Consultation on Vehicle
Modifications
Post registration vehicle modifications that affect vehicle
safety and environmental performance
6 February 2013
Introduction
The Road Safety Authority (RSA) is continuously striving to improve the standard of vehicles on
Irish roads. As part of this on-going process, the RSA has dealt with the type approval of new
vehicles, the regulation of written off vehicles (in conjunction with the Driver and Vehicle Computer
Services Division), the standard of safety belts on buses and improvements to vehicle
roadworthiness testing. Another area identified by the RSA which poses a significant risk to road
users is “Post Registration Vehicle Modification”. Modifications to vehicles vary from simple
cosmetic changes, such as adding a spoiler, to more radical changes to the vehicles construction,
such as lowering a car’s suspension, adding axles to a HGV or converting a van into a minibus.
Ireland currently has no dedicated system or approval scheme to regulate such activity. In
contrast, a number of Member states recently surveyed by the RSA all confirmed that they have
dedicated control procedures in place to deal with vehicle modifications, post registration.
In 2011, there were over 52,000 vehicle detail changes recorded in Ireland, some of which
included changes to vehicle body type (2,531 e.g. van converted to a mini-bus), changes to a
vehicle’s weight (15,270) and the addition/removal of seats (2,373). In addition, research carried
out by RSA Vehicle Inspectors indicated that, over the course of a year, in the region of 1000
heavy commercial vehicles had some form of safety critical modification identified at the
commercial vehicle roadworthiness test.
A modification that alters the structural strength of a vehicle can negatively impact its behaviour in
the event of a collision. For example; the addition of seats and seatbelts can require major
strengthening of a vehicle otherwise the level of protection originally intended is reduced (e.g.
parts of a vehicles flooring may be too weak to support a safety belt anchorage). Some physical
changes can also negate the benefits of a vehicle’s design to protect vulnerable road users, such
as the addition of non-approved “Bull Bars” or bonnet scoops which can cause more serious injury
to a pedestrian or cyclist if involved in a crash.
All road users should have assurance that vehicles, when modified, are not rendered unsafe and
that the modification has been completed to an appropriate standard. Some vehicle modifiers
adhere to the original manufacturer’s guidelines and follow good engineering practice. However,
roadside inspections have indicated that many substandard vehicle modifications which pose a
threat to the driver and other road users currently exist. If a vehicle modification does not adhere
to legislative and / or manufacturer’s guidelines then the vehicle should not be allowed to use a
public road. To deal with this, the RSA is proposing that preventative measures be put in place to
better regulate vehicle modifications in this country and ultimately save lives.
The RSA is now undertaking a review of the regulation, classification and safety issues associated
with modifications to road going vehicles including cars, motorcycles, buses and trucks. Before
recommendations to the Minister for Transport, Tourism and Sport are prepared we are seeking
your comments and views. Consulting with individuals, companies, organisations and
associations who would be interested in proposals to regulate vehicle modifications is an important
part of this process.
2
06 Feb 2013
We wish to ensure that the development of policy for regulating modified vehicles reflects the
views and concerns of the Irish public. This review considers vehicle modifications that may have
safety implications for an Irish road user (including vulnerable road users) and also those that may
have environmental implications.
Feedback from the public will assist in identifying the vehicle modifications that have the most
significant road safety or environmental implications. This will help us determine those that need to
be prioritised in respect of any future regulation.
Summary of Consultation
This document sets out Ireland’s current policy and practice with respect to vehicle modifications
and outlines clearly our concerns surrounding current practices. It also shows why we need to
improve the way in which vehicle modifications are controlled in this country and proposes options
for the future regulation of modified vehicles in Ireland. The objective of regulating vehicle
modifications is to ensure that the safety and environmental benefits accruing from the original
design and manufacture of a vehicle are retained throughout its life, even if certain modifications
are made to the vehicle.
The introduction of a modification approval scheme combined with supporting legislation will
improve vehicle safety and standards by ensuring that any vehicle modifications are carried out to
an acceptable standard, comply with the original manufacturer’s recommendations and are legal.
This consultation discusses two options for the regulation and control of vehicle modifications:
1. Self-declaration by vehicle owner
2. Introduce a dedicated approval process for vehicle modifications
1. Self-declaration by vehicle owner
A self-declaration control procedure would legally require a vehicle owner to notify the
Department of Transport, Tourism and Sport’s, Driver Vehicle Computer Services Division
(DVCSD) of any vehicle modification, and the DVCSD would be required to enter the
modification details in the relevant National Vehicle and Driver File (NVDF) record. The vehicle
owner would also be required to declare that a vehicle modification is of an appropriate
standard and be responsible for having the necessary documentation to support this.
2. Introduce a dedicated approval process for vehicle modifications
A dedicated approval process would place equal responsibility on the vehicle owner and
vehicle modifier to ensure any modification is of an appropriate standard. It would legally
require a vehicle modifier / owner to notify the DVCSD of a vehicle modification. The modified
vehicle would then have to undergo an inspection and certification procedure to gain approval.
It will also provide clear guidelines as to the appropriate standard for a vehicle modification
along with a clear process to have it approved. There would be a further requirement that only
parts which are fit for purpose, safe and in compliance with Road Traffic regulations can be
fitted to a vehicle.
3
06 Feb 2013
This document sets out in detail how the dedicated approval process will ensure a vehicle
modification is carried out correctly. Such a process would also support those vehicle
modifiers that currently carry out modifications correctly and give assurance to vehicle owners
that any modifications made to their vehicle are safe and legal.
A concern with all of the above control options is the difficulty with identifying certain vehicle
modifications. This in turn leads to difficulties with enforcement. To overcome this we propose
that a strong legal obligation be put on vehicle modifiers and the owners of modified vehicles to
declare any vehicle modification to the Department of Transport, Tourism and Sport. Once
identified in this way, modified vehicle enforcement would be far easier to undertake. Depending
on the detail of final arrangements and obligations, amendments to existing legislation may be
required.
To ensure that any proposed vehicle modification approval process is readily implementable, we
suggest it utilise, or be an extension of, existing systems and procedures. In this regard we have
taken into consideration the way in which vehicle modifications are currently approved (e.g.
inspection and certification by a Suitably Qualified Individual (SQI)), the current approval
processes for new vehicles (Type Approval and NSAI Approved Test Centres (ATCs)) and also
the way in which certain vehicle data is changed on the NVDF (extension of the DVCSD online
service for change of vehicle ownership notices at www.motortrans.ie).
4
06 Feb 2013
Contents
Page
1.
Current Situation in Ireland
7
2.
International efforts to control vehicle modifications
9
2.1
United Kingdom
9
2.2
Australia
10
2.3
New Zealand
10
3.
Proposed Future Developments Which
Modification – Commercial Vehicle Reform
Effect
Vehicle 11
4.
