue Commissioners. This amendment arises because of the introduction of a combined registration/licensing certificate where an electronic transfer of registration data from Revenue to the licensing authority is evidence that a vehicle has been registered. 407 ( 2 ) S.I. No. 407 of 2004 Regulations 407 ( 3 ) Regulations S.I. No. 408 of 2004 S.I. No. 408 of 2004 ORDER entitled Finance Act 2004 (Section 53(1)(a)(i)) (Commencement) Order 2004. __________________ S.I. No. 408 of 2004 Regulations S.I. No. 408 of 2004 Finance Act 2004 (Section 53(1)(a)(i))(Commencement) Order 2004. I, Charlie McCreevy, Minister for Finance, in exercise of the powers conferred on me by section 53(2) of the Finance Act 2004 (No. 8 of 2004), hereby order as follows: 1. This Order may be cited as the Finance Act 2004 (Section 53(1)(a)(i)) (Commencement) Order 2004. 2. The 30th day of June 2004 is appointed as the day on which section 53(1)(a)(i) of the Finance Act 2004 (No. 8 of 2004) comes into operation. GIVEN under my Official Seal, 29th June 2004. Charlie McCreevy Minister for Finance. 408 ( 1 ) Regulations S.I. No. 408 of 2004 EXPLANATORY NOTE (This note is not part of the instrument and does not purport to be a legal interpretation.) This Order appoints the 30th day of June 2004 as the date for coming into operation of section 53(1)(a)(i) of the Finance Act 2004. As a consequence: The authority of the Revenue Commissioners to prescribe the form and contents of vehicle registration certificates is removed. The registration certificate has been replaced by a combined registration/licensing certificate which is prescribed by EC Directive and is issued by the Department of the Environment, Heritage and Local Government. 408 ( 2 ) STATUTORY INSTRUMENTS. S.I. No. 576 of 2007 ———————— VEHICLE REGISTRATION AND TAXATION (AMENDMENT) REGULATIONS 2007 (Prn. A7/1518) 2 [576] S.I. No. 576 of 2007 VEHICLE REGISTRATION AND TAXATION (AMENDMENT) REGULATIONS 2007 The Revenue Commissioners, in exercise of the powers conferred on them by section 141 of the Finance Act 1992 (No. 9 of 1992), hereby make the following regulations: 1. These Regulations may be cited as the Vehicle Registration and Taxation (Amendment) Regulations 2007. 2. Regulation 14 of the Vehicle Registration and Taxation Regulations 1992 (S.I. No. 318 of 1992) is amended— (a) by substituting the following for paragraph (3): “(3) The Commissioners shall grant an authorisation under section 136 of the Act only to a person who— (a) intends to be actively engaged in a business referred to in subsection (1) of that section at premises occupied by the person and at which such business may legally be carried on, (b) is registered under section 9 of the Value-Added Tax Act 1972 for the purpose of carrying on a business referred to in subsection (1) of that section, and (c) is, at the time of application for the authorisation, the holder of a current tax clearance certificate issued in accordance with section 1095 of the Taxes Consolidation Act 1997.”, and (b) by inserting the following after paragraph (3): “(4) For the purposes of subsection (3) of section 136 of the Act, reasonable causes in respect of which the Commissioners may, in accordance with that subsection, revoke an authorisation include the following: (a) the authorised person ceases to be actively engaged in the business referred to in section 136(1) of the Act or such business has not, within a reasonable period, commenced, (b) the authorised person fails to produce a current tax clearance certificate, issued in accordance with section 1095 of the Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 14th August, 2007. [576] 3 Taxes Consolidation Act 1997, if requested to do so by the Commissioners, or (c) records relating to the business are not kept as prescribed by the Commissioners in Regulation 17.”. GIVEN this 7th day of August 2007. JOSEPHINE FEEHILY, Revenue Commissioner. 