Commercial Vehicle Owner & Operator - Frequently asked questions and answers. Commercial Vehicle Roadworthiness (CVR) Reform Programme

Transcription

1 Commercial Vehicle Owner & Operator - Frequently asked questions and answers Commercial Vehicle Roadworthiness (CVR) Reform Programme Version 1.2 November 2013 The Road Safety Authority ( RSA ) reissues this FAQ s document on a regular basis to incorporate ongoing questions raised by vehicle operators, owners and drivers. In the event that any approaches are changed or updated these will be clearly marked in the document. New or updated questions can be identified by the following symbol *NEW* 1

2 Contents Introduction... 3 MAINTENANCE - reforms related to owner and operator maintenance and repairs obligations... 4 CERTIFICATE OF ROADWORTHINESS (CRW) & TEST DUE DATES Changes to the way CRW s and test anniversary dates work...11 TESTING - reforms related to commercial vehicle testing...17 Booking & CVR tests...17 Re-Tests & other...21 ENFORCEMENT reforms related to RSA enforcement activity...23 Commercial Vehicle Roadworthiness (CVR) Programme Information...27 Contact us / further information

3 Introduction This document aims to answer the majority of questions related to the changes that will affect owners and operators of the following commercial vehicles: Heavy Commercial Vehicles (HCV) Light Commercial Vehicles (LCV) Buses Good Trailers Motor Caravans / Ambulances Note: Where an answer does not relate to one of the above it will be identified in brackets at the end of the question, for example: 1. Here is an example question that is not applicable to owners and operators of HCV s and goods trailers? (not applicable to HCV, GoodsTrailers) A: This is the answer to the question above This FAQ document is designed to make it as easy as possible to find the information you are looking for. For this reason it has been split into the following sections: MAINTENANCE reforms related to owner and operator repairs and maintenance obligations CERTIFICATE OF ROADWORTHINESS (CRW) & TEST DUE DATES Changes to the way CRW s and test anniversary dates work TESTING reforms related to commercial vehicle testing ENFORCEMENT reforms related to RSA enforcement activity Commercial Vehicle Roadworthiness (CVR) Programme Information about the background and objectives of the reforms Contact us / further information 3

4 MAINTENANCE - reforms related to owner and operator maintenance and repairs obligations 1. What vehicles do the Repairs and Maintenance Regulations apply to? (not applicable to Motor Caravans) vehicles used for the carriage of passengers, with more than 8 seats, excluding the driver s seat (categories M2 and M3); goods vehicles (categories N1, N2 and N3); goods trailers (categories O3 and O4); and ambulances (special purpose vehicles in category M). 2. What are my current obligations? As the owner of a CVR vehicle you have a duty to ensure that regular inspections and maintenance of the CVR vehicle, and repairs or other actions required to rectify defects relating to the CVR vehicle are carried out. By law, as a vehicle or trailer owner, you must maintain any vehicles used on a public road so that they are unlikely to cause danger to anyone. You must always make sure that your vehicles are roadworthy and safe. 3. What are the new obligations and when will they become effective? The obligations in relation to repair and maintenance are set out in the Road Safety Authority (Commercial Vehicle Roadworthiness)(Vehicle Maintenance and Repair) Regulations 2013 (SI 348 of 2013) and came into effect on 10 th September As the owner of a CVR vehicle you must: develop and put in place a system for the regular inspection and maintenance of your CVR vehicle, and periodically review, and make changes required to ensure the effectiveness of the system If you are not the owner this obligation applies to the person in charge of the vehicle, who controls and directs the operations of the vehicle. 4

5 4. How frequently should I schedule inspections and maintenance? Regular checks and maintenance are required to ensure that vehicles including trailers are roadworthy and safe. In determining the frequency at which inspections and maintenance are to be carried out in relation to a CVR vehicle you should consider: the operational condition of the CVR vehicle; the conditions under which the CVR vehicle is used; the age and mileage of the CVR vehicle; the degree to which the structure of the vehicle or any of its components are worn or have deteriorated; whether there is a defect or a condition affecting the CVR vehicle such that the CVR vehicle is, when in motion, a danger to the driver or the public; any guidelines issued by the manufacturer of the CVR vehicle; and any guidelines or recommendations issued by the Authority. Cutting back on essential maintenance and repairs does not save you money in the long run. Having your vehicle inspected and maitained regularly will help keep the vehicle in the best working order 5. I ve heard that we are required to carry out a Mandatory 6 and 12 weeks maintenance check on a vehicle - is this true? Operators that have been advised that they must carry out 6 or 12 week checks have therefore been misinformed. The legal obligation have a maintenance system in place is in immediate effect. Please see question 4 for details As per SI No 348 of 2013 operators are required to conduct daily walk around checks, fix defects before vehicles go on to the road and to put an effective maintenance, defects and repairs system in place. Any repairs should be carried out by a suitably qualified person who has the experience and/or training or qualifications to assess the roadworthiness and safety of the vehicle in accordance with the legislation. 5

