STATUTORY INSTRUMENTS.

S.I. No. 25 of 2005 .

CARRIAGE OF DANGEROUS GOODS BY ROAD ACT 1998 (FEES AND SECTION 18 PAYMENTS) REGULATIONS 2005.

S.I. No. 25 of 2005 .

CARRIAGE OF DANGEROUS GOODS BY ROAD ACT 1998 (FEES AND SECTION 18 PAYMENTS) REGULATIONS 2005.

I, TONY KILLEEN, Minister of State at the Department of Enterprise, Trade and Employment in exercise of the powers conferred on me by sections 5 and 18 of the Carriage of Dangerous Goods by Road Act 1998 (No. 43 of 1998) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) Order 2004 ( S.I. No. 809 of 2004 ), hereby make the following regulations:

Citation

1. These Regulations may be cited as the Carriage of Dangerous Goods by Road (Fees and Section 18 Payments) Regulations 2005.

Interpretation

2. In these Regulations--

“accreditation” means accreditation in accordance with ISEN 45004;

“Act” means the Carriage of Dangerous Goods by Road Act 1998 (No. 43 of 1998);

“authorised examiner” has the meaning assigned to it by the Principal Regulations;

“Authority” means the National Authority for Occupational Safety and Health;

“competent authority” means a competent authority appointed by the Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order 2004 (S.I. No. ---- of 2005);

“inspection body” means an inspection body referred to in Regulation 8 of the Principal Regulations;

“ISEN” means Irish Standard Specification 45004: 1995 entitled “General criteria for the operation of various types of bodies performing inspection” published by the NSAI;

“MEGC” means a “Multiple-element gas container”;

“INAB” means the Irish National Accreditation Board;

“NSAI” means the National Standards Authority of Ireland;

“Principal Regulations” means the Carriage of Dangerous Goods by Road Regulations 2004 ( S.I. No. 29 of 2004 ).

Prescription of persons by whom fees are payable

3. Persons by whom fees are payable under Regulation 4, 5, 9, 10, 11, 12 or 16 are prescribed as a class of persons for the purposes of section 5(1) of the Act.

Fees payable in respect of services provided

4. A competent authority, authorised examiner or accreditation body may charge and is entitled to be paid for the provision by it of a service or the performance of a duty imposed on it under these Regulations, including--

(a) accreditation of a body as an “inspection body” for the purposes of Regulation 8 and Part 7 of the Principal Regulations,

(b) conducting an annual technical inspection of a vehicle for the purposes of Regulation 16(c) and paragraph 2 of Schedule 3 to the Principal Regulations and issuing a vehicle certificate of approval for the purpose of those Regulations,

(c) approval of courses for the training of drivers for the purposes of Regulation 42 of the Principal Regulations,

(d) the continual inspection and validation of approved training courses,

(e) organisation and supervision of examinations, issuing of a driver training certificate, extension of the validity of a driver training certificate or the replacement of a driver training certificate for the purposes of Regulations 47 to 52 of the Principal Regulations,

(f) recognition or approval, or both, of procedures for testing the design types of packagings for the purposes of Regulation 12(d) of the Principal Regulations,

(g) carrying out design type approval or issuing a certificate of type approval of portable tanks, MEGCs, fixed tanks, demountable tanks, tank containers or battery vehicles for the purposes of Regulation 12(d) of the Principal Regulations, or

(h) issuing replacement vehicle certificates of approval for the purposes of Regulation 60 of the Principal Regulations.

Fees payable in connection with accreditation

5. The INAB, in relation to the accreditation of a body as an inspection body for the purposes of Regulation 8 of the Principal Regulations, shall charge the applicant fees in accordance with the INAB Schedule of Fees, published annually and available as an attachment to the Regulations for INAB Accredited Organisations (RI) or as a stand alone document.

Obligation of applicant to INAB

6. The applicant, as the ordering party in accordance with the terms and conditions agreed with the INAB, shall compensate the INAB in full for its services.

