The Minister for Local Government in exercise of the powers conferred on him by sections 5 and 82 of the Road Traffic Act, 1961 (No. 24 of 1961) hereby makes the following Regulations—

PART I. GENERAL.

1 Citation:

1. These Regulations may be cited as the Road Traffic (Public Service Vehicles) Regulations, 1963.

2 Commencement.

2. These Regulations shall come into operation on the 27th day of October, 1963.

3 Interpretation.

3. (1) In these Regulations, save where the context otherwise requires:—

"the Act" means the Road Traffic Act, 1961 ;

"Commissioner" means the Commissioner of the Garda Síochána;

"Cork Corporation" means the Lord Mayor, Aldermen and Burgesses of Cork;

"Cork taximeter area" means the area consisting of the County Borough of Cork together with such portion of the County of Cork as lies within a circle with a radius of ten miles having its centre at the principal post office at Oliver Plunkett Street, Cork;

"Dublin Corporation" means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin;

"Dublin taximeter area" means the area consisting of the County Borough of Dublin, the Borough of Dún Laoghaire and such portion of the County of Dublin as lies within a circle with a radius of ten miles having its centre at the General Post Office at O'Connell street, Dublin;

"licensed private hire vehicle" means a small public service vehicle the public service vehicle licence in respect of which limits the use of the vehicle to use as a private hire vehicle;

"licensed public hire vehicle" means a small public service vehicle the public service vehicle licence in respect of which does not limit the use of the vehicle to use as a private hire vehicle;

"passenger accommodation" means seating passenger accommodation determined in accordance with the provisions of the Road Traffic (Passenger Accommodation of Mechanically Propelled Vehicles) Regulations, 1962 ( S.I. No. 143 of 1962 );

"public service vehicle licence" means a licence granted under article 20 of these Regulations;

"statutory transport undertaking" means Córas Iompair Eireann, Londonderry and Lough Swilly Railway Company and County Donegal Railways Joint Committee;

"taximeter area" includes the Dublin taximeter area and the Cork taximeter area;

"vehicle" means a mechanically propelled vehicle.

(2) In these Regulations a reference to the use of a vehicle as a public hire vehicle shall be construed as a reference to the use of a small public service vehicle—

(a) by standing the vehicle for hire at an appointed stand or by using the vehicle in pursuance of a contract of hiring made at an appointed stand with the driver for the immediate hire of the driver and the vehicle for the carriage of persons for reward,

(b) by the driver offering, in a public place in a taximeter area, himself and the vehicle for immediate hire for the carriage of persons for reward,

(c) so that the driver stands or drives the vehicle in a public place in a taximeter area for the purpose of being immediately hired with the vehicle for the carriage of persons for reward,

(d) so that the vehicle and the driver are hired in a public place in a taximeter area for the carriage of persons for reward on the terms that the hiring is to commence immediately, or

(e) so that the vehicle is used in pursuance of a contract of hiring made in a public place in a taximeter area with the driver for the immediate hire of the driver and the vehicle for the carriage of persons for reward.

(3) In these Regulations a reference to the use of a vehicle as a private hire vehicle shall be construed as a reference to the use of a small public service vehicle otherwise than as a public hire vehicle.

4 Revocations.

4. The regulations and orders specified in the Second Schedule to these Regulations are hereby revoked to the extent specified in the third column of that Schedule.

PART II. OPERATION OF PUBLIC SERVICE VEHICLES.

5 Use of vehicle for carriage of persons for reward.

5. A person shall not use a vehicle in a public place for the carriage of persons for reward unless—

(a) there is in force in respect of the vehicle a public service vehicle licence issued pursuant to these Regulations, or

(b) in the case of a large public service vehicle, the vehicle is owned or operated by a statutory transport undertaking.

6 Use of vehicle as public hire vehicle.

6. A person shall not use a vehicle as a public hire vehicle unless the vehicle is a licensed public hire vehicle.

7 Public hire vehicles in taximeter areas.

7. (1) Subject to sub-article (2) of this article, a person shall not use a vehicle as a public hire vehicle in a taximeter area unless there is fitted to the vehicle a taximeter complying with these Regulations.