6 6. Who is responsible for walk-around checks on vehicles? The owner of a CVR vehicle (or the person who is responsible for the controlling and directing the operations of the vehicle or using a CVR vehicle) must ensure that a walkaround inspection of the CVR vehicle is undertaken before the vehicle is used in a public place. In most cases the walkaround check will be done by the person who drives the vehicle. 7. I am a driver, what are my responsibilities? As a driver of a CVR vehicle you must, before driving the CVR vehicle in a public place, conduct a visual inspection of the condition of the interior and, by walking around the CVR vehicle, the exterior. Where a person other than you conducts a walk around inspection and provides you with an inspection report, you may rely on the inspection report as proof that an inspection was conducted unless you have reason to believe otherwise. 8. What should be checked during a walk around? The the following items must be included in the walk around check. You should also consult the guide to keeping your commercial vehicle roadworthy published by the RSA and available at In-cab items including (where applicable): External vehicle checks, including (where applicable): Checks with the engine started, including: Mirrors CRW, Tax and insurance discs Steering and brake operation Windows Tyres Driving controls Wheel condition and security Safety belts All lights and reflectors Windscreen washer and wipers Exhaust The horn Susie Connections The Tachograph Fifth wheel and locking devices ABS and EBS warning lights Steps 6

7 Instruments / Gauges / Warning Coupling Devices Vehicle body, doors and curtains Air leaks and pressure Landing legs and handle Trailer park brake Air suspension Number plates and marker plates Engine oil Water Windscreen washer reservoir Fuel levels and leaks Load security and weight distribution 9. What if I find a defect during a walk-around check? Where you discover a defect affecting the CVR vehicle you must, as soon as possible notify the owner of the CVR vehicle or the person who controls the activities of the vehicle of the following: a detailed description of the defect, the time and date of discovery of the defect, any temporary corrective measures taken by you to mitigate the effect of the defect. Where you discover a defect affecting the vehicle which needs to be repaired before commencing any journey or which you know would be a danger to yourself or to the public, you must not drive the CVR vehicle until the defect is inspected and, if necessary, repaired by a suitably qualified person. An inspection report must be completed and provided to the owner this inspection report may be an electronic or paper record 7

8 10. What are the obligations for repairs? Where a defect or condition affecting a CVR vehicle is discovered or reported, the owner of the vehicle or the person who is responsible for controlling and directing the operations of the vehicle must ensure that the defect is repaired by a suitably qualified person as soon as reasonably practicable. 11. The new regulations provide for a suitably qualified person what is their role? The Regulations provide that any inspection and maintenance of a CVR vehicle and any repairs or other actions that may be necessary to rectify, or prevent the occurrence of, a defect in a CVR vehicle shall be carried out by a suitably qualified person. A suitably qualified person is a mechanic or an equivalent person who by reason of his or her competence, relevant experience or qualifications has the capacity to assess the roadworthiness and safety of a CVR vehicle and conduct repairs and maintenance of the CVR vehicle. Therefore, a suitably qualified person is the person responsible for carrying out: inspection and maintenance of a CVR vehicle, and repairs or other actions as may be required to rectify, or prevent the occurrence of, a defect in relation to a CVR vehicle Where a suitably qualified person carries out inspection, maintenance, repair or other corrective action to a CVR vehicle, they must provide details of the outcome of the inspection, maintenance, repair or corrective action to the owner of the CVR vehicle What records need to be kept? The owner of a CVR vehicle must establish and maintain (whether electronically or in writing) records in relation to the inspection, maintenance and repair of the CVR vehicle. The RSA Guide to keeping you commercial vehicle roadworthy includes examples of record keeping systems but they should at least include the following: Vehicle Information The vehicle registration number The model and year of manufacture of the vehicle, and In the case of a vehicle that is held under a hire purchase agreement or leasing arrangement, the 8

9 commencement date and expiry date of the hire purchase agreement or leasing arrangement Defects Details of any defects discovered by the owner or a driver of the CVR vehicle or a suitably qualified person Maintenance Details of the continuous and regular inspections and maintenance carried out in relation to the CVR vehicle by a suitably qualified person, including: the name of the suitably qualified person, the dates on which inspections and maintenance are carried out, where the inspection or maintenance was not carried out by the owner of the vehicle or a competent person on his or her behalf, a copy of the invoice or receipt issued in relation to the inspection or maintenance Repairs Details of any repairs or other corrective actions carried out by a suitably qualified person, including: the name of the suitably qualified person, where the repair or other corrective action was not carried out by the owner of the vehicle or a competent person on his or her behalf, a copy of the invoice or receipt issued in relation to the inspection or maintenance, where a replacement part or component is required, a copy of the invoice or receipt in relation to the replacement part or component Other If the CVR vehicle is fitted with an odometer, the odometer reading at the time the inspection, maintenance, repair or other corrective action is carried out, Details of any test reports, pass statements and certificates of roadworthiness issued in relation to the CVR vehicle, and Copies of any documents issued by an authorised officer or CVR inspector. 13. Where do records need to be kept and for how long? You must keep the records outlined in question above: in the case of physical records, at your principal place of business or at the premises at which the vehicle is normally kept, or in the case of electronic records, at your principal place of business in the State, providing they can be accessed immediately 9