Proposed options for control of Modified Vehicles in Ireland
12
4.1
Self-declaration by vehicle owner
12
4.2
Dedicated approval process for vehicle modifications
13
Steps of Dedicated Approval Process
13
4.3
Issues associated with the proposed options for control
18
4.4
Enforcement & Penalties for Use of an Unapproved Modified Vehicle
20
4.5
Proposed legislative provisions for the vehicle modification approval 21
scheme
4.2.1
5
May
Your Views
22
Appendix 1 - Safety and environmentally critical modifications
25
Appendix 2 - Other common modifications
28
Appendix 3 - Current Control of a Vehicle Modification / Modified Vehicles
34
5
06 Feb 2013
Glossary
The following terms / abbreviations are commonly used in this consultation document:
DTTAS
Department of Transport, Tourism
and Sport
Commercial Vehicle Roadworthiness
ATC
Approved Testing Centre
VSB
NCT
LVV
CoC
National Vehicle and Driver File
National Standards Authority of
Ireland
Certificate of Conformity
Vehicle Standards
Bulletin
National Car Test
Low Volume Vehicle
VOSA
Vehicle Operator and Service Agency
VRT
Vehicle Registration Tax
ECWVTA
European Communities Whole
Vehicle Type Approval
ICT
Information and Communications
ADR
Technology
Driver and Vehicle Computer Services CVT
Division (also defined as the
Appropriate Authority)
CVR
NVDF
NSAI
DVCSD
SQI
Suitably Qualified
Individual
VRC Vehicle Registration
Certificate
LPSV Large Public Service
Vehicle
PSVI
An Garda Siochana
Public Service Vehicle
Inspector
Australian Design Rules
Commercial Vehicle Test
Modify - in relation to a mechanically propelled vehicle, this means to change the vehicle from its
original state by altering, substituting, adding or removing any structure, system, component / part
or equipment, but does not include repair. ‘Modify’, 'Modified' and 'Modification' all have
corresponding meanings.
Fitness for purpose - when applied to a mechanically propelled vehicle, this means that the
mechanically propelled vehicle is modified or constructed so that the vehicle, its structure, safety
related systems, components / parts and equipment will carry out their functions safely, having
regard to any increased burden or duty that the modifications or construction may place on them;
‘Fit for purpose’ has the corresponding meaning.
Repair - means to restore a damaged or worn vehicle, its structure, systems, components / parts
or equipment; and includes the replacement of damaged or worn structures, systems, components
or equipment with equivalent undamaged or new structures, systems, components or equipment.
Suitably Qualified Individual – is an individual (or company) who, by reason of his or her
competence, experience and independence is an appropriate person to assess the fitness for
purpose and safety of a vehicle.
6
06 Feb 2013
1. Current Situation in Ireland
It is not illegal to modify a vehicle once it meets the requirement of Irish Road Traffic legislation.
Specifically this requires that all vehicles are in good and efficient working order and that they do
not pose a danger. Enforcement of Road Traffic law is carried out by An Garda Síochána.
There are currently measures in place to control the standard of new vehicles entering the Irish
national fleet. For example; in order to be registered, a new vehicle must comply with the
European wide common system of approval, known as European Community Whole Vehicle Type
Approval. However, for existing vehicles already in service, Irish Road Traffic legislation is the
primary measure which sets the minimum requirements to which a vehicle must adhere.
Unfortunately this legislation is lacking in specific actions to provide for control of vehicle
modifications.
Currently a modified vehicle may come under some form of fragmented control from various public
bodies in Ireland (other than roadside enforcement by the Gardaí). For example:
 Road Safety Authority (Roadworthiness Testing) – If during an NCT or CVT, a vehicle
modification is found to have “safety implications”, certification will be required before a pass
statement is issued. Currently the NCT tests vehicles for excessively noisy exhausts and/or
tinted windows. If these exceed predefined limits the vehicle will fail their roadworthiness test.
This action has been supported by targeted enforcement by the Gardai.
 An Garda Siochana (LPSV Licensing) – as well as targeted enforcement at the roadside, An
Garda Siochana inspect buses that are to be licensed for use transporting passengers for hire
or reward.
 National Standards Authority of Ireland (NSAI) – EC Whole Vehicle Type approval is currently a
mandatory requirement on new passenger cars, motorcycles, minibuses, buses, coaches,
trucks, trailers and vans.
 Revenue Commissioners - Vehicle Registration Tax is due upon registration of a vehicle and if
a vehicle has been modified it may be subject to additional VRT.
 Local Authorities (Motor Tax Offices) – Vehicle owners must pay motor tax on their vehicle and
certain changes to the vehicle must be declared by filling out an RF111 form.
While a limited form of control for vehicle modification currently exists, there are quite a number of
gaps within the current system. For example;
 Control of the vehicle modification is not the primary function of the above mentioned public
bodies.
 These bodies would not provide the necessary assurance that a vehicle modification is of an
appropriate standard.
 No obligation exists for a vehicle owner to declare the modification.
 Due to the time interval between each roadworthiness test a modified vehicle may spend
months or years in service before scrutiny. (e.g. NCT – first test is at 4 years)
 Individuals in a public body may not be technically competent to identify the modification and
assess whether it’s fit for purpose and safe, especially if it’s complex or hidden.
7
06 Feb 2013
 The details of a vehicle’s modification are not always centrally collated and therefore may not
be reflected on the NVDF and consequently on the Vehicle’s Registration Certificate (VRC).
 A vehicle modification identified and approved / regularised by one body may not be
communicated to another (e.g. a modified bus being roadworthiness tested and then inspected
for a PSV licence).
 If the public body requires a third party (e.g. SQI) to inspect and certify that a modified vehicle
meets minimum requirements, they currently have no assurance that the third party possesses
the necessary competencies to be able to undertake such a procedure.
Appendix 3 gives more detailed information on the fragmented control of modified vehicles by the
public bodies mentioned above and the perceived flaws with each system.
Another current system of notification of vehicle modifications is through insurance companies. All
vehicle modifications must be specified on a vehicle’s insurance policy and therefore the vehicle
insurer must be notified by the vehicle owner if the latter modifies his/her vehicle. If this is not
done, the modification may invalidate the vehicle’s insurance and if involved in a collision, a
vehicle insurer may refuse to process a claim on the basis that a vehicle has been modified and
they were not subsequently informed. Modifications in this regard can be as minor as fitting alloy
wheels.
8
06 Feb 2013
2. International Efforts to Control Vehicle Modifications
2.1 United Kingdom
The UK currently has a post registration modification approval scheme which includes a “Notifiable
Alterations Scheme” for commercial vehicles (goods vehicles and PSV’s). This scheme contains
provisions such as the central recording of vehicle modification data, approved inspection facilities
and approval for certain vehicle modifications without inspection.
The UK’s Notifiable Alteration Scheme is concerned with modifications to a goods vehicle if the
modification involves changes to a vehicle’s chassis or body or other critical components (such as
steering, suspension, wheels or axles, brakes and engine), its statutory weights and dimensions
plate or tax classification.
Such modifications require the vehicle owner to notify VOSA by filling out a declaration form.
VOSA, after inspecting this form, will decide the appropriate action the vehicle owner will take to
have the alteration approved.
To ensure that vehicle owners notify VOSA of any alterations made to their vehicles, the periodic
roadworthiness inspection includes a comprehensive check against the vehicles description on the
national vehicle database. If the vehicle does not match its description on this database then it will
not pass its roadworthiness inspection.
In addition, vehicles which have been radically altered (one which has been altered from its
original specification) may need to be re-registered. The Driver and Vehicle licensing Agency
(DVLA) in the UK uses a points system when issuing a registration number for a radically altered
vehicle. For a vehicle to keep its original registration number it must score eight or more points.
If a radically altered vehicle scores less than eight points on inspection or if a second-hand or
modified chassis or altered car body (monocoque bodyshell) is used a vehicle will need to be reregistered.
To be reregistered the vehicle will have to successfully complete a UK Type Approval based
inspection procedure (e.g. Individual Vehicle Approval (IVA)) When reregistered by the DVLA the
vehicle will be given a 'Q' prefix on its registration number to identify it as a radically altered
vehicle.
9
06 Feb 2013
2.2 Australia
In Australia the owner of a modified vehicle must submit a Vehicle Modification Application to their
respective local government office and the details of the vehicle’s modification would be recorded
on the Department of Transport and Main Roads vehicle register.
Australia also have developed a comprehensive set of guidelines, issued as a National Code of
Practice document (incorporating Vehicle Standards Bulletins (VSB)), to ensure vehicle
modifications are of an appropriate standard.
