Number 22 of 2001

MOTOR VEHICLE (DUTIES AND LICENCES) ACT, 2001.

ARRANGEMENT OF SECTIONS

SCHEDULE

Number 22 of 2001

MOTOR VEHICLE (DUTIES AND LICENCES) ACT, 2001.

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1. —(1) In this Act, unless the context otherwise requires—

“Act of 1952” means the Finance (Excise Duties) (Vehicles) Act, 1952 ;

“Act of 1961” means the Road Traffic Act, 1961 ;

“Act of 1992” means the Finance (No. 2) Act, 1992 ;

“Minister” means the Minister for the Environment and Local Government.

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection or paragraph is a reference to a subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and

(c) a reference to any enactment is a reference to that enactment as amended, extended or adapted by or under any subsequent enactment (including this Act).

2. —(1) Sections 3 and 4 shall apply as respects licences taken out, under section 1 of the Act of 1952 or, as the case may be, the provision concerned of section 21(3) of the Act of 1992, for periods beginning on or after 1 April 2001.

(2) Subsection (1) is without prejudice to section 6 (which makes provision with respect to the application of amounts in euro on and from 1 January 2002).

3. —(1) Section 1 of the Act of 1952 is amended—

(a) in subsection (2)(b), by the insertion of “(€114)” after “£90”, and

(b) in subsection (4)—

(i) by the substitution in paragraph (f) of “for invalids,” for “for invalids.”, and

(ii) by the addition of the following paragraphs after paragraph (f):

“(g) vehicles which are used exclusively for mountain and cave rescue purposes,

(h) vehicles which are used exclusively for underwater search and recovery purposes.”.

(2) The Act of 1952 is amended by the substitution of the Part set out in the Schedule to this Act for Part I of the Schedule to the Act of 1952.

(3) Part II of the Schedule to the Act of 1952 is amended—

(a) in paragraph 5(a)(i), by the substitution of “£13 (€16)” for “£12”, and

(b) in paragraph 5(a)(ii), by the substitution of “£29 (€36)” for “£27”.

4. —Section 21(3) of the Act of 1992 is amended—

(a) in paragraph (a)(i), by the substitution of “£30 (€38)” for “£27”,

(b) in paragraph (a)(ii), by the substitution of “£180 (€228)” for “£160”,

(c) in paragraph (b)(i), by the substitution of “£20 (€25)” for “£17”, and

(d) in paragraph (b)(ii), by the substitution of “£44 (€55)” for “£39”.

5. —Section 42(2) of the Act of 1961 is amended—

(a) in paragraph (k), by the substitution of “such fees;” for “such fees.”, and

(b) by the addition of the following paragraph after paragraph (k):

“(l) the fees to be paid in respect of the grant of a driving licence.”.

6. —(1) In this section, “relevant amendment” means an amendment effected by this Act of the Act of 1952 or the Act of 1992, being an amendment in which there appears, immediately after a monetary amount in pounds (in subsection (2) referred to as the “pound amount concerned”), a monetary amount in euro in parentheses (in subsection (2) referred to as the “euro amount concerned”).

(2) With respect to any relevant amendment—

(a) the pound amount concerned shall apply and the euro amount concerned shall not apply as respects licences taken out, under section 1 of the Act of 1952 or, as the case may be, the provision concerned of section 21(3) of the Act of 1992, for periods beginning on or after 1 April 2001 (but not beginning later than 31 December 2001), and

(b) the euro amount concerned shall apply and the pound amount concerned shall not apply as respects licences taken out, under section 1 of the Act of 1952 or, as the case may be, the provision concerned of section 21(3) of the Act of 1992, for periods beginning on or after 1 January 2002.

7. —(1) In this section, “driving licence” has the same meaning as it has in the Act of 1961.

(2) Subsection (5) of section 6 of the Local Government Act, 1998 , shall have effect and be deemed always to have had effect—

(a) as if the reference therein to expenses incurred by the Minister, on or after 1 January 1998, in connection with the collection of motor vehicle tax included a reference to expenses incurred by the Minister, on or after the said date, in connection with the issuing of driving licences and the administration of miscellaneous fees and duties (within the meaning of section 5 of that Act), and

(b) in the event any difficulty arises or arose in determining the amount of the expenses incurred by the Minister in connection with the collection of motor vehicle tax, the issuing of driving licences or the administration of miscellaneous fees and duties, as if it contained a provision enabling the Minister to make an estimate of the said amount and specifying the amount estimated by the Minister pursuant to the said power to be, accordingly, the amount of the said expenses for the purposes of that subsection.

(3) Subsection (3) of section 6 (repealed by the Local Government Act, 1998 ) of the Local Government (Financial Provisions) Act, 1997 , shall be deemed always to have had effect—

(a) as if the reference therein to expenses incurred by the Minister, on or after 1 January 1997, in connection with the collection of motor vehicle tax included a reference to expenses incurred by the Minister, on or after the said date, in connection with the issuing of driving licences and the administration of miscellaneous fees and duties (within the meaning of section 5 of that Act), and

(b) in the event any difficulty arose in determining the amount of the expenses incurred by the Minister in connection with the collection of motor vehicle tax, the issuing of driving licences or the administration of miscellaneous fees and duties, as if it contained a provision enabling the Minister to make an estimate of the said amount and specifying the amount estimated by the Minister pursuant to the said power to be, accordingly, the amount of the said expenses for the purposes of that subsection.

8. —On the commencement of regulations under section 42(2)(l) of the Act of 1961, subsections (1) and (1A) of section 4 of the Act of 1952 shall stand repealed.

9. —This Act may be cited as the Motor Vehicle (Duties and Licences) Act, 2001.