10 for no less than 2 years 14. How will the RSA be ensuring that operators meet their obligations? The wider enforcement activities are discussed under the enforcement section. However from 10 th September 2013 when Repairs and Maintenance Regulations (discussed in this section) came into effect, the RSA has significantly stepped up its enforcement activity through operator premises inspections. These inspections focus on both the roadworthiness of vehicles present during inspections and the systems and procedures in place to manage and record commercial vehicle maintenance and repairs. HCV and bus operators are being prioritised for operator premises inspections. 15. What is the annual declaration and who has to do it? Under the Act, owners & operators are required to furnish the Road Safety Authority with an annual declaration regarding the inspection, repair and maintenance of vehicles. Owners and operators using the following vehicles will be obliged to make an annual declaration: mechanically propelled vehicles used for the carriage of passengers with more than 8 seats, excluding the driver s seat goods vehicles having a design gross weight exceeding 3,500 kilograms goods trailers having a design gross weight exceeding 3,500 kilograms (excluding agricultural trailers) Ambulances Information to be included by owners in the declaration will include the name and contact information of owner of the CVR vehicle or CVR vehicles, fleet details including the registration number and chassis number of the CVR vehicle or CVR vehicles, types of vehicles trucks, buses, coaches, trailers etc arrangements for inspections, maintenance and repairs carried out in relation to the CVR vehicle or CVR vehicles, and details of the inspection, maintenance and repair records kept by the owner of the CVR vehicle or CVR vehicles. 10

11 The RSA is implementing the necessary IT infrastructure to enable vehicle owners to submit the required annual declaration through an on-line portal. RSA will be publish further information concerning the making of the annual declaration in due course. 16. What is the risk rating? As is currently the case in many European Countries the RSA intends to introduce a system of risk rating in respect of HCV owners and operators for the purposes of enforcement and to maximise the efficiency and effectiveness of enforcement resources. This means that operators will be risk assessed based on data collected at roadside checks, CVR testing centres and checks at operator premises. Those operators who are operate unsafe vehicles or who don t have proper maintenance and repair systems in place will be subject to more frequent and intense checks both at the roadside and at their premises. Enforcement will be targeted at the non-compliant operators. Operators who conduct frequent inspection and maintenance including safety checks of vehicles will most likely have a lower risk rating. It is planned that compliant operators will be checked less frequently and thereby experience less disruption to their daily business. There will also continue to be random checks. The risk rating system will take into account vehicle roadworthiness and tachograph & operator compliance. Together this risk rating system will be known as the Commercial Vehicle Operator Risk Indicator (CVORI). CERTIFICATE OF ROADWORTHINESS (CRW) & TEST DUE DATES Changes to the way CRW s and test anniversary dates work 17. Are there any changes to test anniversary dates / validity period of a CRW for vehicles? The current legal obligation for commercial vehicles to be tested annually, on the anniversary of the date of their first registration, remains. Motor caravans must be tested on the fourth anniversary of first registration and thereafter every two years until the vehicle is ten years old, after which annual testing applies. Motor Caravans registered prior to 1st January 1980 are exempt from testing. The examples 11

12 quoted in this section (below) are equally applicable to motor caravan owners taking into account the frequency of tests of motor caravans. 18. Why is my certificate of roadworthiness only valid for a short period after issue? The simple answer is because the test was overdue and the delay in the conduct of the test affects the validity period for the CRW. Commercial vehicles have always been required to be tested annually and the CRW issuing system is now aligned with this requirement. There is no advantage to operators delaying the conduct of the test. For example : In the case of vehicles tested up to 1 year late, the expiry date for the certificate of roadworthiness (CRW) will be one year from the expiry of the current CRW or the test due date. For example Expiry date Certificate of Test (pass) date New CRW expiry date Roadworthiness (CRW) / Test due date 15 th July st October th July 2014 In the case above the certificate of roadworthiness (CRW) is valid for 10 months because the test was late. The delay of the test impacts on the period of validity of the CRW. In the case of vehicles tested more than 1 year late, the next expiry date for the certificate of roadworthiness will be six months from the date of the pass statement. Any subsequent CRW will be based on the anniversary of the date of first registration. For example Expiry date Certificate of Test (pass) date New CRW expiry date Roadworthiness (CRW) 15 th July st October st April st April st October 2014 In the case above, when the owner issued with a CRW for 6 months presents the vehicle for the next test due on 1 April 2014, the subsequent CRW would expire on 1st October 2014 which is a further 6 months. Thereafter (if the vehicle is presented on time for test) the vehicle will receive a 12 month CRW. 12