Terms and conditions

7. The fees referred to in Regulation 5 are payable in accordance with the terms and conditions stated on the invoice issued by Forfas, on behalf of the INAB, in relation to the provision of its services.

Forfas

8. Forfas, acting on behalf of the INAB, may recover as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable, any amount due and owing to it under these Regulations.

Fees payable in connection with vehicle annual technical inspection

9. There shall be paid to the relevant authorised examiner, by the carrier --

(a) a fee of €151.25 with each application for a vehicle technical inspection by the authorised examiner for the purposes of Regulation 16(c) and paragraph 2 of Schedule 3 to the Principal Regulations,

(b) a fee of €14.40 in respect of each application for an amendment to, or re-validation of, a vehicle certificate of approval, and

(c) a fee of €30 in respect of each application for a replacement vehicle certificate of approval.

Fees payable by training provider

10. There shall be paid to the competent authority by a training provider --

(a) a fee of €2,300 with each application for approval of an initial training course by the Authority for the purposes of Regulation 42 of the Principal Regulations,

(b) a fee of €680 with each application for approval of a refresher training course by the Authority for the purposes of Regulation 42 of the Principal Regulations,

(c) a fee of €680 with each application of an initial tank specialisation course by the Authority for the purposes of Regulation 42 of the Principal Regulations,

(d) a fee of €680 with each application for approval of a refresher tank specialisation course by the Authority for the purposes of Regulation 42 of the Principal Regulations,

(e) a fee of €50 with each application for approval of an additional or replacement trainer by the Authority for an approved course for the purposes of Regulation 42 of the Principal Regulations,

(f) a fee of €680 with each application for approval of an initial Class 1 specialisation training course by the Department of Justice, Equality and Law Reform for the purposes of Regulation 42 of the Principal Regulations,

(g) a fee of €680 with each application for approval of a refresher Class 1 specialisation training course by the Department of Justice, Equality and Law Reform for the purposes of Regulation 42 of the Principal Regulations,

(h) a fee of €680 with each application for approval of an initial Class 7 specialisation training course by the Radiological Protection Institute of Ireland for the purposes of Regulation 42 of the Principal Regulations,

(i) a fee of €680 with each application for approval of a refresher Class 7 specialisation training course by the Radiological Protection Institute of Ireland for the purposes of Regulation 42 of the Principal Regulations,

(j) an annual fee of €900 in respect of the continual inspection and validation of a training course by the Authority,

(k) an annual fee of €900 in respect of the continual inspection and validation of a training course by the Department of Justice, Equality and Law Reform, and

(l) an annual fee of €900 in respect of the continual inspection and validation of a training course by the Radiological Protection Institute of Ireland.

Fees payable by examination candidates

11. There shall be paid to the relevant competent authority or the Minister by candidates --

(a)  a fee of €110 with each application for an initial basic or initial specialisation examination to be carried out with the approval of the relevant competent authority for the purposes of Regulation 47 of the Principal Regulations,

(b)  a fee of €110 with each application for a refresher basic or refresher specialisation examination to be carried out with the approval of the relevant competent authority for the purposes of Regulation 47 of the Principal Regulations,

(c)  a fee of €110 with each application for a specialisation examination, not taken with a basic examination, to be carried out with the approval of the relevant competent authority for the purposes of Regulation 47 of the Principal Regulations,

(d)  a fee of €15 in respect of each application for an amendment to, or re-validation of, a driver training certificate, in accordance with Regulations 48 to 51 of the Principal Regulations, or

(e)  a fee of €15 in respect of each application for a replacement driver training certificate, in accordance with Regulation 52 of the Principal Regulations.

Fees payable in connection with the recognition and approval of procedures for testing packagings

12. The NSAI shall charge--

(a)  the applicant a fee for the recognition or approval of procedures for testing the design types of packagings for the purposes of Regulation 12(d) of the Principal Regulations, which fee shall include all administration costs, and

(b)  a fee for amendment to, or re-validation or replacement of, an approval referred to in paragraph (a), which fee shall include all administration costs.