The intent of these documents is to set down national technical requirements and specifications
which must be adhered to when modifying (or constructing) a vehicle.
While specific details are given in these guidelines the original manufacturer’s (or component
manufacturer’s) guidelines / specifications are heavily relied upon in each document as guidance
of how a vehicle modification should be carried out. As a result persons carrying out or certifying
vehicle modifications must ensure that all applicable manufacturers’ recommendations are
complied with and that the vehicle’s compliance with Road Traffic Regulations is not invalidated
even in trying to comply with the Code of Practice requirements.
Certain vehicle modifications must be certified by “Engineering Signatories” who are only entitled
to assess and certify vehicles and modifications within their range of qualifications, training and
experience. Most jurisdictions have a list of “Signatories” and their allocated areas of work.
Records of the vehicle modification must be retained for a minimum of 7 years by the Engineering
Signatories and must be available for inspection by officers of the relevant authority.
2.3 New Zealand
The Transport Agency advise vehicle owners to invest in ensuring that a vehicle modification is
carried out properly, stating that while it might cost them more upfront, it could save their life.
If heavily modifying a vehicle, the New Zealand authorities require a vehicle owner to declare a
vehicle modification and then get Low Volume Vehicle (LVV) certification for the modified vehicle.
LVV certification is proof that a vehicle modification is of a required standard.
A LVV certifier will inspect a vehicle modification, and where a modification meets specified
standards, the certifier will arrange to get a LVV certification plate which they will then fit it to a
permanent part of the vehicle.
Without the LVV plate a modified vehicle cannot be legally driven on a public road. The
modifications identified by the Transport Agency as most likely to require LVV certification are:
Modified suspensions, Engine conversions or modifications, Racing seats and Steering
modifications.
10
06 Feb 2013
3. Proposed Future Developments which May Effect Vehicle Modifications –
Commercial Vehicle Reform
A detailed comparison of a vehicle against its Vehicle Registration Cert (VRC) or recorded NVDF
details will be an important part of identifying certain vehicle modification at the roadworthiness
test.
In the forthcoming reforms to commercial vehicle roadworthiness (CVR) testing a new Commercial
Vehicle Operator Information System (“CoVIS”) is being developed for recording vehicle testing
information. This system will interface, display and exchange information with the NVDF.
Any discrepancies against a vehicles recorded details identified by a vehicle inspector as part of a
commercial vehicle test will be noted and fed back to the DVCSD who will then take the
appropriate action to update that vehicle’s records on the NVDF (the NCT currently undertake a
similar process for cars).
As a result CoVIS will allow for a more detailed comparison of a vehicle against its VRC and
NVDF details to take place. Being able to do so will assist in the identification of certain
commercial vehicle modifications.
RSA Vehicle Inspectors will have access to the CoVIS ICT system at roadside inspections. As a
result a vehicle inspector will be able to compare the physical attributes of a vehicle being
inspected at the roadside against its recorded details and take action where a modification is
discovered.
11
06 Feb 2013
4. Proposed Options for Control of Modified Vehicles in Ireland
Due to the number and standard of modifications taking place on Irish vehicles, and their possible
impact on safety and the environment, we believe a process should be developed for regulating
vehicle modifications to ensure that they adhere to the vehicle’s original manufacturer’s
specifications and standards, employ good engineering practice and abide by Irish Road Traffic
Regulations.
We have already identified gaps in the various ways a vehicle modification is dealt with in this
country and taking these into consideration, we have identified two options for the control of
modified vehicles in Ireland. These are:
 Self-declaration by vehicle owner
 Introduce a dedicated approval process for vehicle modifications
4.1 Self-declaration by vehicle owner
As the responsibility of ensuring a vehicle is roadworthy and safe when in use on a public road
ultimately rests with the vehicle owner / driver, a case could be made that it is also the vehicle
owner / driver’s responsibility to ensure that a modification to their vehicle is of an appropriate
standard.
To fulfil this obligation a vehicle owner would be required to declare that a vehicle modification is
of an appropriate standard and would also be responsible for having the necessary documentation
to support this. A vehicle owner would also be legally obliged to notify the Department of
Transport, Tourism and Sport’s DVCSD of modifications that have been carried out to their vehicle
and the DVCSD would be required to enter the modification details in the relevant National Vehicle
and Driver File (NVDF) record.
To facilitate this, an online system would be developed that allows vehicle modifiers / owners to
self-notify a vehicle modification. Such a system would also interface with, and automatically
update, the NVDF. This would be the point at which specific details of the vehicle modification are
recorded.
The benefit of this system would be its ease of implementation. A generic self-declaration form
could also be readily drafted that a vehicle owner would then complete for a vehicle modification
and transmit to the DVCSD for processing. Public bodies could also request this declaration form
upon identifying a vehicle modification as proof that the modification is of an appropriate standard.
However, as a modified vehicle would not be required to go through an independent inspection
and certification procedure we would have concerns that this may result in variations in the
standard of modified vehicles. We also envisage some difficulties with placing exclusive
responsibility on a vehicle owner to prove a vehicle modification is of an appropriate standard.
When provided with support documentation concerning the standard of a modification, the vehicle
owner may not be technically competent to determine if this documentation is sufficient to meet
12
06 Feb 2013
their legal obligation. Most critically, a vehicle owner may not be able to determine if a
modification renders a vehicle in an unfit, defective or unsafe state.
4.2 Dedicated approval process for vehicle modifications
A vehicle owner relies on the vehicle modifier to have the necessary expertise (including:
equipment, training and accreditation) to carry out their work correctly. Therefore we believe it
reasonable to place an equal responsibility on both the vehicle owner and vehicle modifier to
ensure that a modification is of an appropriate standard.
This legal obligation for the vehicle modifier / owner would form part of a dedicated approval
process. By doing so we are supporting the owner’s expectation that a vehicle modification is fit
for purpose and safe.
There are numerous businesses / organisations currently engaged in some form of vehicle
modification. A dedicated approval process for vehicle modifications would also support those
vehicle modifiers that currently carry out modifications correctly. It would provide clear guidelines
as to the appropriate standard for a vehicle modification and a clear process to have it approved.
These guidelines would include a requirement to only fit parts which are fit for purpose, safe and in
compliance with Road Traffic regulations.
The guidelines would also require that modification work that does not involve the fitting of a part
(such as body panel work or reworking an existing part (e.g. remapping of a vehicle’s electronic
control unit (ECU)) also complies with applicable vehicle or components standards.
This modification approval process would ensure that those vehicle modifiers who do not currently
follow good engineering practice or adhere to an appropriate standard would have to do so in the
future. Otherwise the modifications they carry out / vehicle’s they modify would not get approval.
4.2.1. Steps of Dedicated Approval Process
The National Standards Authority of Ireland (NSAI) and the Driver and Vehicle Computer Services
Division (DVCSD) would have an important function in the dedicated approval process. The NSAI
would be responsible for issuing approvals for a vehicle modification. The DVCSD would update
the National Vehicle and Driver File (NVDF) upon having a vehicle modification declared to them.
The following outlines the RSA’s proposed five step system of vehicle modification control and
approval including: who to inform, how a modification / modified vehicle would be approved, the
standard that would apply and penalties for use of an unapproved modified vehicle on a public
road.
13
06 Feb 2013
Step 1: Declare the Vehicle Modification to DVCSD
Vehicle modifiers / owners would be legally required to declare to the DVCSD any vehicle
modification they carry out. The DVCSD would put a flag against the record of the modified
vehicle on the National Vehicle and Driver File (NVDF) until the modification has been approved.
As with the self-declaration regulation procedure, an online system would be developed that
allows vehicle modifiers / owners to self-notify a vehicle modification. (Please see Figure 1). Such
a system would also interface with, and automatically update, the NVDF (i.e. flag a modified
vehicles details on the NVDF). It would also be the point at which specific details of the vehicle
modification are recorded.
