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Terms and Conditions

Introduction

These terms and conditions (the “Terms”) set out the entire agreement between you and the Authority in relation to the issue, display and use of a disc to be affixed to the windscreen of your Registered Vehicle in connection with your use of Toll Roads and the basis upon which such disc may be used.
For the purpose of these Terms:
Applicable Legislation” means section 92, Finance Act 1989 together with the Disabled Drivers (Tax Concessions) Regulations 1989 (SI 340/1989) and Disabled Drivers (Tax Concessions) (Amendment) Regulations (SI 634/2015), in each case as amended, replaced or supplemented from time to time;
Authority” means the National Roads Authority (otherwise known as Transport Infrastructure Ireland);
Data Protection Laws” means applicable data protection laws, including the EU General Data Protection Regulation (Regulation (EU) 2016/679) and the Data Protection Act 2018 and any legislation which amends, extends, consolidates, re-enacts or replaces same, including any statutory instruments and regulations that may be made pursuant thereto from time to time;
Disability Toll Exemption Disc” means a disc to be affixed to the windscreen of your Registered Vehicle in connection with your use of Toll Roads which is issued by the Disability Toll Exemption Disc Operator to:
(a) persons (or bodies) whose vehicles have qualified under the Revenue Commissioners’ Drivers and Passengers with Disabilities Tax Relief Scheme, including any renewal of such disc in accordance with paragraph 9 below; or
(b) a disabled person who has previously been provided by a Toll Company with a card or other evidence specifying that the disabled person does not need to pay Tolls in relation to his or her use of a Toll Company’s Toll Road;
Disability Toll Exemption Disc Operator” means the person which is, from time to time, authorised by the Authority in relation to the issuing, management and operation of Disability Toll Exemption Discs;
Registered Vehicle” means:
(a) in the case of a Disability Toll Exemption Disc falling within paragraph (a) of the definition of “Disability Toll Exemption Disc”, the specially adapted vehicle, for the purposes of the Applicable Legislation, which we have registered as your specially adapted vehicle; or
(b) in the case of a Disability Toll Exemption Disc falling within paragraph (b) of the definition of “Disability Toll Exemption Disc”, the vehicle which we have registered for you;
Toll” means any Toll payable by a person for the use of a Toll Road which is calculated by reference to the vehicle class contemplated by the relevant legislation and applicable bye-laws;
Toll Road” means any road (or section of road) in respect of the use of which a Toll is payable in accordance with the Roads Act 1993; and
Toll Company” means each operator of a Toll Road in the State participating in the Disability Toll Exemption Disc scheme.

Disability Exemption Disc Terms

  1. The Disability Toll Exemption Disc is issued to you on the basis that:
    • your Registered Vehicle qualifies under the Revenue Commissioners’ Drivers and Passengers with Disabilities Tax Relief Scheme; or
    • you have previously been provided with a card or other evidence by a Toll Company which has not yet expired, specifying that you do not need to pay Tolls in relation to your use of a Toll Company’s Toll Road. The Disability Toll Exemption Disc will replace any card or other evidence that was previously provided to you by a Toll Company so that such card or other evidence will no longer be recognised by Toll Companies.
  2. The Disability Toll Exemption Disc shall be valid for use for the shorter of:
    • a period of two (2) years from the date displayed on the Disability Toll Exemption Disc;
    • the period for which the Registered Vehicle is registered as your specially adapted vehicle;
    • the period ending when your right to use the Disability Toll Exemption Disc is suspended or cancelled in accordance with paragraph 10 below; or
    • the period ending on the date when any termination of the Disability Toll Exemption Disc scheme takes effect in accordance with paragraph 19 below; or
    • in the case of a Disability Toll Exemption Disc falling within paragraph (b) of the definition of “Disability Toll Exemption Disc”, the unexpired period of the card or other evidence previously provided to you by a Toll Company
  3. The Disability Toll Exemption Disc is to be displayed to a Toll Company as evidence that:
    • your Registered Vehicle is a vehicle which is a specially adapted vehicle for the purpose of the bye-laws and subject to the bye-laws, may be exempt from a liability to pay Tolls on the Toll Road operated by the Toll Company when you are driving your Registered Vehicle; or
    • you are disabled and may be exempt from a liability to pay Tolls on the Toll Road operated by the Toll Company when you are driving your Registered Vehicle on a Toll Road.
  4. At all times, the Disability Toll Exemption Disc relates to your Registered Vehicle and is non-transferable. You are required to return the Disability Toll Exemption Disc to the Disability Toll Exemption Disc Operator immediately if you transfer and/or no longer have use of your Registered Vehicle. Your Disability Toll Exemption Disc shall cease to have effect upon any transfer of your Registered Vehicle.
  5. Please note that once your Disability Toll Exemption Disc is affixed to the windscreen of your Registered Vehicle, in accordance with the instructions accompanying the Disability Toll Exemption Disc, any attempt to remove it will result in its irreparable damage and it shall cease to have effect.
  6. You may not hold more than one Disability Toll Exemption Disc.
  7. You are required to affix and continue to display the Disability Toll Exemption Disc on the driver side of the front windscreen of your Registered Vehicle, in accordance with the instructions accompanying the Disability Toll Exemption Disc, when travelling on any Toll Road to claim an exemption from paying the Toll. Failure to affix the Disability Toll Exemption Disc in accordance with the instructions and display it in accordance with these Terms may result in you being required to pay the applicable Toll.
  8. You may use the Disability Toll Exemption Disc as soon as you receive the Disability Toll Exemption Disc from the Disability Toll Exemption Disc Operator.
  9. The Disability Toll Exemption Disc needs to be presented at the manual lanes for to allow passage through a toll plaza (i.e. at a manned toll booth with toll operator). All other lanes shall not be used (i.e. express lanes, automatic coin machine lanes etc.).
  10. A Disability Toll Exemption Disc falling within paragraph (a) of the definition of “Disability Toll Exemption Disc” may be renewed in the three (3) months prior to it ceasing to be valid and upon the completion and submission of the appropriate application form together with any required supporting documentation. Any renewal of a Disability Toll Exemption Disc shall take effect on the later of the issue of the renewed Disability Toll Exemption Disc or the expiry of the current Disability Toll Exemption Disc.

