S.L. 65.15 Art. 10Conditions for operators.

(1) Where the Authority authorises an applicant to act as operator of a vehicle roadworthiness testing station, the authorisation shall be subject to the payment of five hundred and eighty-two euro (€582) as an annual fee per testing station and the operator shall comply with the following conditions:

(a) the operator shall assume full responsibility for all the testing procedures carried out in the station;

(b) the operator shall give notice to the Authority of the names of all persons who are from time to time authorised, in pursuance of arrangements made in accordance with regulation 13, to carry out or personally supervise tests at a station; and every such notice shall be given within seven days after the date of any such authorisation; in the case of a company or partnership the notice shall be accompanied by a duly signed authorisation certifying that the person signing the notice is duly empowered to sign on behalf of the company or partnership;

(c) the operator shall put up and keep exhibited inside the station in some conspicuous place so as to be legible to persons submitting vehicles for testing at that station -

(i) the authorisation in which that station is specified, and

(ii) a list of the names of the persons for the time being authorised to carry out or personally supervise tests at that station;

(d) the operator shall make the station and the equipment at that station with which testing is carried out, available for the purpose of a test to be carried out by officials of the Authority, for the purpose of ensuring conformity with the prescribed requirements;

(e) the operator shall immediately inform the Commissioner of Police of any vehicle, which is brought in for a test, and which, according to information received by the operator from the Authority, is a stolen vehicle or a vehicle used in the commitment of a criminal offence;

(f) the operator shall give prior notice of seven days to the Authority -

(i) of his entering into any partnership with a view to carrying on a business which will comprise the carrying out of tests at that station, in the case where he is the sole individual named in an authorisation; and

(ii) of any change in the constitution of the company, in the case where he is a company, and such notice shall be treated as an application under the provisions of regulation 9;

(g) the operator shall have an authorisation from the Authority to permit the testing of vehicles in his station, on one or more of the categories of vehicles as specified in the Second Schedule;

(h) the operator shall have on the premises a minimum of one qualified tester and an assistant tester for each test lane;

(i) the operator shall not conduct vehicle testing unless the Authority’s testing unit is satisfied that facilities and equipment conform with the prescribed requirements;

(j) the operator shall abide at all times with the regulations and standards concerning the vehicle roadworthiness test as stipulated in these regulations, and approved by the Authority;

(k) the operator shall provide proof that his vehicle testers receive the necessary training in the use of their testing equipment by the suppliers or the agents of such equipment;

(l) the operator shall keep on the premises the approved and accredited testing manual or manuals;

(m) the operator shall provide the Authority with a copy of all manuals provided with the testing equipment;

(n) the operator shall allow regular inspections by vehicle testing inspectors according to the standards and requirements laid down under any applicable regulations;

(o) the operator shall not refuse to test any vehicle of whatever age, make or type within the classes for which authorisation is given, except in the following circumstances:

(i) when the vehicle’s registration certificate is not presented to the operator or tester or when the details contained in the registration certificate do not comply with the correct details of the vehicle;

(ii) when the vehicle cannot be driven or has insufficient fuel or oil to complete the test;

(iii) when the vehicle is presented in such a dirty condition that examination is difficult;

(iv) when an operator considers that an insecure load or other items would prevent a proper test being carried out unless it can be unloaded;

(v) when the vehicle is of such a size or weight that it cannot be properly or safely tested on the approved facilities;

(p) the operator shall, under no circumstance, instruct or otherwise advise a vehicle owner to effect repairs or adjustments as indicated in the test result, at the same premises;

(q) the operator shall permit and do anything necessary in order for any representative of the Authority to be able to inspect the premises, records, equipment, and the operation going on at the station;

(r) the operator shall, under no circumstance, issue a passed test result unless a complete test has been carried out and all the testable items comply with the required conditions and standards established under these regulations, or a re-test is completed and the tester confirms that the necessary repairs have been carried out;

(s) the operator shall provide for the safekeeping of all documents and forms in his possession, as well as the garage stamp;

(t) the operator shall sign any forms or documents in indelible ink, and write clearly and without alterations;

(u) the operator shall not charge a fee which is in excess of the prescribed amount; and

(v) the operator shall at all times comply with or maintain the conditions or requirements indicated under regulation 8.

(2) The Authority may, on justified grounds, give notice to an operator that any person employed in his station should cease from carrying out or supervising tests, or to endorse passed test results, and on receipt of that notice the operator shall arrange that that person shall no longer carry out or supervise tests or endorse passed test results, as the case may require.

(3) Operators shall be bound to inform the Authority, within seven days, of any termination of employment or engagement of testers within their staff complement.