Figure 1
14
06 Feb 2013
Step 2: Inspection of a Modified Vehicle
After notifying the DVCSD of a vehicle modification, the vehicle modifier / owner would then be
required to contact the NSAI to determine the necessary inspections / tests / certification for a
modified vehicle / vehicle modification that must be completed to get approval. We propose that a
modified vehicle would only be inspected / tested / certified by an NSAI Approved Test Centre
(ATC).
The NSAI will provide the vehicle modifier / owner with a list of Approved Test Centres (ATC) that
can carry out such tests. The vehicle modifier / owner will engage an ATC(s) to carry out the
required tests. The ATC will compile a test report and this will be issued to the NSAI and vehicle
owner / modifier.
The NSAI will consider the test report and determine if the vehicle modification / modified vehicle
is of an appropriate standard to be approved.
If a vehicle modifier or owner can supply sufficient information to the NSAI, as evidence of a
vehicle modification meeting the appropriate standard, then the number of tests / inspections the
vehicle would ordinarily have to undertake may be reduced.
This may also happen if the NSAI are satisfied that the procedures and processes used by a
vehicle modifier to carry out a vehicle modification would result in that modification / vehicle being
of an appropriate standard. To do so the NSAI may inspect a vehicle modification facility.
Both of the above are at the complete discretion of the NSAI. On approving a vehicle modification,
the NSAI will electronically notify the DVCSD.
The DVCSD will update the NVDF records for the vehicle where necessary (e.g. as a result of
changes that may have taken place to the number of axles / seats / etc. on the modified vehicle).
However, we propose that the vehicle modification flag on the NVDF will remain in place until the
vehicle has successfully passed a roadworthiness test.
To become an ATC an individual / company would have to apply to the NSAI for approval. Such
approval would identify the competencies of the inspection facility / individual and the
modifications that can be approved by such a facility / individual (i.e. scope of approval).
Approval as an ATC would be available to all companies / individuals able to demonstrate they are
familiar with the national minimum technical standards for unregistered / registered vehicles and
have the expertise, testing facilities and equipment necessary to undertake a comprehensive
modified vehicle inspection.
ATCs currently undertake national Type Approval vehicle testing for the NSAI, however the NSAI
have indicated that they will extend the remit of ATCs to include the inspection of modified
vehicles.
15
06 Feb 2013
Step 3: Vehicle Modification Standard
The most critical guidelines a vehicle modifier must adhere to when modifying a vehicle is the
original vehicle manufacturers’ design specifications. If a vehicle is to be modified correctly then
this information must form the basis of any work carried out to the vehicle to ensure it is fit for
purpose and safe. The modified vehicle should also adhere to the appropriate requirements of
Road Traffic regulations and Type Approval or Entry into Service standards as set out in European
and National regulations. Any inspection carried out on a modified vehicle should ensure this is
the case.
Modifications that may have an influence on certain safety critical features of a vehicle should
always be certified by the original vehicle manufacturer (e.g. modifications to a vehicles braking
system). This will require the vehicle modifier to engage with the original vehicle manufacturer to
ensure the work they carry out is in accordance with manufacturer’s requirements and would not
negatively impact on any of the vehicle’s safety critical components or systems. Only the vehicle
manufacturer would be able to confirm this.
It is also important at this point to include a provision in Road Traffic legislation that would set
requirements for the Control of Fitment of Vehicle Parts in a similar manner as set out for the
control and supply of new or used vehicles.
The 1968 Road Traffic Act1 already contains a provision2 that allows the Minister to make
regulations to control the importation, supply and fitment of vehicle parts that do not comply with
Irish Road Traffic Regulations.
A similar obligation already exists for car manufacturers / importers / distributors / dealerships and
garages when selling or supplying new or used vehicles. The Road Traffic (Control of Supply of
Vehicles) Regulations3 makes it an offence to supply, or offer to supply, a new or used motor
vehicle, trailer or semi-trailer which does not comply with Irish Road Traffic Regulations with
regards to the construction, equipment and lighting of vehicles.
Regulations developed to control the fitment of vehicle parts would support any system for the
approval of vehicle modifications as it would prohibit using a part(s) on a vehicle that do not
comply with Road Traffic regulations or that would render the vehicle non-compliant with these.
1
Act No. 25 of 1968
Section 9. Control of importation, etc, of vehicle parts.
3
S.I. No. 35 of 1991
2
16
06 Feb 2013
Step 4: Modified Vehicle and the Roadworthiness Test
A modified vehicle could also be required to undergo a standard roadworthiness test in advance of
its next scheduled test date.
If previously tested, a vehicle in its modified form may be substantially different to that when it was
last tested (e.g. commercial van converted to a mini-bus). Therefore we would consider its
previous roadworthiness test to be unrepresentative of the modified vehicle. As a result we
propose the modified vehicle would have to undergo a new roadworthiness test and the due date
of the modified vehicles next roadworthiness test could be calculated from the date this test was
carried out. Whilst this roadworthiness test would not consider if a vehicle modification is of an
appropriate standard it would check that the brakes, steering, suspension, etc, are all functioning
correctly on the modified vehicle.
A fail item could also be introduced at the roadworthiness test for a vehicle modification that does
not have the correct approval / certification showing it to be of an appropriate standard.
Step 5: Removal of Flag
The DVCSD would require evidence that a vehicle modification is of an appropriate standard
before removing the modified vehicle flag of the vehicle’s NVDF records. This evidence will be
provided electronically by the NSAI (Figure 2). Confirmation would also be required that the
modified vehicle has passed a roadworthiness test after the modifications have been carried out.
By successfully undertaking this 5 step process, a vehicle modification / modified vehicle will be
shown to be of an appropriate standard and as a result will not present an increased road safety
risk to any road user and will be legal to use on a public road.
17
06 Feb 2013
Figure 2
4.3 Issues associated with the proposed options for control
Currently there are difficulties associated with identifying vehicle modifications that are not visually
(or otherwise) obvious (e.g. modifications such as engine chipping, replacement seating / safety
belt installation, suspension changes). This is a concern as it makes enforcement of illegal vehicle
modifications very challenging for the Gardai. This difficulty remains for the proposed control
procedures.
Only those individuals having a great degree of technical familiarity with a vehicle’s specifications /
requirements (i.e. vehicle manufacturer’s mechanic / technician), and in some cases utilising
specific diagnostic equipment, will be able to determine conclusively if certain modifications to a
vehicle have taken place.
As evident in Table 1 below, the identification of a vehicle modification may be a concern for the
Self-declaration and Dedicated Approval Process control procedures if a vehicle owner breaks the
law and does not declare a vehicle modification (as we propose would be legally required).
18
06 Feb 2013
Table 1: Performance of each control option in respect of seven significant issues
(Benefit weighting - Low, Medium, High)
Current situation and proposed options for control of a vehicle modification
Issue
Current Situation
Option 1: Self-declaration
Option 2: Dedicated approval
process
–
Modification
Low
identification
identifying
Difficulty
certain
vehicle
modifications.
No obligation for vehicle
owner
to
declare
–
Low
approach
to
modification
legally
Vehicle
required
to
owner
declare
– Vehicle
Medium
modifier
/
owner legally required to declare
vehicle modifications to the
vehicle
modifications
to
the
DVCSD.
DVCSD.
Low - If vehicle owner does
Low - If vehicle owner / modifier
not declare a modification.
does not declare a modification.
a
modification.
Defined
–
Medium
–
Medium
approach to modification
process
vehicle
process a vehicle modifier / owner
approval
owner to declare that a vehicle
must adhere to when having a
modification
vehicle modification approved.
approval
Standardised
High – Standardised approval
Fragmented
requiring
is
of
an
appropriate standard.