13 In the above examples, the vehicles would have had to undergo the exact number of tests as if it had been tested on time. Any person who is purchasing a second hand-vehicle which has not been tested for over a year should be aware that they will be liable for the extra costs associated with tests. 19. Can I have my vehicle tested before the test due date? Yes. To assist operational flexibility, vehicle owners and operators will be able to bring forward their test by up to 30 days, and still receive the full certificate (i.e. it could therefore be valid for a maximum of 13 months). The next test due date will be the following years anniversary of 1st registration. For example Expiry date Certificate of Test (pass) date New CRW expiry date Roadworthiness (CRW) 15 th October st October th October Why is my certificate of roadworthiness only valid for a short period after issue? The simple answer is because the test was overdue and the delay in the conduct of the test affects the validity period for the CRW. Commercial vehicles have always been required to be tested annually and the CRW issuing system is now aligned with this requirement. There is no advantage to operators delaying the conduct of the test. For example: In the case of vehicles tested up to 1 year late, the expiry date for the certificate of roadworthiness (CRW) will be one year from the expiry of the current CRW or the test due date. For example Expiry date Certificate of Roadworthiness Test (pass) date New CRW expiry date (CRW) / Test due date 15 th July st October th July 2014 In the case above the certificate of roadworthiness (CRW) is valid for 10 months because the test was late. The delay of the test impacts on the period of validity of the CRW. Those who are less than one year overdue receive a shorter CRW for the first test, but, will get a full 12 months CRW provided they get the vehicle tested on time next time. 13

14 In the case of vehicles tested more than 1 year late, the next expiry date for the certificate of roadworthiness will be six months from the date of the pass statement. Any subsequent CRW will be based on the anniversary of the date of first registration. For example Expiry date Certificate of Roadworthiness Test (pass) date New CRW expiry date (CRW) 15 th July st October st April st April th July 2014 In the case above, when the owner issued with a CRW for 6 months presents the vehicle for the next test due on 1 April 2014, the subsequent CRW would expire on 15th July 2014 which is the anniversary date of the registration of the vehicle. In the above examples, the vehicles would have had to undergo the exact number of tests as if it had been tested on time. Any person who is purchasing a second hand vehicle which has not been tested for over a year should be aware that they will be liable for the extra costs associated with tests. 21. Can I have my vehicle tested before the test due date? Yes. To assist operational flexibility, vehicle owners and operators can bring forward their test by up to 30 days, and still receive the full certificate (i.e. it could therefore be valid for a maximum of 13 months). The next test due date will be the following years anniversary of 1st registration. For example Expiry date Certificate of Roadworthiness Test (pass) date New CRW expiry date (CRW) 15 th October st October th October

15 22. It doesn t suit me to get my vehicle tested on the current test due date, can I change my test due date? Yes. There may be a number of reasons why you would want to change the test due date for a commercial vehicle. If your vehicle is tested more than 30 days before the test due date and expiry of the Certificate of Roadworthiness, the next test due date for the vehicle would be 12 months from the date of the test and, in the case of a commercial vehicle, the CRW would be valid for 12 months from the date of the test. This will result in the annual test date being re-set in on the National Vehicle and Driver File and the vehicle will, from then onwards, will be due for its test on that date every year. For example : Expiry date Certificate of Test (pass) date New CRW expiry date Roadworthiness (CRW) 15 th December st October October Are there any changes to how I get my Certificate of Roadworthiness (CRW)? Yes, of major benefit to commercial vehicle owners, operators and drivers is the automatic dispatch (by post) of the new CRWs to the address of the registered owner as recorded on the National Vehicle & Driver File. This will save vehicle presenters a second trip (and fee) to process the CRW at the Motor Tax Office. Following the test, you will receive a pass statement or test report, as proof (and receipt) of the test conducted that day. Thus vehicle presenters will save time and fuel in future for each vehicle owned/operated. 24. What are the new rules for displaying CRW discs in commercial vehicles? The CRW includes a disk to be displayed on the windscreen of the vehicle. There is a legal obligation for the disk to be clearly displayed. The RSA and An Gardai Siochana will be checking the display of CRW discs as part of roadside enforcement and operator premises inspections. 25. Do CRW discs need to displayed on goods trailers? Yes, CRW discs need to be clearly displayed on goods trailers as close as possible to the registration plate or where it can be easily inspected. Owners and operators are responsible for ensuring that the disc is displayed on the vehicle. The RSA and AGS will be checking the display of CRW discs as part of roadside enforcement and operator premises inspections. 15

