Order 97 - Road traffic : S.I. No. 235 of 2018
Definitions
1. In this Order—
the “1961 Act” means the Road Traffic Act 1961 (No. 24 of 1961) (as amended); the “1968 Act” means the Road Traffic Act 1968 (No. 25 of 1968);
the “2016 Act” means the Road Traffic Act 2016 (No. 21 of 2016);
the “Agreement” has the same meaning as in section 40(12)(a) of the 2016 Act.
Venue for appeals — under section 18(8)(c)(ii)
2. (1) An appeal pursuant to section 18(8)(c)(ii) of the 1961 Act against the refusal of the issuing authority to issue a test certificate may be made at any sitting of the Court for the court area in which the vehicle is ordinarily kept.
(2) An appeal
— under section 33(3A)(b)
(i) pursuant to section 33(3A)(b) of the 1961 Act (inserted by section 21 of the 1968 Act) against the refusal of the issuing authority to carry out a test,
— under section 33(5)(a)
(ii) pursuant to section 33(5)(a) of the 1961 Act against the deferring of a decision by the issuing authority to issue a certificate of competency,
— under sec. 33(6)(a)
(iii) pursuant to section 33(6)(a) of the 1961 Act against the decision of the issuing authority under section 33(4) of the 1961 Act, or
— under section 34(5)(a)
(iv) pursuant to section 34(5)(a) of the 1961 Act against the decision of the issuing authority under section 34(4) of the 1961 Act or the deferring of such a decision.
may be made at any sitting of the Court for the court area in which the appellant ordinarily resides.
Form of, service and lodgment of notice of appeal
3. (1) Every such appeal shall be preceded by the issue and service of a notice in the form 97.1, 97.2, or 97.3 Schedule C, as appropriate, signed by the appellant or solicitor for the appellant.
(2) Such notice shall be served, in accordance with the provisions of Order 41 of these Rules, upon the issuing authority, i.e. the Department of the Environment, and upon any other person directly affected by the appeal at least 14 days before the date of hearing of the appeal.
(3) The original of the notice, together with a statutory declaration(s) as to service thereof, shall be lodged with the Clerk at least two days before the said date of hearing.
(4) The order of the Court on hearing such appeal may be in one of the Forms 97.4, 97.5, 97.6, 97.7, 97.8, 97.9, 97.10, 97.11, Schedule C, as appropriate.
Applications under sec. 28
4. (1) An application pursuant to section 28(1) or 28(2) of the 1961 Act by an officer of the Garda Síochána for a special disqualification order in respect of any person may be made at any sitting of the Court for the court area in which such person ordinarily resides.
(2) Such application shall be preceded by the issue and service of a notice in the Form 97.12 or 97.13, Schedule C, as appropriate, signed by such officer.
(3) Such notice shall be served upon the person to whom the application relates at least 10 days before the date of hearing of the application.
(4) The original of the notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.
(5) The order of the Court on hearing the application may be in the Form 97.14 or 97.15, Schedule C, as appropriate.
Application for removal of disqualification
5. (1) An application pursuant to section 29(2) of the 1961 Act (as substituted by section 7 of the Road Traffic Act 2006) for the removal of a disqualification may be made at any sitting of the court for the court area in which the disqualification order was made.
(2) Such application shall be preceded by the issue and service of a notice in the Form 97.16, Schedule C, signed by the applicant or solicitor for the applicant.
(3) Such notice shall be served upon the Superintendent of the Garda Síochána for the district in which the applicant ordinarily resides at least 14 days before the date of hearing of the application.
(4) The original of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.
(5) The order of the Court on hearing the application shall be in the Form 97.17 or 97.18, Schedule C, as appropriate.
Search warrant under sec. 106 (6)
6. An application pursuant to section 106(6)(a) of the 1961 Act by a member of the Garda Síochána for the issue of a warrant under that section shall be by information on oath and in writing in the Form 97.21 Schedule C, and, where the Judge of the District Court or the Peace Commissioner grants the application, the warrant may be in the Form 97.22, Schedule C.
Application for disqualification under the Agreement on the Mutual Recognition of Driving Disqualifications between Ireland and the United Kingdom of Great Britain and Northern Ireland:
— venue
7. (1) An application by a licensing authority under section 40(2) of the 2016 Act for an order declaring the person to whom the notification which is the subject of the application relates to be disqualified for holding a licence for the period referred to in section 40(1) of the 2016 Act for the purposes of giving effect to the decision imposing disqualification from driving made in the United Kingdom in accordance with the Agreement (in this rule, a “mutual recognition application”) may be made at any sitting of the Court for the court area:
(i) where the person the subject of the mutual recognition application concerned (in this rule, the “respondent”) ordinarily resides or carries on any profession, business or occupation, or
(ii) in which the address which appears on the Irish driving licence or learner permit held by the respondent is located.
— Form of mutual recognition application
(2) A mutual recognition application shall be preceded by the issue and service of a notice of application [in the Form 97.19, Schedule C] signed on behalf of the moving party or by the solicitor for the moving party.
—Documents to be appended to mutual recognition application
(3) There shall be appended to the original notice of application:
(i) The original of any certificate concerning the case of the respondent signed by an officer of the licensing authority concerned authorised in that behalf by the chief executive of the licensing authority concerned given for the purposes of section 40(3)(a) of the 2016 Act and any document identified in and attached to such certificate;
(ii) Where no certificate is given for the purposes of section 40(3)(a) of the 2016 Act, copies of:
(a) the notification in writing concerning the case of the respondent received by the licensing authority in accordance with Article 3 of the Agreement and section 40(1) of the 2016 Act;
(b) the information and documents specified in paragraph 1 of Article 6 of the Agreement concerning the case of the respondent, and
(c) where appropriate, pursuant to the Agreement, the evidence referred to in paragraph 2 of that Article and the supplementary information referred to in paragraph 3 thereof concerning the case of the respondent.
— Service
(4) A copy of the original notice of application, and copies of all documents appended to it, shall be served, in accordance with the provisions of Order 41, upon the respondent at least 14 days before the date of hearing of the appeal.
— Lodgment
(5) The original notice of application, together with all documents appended to it, and a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.
— Form of order
(6) The order of the Court granting the application may be in the Form 97.20, Schedule C.