4 [576] EXPLANATORY NOTE (This note is not part of the instrument and does not purport to be a legal interpretation.) These Regulations allow the Revenue Commissioners to request a current tax clearance certificate from applicants who are seeking an authorisation under section 136 of the Finance Act 1992. They also specify some of the cases where, in accordance with section 136(3) of the Finance Act 1992, the Revenue Commissioners may withdraw an existing authorisation under section 136 of that Act. These include cases where the authorised person fails to produce a tax clearance certificate when requested by the Revenue Commissioners, is not actively engaged in the businesses outlined in section 136(1) of the Finance Act 1992 or does not keep records relating to the business in accordance with Regulation 17. STATUTORY INSTRUMENTS. S.I. No. 396 of 2008 ———————— VEHICLE REGISTRATION AND TAXATION (AMENDMENT) REGULATIONS 2008 (Prn. A8/1577) 2 [396] S.I. No. 396 of 2008 VEHICLE REGISTRATION AND TAXATION (AMENDMENT) REGULATIONS 2008 The Revenue Commissioners, in exercise of the powers conferred on them by section 141 of the Finance Act (No. 9 of 1992), hereby make the following regulations: 1. These Regulations may be cited as the Vehicle Registration and Taxation (Amendment) Regulations 2008. 2. Regulation 6, of the Vehicle Registration and Taxation (No. 2) Regulations 1992 (S.I. No. 437 of 1992) is amended— (a) by substituting the following for paragraph (2): “(2) A fee of \1,000 is prescribed for the purpose of section 131 (5A) of the Act”. and (b) by inserting the following paragraph after paragraph (3): “(4) (a) The mark assigned to a vehicle under section 131 (5A) shall be cancelled if the owner of the vehicle fails, within a reasonable period, to display that mark when it falls to be assigned under Regulation 9(3) of the Regulations. (b) Where a mark is cancelled pursuant to subparagraph (b), then the fee paid shall not be refunded other than in cases that the Commissioners are satisfied that exceptional circumstances have occurred so as to prevent the person to whom the mark was assigned from using it. (c) An application for the purposes of subparagraph (b) shall be made in writing to the Commissioners and shall set out the exceptional circumstances claimed to warrant the repayment. The applicant shall furnish to the Commissioners, if so requested by them, proof to the satisfaction of the Commissioners of those circumstances.”. Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 10th October, 2008. [396] 3 Given on 7 October 2008 MICHAEL O’ GRADY Revenue Commissioner 4 [396] EXPLANATORY NOTE (This note is not part of the instrument and does not purport to be a legal interpretation.) This Regulation increases the fee for reserving an identification mark (registration number) from \315 to \1,000. The Regulation also states that the Revenue Commissioners will cancel the identification mark (registration number) if it has not been assigned to a vehicle. Only in exceptional circumstances will a refund be authorised. STATUTORY INSTRUMENTS. S.I. No. 346 of 2010 ———————— VEHICLE REGISTRATION TAX (PERMANENT RELIEFS) (AMENDMENT) REGULATIONS 2010 (Prn. A10/1020) 2 [346] S.I. No. 346 of 2010 VEHICLE REGISTRATION TAX (PERMANENT RELIEFS) (AMENDMENT) REGULATIONS 2010 I, BRIAN LENIHAN, Minister for Finance, in exercise of the powers conferred on me by section 141(3) of the Finance Act 1992 (No. 9 of 1992), hereby make the following regulations: 1. These Regulations may be cited as the Vehicle Registration Tax (Permanent Reliefs) (Amendment) Regulations 2010. 2. The Vehicle Registration Tax (Permanent Reliefs) Regulations 1993 (S.I. No. 59 of 1993) are amended by substituting “not later than seven days” for “not later than the next working day” in each place where it occurs in the provisions mentioned in the Table to this Regulation. TABLE Regulation Regulation Regulation Regulation Regulation Regulation 4(1)(c) 5(1)(d) 6(1)(c) 7(1)(c) 8(2) 9(2). GIVEN under my Official Seal, 12 July 2010. BRIAN LENIHAN, Minister for Finance. Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 16th July, 2010. STATUTORY INSTRUMENTS. S.I. No. 400 of 2010 ———————— VEHICLE REGISTRATION AND TAXATION (AMENDMENT) REGULATIONS 2010 (Prn. A10/1245) [346] 3 EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) These Regulations relate to changes to vehicle registration procedures in the State in accordance with the provisions of Section 104 of the Finance Act 2010, (which amended Section 131 of the Finance Act 1992) which allows the Revenue Commissioners to appoint a competent person(s) to carry out a range of functions on their behalf, relating to the registration of vehicles in the State. Where an unregistered vehicle enters the State, in respect of which an application for permanent relief from the payment of vehicle registration tax will be made to the Revenue Commissioners (under the provisions of Section 134 of the Finance Act 1992), these Regulations make provision for a requirement that the person (in whose name the vehicle will be registered) shall make an application for permanent relief in respect of such vehicle not later than seven days following its arrival in the State. BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR Le ceannach díreach ón OIFIG DHÍOLTA FOILSEACHÁN RIALTAIS, TEACH SUN ALLIANCE, SRÁID THEACH LAIGHEAN, BAILE ÁTHA CLIATH 2, nó tríd an bpost ó FOILSEACHÁIN RIALTAIS, AN RANNÓG POST-TRÁCHTA, AONAD 20 PÁIRC MIONDÍOLA COIS LOCHA, CLÁR CHLAINNE MHUIRIS, CONTAE MHAIGH EO, (Teil: 01 - 6476834 nó 1890 213434; Fax: 094 - 9378964 nó 01 - 6476843) nó trí aon díoltóir leabhar. —————— DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased directly from the GOVERNMENT PUBLICATIONS SALE OFFICE SUN ALLIANCE HOUSE, MOLESWORTH STREET, DUBLIN 2, or by mail order from GOVERNMENT PUBLICATIONS, POSTAL TRADE SECTION, UNIT 20 LAKESIDE RETAIL PARK, CLAREMORRIS, CO. MAYO, (Tel: 01 - 6476834 or 1890 213434; Fax: 094 - 9378964 or 01 - 6476843) or through any bookseller. —————— €1.27 Wt. (B27792). 285. 7/10. Cahill. Gr. 30-15. 2 [400] S.I. No. 400 of 2010 VEHICLE REGISTRATION AND TAXATION (AMENDMENT) REGULATIONS 2010 The Revenue Commissioners, in exercise of the powers conferred on them by section 141 of the Finance Act 1992 (No. 9 of 1992), hereby make the following regulations: 1. These Regulations may be cited as the Vehicle Registration and Taxation (Amendment) Regulations 2010. 2. These Regulations come into operation on 1 September 2010. 3. The Vehicle Registration and Taxation Regulations 1992 (S.I. No. 318 of 1992) are amended(a) in Regulation 4 by inserting the following after the definition of “authorised person”: “ ‘competent person’ means one or more than one individual or body appointed by the Commissioners under section 131 of the Act;”, (b) in Regulation 4 by substituting the following for the definition of “distributor”: “ ‘distributor’ means a person who holds a franchise to bring into the State for sale particular makes and models of vehicles;”, (c) by substituting the following for Regulation 7(1): “(1) A declaration under section 131(2)(a) of the Act shall be in such form as the Commissioners may specify and shall include the following particulars: (a) in respect of the vehicle concerned— (i) the vehicle identification number, (ii) the make, model and variant, (iii) the number of doors, seats and windows, (iv) the level of CO2 emissions, Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 20th August, 2010. [400] 3 (v) the vehicle category by reference to the relevant EC type-approval certificate or EC certificate of conformity, or any other documentation specified by the Commissioners for the purposes of confirming the categorisation of vehicles for the purposes of Chapter IV of Part II of the Finance Act 1992, and (vi) such other particulars, if any, relating to vehicles as the Commissioners consider necessary for the proper administration of the tax; (b) in respect of the person presenting the vehicle for registration— (i) the name of that person as it appears on that person’s passport, driving licence or such other document establishing that person's identity as the Commissioners may specify, and (ii) such other particulars, if any, relating to that person as the Commissioners consider necessary for the proper administration of the tax; (c) in respect of the person in whose name the vehicle is to be registered: (i) the name of that person as it appears on that person’s passport, driving licence or such other document establishing that person's identity as the Commissioners may specify, (ii) the address of that person as it appears on a recent bank statement, utility bill or such other document establishing that person's address as the Commissioners may specify, (iii) the personal public service number (within the meaning of section 292 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005)) of that person, (iv) where the vehicle is being presented by a person (the 'first mentioned person') other than the person in whose name the vehicle is to be registered (the 'second mentioned person'), a document in such form as the Commissioners may specify– (I) authorising the first mentioned person to register the vehicle on behalf of the second mentioned person, and (II) signed by the second mentioned person, 4 [400] and (v) such other particulars, if any, relating to that person as the Commissioners consider necessary for the proper administration of the tax; (d) in respect of a person authorised under section 136 of the Act, that person’s Trader Account Number.”, (d) in Regulation 7 by inserting the following after paragraph (1): “(1A) Where the Commissioners specify further particulars for the purposes of subparagraphs (a)(vi), (b)(ii) or (c)(v) of paragraph (1), the Commissioners shall publish those particulars on their website or in such other form as they consider appropriate.”, (e) by substituting the following for Regulation 7(3): “(3) For the purposes of the registration of a vehicle, the competent person shall require the person presenting the vehicle for registration to sign a document confirming the vehicle details declared by the competent person to the Commissioners under section 131(2)(a) or (3)(a), as the case may be, and such document shall be retained by the competent person.”, (f) by substituting the following for Regulation 8(1): “(1) (a) A person not being an authorised person who manufactures or brings into the State a vehicle which is not exempt from registration under section 135 of the Act shall— (i) make an appointment for a pre-registration examination with the competent person concerned not later than 7 days after the manufacture or arrival in the State of the vehicle, and (ii) register the vehicle to the satisfaction of the Commissioners not later than 30 days after its manufacture or arrival in the State. (b) In the case of a vehicle which requires the making of a customs entry on arrival in the State, the date of its release from customs control shall be deemed to be the date of its arrival in the State for registration purposes.”, (g) by substituting the following for Regulation 8(2): “(2) (a) Where the person referred to in paragraph (1) has reasonable cause to believe that the vehicle concerned may qualify for registration without payment of tax, the person shall make an application to the Commissioners for relief under [400] 5 section 134 of the Act not later than 7 days following the manufacture or arrival in the State of the vehicle concerned. (b) If the application is approved and the relief is granted after payment of the tax on the vehicle, the Commissioners shall repay the tax to the person under section 134 of the Act.”, (h) by deleting Regulation 10, (i) in Regulation 15 by deleting paragraph (2), and (j) by deleting the Second, Third, Fourth and Fifth Schedules. GIVEN under my hand, 16 August 2010. MICHAEL O‘GRADY, Revenue Commissioner. 6 [400] EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) These Regulations specify changes to vehicle registration procedures in the State in accordance with the provisions of Section 104 of the Finance Act 2010, (which amended Section 131 of the Finance Act 1992) which permits the Revenue Commissioners to appoint a competent person(s) to carry out a range of functions on their behalf, relating to the registration of vehicles in the State. In addition, as the Revenue Commissioners are no longer responsible for the issuing of a vehicle registration certificate, these Regulations also provide for the deletion of• Regulation 10 of Statutory Instrument (S.I.) No. 318 of 1992 (as amended), and • the Second Schedule of S.I. No. 318 of 1992 (as amended). These Regulations also repeal the requirement for the Commissioners to prescribe Forms VRT3, VRT4 and VRT5 contained in the Third, Fourth and Fifth Schedules respectively. Under the new registration procedures, vehicle registration details will be transferred electronically by the appointed competent person to the Commissioners. Finally, Regulation 15(2) of S.I. No. 318 of 1992 (as amended) is also repealed, as the transfer of new unregistered vehicles between authorised individuals no longer involves the completion of Forms VRT3 and VRT 5. STATUTORY INSTRUMENTS. S.I. No. 542 of 2012 ———————— VEHICLE REGISTRATION AND TAXATION (AMENDMENT) REGULATIONS 2012 2 [542] S.I. No. 542 of 2012 VEHICLE REGISTRATION AND TAXATION (AMENDMENT) REGULATIONS 2012 The Revenue Commissioners, in exercise of the powers conferred on them by section 141 of the Finance Act 1992 (No. 9 of 1992), hereby make the following regulations: 1. These Regulations may be cited as the Vehicle Registration and Taxation (Amendment) Regulations 2012. 2. These Regulations come into operation on 1 January 2013. 3. In these Regulations “Regulations of 1992” means the Vehicle Registration and Taxation Regulations 1992 (S.I. No. 318 of 1992). 