16 26. What if I want the CRW to go to a new owner because I m selling my commercial vehicle? The CRW will be issued to the owner of the vehicle registered on the National Vehicle and Driver File. However, in cases where a vehicle presented for testing is undergoing a change of ownership, the CRW can be issued to the new owner provided that the CVR tester is advised that the vehicle is undergoing a change of ownership at the time of the test. In such cases, the CVR tester will log that the vehicle is undergoing a change of ownership on the CVR information system and consequently the CRW will not be issued. This will last for a period of 14 days after which the CRW will automatically issue to the registered owner (as per the NVDF). If the change of ownership occurs on or before the expiry of the 14 days, then the new CRW will be issued to the new registered owner. 27. Can a CRW be revoked? Yes, where the RSA has grounds to believe that the pass statement should not have been issued or where the CRW has been lost or stolen. 28. Can I get a replacement CRW if mine is lost or stolen? Yes, from 1 st October, a replacement certificate can only be issued by the RSA. The registered owner of the vehicle applies to the RSA for a replacement Certificate of roadworthiness. You can download from the RSA website ( a form which you must get signed by a Garda before you forward it onto the RSA. This process will be detailed on the RSA website. From now on applications for CRW replacements will be required to be made to the RSA and should no longer be made to your local motor tax office. 29. What payment methods are accepted for applications for a replacement CRW?. Payments for replacement CRW must be made via credit or Debit cards. No other forms of payment will be accepted. Further details are contained in the application form for a replacement CRW which can be downloaded from Do I still need to exchange my pass statement for a CRW? If you have a hand-written Pass Statement (VTL6 or VT6) you need to exchange this for a CRW at the motor tax office. 16

17 From 1 October 2013, the Certificate of Roadworthiness will be automatically generated and posted to the registered owner of the vehicle. TESTING - reforms related to commercial vehicle testing 31. What changes have already taken place to the way commercial vehicles are tested? From 27th March 2013, responsibility for commercial vehicle testing in Ireland transferred to the RSA from local authorities. This means that the RSA is now responsible for the authorisation and supervision of the commercial vehicle test operators and testers. On 25th September 2013, S.I. No. 347 of 2013 (COMMERCIAL VEHICLE ROADWORTHINESS (VEHICLE TESTING) (NO. 2) REGULATIONS 2013) came into effect. The reforms are disucussed in both this, and the preceeding section. Booking & CVR tests 32. Are there any changes to test booking and scheduling? Yes. The RSA has introduced a new online booking tool to facilitate commercial vehicle owners and operators who wish to make a request for a vehicle test booking at a testing centre. This booking facility will mean that you can gain operational and business efficiencies through reduced paperwork and administration. The facility exists to upload any required vehicle documentation on the online booking system. This will eliminate the need for you to bring this documentation with you when you present your vehicle for test. Another benefit of the online booking system is that CVR testing centres are able to issue test reminders to you, upon agreement, by means of or SMS. The online booking tool will not prevent CVR testing centres being able to test vehicles at short notice and walk in bookings will still be permitted. 17

18 33. is a driver required to produce identification when a commercial vehicle is presented for test? Yes. The person presenting the vehicle is required to produce a valid driving licence or a passport when the vehicle is presented for test. This is similar to the arrangements that apply to the NCT test. 34. Will a Certificate of Roadworthiness (CRW) issue without Presenter ID? No. Where a vehicle has been deemed roadworthy but you fail to provide the necessary identification (passport or drivers licence) or vehicle documentation (discussed in this section) to the CVR testing centre a Certificate of Roadworthiness (CRW) will not be issued. The CRW will be automatically issued when you return to the CVR testing centre with the required presenter identification. 35. Are there any changes to the documents I need to produce when presenting a commercial vehicle for a test? Yes, one of the key benefits of the new integrated IT system is that in the majority of cases you no longer need to present your vehicle(s) registration document(s) to the CVR testing centre as the registration details are already on the system. CVR testing centres are also able to upload vehicle modification approval document(s) and tachograph declaration form(s) in order that you only need to present these once for scanning and then they will be held on the system thereafter. However, the presenter of the vehicle is required to produce identification as discussed in the question above. 36. Are there any changes to test fees? Yes. New fees for testing have been advertised in national press and are available via the RSA website ( and via the testing network. RSA has already consulted industry on the estimated fee levels for tests. Information on the estimated fee levels was published in the RSA s November 2011 Public Consultation with the transport industry (please see Vehicle/Vehicle-Standards/Information-Notes-Consultations--EU-proposals-/Consultations-/Closed-Consultations/CVR-Operator- Consultation/). 18

19 37. How did the levy fees get decided? When the RSA consulted with operators in early 2012, it indicated the levy would be in the following ranges: HGV classified : LGV classified : The levies which are now set, reflect the following: HCV operators will benefit more from the Commercial vehicle Roadworthiness reform programme through operator premises inspections and obligations to declare the fleet on annual basis. The levy for HCV s was set within or close to the estimates because of the excellent value for money secured by the RSA in its procurements. The levy for LCV s reflects the fact that while LCV s will benefit from the significant testing reforms they will not benefit to the same degree from increased enforcement at the roadside and operator premises. The RSA is ensuring that the reform measures are being introduced in a manner which will has significant business benefits for operators including online booking of tests, reducing the requirement to bring paper certificates at test, eliminating the need to visit a motor tax office for Certificate of Roadworthiness which will now issue automatically in the post. The levy should be more than recouped by operators through these and other administrative benefits. 38. Does the road safety levy apply to all tests and what will it be used for? It only applies to annual tests, not re-tests. The road safety levy is necessary to finance the reform programme which aims to deliver safety roads for all users, a level playing field for operator and support commercial vehicle operators and drivers in meeting their 19