(2) Sub-article (1) of this article shall not operate so as to prohibit in a taximeter area the carriage of persons for reward in a small public service vehicle which is not fitted with a taximeter where the contract to carry such persons is made outside the taximeter area.

8 Taximeters.

8. A taximeter fitted to a vehicle used as a public hire vehicle shall—

(a) be securely attached to the vehicle so that the taximeter cannot be detached or be caused to become inaccurate by vibration of the engine or by the motion of the vehicle,

(b) be in such a position on the vehicle as to enable a person inside the vehicle easily to see and read the taximeter,

(c) have the transmitter cable connecting the taximeter with the wheels or the driving mechanism of the vehicle so situated and so protected by an outer cover as to render damage to the cable unlikely, and

(d) be in good order, repair and condition.

9 Maximum fares in taximeter areas.

9. (1) The Dublin Corporation by resolution of the City Council may, after consultation with the Dublin County Council and the Corporation of Dún Laoghaire, fix the maximum fares for licensed public hire vehicles in the Dublin taximeter area.

(2) The Cork Corporation by resolution of the Council of the Borough may, after consultation with the Council of the County of Cork, fix the maximum fares for licensed public hire vehicles in the Cork taximeter area.

(3) Where maximum fares are fixed under this article by the Dublin Corporation or by the Cork Corporation the fares so fixed shall be published and a statement of such fares shall be made available for purchase, by the Corporation concerned.

10 Certificate as to maximum fares.

10. (1) The Dublin City Manager and Town Clerk may issue a certificate that on a specified day a specified fares was the maximum fare fixed for licensed public hire vehicles in the Dublin taximeter area.

(2) The Cork City Manager and Town Clerk may issue a certificate that on a specified day a specified fare was the maximum fare for licensed public hire vehicles in the Cork taximeter area.

11 Notice of maximum fares.

11. (1) There shall be exhibited in every licensed public hire vehicle used in a taximeter area a notice showing the maximum fares fixed for public hire vehicles in the taximeter area.

(2) Sub-article (1) of this article shall not operate so as to prohibit in a taximeter area the carriage of persons for reward in a licensed public hire vehicle which does not exhibit such notice where the contract to carry such persons is made outside the taximeter area.

12 Use of word "taxi".

12. The word "taxi" shall not be used or exhibited in any written statement, advertisement, sign or other published notice in relation to a public service vehicle which is not a licensed public hire vehicle fitted with a taximeter in pursuance of these Regulations.

13 Vehicle plate.

13. (1) The vehicle plate mentioned in article 28 of these Regulations shall at all times be securely affixed to the public service vehicle in respect of which it is issued by means of metal bolts, screws or rivets—

(a) in the case of a large public service vehicle, on the outside of the waist panel on the left or near side at a distance from the entrance to the vehicle not exceeding two feet and in such a position and manner that the view of the front of the vehicle plate from the left or near side of the vehicle is not obscured, and

(b) in the case of a small public service vehicle—

(i) on the outside of the rear panel or immediately above the rear identification mark and in such a position and manner that the view of the front of the vehicle plate from the rear of the vehicle is not obscured, or

(ii) where the vehicle is a licensed private hire vehicle, to the inside of the vehicle in such a position and manner that the front of the vehicle plate is clearly visible, by daylight when the vehicle is stationary, to a person wishing to inspect the plate without entering the vehicle.

(2) The vehicle plate shall at no time be so defaced or obscured that any of the letters or numbers thereon or the design thereof is obliterated, altered or rendered illegible.

14 Conductors.

14. (1) A large public service vehicle having passenger accommodation for more than fourteen passengers shall not be used as an omnibus unless—

(a) there is carried on the vehicle a conductor who acts as the conductor of the vehicle,

(b) the vehicle is a single-deck vehicle every entrance or exit (other than an emergency exit) of which is fitted with a powered door under the effective control and supervision of the driver, or

(c) the vehicle is of such a class or is used in such circumstances as is or are certified by the Commissioner (or any officer of the Garda Síochána authorised by the Commissioner in that behalf) to warrant the use of the vehicle as an omnibus without the carriage of a conductor thereon.

(2) Where the owner or operator of a public service vehicle employs two or more conductors, he shall issue to each conductor a distinctive badge having a serial number thereon, which badge shall be worn by the conductor while acting as the conductor of a public service vehicle of that employer.