Appropriate
standard
for
vehicle
Low – No definition of
Medium – Defined appropriate
High
appropriate standard for
standard that a vehicle owner
standard for a vehicle modification
a vehicle modification.
should be able to provide
that
evidence in support of self-
adhere to.
modification
–
a
Defined
vehicle
appropriate
modifier
must
declaration.
Low – No positive check
Low – No positive check to
High – Positive check available to
modification is
to
vehicle
ensure a vehicle modification
ensure a vehicle modification is of
of
modification is
of an
is of an appropriate standard.
an appropriate standard.
Assurance
an
appropriate
ensure
a
appropriate standard.
standard
–
Enforcement
Low
of
identifying
vehicle
modifications
difficulty
with
certain
vehicle modifications.
declared
Medium – Only declared vehicle
vehicle modifications will be
modifications will be recorded by
recorded by the DVCSD and
the DVCSD and can therefore be
can
readily enforced.
Medium
–
Only
therefore
be
readily
Low –difficulty to identify certain
enforced.
Low –difficult to identify certain
undeclared
undeclared vehicle modifications.
vehicle
modifications.
Cost to vehicle
Medium – Safety critical
Medium
owner
Medium – Vehicle owner would
owner
vehicle modifications are
would be required to ensure
be required to ensure vehicle
currently
vehicle modifications are of an
modifications
appropriate standard.
appropriate standard.
required
to
have certification from
–
Vehicle
are
of
an
that
an
SQI.
Tangible road
Low – No guarantee a
Low
–
safety benefit
modified vehicle is fit for
modified
purpose and safe.
purpose and safe.
No
guarantee
vehicle
is
fit
a
for
High
–
Guarantee
approved modified vehicle is fit for
purpose and safe.
19
06 Feb 2013
4.4 Enforcement & Penalties for Use of an Unapproved Modified Vehicle
Enforcement of Road Traffic Law is primarily carried out by An Garda Síochána. However,
members of An Garda Síochána may not be technically capable of identifying (or have the
necessary equipment available to them) a vehicle modification at a roadside inspection, especially
if the modification is not apparent.
When the DVCSD has been notified of a vehicle modification this information will be recorded
against the vehicles details on the NVDF. As the NVDF regularly updates the ICT systems of An
Garda Síochána, this data on a modified vehicle could be used for subsequent enforcement
activities by the relevant authorities (e.g. possible utilisation of the Gardai’s Automatic Number
Plate Recognition (ANPR) system).
The RSA proposes that legislation would include particular sanctions and penalties in respect of
vehicle modifications. The penalties would need to be both proportionate and dissuasive so as to
ensure that vehicle modifiers and owners declare a vehicle modification to the DVCSD and also
ensure that the modification is of an appropriate standard
These penalties would exist for the a) use of a modified vehicle on a public road where details of
the modification has not been entered in the relevant NVDF record, and b) use of a modified
vehicle on a public road, where the modification has been recorded on the NVDF but has not been
approved by the NSAI as being of an acceptable standard.
We suggest that in these cases the driver / owner would have their vehicle seized and would
receive a direct summons to court and penalty points on conviction. The seized vehicle would
have to undergo mandatory inspection and certification before being released to the vehicle
owner. The costs associated with these would be charged to the driver / owner of the vehicle.
An offence could also be included for the supply of an unapproved modified vehicle (by a person
or a person in the motor trade) and possibly a requirement for a seller to inform the purchaser of a
vehicle’s modification.
Where a modification has not been declared and / or approved it will be important that upon being
identified by a public body it would be obliged to get approval. In the future, upon identifying a
vehicle modification, the various public bodies discussed earlier will be required to notify the
DVCSD electronically (please see Figure 3).
20
06 Feb 2013
Figure 3
4.5 Proposed legislative provisions for vehicle modification approval scheme
For a modification approval scheme to be successful it must have a sound basis in law. We
propose that provisions be included in Road Traffic legislation for such a scheme in Ireland.
Foremost in this will be a clear definition of a modified vehicle in Road Traffic legislation.
Legislation should also set out the appropriate action to be taken by vehicle owners, vehicle
modifiers, state bodies and enforcement agencies when dealing with a modified vehicle.
To achieve this we propose that the legislation for a modification approval scheme would contain
provisions:
 requiring a vehicle modification to be declared to the Minister for Transport Tourism and Sport
for entry to the NVDF records (function to be carried out by the DVCSD)
 for when a modified vehicle cannot use a public road
 for a process to have a vehicle modification approved which would include a register of facilities
that can inspect a vehicle modification
 penalties for using an unapproved modified vehicle on a public road
 for the action to be taken by public bodies to ensure a modified vehicle, if identified, has the
appropriate approval
 requiring approved modifications to be declared to the Minister for Transport Tourism and Sport
for entry to the NVDF records (function to be carried out by the DVCSD)
21
06 Feb 2013
5. Your Views
Please use the questionnaire below when responding to this consultation document.
Appendix 1 sets out the main safety and environmentally critical modifications which should be
considered a priority for inclusion in the proposed control procedure / approval process.
Appendix 2 sets out other common modifications for which guidelines may be introduced at some
point on the future.
The RSA welcomes feedback on all vehicle modifications.
Questions for all Irish road users, interested parties and the general public
Question
1. Please identify the vehicle modifications
that you believe to be a danger to other
road users
Section for
reference
Response
1&
Appendix 1 &2
(give additional details where necessary)
2. Please identify the vehicle modifications
that you believe to be a nuisance to other
road users and the general public
1&
Appendix 1&2
(give additional details where necessary)
3. Do you think the vehicle modifications
should be regulated?
4. If you believe vehicle modifications should
be regulated please set out your preferred
option:


1, 2, Appendix
1&2
4
Self-declaration by vehicle owner
Introduce a dedicated approval
process for vehicle modifications
5. Why did you choose this option for the
regulation of vehicle modifications?
Table 1, 4
22
06 Feb 2013
6. Have you views on what is the best way to
identify vehicle modifications?
4
(please set out clearly the type of vehicle
modification and how it would be identified)
7. Have you views on what is the best way to
enforce the regulation of vehicle
modifications?
4.4
(please set out clearly the type of vehicle
modification and how it would be enforced)
Additional questions for Vehicle modifiers / Automotive Industry / Vehicle Insurers /
Owners of modified vehicles / Public Bodies
8. What vehicle modifications are of interest
to you:
Appendix 1 & 2
a. modifications to commercial vehicles
(goods or passenger vehicles)
b. conversion of a goods vehicle into a
passenger vehicle (e.g. van to mini-bus)
c. performance or cosmetic enhancements
to passenger cars or motorcycles
(set out the specific vehicle modification
e.g. fitting bodywork to a truck, coil-over
suspension on a car or performance
exhaust on a motorcycle)
9. What are the benefits (economic or
otherwise) of being able to carry out such
a modification(s)?
10.Is there a road safety concern with such a
modification(s)?
11.In your opinion what is the appropriate
standard that should apply when
undertaking this type of vehicle
modification(s)?
Appendix 1 & 2
Appendix 1 & 2
4, Step 2
23
06 Feb 2013
Additional comments from all Irish road users, interested parties and the general public
12.Have you any other comments?
Who to contact with your views
The consultative process commences on the 6 February 2013 and lasts until 20 March 2013.
Comments should be e-mailed to: [email protected] or posted to:
Vehicle Modification Consultation
Vehicle Standards Section
Road Safety Authority
Moy Valley Business Park
Primrose Hill
Ballina
Co Mayo
24
06 Feb 2013
Appendix 1
Appendix 1 sets out the main safety and environmentally critical modifications to assist you in your
consideration of those which you believe should be included in the proposed control procedure / approval
process.