20 obligations. It will be used to fund the enhanced supervision, enforcement and compliance measures being introduced by the RSA. This will include, for example, increased presence at the roadside and in Ports, and the commencement of visits to operator premises to review roadworthiness and safety records and practices. 39. Are there any changes to the actual commercial vehicle test? There are some changes to the testing procedure which have been published by the RSA online in the HCV and LCV test manuals at Many of the changes relate to the way testers use the new IT system; however there are no fundamental changes to the test itself. 40. CCTV and ANPR cameras are now installed in CVR testing centres. What do they record? The CCTV and ANPR (Automated number plate recognition) cameras installed by the Authority record activity on the test lane(s) and the data isstored on the Authority s computer systems for a number of months. The evidence stored by CCTV and ANPR cameras is used for commercial vehicle testing quality review purposes and may form part of any investigation into commercial vehicle testing. Activities that are not related to the testing of commercial vehicles are not a matter for the Authority. The Road Safety Authority will at all times comply with the requirements of Data Protection legislation. 41. Can CVR testing centres stop a vehicle deemed dangerously defective from driving away from a testing centre? Not at the moment but operators should be aware that it would be an offence under Section 54 of the Road Traffic Act 1961 for a person to drive a vehicle in a public place while there is a defect affecting the vehicle which he/she knows is such that the vehicle, when in motion, is a danger to the public. Where a vehicle is identified as being dangerously defective during a test, the CVR test will place a Fail Dangerous sticker on the vehicle or goods trailer this will publicly expose the vehicle as a dangerously defective vehicle. In the event that a Road Safety Authorised authorised officer is present at the testing centre when a vehicle is issued with a Fail Dangerous sticker, he/she will be entitled under the law to issue a direction to the driver/owner of the vehicle requiring that the vehicle 20

21 be repaired and tested before being driven away from the testing centre. In addition, it is intended that, if present at the testing centre, an authorised officer will also be entitled to detain, immobilise, remove and dispose of a dangerously vehicle if the vehicle is likely to be used on a public road. 42. Will the RSA s new testing supervision arrangements cause any disruption to me when my commercial vehicle(s) visit a test centre? An inspector may request that a vehicle be resubmitted for a repeat test immediately on a random basis or if he/she has concerns about the manner of the test carried out on the vehicle. While inconvenience will be minimised to the greatest possible extent, the overall objective of a repeat inspection is to be assured that the test has been undertaken correctly. On rare occasions, you may also be contacted by the RSA if there is reason to suspect a recent test may not have been conducted properly. In such occasions, a repeat test may be required which may be done under the supervision of an RSA authorised officer. Re-Tests & other 43. Can I get a re-test done at an alternative CVR testing centre? A vehicle must be retested at the same Commercial Vehicle Test Centre where the original test was completed. If you choose to use an alternative testing centre, for any reason, a full test will be carried out at the second testing centre. 44. Can my commercial vehicle be re-called for a retest after it has passed, and if so, why? Yes, where an RSA inspector or a member of the Garda Siochana believes that the test was not carried out correctly, they can require the vehicle to be presented for a new test. 21

22 45. I am dissatisfied with the results of a commercial vehicle test, what can I do? You must submit a complaint in writing to the test centre where the vehicle was tested. The complaint shall state the following: (a) your name, address and contact details; (b) the vehicle registration number and the date the vehicle was tested; and (c) your complaint You should receive a written acknowledgement of the receipt of your complaint from the test centre within three working days of the receipt of the complaint. You should receive a response to your complaint within 14 working days. 22

23 ENFORCEMENT reforms related to RSA enforcement activity 46. What new powers will the RSA have in relation to roadworthiness enforcement? Authorised officers may: enter a premises where large commercial vehicles or documentation or records are kept search a premises to locate vehicles inspect vehicles and any facilities or equipment for the maintenance and repair of vehicles at the premises require the owner or the person in charge of the premises or the vehicle to produce records or documents relating to the testing, inspection, repair and maintenance of vehicles and to give information in relation to any entries in the records inspect and take extracts from records and documents remove and retain books for further examination require any person in charge of the premises to give him any information or data with the regard to the testing, inspection, repair or maintenance of vehicles The Authority has already published information on the role and functions of authorised officers which can be downloaded from the RSA website at How might I be inspected by the Authority in future? The following types of inspections will be conducted by RSA authorised officers: Roadside Enforcement for assessing compliance related to your roadworthiness and drivers hours obligations Operator Premises Inspections for assessing compliance related to your obligations for one or more of the following; roadworthiness,, maintenance, repairs and records keeping compliance in relation to HCV, LCV, buses and coaches, trailers as well as tachograph and driver s hours compliance if relevant. 23