15 Weekly period of rest.

15. (1) Every person employed as a driver or as a conductor of a large public service vehicle shall be allowed by his employer a weekly period of rest of not less than twenty-four consecutive hours in every period of seven days, and the right of such person to such weekly period of rest shall be deemed to be a term of his employment as such driver or conductor.

(2) Every person employed as a driver or as a conductor of a large public service vehicle shall take the weekly period of rest to which he is entitled under sub-article (1) of this article.

16 Defective public service vehicle

16. A person shall not cause or permit the use of a vehicle for the carriage of persons for reward while the vehicle is unserviceable or unsafe or otherwise unfit for the carriage of persons or, by reason of dilapidation, lack of cleanliness or other cause, unsuitable for the accommodation of passengers.

17 Damage to public service vehicles.

17. A person shall not wilfully or maliciously commit any damage to a public service vehicle.

18 Carriage of dangerous substances.

18. (1) Subject to sub-article (2) of this article, a person shall not cause or permit any highly inflammable, dangerous or offensive article to be carried in a public service vehicle.

(2) Sub-article (1) of this article shall not operate so as to prohibit the carriage in a public service vehicle of—

(a) fuel and lubricant necessary for the vehicle,

(b) any substance which is carried in containers so designed and constructed or which is so packed that in the event of an accident it is unlikely to cause damage or injury to the vehicle or to persons carried therein, or

PART III. LICENSING OF PUBLIC SERVICE VEHICLES.

19 Application of this Part.

19. This Part of these Regulations applies to all public service vehicles other than large public service vehicles owned or operated by a statutory transport undertaking.

20 Grant of public service vehicle licence.

20. (1) The Commissioner or an officer of the Garda Síochána authorised by the Commissioner in that behalf may grant to the owner of a public service vehicle a licence in respect of a vehicle to which this Part of these Regulations applies.

(2) An application for the grant of a public service vehicle licence shall be made in such form and manner and contain such particulars as the Commissioner shall direct and shall be accompanied by a receipt showing that the fee payable in respect of the application has been paid.

(3) Where an application for the grant of a public service vehicle licence is duly made, the Commissioner or the authorised officer shall grant the licence where—

(a) in the case of a licence for the use of the vehicle as a large public service vehicle, he is satisfied that the vehicle complies with the regulations in operation under section 11 of the Act applicable to such vehicle;

(b) in the case of a licence for the use of a vehicle as a public hire vehicle, he is satisfied that the character and previous conduct of the applicant are such that the applicant is a fit and proper person to hold such a licence and that the vehicle complies with the regulations in operation under section 11 of the Act applicable to licensed public hire vehicles;

(c) in the case of a licence for the use of the vehicle as a private hire vehicle, he is satisfied that the particulars contained in the application for the licence are correct and that—

(i) in the case of a vehicle to which section 18 of the Act applies, a valid test certificate is in force in respect of the vehicle, or

(ii) in any other case, the vehicle is safe for the carriage of passengers.

21 Form and duration of licence.

21. (1) A public service vehicle licence shall—

(a) bear a serial number,

(b) be expressed to licence the vehicle for use as—

(i) a large public service vehicle,

(ii) a small public service vehicle, or

(iii) a small public service vehicle limited to use as a private hire vehicle, and shall

(2) A public service vehicle licence shall remain in force for a period of three years from the date of its grant or until the sooner—

(a) surrender of the licence,

(b) revocation of the licence, or

(c) change of ownership of the vehicle in respect of which the licence was granted (other than a devolution of the ownership on the personal representative of an owner who has died).

22 Death of owner.

22. (1) On the death of the holder of a public service vehicle licence, the licence shall devolve on his personal representative.

(2) On the transfer of the vehicle from the personal representative, the licence shall cease to be in force.

23 Infancy, etc. of owner.

23. Where the owner of a public service vehicle is an infant or of unsound mind or under any other disability, the public service vehicle licence in respect of such vehicle may be granted to the guardian or committee of or to a trustee for such owner.

24 Revocation of licence.

24. (1) The Commissioner may at any time revoke a public service vehicle licence if he considers that the condition of the vehicle is such or the character or conduct of the owner is such that he would be justified in refusing to grant the licence if an application for the grant of the licence under article 20 of these Regulations were made to him at that time.