A Disability Toll Exemption Disc falling within paragraph (b) of the definition of “Disability Toll Exemption Disc” may not be renewed on its expiry.

  1. The Disability Toll Exemption Disc Operator may, at its discretion, at any time, cancel or suspend the right to use the Disability Toll Exemption Disc or refuse to reissue, renew or replace a Disability Toll Exemption Disc if the Disability Toll Exemption Disc Operator has reason to believe that:
    • the Disability Toll Exemption Disc is used in relation to a vehicle other than your Registered Vehicle to which the Disability Toll Exemption Disc was issued;
    • the Disability Toll Exemption Disc has been tampered or altered;
    • you have breached these Terms; or
    • there are reasonable grounds for doing so.

You are responsible for all risks of misuse and unauthorised use of the Disability Toll Exemption Disc.

The Disability Toll Exemption Disc Operator shall notify you in writing that the Disability Toll Exemption Disc has been suspended or cancelled and request that the Disability Toll Exemption Disc be returned to the Disability Toll Exemption Disc Operator immediately.

Neither the Disability Toll Exemption Disc Operator nor the Authority accepts any liability or has any responsibility for the direct or indirect consequences arising from any suspension or cancellation of a Disability Toll Exemption Disc in accordance with these Terms.

  1. Your Disability Toll Exemption Disc is and remains the property of the Authority.
  2. In the event that a Disability Toll Exemption Disc is lost, stolen or damaged, a replacement Disability Toll Exemption Disc may be requested from the Disability Toll Exemption Disc Operator at customercare@dtes.ie or DTES, EA House, Damastown Road, Mulhuddart, Dublin 15. The Disability Toll Exemption Disc Operator reserves the right to request further information and review whether a replacement Disability Toll Exemption Disc should be issued.
  3. You are responsible for notifying the Disability Toll Exemption Disc Operator if you are no longer eligible to use the Disability Toll Exemption Disc.
  4. It is your responsibility to be truthful and honest in respect of details provided to the Disability Toll Exemption Disc Operator or the Authority. You are responsible for keeping the Disability Toll Exemption Disc Operator and the Authority informed of your up-to-date information, including your address, contact information, vehicle information and registration details (if applicable).  You should provide the Disability Toll Exemption Disc Operator and the Authority with updated information if, for example, you change address.
  5. If you have any queries or complaints relating to your Disability Toll Exemption Disc, please provide details of your query or complaint in writing to the Disability Toll Exemption Disc Operator at customercare@dtes.ie or DTES, EA House, Damastown Road, Mulhuddart, Dublin 15. If you are unhappy with the outcome of a complaint made to the Disability Toll Exemption Disc Operator, you may appeal this outcome to the Authority. Any appeal shall be submitted to the Authority in writing at [insert email/postal address] no later than [six (6)] months from the date of the initial complaint made to the Disability Toll Exemption Disc Operator.
  6. Personal details we obtain through your application for, and use of, the Disability Toll Exemption Disc shall be held and used by the Disability Toll Exemption Disc Operator in compliance with all applicable legal and regulatory requirements, including Data Protection Laws.  Details of the personal data that we collect, the purposes for which it is used, the third parties to whom it may be disclosed and how you can exercise your rights in respect of your personal data are set out in our current Data Protection Statement, which is available https://dtes.ie/disability-toll-data-protection.
  7. Except as expressly set out in these Terms, to the greatest extent permitted by law all warranties, conditions, representation, undertaking, statements, terms and provisions express or implied by statute, common law or otherwise are excluded by the Authority. These Terms shall be governed by and construed in accordance with Irish law and any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the Irish courts.
  8. The Authority may alter, amend, or otherwise change these Terms at any time without prior notice. All revised Terms will apply immediately.  It is up to you to regularly review the Terms in case there are changes.  A copy of the latest version of these Terms will be available on [insert website].
  9. The Authority may, at any time, terminate the scheme relating to the Disability Toll Exemption Discs. Your Disability Toll Exemption Disc shall cease to be valid three (3) months after the date the Authority notifies you that it is terminating the scheme or schemes.
  10. The Authority may serve notices in relation to these Terms by publishing notices in two daily newspapers circulating in the State.
  11. These Terms shall be governed and construed in accordance with the laws of Ireland.

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