4. Regulation 9 of the Regulations of 1992 is amended— (a) in paragraph (1) by inserting “first brought into use on or before 31 December 2012 and” after “to a vehicle”, (b) by inserting the following paragraph after paragraph (1): “(1A) The identification mark assigned by the Commissioners under section 131(5) of the Act to a vehicle first brought into use on or after 1 January 2013 and entered in the register (in this Regulation referred to as the ‘identification mark’) shall consist of— (a) the third and fourth numerals of the year in which the vehicle is first brought into use, (b) (i) the numeral ‘1’ for vehicles first brought into use during the period 1 January to 30 June in any year, or (ii) the numeral ‘2’ for vehicles first brought into use during the period 1 July to 31 December in any year, (c) an index mark, as provided for in the table to paragraph 4 of the First Schedule to these Regulations, corresponding to the functional area of the licensing authority in which the owner at the time of registration ordinarily resides, (d) a number which when combined with the appropriate numerals and mark aforesaid produces a unique combination, Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 1st January, 2013. [542] 3 (e) in the case of a vehicle which the Commissioners are satisfied was constructed or first brought into use more than 30 years prior to the time of registration, and the person applying for registration so requests, an index mark ZV and a unique number.”, and (c) in paragraph (3) by substituting “paragraphs (1)(c) and (1A)(d)” for “subparagraph (1)(c)”. 5. The First Schedule to the Regulations of 1992 is amended— (a) in paragraph 2 by inserting “first brought into use on or before 31 December 2012” after “vehicle”, (b) by inserting the following paragraph after paragraph 2: “2A. The identification mark of a vehicle first brought into use on or after 1 January 2013 shall be displayed on a rectangular plate which shall correspond with either Diagram No. 3 or Diagram No. 4 shown below: Diagram No. 3 Diagram No. 4 ”, 4 [542] (c) in paragraph 18(b) by inserting “or in Diagram No. 3 or Diagram No. 4 in paragraph 2A of this Schedule” after “in paragraph 2 of this Schedule”, and (d) in paragraph 19 by inserting “or Diagram No. 4” after “Diagram No. 2”. GIVEN under my Hand, 20 December 2012. NIALL CODY, Revenue Commissioner. [542] 5 EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) 1. These regulations amend the Vehicle Registration and Taxation Regulations, 1992 (S.I. No. 318 of 1992) and prescribe the format, dimensions and technical specifications of registration plates to be displayed on vehicles first brought into use up to and including 31 December 2012 and also from 1 January 2013. STATUTORY INSTRUMENTS. S.I. No. 110 of 2013 ———————— FINANCE ACT 2012 (SECTION 83(1)(J)) (COMMENCEMENT) ORDER 2013 2 [110] S.I. No. 110 of 2013 FINANCE ACT 2012 (SECTION 83(1)(J)) (COMMENCEMENT) ORDER 2013 I, Michael Noonan, Minister for Finance, in exercise of the powers conferred on me by section 83(2) of the Finance Act 2012 (No. 9 of 2012), hereby order as follows: 1. This Order may be cited as the Finance Act 2012 (Section 83(1)(j)) (Commencement) Order 2013. 2. The 8th day of April 2013 is appointed as the day on which section 83(1)(j) of the Finance Act 2012 (No. 9 of 2012) comes into operation. GIVEN under my Official Seal, 28 March 2013. MICHAEL NOONAN, Minister for Finance. Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 2nd April, 2013. [110] 3 EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) This Order appoints the 8th day of April 2013 as the date for coming into operation of Section 83(1)(j) of the Finance Act 2012. As a consequence: The Revenue Commissioners now have the authority to repay residual Vehicle Registration Tax on M1 passenger vehicles which are removed permanently from the State, subject to fulfilment of the appropriate procedures and conditions as outlined in section 135D of Finance Act 1992 (as amended). STATUTORY INSTRUMENTS. S.I. No. 452 of 2013 ———————— VEHICLE REGISTRATION (IDENTIFICATION MARKS) REGULATIONS 2013 2 [452] S.I. No. 452 of 2013 VEHICLE REGISTRATION (IDENTIFICATION MARKS) REGULATIONS 2013 The Revenue Commissioners, in exercise of the powers conferred on them by section 141 of the Finance Act 1992 (No. 9 of 1992), hereby make the following regulations: 1. These Regulations may be cited as the Vehicle Registration (Identification Marks) Regulations 2013. 2. These Regulations come into operation on 1 January 2014. 3. In these Regulations— “Principal Regulations” means the Vehicle Registration and Taxation Regulations 1992 (S.I. No. 318 of 1992); “Regulations of 2012” means the Vehicle Registration and Taxation (Amendment) Regulations 2012 (S.I. No. 542 of 2012). 