Common Modifications to Passenger Cars
Exhaust systems
Exhaust systems that do not comply with Irish or European Legislation and
the vehicle manufacturers requirements may result in excessive vehicle
emissions and / or noise pollution.
Incorrectly fitted exhaust systems may permit direct access of dangerous
exhaust gases to the passenger compartment.
Fuel systems
(including chipping)
Modifying a vehicles fuel system by remapping a vehicle’s ECU, ‘chipping’
a vehicle or addition of nitros oxide injection equipment may have an effect
on the vehicles emissions and emission control systems.
Such changes may be either to improve a vehicle’s fuel economy or to
increase engine power. If remapping, chipping or fitment of a nitros oxide
system significantly increases the power output of a vehicle’s engine then
its brakes, suspension and tyres may not then be adequate.
Lowering or raising of Altering the road clearance / ride height of a vehicle or the stiffness of its
vehicles
including suspension may have a detrimental effect on its handling and stability.
modification to drive train
components
The welding, chrome plating, heating or bending of axles, suspension and
steering components can alter the mechanical properties of these
components and as a result, their performance. Fabricating and fitting
additional components that are not approved for the vehicle’s suspension
system may negatively affect a vehicle’s handling.
Permanently locking a differential by welding or other means has a
dangerous effect on the handling of a vehicle.
A minimum amount of ground clearance should be maintained for a road
vehicle.
Complex Modifications to Passenger Cars
Engine Substitution
Turbocharger and Supercharger Installation
Transmission Substitution
Rear Axle Replacement
25
06 Feb 2013
Differential Substitution
Brake System Substitution
Passenger Vehicle Extended Wheelbase Conversion (e.g. limousine)
Roll Bar and Roll Cage Installation
Seating Capacity Alteration and Seat Belt / Restraint Installation
Fuel Tank Alteration
Steering Conversion
Modifications to Commercial Passenger Vehicles (Buses, minibuses)
Additional seating and safety belt installations or changing a bus’s seating layout or safety belt
installations
Over the course of a bus’s / large public service vehicle’s life, seats and safety belts may need to be
replaced due to wear and tear or relocated due to a specific transport use (e.g. carriage of wheelchairs)
Additional glazing
New bodywork, exits, steps or ramps
Changes to the vehicles operational / design weight
Redesign / replacement of significant parts of the vehicle (e.g. fuel tanks)
Lengthening of a bus chassis
26
06 Feb 2013
Modifications to Commercial Goods Vehicles (Trucks, Vans)
Conversion of a goods vehicle to a passenger carrying vehicle (e.g. making a van into a passenger car
– changing EU vehicle category from N to M)
The addition of seats and seatbelts can require significant strengthening of the vehicle being modified.
Otherwise the seat / safety belt installation will be less effective, or ineffective, in the event of an
accident, resulting in significant detrimental effects to passenger safety.
Chassis modifications
Additional axle(s)
New (or replacing the) body on an existing goods vehicle chassis (including converting an articulated
tractor unit into a rigid truck)
Addition or modification of coupling devices
Changes to a vehicle’s design or plated weight
Change in EU vehicle category (e.g. N2 – N1)
Change to EU vehicle body type (e.g. tractor unit to rigid vehicle)
Fitment of cranes or other lifting devices.
Increasing a vehicles load carrying capacity
Fitment of additional axle(s) to a goods vehicle or increasing the size of its body would be commonly
undertaken to increase a vehicle’s payload capacity.
A vehicles load carrying capacity may also be increased by the addition of towing / coupling devices.
Additional axles that do not comply with manufacturer’s specifications may affect a vehicle’s braking
system and handling characteristics. A vehicle may not be designed for towing a trailer or fitted with a
towing / coupling device that is not correctly rated for the vehicle.
While a vehicle may have the correct number of axles for a legal maximum weight, or the required
bodywork volume to carry a heavier payload, other components of the vehicle (brakes, suspension,
gearbox) may not be designed to operate at the increased weight.
27
06 Feb 2013
Appendix 2
Appendix 2 sets out other common modifications for which guidelines may be introduced at some point on
the future.
Passenger Car Modifications
Replacement engines
A replacement engine, as distinct from an engine substitution, is one that is
offered by the vehicle manufacturer as an optional engine for a vehicle.
Replacing a vehicle’s engine would not give any cause for concern if this
was done in accordance with manufacturer’s recommendations /
specifications.
However, the fitment of a larger or more powerful engine (engine
substitution) that does not have vehicle manufacturer’s approval, or fitment
of an approved engine without consideration for manufacturer’s
recommendations / specifications, would be a road safety concern.
Glazing
(windscreen and windows)
Road Traffic law already states that no object is to be located on the
windscreen or windows which will interfere with the driver’s vision.
Tinted windscreens and windows are permitted subject to it having the
correct light transmission factor. However, excessively tinted windscreens
and windows greatly reduce a driver’s visibility, particularly during night time
driving, and as a result are unsafe.
The windscreens fitted to a vehicle should be Type Approved and the
methods of fitting replacement glazing should follow manufacturer’s
standards / best practice. This is particularly important in respect of a
vehicles front windscreen as this can be both an important structural
component of the vehicle and also a passive element that ensures a
vehicle’s airbags deploy in the correct direction (i.e. a poorly bonded
windscreen may be detached by the force of an airbag deploying causing
the deployed airbag to be less effectively located for the vehicle occupant).
Lighting systems
All additional lighting systems should be fitted strictly in accordance with
Irish Road Traffic legislation and must not invalidate a vehicle’s Type
Approval.
Vehicles with modified lights can present a significant road safety hazard to
other road users.
For example a vehicle’s headlight assembly, if originally designed and
approved for use with a standard halogen bulb, when retrofitted with a High
Intensity Discharge (HID) light bulb would cause other drivers to be
severely dazzled.
28
06 Feb 2013
To be correctly retrofitted with a HID light bulb the headlamp assembly
must have a cleaning device and a self-levelling system in an effort to
reduce glare for oncoming vehicles.
Replacement
Steering Altering a steering wheel might affect a vehicle's compliance with occupant
wheels and airbags
impact protection requirements as a vehicle's steering column and steering
wheel (including airbags where fitted) are designed to minimise injury to the
driver in the event of a crash.
The deactivation of a vehicle’s airbags or modifying an airbag malfunction
indicator lamp is also a serious road safety concern.
Vehicle accessories and It is the owner’s responsibility to ensure all accessories and equipment
equipment
attached to a vehicle are designed fitted and used in a manner which
reduces the risk of injury to pedestrians and other road users making
contact with the vehicle whether the vehicle is parked or in motion.
Examples include:
Bicycle / wheelchair / roof
racks.
The bicycle or wheelchair and the carrying rack should not obscure any
compulsory lighting or the number plate.
Ladder and racks/external Supports, braces and brackets must not have any sharp edges or
roll bars and roll cages
protrusions and should not interfere with a person's normal access to the
vehicle.
Any attachments or modifications to the vehicle's chassis must be in
accordance with the vehicle manufacturer's recommendations.
Visual display screens
No part of the image on the screen should be visible to the driver from the
normal driving position unless the screen cannot be operated when the
vehicle is moving or it is a driver’s aid (e.g. in-car navigation). As well, it
should not:
•
•
•
•
•
Accessory gauges
obscure the driver’s view of the road
impede the movement of anyone in the vehicle
interfere with occupant restraint systems like head restraints, seat belts
and airbags
increase the likelihood of injury to anyone in the vehicle or
be fitted if any part of the image on the screen is likely to distract
another driver.