Obligation of applicant to NSAI

13. The applicant, as the ordering party in accordance with the terms and conditions agreed with the NSAI, shall compensate the NSAI in full, for its services.

Terms and conditions

14. The fees referred to in Regulation 12 are payable, at the latest 30 days from the date of the invoice issued by the NSAI, in relation to the provision of its services.

NSAI

15. The NSAI may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable, any amount due and owing to it under these Regulations.

Fees payable in connection with tank, tank container and receptacle type approval and testing

16. The NSAI shall charge--

(a) the applicant a fee for the issue of an ADR type approval certificate for tanks and tank containers for the purpose of Regulation 12(d) of the Principal Regulations, which fee shall include all administration costs, and

(b) a fee for amendment to, or re-validation or replacement of, an ADR type approval certificate referred to in paragraph (a), which fee shall include all administration costs.

Obligation of applicant to NSAI

17. The applicant, as the ordering party in accordance with the terms and conditions agreed with the NSAI, shall compensate the NSAI in full for its services.

Terms and conditions

18. The fees referred to in Regulation 16 are payable, at the latest 30 days from the date of the invoice issued by the NSAI, in relation to the provision of its services.

NSAI

19. The NSAI may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable, any amount due and owing to it under these Regulations.

Section 18 payments

20. The amount specified in subsection 18(2)(b) of the Act, as varied by Regulation 84 of and Schedule 5 to the Principal Regulations, is further varied by substituting “€250” for “€190”.

Miscellaneous

21. (1) Fees received by the Minister or the Minister for Justice, Equality and Law Reform under these Regulations shall be paid into the Exchequer in accordance with the directions of the Minister for Finance.

(2) Any fees prescribed by these Regulations are not inclusive of Value Added Tax.

(3) Any fees payable under Regulation 3 shall not include any costs connected with--

(a) a criminal investigation or prosecution, or

(b) an appeal

under Regulation 83 of the Principal Regulations.

Revocation

22. The Carriage of Dangerous Goods by Road (Fees) Regulations 2001 ( S.I. No. 494 of 2001 ) are revoked.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations are complementary to--

(i)  the Carriage of Dangerous Goods by Road Regulations 2004 ( S.I. No. 29 of 2004 ) -- [“the Principal Regulations”], which apply to the carriage, in tanks, in bulk and in packages, of dangerous goods by road; in implementing the provisions of the technical Annexes to the “European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR) 2003”, and

(ii)   the Carriage of Dangerous Goods by Road Act 1998 (Appointment of Competent Authorities) Order 2004, which specify the competent authorities for the purposes of “the Principal Regulations”.

The Regulations revoke and replace the Carriage of Dangerous Goods by Road (Fees) Regulations 2001 ( S.I. No. 494 of 2001 ).

The Regulations specify the fees that may be charged by a competent authority, authorised examiner or accreditation body, including--

1.   accreditation of a body as an “inspection body” for the purposes of Regulation 8 and Part 7 of the Principal Regulations,

2.   conducting an annual technical inspection of a vehicle, for the purposes of Regulation 16(c) and paragraph 2 of Schedule 3 to the Principal Regulations and issuing a vehicle certificate of approval, for the purpose of those Regulations,

3.   approval of courses for the training of drivers for the purposes of Regulation 42 of the Principal Regulations,

4.   the continual inspection and validation of approved training courses,

5.   organisation and supervision of examinations, issuing of a driver training certificate, extension of the validity of a driver training certificate or the replacement of a driver training certificate for the purposes of Regulations 47 to 52 of the Principal Regulations,

6.   recognition and or approval of procedures for testing the design types of packagings for the purposes of Regulation 12(d) of the Principal Regulations,

7.   carrying out design type approval or issuing a certificate of type approval of portable tanks, MEGCs, fixed tanks, demountable tanks, tank containers or battery vehicles for the purposes of Regulation 12(d) of the Principal Regulations, or

8.   issuing replacement vehicle certificates of approval for the purposes of Regulation 60 of the Principal Regulations.