Róisín Shortall (Dublin North West, Labour)
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Question 524: To ask the Minister for Transport further to Parliamentary Question No. 424 of 14 February 2006, the provision of EU Directive 96/96/EC which prevents the Government requiring foreign registered cars from undergoing the Irish national car test if there is no proof that such a test has been carried out in the vehicle's country of registration. [11107/06]

Róisín Shortall (Dublin North West, Labour)
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Question 525: To ask the Minister for Transport, in respect of each of the past ten EU accession countries, the notification he has had of the way in which vehicles from each of these countries are proved to have undergone and passed a roadworthiness test; if he will provide other information at his disposal on the way in which the requirement under paragraph 2 of Article 3 of EU Directive 96/96/EC to recognise roadworthiness tests in each of these countries is complied with. [11108/06]

Róisín Shortall (Dublin North West, Labour)
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Question 526: To ask the Minister for Transport the reason foreign registered cars are not subjected to the national car test when there is no specific exclusion provided for this category under SI 405/2003. [11109/06]

Martin Cullen (Waterford, Fianna Fail)
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I propose to take Questions Nos. 524 to 526, inclusive, together.

The framework at European level in regard to compulsory periodic roadworthiness testing of motor vehicles is set down in EU Directive 96/96/EC. The directive specifies the categories of vehicles liable to testing, the minimum frequency of testing of vehicles, the items that have to be tested and the arrangements for testing. The directive requires that a vehicle liable to roadworthiness testing must be tested in the member state in which it is registered and that the proof of passing a roadworthiness test issued by that member state must be recognised in other member states. These provisions are set out in Articles 1 and 3 of the directive. The directive has been implemented in relation to the roadworthiness testing of motor cars in Ireland by means of the Road Traffic (National Car Test) Regulations 2003.

The directive does not contain provisions to enable a member state, irrespective of the circumstances involved, to require a vehicle registered in another member state to be made subject to a roadworthiness test in its territory for the purposes of the directive. To do so would be contrary to Internal Market rules for road transport in facilitating the free circulation of vehicles within the EU. However, motor vehicles brought into Ireland from abroad, other than those brought in temporarily by visitors, must be registered with the Revenue Commissioners by the end of the next working day following their arrival in the State. Once a vehicle has been registered by the Revenue Commissioners, it becomes liable to roadworthiness testing in accordance with Irish law.

My Department has no record of having received notifications in accordance with Article 3 of Directive 96/96/EC from the most recent accession member states and is not familiar with the precise arrangements in place in those member states for the enforcement of the directive's requirements. However, given that the directive requires member states to ensure vehicles passing roadworthiness tests in their jurisdictions for the purposes of the directive are issued with proof of such status, it is open to a member state to require a driver of a vehicle, regardless of the member state in which it is registered, to produce the proof of roadworthiness for the vehicle to establish its roadworthiness status vis-À-vis the directive's requirements. There is no evidence available to my Department to suggest that there is a particular problem in compliance with the directive's requirements by non-Irish EU registered vehicles using Irish roads.

An extensive range of requirements must be satisfied to use a motor vehicle in a public place in Ireland regardless of the country of registration of the vehicle. In that regard, all cars are required to comply with statutory requirements relating to the construction, equipment and use of vehicles as set out in the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2002, the Road Traffic (Construction and Use of Vehicles) Regulations 2003 to 2004, and the Road Traffic (Lighting of Vehicles) Regulations 1963 to 1996. The use of a vehicle in contravention of these regulations, regardless of its country of registration, would constitute an offence and leave a person open to prosecution under road traffic law.

Róisín Shortall (Dublin North West, Labour)
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Question 527: To ask the Minister for Transport the number of vehicles required to undergo a national car test in each of the past five years; the number of these that failed to undergo a national car test; the procedures in place in the national car test service to follow up with the Garda where a vehicle does not undergo a test; the data shared between the Garda and the national car test service on a routine basis; and if he will make a statement on the matter. [11112/06]

Martin Cullen (Waterford, Fianna Fail)
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Section 18 of the Road Traffic Act 1961 imposes a specific requirement on persons not to use a vehicle liable to roadworthiness testing unless it has a valid test certificate. To assist car owners to comply with this requirement, National Car Testing Service Limited, NCTS, contacts car owners in advance of the test due date for their vehicle and provides them with a provisional NCT test appointment. The offer of a provisional appointment is undertaken by the company as a customer service measure and unless the car owner confirms the appointment within a particular timeframe it is automatically cancelled. Given that the requirement to have a valid test certificate applies in relation to the use of a vehicle and not solely on the age of a vehicle, it is not possible to state accurately the number of vehicles that are required to undergo a NCT in a particular year.

Data on the roadworthiness testing status of a vehicle are recorded on the national vehicle and driver file, NVDF, which is maintained by the vehicle registration unit of the Department of the Environment, Heritage and Local Government. Following the issue of a test certificate for a vehicle by NCTS, data in relation to the certificate are transmitted electronically to the vehicle registration unit for inclusion in the file for the vehicle concerned. I understand that the Garda has access to the NVDF for the purposes of enforcement of road traffic law. While there is no systematic transfer of data between NCTS and the Garda, I could see no difficulty in NCTS making available to the Garda data held by the company concerning vehicles were it to request such information for the purposes of enforcing road traffic legislation.