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Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (No. 16)Introductory TextActs Referred toPart 1 Preliminary and General (ss. 1-3)1. Short title, commencement, collective citation and construction.2. Definitions.3. Regulations.Part 2 Commercial Vehicle Roadworthiness (ss. 4-48)Chapter 1 Mandatory roadworthiness testing and certificate of roadworthiness (ss. 4-8)4. Mandatory roadworthiness testing of certain vehicles.5. Certificate of roadworthiness.6. Offence of using CVR vehicle without certificate of roadworthiness.7. Power to require production of certificate of roadworthiness.8. Production of certificate of roadworthiness when licensing mechanically propelled vehicle under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952.Chapter 2 CVR test operators and CVR testers (ss. 9-29)9. CVR test operators.10. Transitional provision - authorised testers under Regulations of 2004.11. Requirements for issue, amendment and renewal of authorisation as CVR test operator.12. Fit and proper person.13. Offer of authorisation or amended authorisation as CVR test operator.14. Amendment of authorisation.15. Renewal of authorisation as CVR test operator.16. Applications for authorisation and amendment or renewal of authorisation as CVR test operator.17. CVR testers.18. Suspension of authorisation.19. Revocation of authorisation.19A. Provision of false information in application.20. Notice of revocation.21. Deciding officers.22. Appeals from decision of deciding officer.23. Offence of purporting to be CVR test operator or CVR tester while not so authorised.24. Authorised officers.25. Powers of authorised officers - CVR testing.26. Entry warrant.27. Form of direction.28. CVR information system and CVR records.29. Register of CVR test operators.Chapter 3 Commercial vehicle roadworthiness maintenance (ss. 30-31)30. Maintenance of CVR vehicles.31. Powers of authorised officers - CVR maintenance.Chapter 4 Roadside roadworthiness inspections (ss. 32-35)32. Roadside roadworthiness inspections.33. Appointment of CVR inspectors.34. Powers of CVR inspector.35. Powers of CVR inspectors and authorised officers.Chapter 5 Detention of vehicles, etc. by authorised officers and CVR inspectors (ss. 36)36. Detention of vehicles, etc., by authorised officers and CVR inspectors.Chapter 6 Road Safety Authority (ss. 37-40)39. Risk rating system.38. Guidelines.37. Conferral of functions on Authority.40. Directions, notices and notifications.Chapter 7 Proceedings (ss. 41-42)42. Offence by body corporate.41. Certain penalties and prosecutions.Chapter 8 Miscellaneous amendments (ss. 43-48)43. Amendment of Second Schedule to Act of 1961 - consequential disqualification.44. Amendment of Road Traffic Act 2002 - penalty points.45. Amendment of section 41 of Road Traffic Act 1994 - detention of vehicles.46. Amendment of Act of 1961 - driving of dangerously defective vehicle.47. Amendment of Act of 1961 - right to demand name and address, etc.48. Amendment of Act of 2010.Part 3 Driver Licensing (ss. 49-56)49. Amendment of section 4 of Road Safety Authority Act 2006.50. Amendment of Part III of Act of 1961 - licensing authority.51. Repeal of section 37 of Act of 1961.52. Amendment of Road Traffic Act 2002.53. Amendment of section 5 of Act of 2006.54. Amendment of Act of 2010.55. Amendment of section 18 of Finance (No. 2) Act 1992.56. Amendment of Finance Act 1993.
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 27 March 2013 - onwards
Version 2 of 2

6. Offence of using CVR vehicle without certificate of roadworthiness.

(1) A person shall not use a CVR vehicle in a public place unless at the time there is in force in respect of the vehicle a certificate of roadworthiness.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 3 months, or to both.

(3) Where a person who contravenes subsection (1) is not the owner of the vehicle, the owner of the vehicle also commits an offence and is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 3 months, or to both.

(4) Where the owner of a vehicle is charged with an offence under subsection (3) it is a defence to the charge if the owner shows that at the time of the alleged offence the vehicle was used without his or her consent.

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