(2) On the revocation by the Commissioner of a public service vehicle licence, the Commissioner shall send notice in writing of the revocation to the owner of the vehicle at the address shown in the register referred to in article 32 of these Regulations as the address for the time being of the owner, but failure to send such notice or any error or inaccuracy in the notice shall not invalidate the revocation.

(3) Where the holder of a public service vehicle licence is convicted of a crime or offence which in the opinion of the court renders him unfit to hold such a licence, the court may revoke the licence and shall notify the Commissioner of any such revocation.

25 Suspension of licence.

25. (1) The Commissioner may at any time suspend a public service vehicle licence for a period where he considers that the condition of a vehicle is such that he would be justified in refusing to grant the licence of an application for the grant of the licence under article 20 of these Regulations were made to him at that time.

(2) On the suspension of a public service vehicle licence, the Commissioner shall send notice of the suspension to the owner of the vehicle at the address shown in the register referred to in article 32 of these Regulations, but failure to send such notice or any error or inaccuracy in the notice shall not invalidate the suspension.

(3) The Commissioner may at any time remove the suspension of a public service vehicle licence.

(4) On suspension a public service vehicle licence shall cease to be in force for the period of the suspension or until the suspension is removed.

26 Surrender of licence.

26. The holder of a public service vehicle licence may at any time surrender the licence to the Commissioner.

27 Appeal.

27. (1) Whenever the Commissioner or authorised officer refuses an application for the grant of a public service vehicle licence or whenever the Commissioner revokes or suspends such a licence, the owner of the vehicle may appeal against such refusal, revocation or suspension.

(2) In the case of a refusal of an application for a public service vehicle licence or of a revocation of such a licence where the ground of such refusal or revocation is that the owner of the vehicle is not a fit and proper person to hold a public service vehicle licence, the appeal shall be to the Justice of the District Court having jurisdiction in the place in which the owner of the vehicle ordinarily resides and, in the case of any other refusal or revocation and of a suspension of a public service vehicle licence, the appeal shall be to the Minister for Local Government.

(3) On the hearing of an appeal under this article, the Justice or the Minister (as the case may be) may either confirm the refusal, revocation or suspension or direct the Commissioner or authorised officer to grant the licence or to annul the revocation or remove the suspension.

(4) The Justice or the Minister (as the case may be) shall cause notice of his decision on an appeal under this article to be given to the Commissioner or authorised officer, who shall comply with any direction given under this article.

28 Vehicle plate.

28. (1) On granting a public service vehicle licence, the Commissioner or authorised officer shall issue to the owner of the vehicle a metal plate (in these Regulations referred to as a vehicle plate) complying with the provisions of this article.

(2) (a) A vehicle plate shall be in the form of an ellipse surrounded by a band.

(b) The words "Feithicil Seirbhíse Poiblí" shall appear in the band, and the serial number of the licence in the space within the band.

(3) Where the Commissioner or authorised officer is satisfied that a vehicle plate has been lost or destroyed or has become so defaced as to be wholly or partly illegible, he may issue a substitute vehicle plate to the owner of the vehicle on the production to him of a receipt showing that the fee payable for a substitute vehicle plate has been paid.

29 Delivery of licence and plate by owner.

29. (1) Whenever a public service vehicle licence ceases otherwise than through effluxion of time to be in force, the owner of the vehicle shall within three days deliver to the Commissioner the licence and the vehicle plate issued in respect of the vehicle.

(2) On the termination or removal of a suspension or on the annulment of a revocation of a public service vehicle licence, the Commissioner shall return the licence and vehicle plate.

(3) Whenever a public service vehicle licence ceases through effluxion of time to be in force, the owner of the vehicle shall deliver the vehicle plate to the Commissioner or authorised officer who granted the licence.

30 Change of address.

30. (1) The holder of a public service vehicle licence shall, within three days after any change of his address, send to the Commissioner or authorised officer who granted the licence, the licence together with notice in writing stating the fact of such change and giving particulars of his new address for noting on the licence.

(2) On the death of the holder of a public service vehicle licence the personal representative of such holder shall send to the Commissioner or authorised officer who granted the licence, notice in writing of the death together with particulars of the name and address of such personal representative.