24 48. What is the new risk-targeting approach being adopted by the RSA? (not applicable to motor caravans, LCV) The risk rating will take into account vehicle roadworthiness & drivers hours/tachograph compliance together to come up with an overall risk rating which will be known as the Commercial Vehicle Operator Risk Indicator (CVORI). Enforcement will be targeted, using the CVORI, towards those who choose not to properly maintain and test their fleet annually or those who choose not to comply with driver s hours & tachograph legislation. A benefit of this approach is that the more compliant you are in both of these areas, the less likely you are to be targeted for enforcement activity. Once the CVORI has been sufficiently developed with data, you will then be able to view your risk rating online and compare it with national and regional averages. 49. Will I be obliged to stop for an RSA Authorised Officer to inspect the roadworthiness of my commercial vehicle? RSA personnel will be relying on the Garda Siochana to stop vehicles for the purposes of inspections. RSA authorised officers will have powers to inspect any commercial vehicle in any public place or where he/she believes the vehicle has been used in a public place. 50. What is a vehicle prohibition? A vehicle prohibition is a direction served on a driver or owner of a CVR vehicle that prohibits or bans the use of a vehicle on a public road and requires that it be repaired and presented for a CVR test before further use. A prohibition will be lifted when the vehicle has satisfactorily passed a CVR test. RSA is proposing that there will be immediate prohibitions and deferred prohibitions In general terms, immediate prohibitions will have immediate effect because of the severity of the defects and the possible threat to the safety of the public. A deferred prohibition means that the vehicle is being allowed to proceed but repairs must be affected within 10 days or sooner if the repairs are not undertaken and the vehicle tested, the vehicle will automatically be deemed to have been issued with an immediate prohibition. 24

25 51. If my vehicle is inspected at the roadside and the RSA Vehicle Inspector directs that the vehicle be taken to a test centre for further inspection, who will pay for that inspection or test? Responsibility for all costs associated with the taking of a vehicle to a testing centre, the repair of the vehicle and subsequent testing of the vehicle are matters entirely for the owner or driver of the vehicle. 52. Will the RSA be able to remove and /or detain commercial vehicles? Yes, the RSA and the Gardai will be able to issue a direction in respect of the removal, storage, release or disposal of vehicles that are found to be defective during the course of roadside checks. RSA will be publishing further information in this regard before the end of the year 53. If the RSA detain a vehicle, how and when will it get released? RSA is proposing that if a vehicle is detained at the request of an RSA inspector, it will be released when the owner or person claiming the vehicle: has rectified the defects completes a CVR test of the vehicle (this may be a partial test or a full test depending on the circumstances) pays any charges arising in respect of the detention, removal and storage of the vehicle provides the necessary identification and vehicle documentation 54. What happens if a detained vehicle is not claimed? The exact arrangements in this regard remain to be worked out. In general terms the RSA will take all practicable measures to establish ownership of a detained vehicle in accordance with the relevant statutory requirements. It is envisaged that, if a detained vehicle is not claimed, the RSA may arrange for the sale or scrapping of vehicle. The RSA will be publishing further information concerning the arrangements relating to the detention, storage, release or disposal of vehicles before the end of the year. 25

26 55. How can we be sure that RSA technical inspection standards are consistent and high quality? The RSA has appointed a Technical Services Provider to support the Authority s drive to supervise and enforce standards in relation to the roadworthiness and maintenance of Commercial Vehicles. Technical Inspectors will be required to conduct a number of different types of technical inspections and follow up inspections at Operator s premises and CVR testing centers. There are a range of measures in place to ensure that RSA technical inspection standards are consistent and high quality. These include: Adherence to Standard Operating Procedures (SOPs) Ongoing reviews of proficiency of inspectors Rotation of inspectors to ensure impartiality Ongoing training of inspectors Adherence to Key Performance Indicators A confidential feedback service available to CVR testing centres, CVR testers and CVR Operators RSA Vehicle Inspectors will predominantly focus on inspecting vehicles at the roadside, but may also conduct inspections at CVR testing centres or at Operators premises as part of their duties. 56. How qualified are RSA Inspectors? RSA Inspectors hold a senior trade certificate or National Craft Certificate in a relevant skill area, including Light Vehicle (car), HCV, Agricultural or Construction Mechanic, to at least FETAC (the Further Education and Training Awards Council) Level 6, or an equivalent qualification. 26

27 Commercial Vehicle Roadworthiness (CVR) Programme Information 1. What is the background to these reforms? Roadworthiness testing of commercial vehicles (CVT) has been in existence for approximately 29 years. During this time there have been developments in testing standards, although the administration of the scheme has remained relatively unchanged. Heavy goods vehicle testing commenced in 1982 and light goods vehicle testing commenced in On foot of the tragic events of incidents such as Kentstown and Clara, in 2006 the Minister for Transport asked the RSA to investigate the regime for testing the roadworthiness of commercial vehicles in Ireland. This led to the 2007 Commercial Vehicle Testing Review Report which made 25 recommendations across a range of areas relating to commercial vehicles namely: test centre operations; IT and Management Information Systems; scope of testing; supervisory arrangements; enforcement; operator maintenance records; and ADR. The RSA published the report and presented its findings to the transport industry, test centre managers, local authorities and other stakeholders. The RSA is now in the process of implementing these recommendations which are targeted to deliver a step change in the quality of commercial vehicles (heavy goods vehicles (HCVs), public service vehicles (PSVs) and light goods vehicles (LCVs) using Irish roads and thereby help improve road safety, reduce congestion and improve the culture of safety within the transport industry. 27

