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Prohibition of use of unlicensed public service vehicle.
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93.—(1) Subject to the provisions of this section it shall not be lawful for a mechanically propelled vehicle in respect of which no public service vehicle licence is in force to be used for the carriage of passengers for reward.
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(2) The Minister for Education may, where he is satisfied that special provision for bringing children to a particular school is necessary, grant to the owner of a mechanically propelled vehicle a licence to use such vehicle for the conveyance of children to such school for reward, and so long as such licence remains in force such mechanically propelled vehicle shall not be a public service vehicle within the meaning of this Act merely by reason of its being used under and in accordance with such licence for the conveyance of children to and from such school for reward.
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(3) Where—
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(a) application is made by the owner of a mechanically propelled vehicle to an officer of the Gárda Síochána not below the rank of superintendent for the issue of such permit as is hereinafter mentioned, and
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(b) such officer is satisfied that a forthcoming event is likely to attract an assemblage of the public and that, having regard to the facilities available to the public for the transport of passengers to and from the place of occurrence of such event and to any other facilities capable of being procured for such transport, the issue of the permit so applied for is reasonably necessary or desirable, and
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(c) such officer has given to the Minister for Industry and Commerce at least five days' notice of the application for such permit and has received from that Minister no objection to the issue of such permit,
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such officer may issue to such owner a permit to use such vehicle for the carriage of passengers for reward on a specified day from and to a specified place to and from the place of occurrence of the said event but subject to such conditions and limitations as such officer shall think proper to specify in such permit, and thereupon such vehicle shall not be a public service vehicle within the meaning and for the purpose of this Act merely by reason of its being used for the carriage of passengers under and in accordance with such permit.
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(4) Where a mechanically propelled vehicle is used for the carriage of eight or more persons who are not in the employment of the owner of such vehicle, such persons shall, until the contrary is proved, be deemed to be carried in such vehicle for reward.
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(5) Whenever a mechanically propelled vehicle is used for the carriage of passengers for reward in contravention of this section the owner of such vehicle shall be guilty of an offence under this section and the driver of such vehicle shall, unless he proves that he did not know that no public service vehicle licence was then in force in respect of such vehicle, also be guilty of an offence under this section.
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(6) Every person who is guilty of an offence under this section shall on summary conviction thereof be liable, in the case of a first offence, to a fine not exceeding twenty pounds or, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.
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