4. Regulation 9 (as amended by Regulation 4 of the Regulations of 2012) of the Principal Regulations is amended— (a) by substituting for paragraphs (1) and (1A) the following: “(1) The identification mark assigned by the Commissioners under section 131(5) of the Act to a vehicle first brought into use on or before 31 December 2012 and entered in the register (in this Regulation referred to as the ‘identification mark’) shall consist of— (a) the third and fourth numerals of the year in which the vehicle is first brought into use, (b) an index mark, as provided for in the Table to paragraph (4) of the First Schedule, corresponding to the functional area of the licensing authority in which the owner at the time of registration ordinarily resides, and (c) a number which when combined with those numerals and that mark produces a unique combination. (1A) The identification mark assigned by the Commissioners under section 131(5) of the Act to a vehicle first brought into use during the period commencing on 1 January 2013 and ending on 31 December 2013 and entered in the register shall consist of— Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 29th November, 2013. [452] 3 (a) the third and fourth numerals of the year in which the vehicle is first brought into use, (b) where the vehicle is first brought into use during the period— (i) from 1 January 2013 to 30 June 2013, the numeral ‘1’, or (ii) from 1 July 2013 to 31 December 2013, the numeral ‘2’, (c) an index mark, as provided for in the Table to paragraph 4 of the First Schedule, corresponding to the functional area of the licensing authority in which the owner at the time of registration ordinarily resides, and (d) a number which when combined with those numerals and that mark produces a unique combination. (1B) The identification mark assigned by the Commissioners under section 131(5) of the Act to a vehicle first brought into use on or after 1 January 2014 and entered in the register shall consist of— (a) the third and fourth numerals of the year in which the vehicle is first brought into use, (b) where the vehicle is first brought into use during the period— (i) from 1 January to 30 June in any year, the numeral ‘1’, or (ii) from 1 July to 31 December in any year, the numeral ‘2’, (c) an index mark, as provided for in the Table to paragraph 4A of the First Schedule, corresponding to the functional area of the licensing authority in which the owner at the time of registration ordinarily resides, and (d) a number which when combined with those numerals and that mark produces a unique combination. (1C) Notwithstanding the provisions of paragraphs (1), (1A) and (1B), the identification mark assigned by the Commissioners under section 131(5) of the Act to a vehicle which the Commissioners are satisfied was constructed or first brought into use more than 30 years prior to the time of registration, and the person applying for registration so requests, shall consist of an index mark ZV and a unique number.”, and (b) by substituting for paragraph (3) the following: 4 [452] “(3) The numbers referred to in paragraphs (1)(c), (1A)(d) and (1B)(d) shall be assigned sequentially to each index mark, but the Commissioners may omit any numbers from a sequence established under this Regulation.”. 5. The First Schedule (as amended by Regulation 5 of the Regulations of 2012) to the Principal Regulations is amended— (a) in paragraph 4 by substituting “Where a vehicle is first brought into use on or before 31 December 2013, the plate shall exhibit” for “The plate shall exhibit”, (b) by substituting for the title of the Table to paragraph 4 the following: “TABLE INDEX MARKS AND CORRESPONDING PLACENAMES FOR VEHICLES FIRST BROUGHT INTO USE ON OR BEFORE 31 DECEMBER 2013”, (c) by inserting the following paragraph after paragraph 4: “(4A) Where a vehicle is first brought into use on or after 1 January 2014, the plate shall exhibit the placename set out in the Table to this paragraph opposite the mention in the Table of the index mark on the plate, the flag of the European Communities and the letters IRL all of which shall be arranged in conformity with this Schedule”, and (d) by inserting the following Table after paragraph 4A: “TABLE INDEX MARKS AND CORRESPONDING PLACENAMES FOR VEHICLES FIRST BROUGHT INTO USE ON OR AFTER 1 JANUARY 2014 Index Mark Corresponding Placename Index Mark Corresponding Placename Index Mark Corresponding Placename CW Ceatharlach KK Cill Chainnigh OY Uibh Fhailí CN An Cabhán L Luimneach RN Ros Comáin CE An Clár LS Laois SO Sligeach C Corcaigh LM Liatroim T Tiobrain Arann D Baile Átha Cliath LD An Longfort W Port Láirge DL Dún na nGall LH Lú WH An Iarmhí G Gaillimh MO Maigh Eo WX Loch Garman [452] 5 Index Mark Corresponding Placename Index Mark Corresponding Placename KY Ciarraí MH An Mhí KE Cill Dara MN Muineachán Index Mark WW Corresponding Placename Cill Mhantáin ”. 