Any additional internal or external gauges should:
•
•
not interfere with the field of view of the driver
not produce glare to the driver
29
06 Feb 2013
•
•
not have the possibility of an oil pressure line, or similar, breaking with
pressurised fluids spraying onto the windscreen
be fitted in such a way to reduce the risk of injury to the vehicle
occupants or pedestrians.
Bonnet scoops / projections should not interfere with the driver’s vision
under normal operating conditions with the driver’s seat located at its lowest
and rearmost position. Bonnet-mounted scoops / projections should meet
the following requirements:
Bonnet scoops
All edges and corners shall be designed to reduce the risk of bodily injury to
any person to a minimum. The scoop / projection should not have reflective
surfaces.
•
•
•
Side skirts,
spoilers
flares
Any holes in the bonnet should not substantially reduce the strength or
impact resistance of the bonnet.
Air cleaners or carburettors should not protrude beyond the original
bonnet profile
Air cleaners and/or carburettors should be covered by the bonnet
scoop.
and Side skirts, front and rear spoilers should not affect the road clearance of a
vehicle. The air flow required for brake cooling must not be adversely
affected.
They must not be fitted so that it is likely to increase the risk of bodily injury
to any person. All materials should be of a suitable thickness and be free
from sharp edges or corners.
Rear spoilers should be within the body shape/outline of the mounting
surface (for example boot outline) and they must be free of sharp edges or
corners.
Driving lights/brackets
Should not protrude forward from the front face of any bumper or above the
top of any bull bar.
Fishing rod holders
Should allow the driver a view of the road and of traffic to the front and
sides of the vehicle and rods, hooks, etc, being transported must be
properly secured.
Frontal
Protection Bull bars can have a significant impact on various vehicle safety systems.
Systems (Bull bars)
The most obvious of these are the aspects of a vehicles design to protect
vulnerable road users in the event of a collision. An incorrectly designed or
fitted bull bar can increase the likelihood of severe injuries being caused to
a pedestrian or cyclist.
Also, vehicles with active safety devices such as airbags, etc, rely on a
30
06 Feb 2013
variety of sensors, located at different points throughout the vehicle. If a
bulbar interferes with the operation of one or more of these sensors then
the active safety device may function incorrectly.
Alternative rims and tyres
Many vehicle owners like to replace the vehicle’s original rims and tyres
with alternatives of different width, diameter and profile.
However, a vehicles tyres and wheels are fundamental to its performance;
in particular with respect to braking, stability and control, adhesion to
various surfaces, and for the correct performance of the vehicle’s
suspension system.
Examples include:
Low profile tyres
It is common practice for manufacturers to fit low profile tyres to high
performance motor vehicles as standard equipment. These are normally
fitted in combination with wheels of larger than standard diameter to
maintain the correct overall diameter of the wheel.
Varying the overall diameter of tyres affects ground clearance, centre of
gravity, brake effectiveness, steering geometry, performance and
speedometer accuracy.
Therefore only tyre and wheel combinations within the limits approved by a
vehicle manufacturer should in turn be used on a vehicle.
Tyres
The maximum tyre width for a car should align with the vehicle
manufacturer’s widest optional tyre.
Also as a general rule, the nominal width of the narrowest tyre fitted to a
vehicle must not be less than 70 per cent of the nominal width of the largest
tyre fitted. It should also never be less than the vehicle manufacturer’s
narrowest optional tyre.
Speed and Load ratings
The speed rating of all tyres must be suitable for the maximum legal speed
limit of the vehicle. The speed rating and load rating should be the same
for each tyre on an individual axle and in compliance with manufacturer’s
recommendations.
Tyre construction
Load ratings of tyres must be at least equal to those specified by the
manufacturer and be sufficient for the legal load capacity of an axle.
Tyre tread compounds, patterns, ply ratings and performance
characteristics vary. Tyre construction (e.g. radial) and size must be the
same on a single axle. It is also recommended that the tyres on a vehicle
be identical (e.g. same brand and tread pattern).
31
06 Feb 2013
Vehicle track
Vehicle track is measured at ground level from the centre of the tyre on one
side to the centre of the corresponding tyre on the opposite side of the
vehicle. Front and rear track differs on many vehicles. However the wheel
track of a vehicle should not be reduced to less than the standard track
specified by the vehicle manufacturer for the particular model of vehicle.
General conditions for The rims and tyres should not protrude beyond the bodywork of the vehicle,
alternative rims / wheels including flares, when viewed from above with the wheels facing straight
and tyres
ahead.
All rims fitted to an axle must be of the same diameter, width and offset.
Wheel nut tapers should be appropriate to the wheel and must engage the
thread of the wheel studs for at least the same length as the nuts provided
by the vehicle manufacturer.
The fitting of spacers or adaptors between wheels and hubs, additional to
those provided by the vehicle manufacturer, would not be acceptable. The
tyre and rim should not foul wheel arches or suspension components under
any conditions and steering limit stops should not be adjusted to reduce the
turning circle in order to allow the fitting of the alternative rims and tyres.
Motorcycle Modifications
Frame and suspension Motorbike design is a complex task. Modifications made to a motorbike’s
alterations
frame or suspension that structurally changes the frame, steering head,
front forks, suspension, brakes or wheels may load vital components well
beyond the limits for which they were originally designed.
Engine replacements
This may increase the probability of failure and may be a danger to the rider
and other road users.
Many manufacturers produce a series of models with the same basic frame
fitted with engines of differing capacity.
Therefore
engine
changes
should
adhere
to
manufacturer’s
recommendations as this will ensure that the brakes and suspension fitted
to the vehicle have the correct performance required and that no
modification is required to the frame.
Steering gear and handle The handle bars of a motorbike should adequately extend each side of the
bars
longitudinal axis of the motorbike and hand grips on the handle bars must
be fitted symmetrically.
Motorbikes must be fitted with footrests for the rider, and for any passenger
for whom a seating position is provided.
Exhausts
Road Traffic law prohibits all motor vehicles from causing excessive noise
32
06 Feb 2013
due to the condition or construction of the vehicle, or the manner in which it
is operated.
Motor trikes
Wheels and tyres
Any replacement exhaust system must have the correct approval for the
motorcycle on which it is to be used.
Motor trikes are often constructed by removing the rear swing arm and
substituting a suitable after market or self-constructed rear axle assembly
and body work.
It is important that this modification is suitable for the motorbike and the
vehicle meets with the appropriate Road Traffic and European legislative
requirements.
On all wheels (including any side-car wheel), the tyre size must be suitable
for the rim. Each tyre and rim should be strong enough to support the
machine when it is fully loaded and have the appropriate tyre speed rating.
Chain guards
If the motorbike has a chain drive, the driver and any passenger should be
protected from the front sprocket and at least the upper part of the chain by
the frame or equipment of the motorbike, or by a chain guard.
Mudguards
Appropriate mudguards should be fitted to all wheels (including the sidecar
wheel). Each mudguard should be at least as wide, over its entire length, as
its respective tyre.
33
06 Feb 2013
Appendix 3
Current Control of a Vehicle Modification / Modified Vehicles
Point of control
Public
body
Primary
Function
Periodic Vehicle
Roadworthiness
Testing
Road
Safety
Authority
(RSA)
Periodic
roadworthiness
testing is
carried out on
all cars
(National Car
Test (NCT))
and
commercial
vehicles and
heavy trailers
(Commercial
Vehicle Test
(CVT)).
National Car
Test (NCT)
Commercial
Vehicle Test
(CVT)
Modified
Vehicle
Approval
Process
If during its
roadworthiness
test a vehicle is
found to have a
modification with
“safety
implications”
then certification
is required
before the
vehicle receives
a pass
statement.
This certification
must be either;
approval from
the vehicle
manufacturer or
certification from
a “suitably
qualified
individual” (SQI).