28 2. What is the legislative basis for these reforms? The Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 provides the basis for these reforms. The Act includes the authorisation of CVR testing centres, CVR testers, enforcement and the responsibilities of vehicle owners to maintain vehicles in a roadworthy condition. Some of the detail of the requirements to be complied with by vehicle owners will be specified in regulations. Further information on the regulations is available on the RSA website at 3. What is the scope of the Commercial Vehicle Roadworthiness reforms? The reforms have three key strands: Commercial vehicle testing (periodic checks); Roadside enforcement; and Operator compliance measures (operator checks). The diagram below summarises these three strands, and how the RSA has defined standards (in the centre of the diagram) and operationalised the reforms through strategies, processes and operational planning. 28

29 4. What are the present levels of commercial vehicle roadworthiness and annual testing compliance? Current rates of annual testing compliance are unacceptable. Of 1,000 randomly sampled commercial vehicles aged 5 years, only 70% of the legally required tests were conducted (i.e. 3,500 out of 5,000). This contributes to poor roadworthiness standards. Further, testing compliance rates for trailers are also unacceptable. There are approximately 45,000 trailers registered on the National Vehicle & Driver File (NVDF) but only 19,000 of those trailers were tested during Also, roadside inspections carried out by the RSA over the past 2 years have found that around 55% of trailers inspected do not have a valid Certificate of Roadworthiness. 5. What are the timescales for these reforms? There will be a phased commencement of the provisions of the Act and the regulations: 27 th March 2013: transition of testing supervision powers from the Local Authorities to the Road Safety Authority 10 September 2013: Vehicle operator repair and maintenance regulations come into effect 25 th September 2013: New testing regulations come into effect except provisions relating to new fees which come into effect from 7 th Octiber

30 Early 2014: Regulations concerning detention, immobilisation, storage, release or disposal of vehicles come into effect Updates to the timescales of the above will be available on the RSA website at and via updates to this document 6. What are the principles underpinning the RSA s approach to raising roadworthiness standards? The RSA has applied the following principles to the formation of these reforms: Fairness and transparency: the RSA will fulfil its regulatory oversight obligations in a manner that is consistent, fair, impartial and open; Equal treatment, and equal focus upon all users of commercial vehicles on Ireland s roads; whether o o o licensed by the Road Transport Operator Licensing group within the Department of Transport, Tourism and Sport (also known as hire and reward operators); non-licensed ( which includes own account operators); or an operator who does not have an address in the State. A risk-based approach to compliance: the RSA will conduct ongoing risk assessments of operators and owners of commercial vehicles based upon a range of factors including outcomes of inspections of their vehicles at CVR testing centres, at the roadside and at the operators premises, to enable risk-based targeting and enforcement. In this way the RSA will focus investigation and enforcement resources on those operators and owners who are non-compliant or who do not implement sufficient controls to ensure the roadworthiness of their vehicles. By contrast those owners and operators who are found to be compliant on an ongoing basis will be subject to less frequent inspection; Remedies proportionate to the seriousness of infringement: the RSA has developed a range of remedies proportionate to the nature of the infringement found, ranging from advice and education through to more serious enforcement actions 30

31 Zero tolerance: the RSA takes a zero tolerance approach to handling cases of fraud, bribery, taking improper payments, wilful negligence and other actions demonstrating a lack of regard for public safety by a CVR testing centre or CVR tester; and Adherence to European Commission guidance: the RSA adheres to the European Commission guidance in relation to the classification of infringements (Commission Recommendation: 2010/379/EU) and alignment to the use of risk-based targeting and enforcement of standards related to vehicle roadworthiness. 7. What are the key benefits of the CVR reforms? There are a wide range of business, operational and commercial benefits associated with these reforms (and these are further explained in the sections that follow). Business and operational efficiencies. A proper safety and maintenance programme will reduce breakdowns, and improve vehicle fuel efficiency, improve re-sale values, and optimise the life-span of replacement parts. You will save time and cost through no longer having to visit your motor tax office to get your CRW. The new online system will assist by providing a repository for your fleet management information and a tool to support your ongoing maintenance and testing arrangements that make it easier for you to manage your fleet and ensure that you are compliant with vehicle roadworthiness requirements. The risk rating system will support enforcement operations with targeting information, ultimately meaning that operators with high compliance in vehicle roadworthiness and driver hours and are less likely to be stopped at roadside checks, which will help minimise unscheduled disruptions to your operations. Enhanced reputation nationally and internationally. Evidence of compliance of roadworthiness can be used to commercial advantage by proactively sharing evidence of good practice with your customers. 31