6. Regulation 4 of the Regulations of 2012 is revoked. GIVEN under my hand, 27 November 2013. NIALL CODY, Revenue Commissioner. 6 [452] EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) 1. These regulations amend the Vehicle Registration and Taxation Regulations, 1992 (S.I. No. 318 of 1992, as amended by S.I. No. 542 of 2012) and prescribe the Index Mark to be displayed on vehicles first brought into use on or after 1 January 2014 for the Registration Districts of Limerick, Tipperary and Waterford. BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR Le ceannach díreach ó FOILSEACHÁIN RIALTAIS, 52 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2 (Teil: 01 - 6476834 nó 1890 213434; Fax: 01 - 6476843) nó trí aon díoltóir leabhar. —————— DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased from GOVERNMENT PUBLICATIONS, 52 ST. STEPHEN'S GREEN, DUBLIN 2. (Tel: 01 - 6476834 or 1890 213434; Fax: 01 - 6476843) or through any bookseller. —————— €2.54 Wt. (B30226). 315. 11/13. Clondalkin. Gr 30-15. STATUTORY INSTRUMENTS. S.I. No. 496 of 2015 ———————— VEHICLE REGISTRATION AND TAXATION (AMENDMENT) REGULATIONS 2015 2 [496] S.I. No. 496 of 2015 VEHICLE REGISTRATION AND TAXATION (AMENDMENT) REGULATIONS 2015 The Revenue Commissioners, in exercise of the powers conferred on them by section 141 of the Finance Act 1992 (No. 9 of 1992), hereby make the following regulations: 1. These Regulations may be cited as the Vehicle Registration and Taxation (Amendment) Regulations 2015. 2. These Regulations come into operation on 9 November 2015. 3. In these Regulations— “the Regulations” means the Vehicle Registration and Taxation (No. 2) Regulations 1992 (S.I. No. 437 of 1992); “Regulations of 1992” means the Vehicle Registration and Taxation Regulations 1992 (S.I. No. 318 of 1992). 4. The Regulations are amended by substituting the following for Regulation 6— “6. (1) A request to reserve an identification mark under section 131(5A): (a) shall be in writing, and (b) shall only be made during the period: (i) 1 November of the year before the vehicle is to be first brought into use, and (ii) 31 December of the year in which the vehicle is to be first brought into use. (2) An identification mark, requested in accordance with section 131(5A): (a) shall comply with Regulation 9(1B) of the Regulations, and (b) shall only be assigned to the vehicle by the Commissioners in the year in which the vehicle is first brought into use. (3) A fee of €1,000 is prescribed for the purpose of section 131(5A) of the Act. Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 10th November, 2015. [496] 3 (4) An identification mark reserved under paragraph (1) shall not be displayed on a vehicle until it would fall to be assigned under Regulation 9(3) of the Regulations.”. 5. Regulation 7(1) of the Regulations of 1992 is amended in subparagraph (a)— (a) in clause (v) by substituting “Finance Act 1992,” for “Finance Act 1992, and”, (b) in clause (vi) by substituting “of the tax, and” for “of the tax;”, and (c) by inserting the following after clause (vi): “(vii) where relevant, the declaration shall be accompanied by foreign registration certificates as provided for in Articles 4 and 5 of Council Directive 1999/37/EC (as amended);”. 6. Regulation 9 of the Regulations of 1992 is amended by substituting the following for paragraph (3): “(3) The numbers referred to in paragraphs (1)(c), (1A)(d), (1B)(d) and (1C) shall be assigned sequentially to each index mark, but the Commissioners may omit any numbers from a sequence established under this Regulation.”. GIVEN under my hand, 5 November 2015. NIALL CODY, Revenue Commissioner. 4 [496] EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) 1. These regulations amend the Vehicle Registration and Taxation Regulations, 1992 (S.I. No. 318 of 1992) and the Vehicle Registration and Taxation (No. 2) Regulations, 1992 (S.I. No. 437 of 1992). 2. The regulations amend the administrative procedures for the reservation and assignment of registration numbers. 3. In addition, the EU requirement for the production of a foreign registration document at re-registration and the administrative arrangements for dealing with these documents following re-registration are included. BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR Le ceannach díreach ó FOILSEACHÁIN RIALTAIS, 52 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2 (Teil: 01 - 6476834 nó 1890 213434; Fax: 01 - 6476843) nó trí aon díoltóir leabhar. —————— DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased from GOVERNMENT PUBLICATIONS, 52 ST. STEPHEN’S GREEN, DUBLIN 2. (Tel: 01 - 6476834 or 1890 213434; Fax: 01 - 6476843) or through any bookseller. —————— €1.27 Wt. (B31616). 