The certification
must state that
the vehicle
modification is
safe and / or
does not
negatively
impact the
vehicle.
Strength / Weakness
Strength
A control procedure is currently in
place for all safety critical
modifications. Specific tests are in
place at NCT for modifications that
would result in an excessively noisy
exhaust / tinted window.
Weakness
Due to the intervals of time between
each test a modified vehicle may
spend a number of months / years inservice before its next roadworthiness
test and as a result a modification
may go without certification for some
time (e.g. 4 years for a car).
There is no requirement at the
roadworthiness test obliging a vehicle
owner to declare a vehicle
modification. No specific fail item in
the roadworthiness test where a
vehicle modification can be identified
if it does not have certification /
approval.
No specific requirement in the
commercial vehicle roadworthiness
test to ensure that all the details on a
vehicle’s Vehicle Registration Cert
(VRC) matches exactly the physical
attributes of the vehicle presented for
test (e.g. correct number of axles,
seating positions, etc. – however such
a check will be facilitated by changes
resulting from the Commercial Vehicle
Test (CVT) reform programme).
While the NCT must issue an alert to
the DVCSD upon identifying a
discrepancy between a vehicle and its
presented documentation or NCTS
file, such a discrepancy would not
stop the testing of the vehicle.
Modifications that are less obvious
34
06 Feb 2013
than a noisy exhaust or tinted window
are difficult for a vehicle tester to
detect. Where a vehicle modification
with safety implications is presented
for test, the subjective nature of what
constitutes a “safety implication” may
result in that vehicle modification
remaining uncertified.
Where certification is requested and
provided by a Suitably Qualified
Individual (SQI), there may be very
little evidence that the SQI was
qualified or competent to assess and
certify a modification.
Point of
control
Public
body
Primary
Function
Modified Vehicle
Approval
Process
Strength / Weakness
Large Public
Service
Vehicles
Licensing
An Garda
Siochana
A bus that is to
be used for the
transportataion of
passengers for
hire or reward
must be
inspected and
licensed by the
Gardai as a
Large Public
Service Vehicle
(LPSV).
LPSV’s are often
modified due to
changes in use of
that vehicle
during the course
of its in-service
life. As a result,
an integral part of
the LPSV
licensing process
is the facility for a
PSV Inspector to
request a
“statement” from
a “qualified
person” for
modifications to a
vehicle being
licensed as a
LPSV.
Strength
A legal procedure4 in place allowing
a PSV Inspector to request a
“statement” from a “qualified person”
confirming that a vehicle, including
any modifications to that vehicle,
complies with the appropriate
regulations.
Weakness
No requirement obliging a vehicle
owner to declare a vehicle
modification to a PSV inspector.
A PSV Inspector may not detect /
identify a vehicle that has been
modified.
Where a modification has been
identified, the PSV Inspector may not
be familiar with the relevant technical
/ manufacturers standards to which a
modification must adhere.
No assurance that a vehicle
modification meets an appropriate
standard.
If the services of a qualified person
are used, there may be very little
4
Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1998
35
06 Feb 2013
evidence that they are in fact qualified
to assess and certify a modification.
Due to the intervals of time between
each PSV inspection, a vehicle
modification may go for some time
before it is shown to comply with the
appropriate regulations.
Point of
control
Public body
European
Community
Whole Vehicle
Type
Approval
(ECWVT)
National
Standards
Authority of
Ireland (NSAI)
Primary Function Modified
Vehicle
Approval
Process
Type Approval is
currently a
mandatory
requirement on
passenger cars
The Revenue
with no more than
Commissioners eight seats,
minibuses, buses,
Road Safety
coaches and
Authority
vans.
(RSA)
Type Approval will
eventually require
all vehicles to
have approval
before being
registered here.
If modified
before
registration, a
vehicle must be
reapproved if the
modification
invalidates the
vehicle’s Type
Approval.
Strength / Weakness
Strength
A clear legal procedure5 is in
place to ensure that all
modifications which take place
pre-registration and invalidate a
vehicle’s approval, be tested
and the vehicle re-approved.
This is supported by defined
minimum standards.
Weakness
As there is a cost associated
with achieving Type Approval,
vehicle modifiers may avoid the
cost of getting this approval by
modifying a vehicle after it has
been registered.
These modifications, if not
checked for adherence to an
accepted standard, may result
in a “new” vehicle having a
lower safety or environmental
standard to a similar, but
approved, new vehicle.
5
European Communities (Road Vehicles: Entry Into Service) Regulations, 2009
36
06 Feb 2013
Point of
control
Public body
Primary
Function
Vehicle
Registration
Tax (VRT)
The Revenue
VRT is
Commissioners chargeable on
the registration
of motor
vehicles
(including
motor-cycles)
in the State. A
vehicle may be
liable for
additional VRT
if having
undergone
specific
modifications.
Modified Vehicle
Approval Process
Strength / Weakness
The Revenue
Commissioners must
be notified of a
vehicle modification /
conversion where
there is a change to:
Strength
A procedure in place to ensure
certain changes to a vehicle,
which may have been as a
result of a vehicle modification,
are recorded and inspected by
an SQI.




the vehicle’s EU
vehicle category
the number of
seating positions
the number of
safety belts
the vehicle’s EU
bodywork
category
A vehicle owner, if
having made such
changes to their
vehicle, must supply
Revenue with a
declaration stating
that the vehicle
modification has
been carried out by a
competent person,
meets the
requirement of Road
Traffic regulations
and has been
inspected by an SQI.
Weakness
In the avoidance of paying VRT
the Revenue Commissioners
may not always be notified of a
vehicle modification.
No assurance that a vehicle
modification meets an
appropriate standard.
The Revenue Commissioners
have indicated they are not the
most suitable point at which to
determine if a vehicle
modification has been carried
out correctly and safely, as they
would not be technically
competent in this regard.
They would also only take
action against the owner of a
modified vehicle if there was a
VRT amount outstanding (e.g.
may seize / impound a vehicle).
Such action however would not
ensure the vehicle is
roadworthy / safe.
37
06 Feb 2013
Point of
control
Public
body
Primary
Function
Modified Vehicle
Approval Process
Strength / Weakness
Motor Tax
offices change of
vehicle
details /
particulars
Local
Authorities
Liability for
motor tax arises
when a vehicle
is used in a
public place or
on a public
road. Motor tax
is paid at the
motor tax offices
of your Local
Authority.
A vehicle owner can
change “particulars” of
their vehicle by filling out
an RF111 form and
submitting this to a
Motor Tax office.
Strength
Procedures in place to ensure
certain changes to a vehicle’s
particulars, which may have
resulted from a vehicle
modification, are recorded.
Such changes would
include:
 Change to a vehicles
unladen weight
(goods vehicles
only)
 Change in vehicle
colour
 New / replacement
engine fitted to a
vehicle
Weakness
A change of vehicle particulars
may be processed for a
modified vehicle by a Motor
Tax office even though the
modification itself was not
assessed to determine whether
it was suitable for the vehicle
and safe.
The RF111 form sets
out specific procedures
that a vehicle owner
must satisfy before any
of these changes are
regularised for a vehicle.
For example; an engine
change / replacement
must be inspected and
certified by a garage (to
verify the engines cubic
capacity) while a change
to a vehicles unladen
weight requires the
vehicle owner to supply
a weight docket and
certificate of
roadworthiness.
While a certificate of
roadworthiness is required for
some vehicle changes listed on
the RF111 form, there is no
requirement to ensure that the
roadworthiness test was
carried out after the vehicle
was modified (if modified).
No assurance that a vehicle
modification meets an
appropriate standard.
Also, Motor Tax officials would
not be technically competent in
assessing if a vehicle
modification has been carried
out to the appropriate standard
and is safe.
38
06 Feb 2013