315. 11/15. Essentra. Gr 30-15. STATUTORY INSTRUMENTS. S.I. No. 591 of 2015 ———————— VEHICLE REGISTRATION AND TAXATION REGULATIONS 2015 2 [591] S.I. No. 591 of 2015 VEHICLE REGISTRATION AND TAXATION REGULATIONS 2015 I, MICHAEL NOONAN, Minister for Finance, in exercise of the powers conferred on me by Section 141 of the Finance Act 1992 (No. 9 of 1992), hereby make the following regulations: 1. These Regulations may be cited as the Vehicle Registration and Taxation Regulations 2015. 2. These Regulations shall come into operation on 1 January 2016. 3. In these Regulations: “Act of 1992” means the Finance Act 1992 (No. 9 of 1992); “Euribor rate” means the Euro Interbank Offered Rate published by the European Banking Federation; “period of registration” in relation to a vehicle, means the period beginning on the date the particulars of the vehicle are entered in the register referred to in section 131 of the Act of 1992 and ending on the date of the examination, under section 135D(1)(d) of the Act of 1992, of the vehicle, documentation and, where applicable, valid test certificate. 4. (1) The amount specified under section 135D(2)(b) of the Act of 1992 shall be calculated by the Revenue Commissioner for each year or part of a year during the period of registration according to the following formula: (V x C) where “V” is the amount of vehicle registration tax to be repaid under section 135D(2)(a) of the Act of 1992, and “C” is the annual average of the 12 month Euribor rate for each year or part of a year during the period of registration. Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 5th January, 2016. [591] 3 (2) The total amount repaid under section 135D(2)(b) of the Act of 1992 shall be the sum of the amounts calculated under paragraph (1) for each year or part of a year during the period of registration. GIVEN under my Official Seal, 17 December 2015. MICHAEL NOONAN, Minister for Finance. 4 [591] EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) These Regulations provide for the calculation of payment of interest on the amount of VRT repayable under the VRT Export Repayment Scheme. BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR Le ceannach díreach ó FOILSEACHÁIN RIALTAIS, 52 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2 (Teil: 01 - 6476834 nó 1890 213434; Fax: 01 - 6476843) nó trí aon díoltóir leabhar. —————— DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased from GOVERNMENT PUBLICATIONS, 52 ST. STEPHEN'S GREEN, DUBLIN 2. (Tel: 01 - 6476834 or 1890 213434; Fax: 01 - 6476843) or through any bookseller. —————— €1.27 Wt. (B31745). 285. 12/15. Essentra. Gr 30-15. STATUTORY INSTRUMENTS. S.I. No. 595 of 2015 ———————— FINANCE ACT 2014 (SECTION 63) (COMMENCEMENT) ORDER 2015 2 [595] S.I. No. 595 of 2015 FINANCE ACT 2014 (SECTION 63) (COMMENCEMENT) ORDER 2015 I, MICHAEL NOONAN, Minister for Finance, in exercise of the powers conferred on me by section 63(2) of the Finance Act 2014 (No. 37 of 2014), hereby order as follows: 1. This Order may be cited as the Finance Act 2014 (Section 63) (Commencement) Order 2015. 2. The 1st day of January 2016 is appointed as the day on which section 63(1) of the Finance Act 2014 (No. 37 of 2014) shall come into operation. GIVEN under my Official Seal, 17 December 2015. MICHAEL NOONAN, Minister for Finance. Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 5th January, 2016. [595] 3 EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) This Order appoints the 1st day of January 2016 as the date for coming into operation of Section 63(1) of the Finance Act 2014. As a consequence: The Revenue Commissioners now have the authority to repay an amount of interest on the amount of VRT repayable under Section 135D of the Finance Act of 1992 (VRT Export Repayment Scheme). BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR Le ceannach díreach ó FOILSEACHÁIN RIALTAIS, 52 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2 (Teil: 01 - 6476834 nó 1890 213434; Fax: 01 - 6476843) nó trí aon díoltóir leabhar. —————— DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased from GOVERNMENT PUBLICATIONS, 52 ST. STEPHEN'S GREEN, DUBLIN 2. (Tel: 01 - 6476834 or 1890 213434; Fax: 01 - 6476843) or through any bookseller. —————— €1.27 Wt. (B31744). 285. 12/15. Essentra. Gr 30-15.