31 Fees.

31. (1) The fee payable in respect of an application for a public service vehicle licence shall be, in the case of—

(a) a licence in respect of a large public service vehicle—£6,

(b) a licence in respect of a small public service vehicle not being a licence referred to in paragraph (c) of this sub-article—£3,

(2) The fee payable for a substitute vehicle plate shall be—5s.

(3) The fees payable under this article shall be paid to the licensing authority, within the meaning of Part III of t he Act, in whose functional area the owner of the vehicle ordinarily resides, at the office designated by such licensing authority for that purpose and shall be disposed of by the licensing authority in the manner prescribed in sub-article (1) of article 6 of the Road Vehicles (Registration and Licensing) Order, 1958 ( S.I. No. 15 of 1958 ).

(4) Where an application for a public service vehicle licence is refused, two-thirds of the fee paid by the owner of the vehicle shall be repaid to him by the licensing authority to whom it was paid.

32 Register of public service vehicle licences.

32. (1) The Commissioner shall cause to be kept a register of all public service vehicle licences granted under these Regulations.

(2) The register shall show the name and address of each holder of a licence, every change of address notified under article 30 of these Regulations, all revocations and suspensions of public service vehicle licences and all annulments of such revocations and removals of such suspensions.

(3) The register shall be available for inspection at all reasonable times.

(4) The Commissioner or an officer of the Garda Síochána authorised by the Commissioner in that behalf may issue a certificate that a specified person was on a specified day the holder of a public service vehicle licence under these Regulations or that on a specified day a public service vehicle licence was in force in respect of a specified vehicle.

33 Inspection of licensed public service vehicles.

33. (1) The Commissioner or an officer of the Garda Síochána authorised by the Commissioner in that behalf may, at any time and as often as he thinks fit, cause any licensed public hire vehicle or licensed large public service vehicle to be inspected and examined by a member of the Garda Síochána or other person who is properly qualified to make such an inspection and examination, and the Commissioner or such authorised officer shall cause every such vehicle to be so inspected and examined at least once a year.

(2) Whenever the Commissioner or authorised officer proposes to cause a vehicle to be inspected and examined under this article, he shall notify the owner of the vehicle, appointing a time and place for the inspection and examination and requiring the owner to produce the vehicle for the inspection and examination at that time and place.

(3) The owner of a vehicle who has been notified under this article shall produce the vehicle at the time and place appointed for the inspection and examination and shall not in any manner obstruct or prevent the inspection or examination of the vehicle.

(4) Where a vehicle is being inspected and examined under this article, the person making the inspection and examination may—

(a) drive the vehicle for a reasonable time and distance,

(b) require the person in charge of the vehicle to drive it or cause it to be driven for a reasonable time and distance in such direction and manner and at such speeds as the person making the inspection and examination directs and to carry such person in it while it is being so driven,

(c) carry out or cause to be carried out such tests as the person making the inspection and examination considers reasonable.

PART IV. LICENSING OF DRIVERS OF PUBLIC HIRE VEHICLES.

34 Grant of licence.

34. (1) The Commissioner or an officer of the Garda Síochána authorised by the Commissioner in that behalf may grant to any person a licence to drive licensed public hire vehicles.

(2) An application for the grant of a licence to drive licensed public hire vehicles shall be made in such form and manner and contain such particulars as the Commissioner shall direct and shall be accompanied by a receipt showing that the fee payable in respect of the application has been paid.

(3) Where an application for the grant of a licence to drive licensed public hire vehicles is duly made, the Commissioner or authorised officer shall grant the licence if he is satisfied that the applicant for the licence holds a driving licence which is in force and is a fit and proper person to hold a licence to drive licensed public hire vehicles.

35 Form and duration of licence.

35. (1) A licence to drive licensed public hire vehicles shall bear a serial number and shall be expressed to licence the grantee to drive licensed public hire vehicles.

(2) A licence to drive licensed public hire vehicles shall remain in force for a period of five years from the date of its grant or until the sooner surrender or revocation of the licence.

36 Revocation of licence.

36. (1) The Commissioner may at any time revoke a licence to drive licensed public hire vehicles if he considers that the holder of the licence is no longer a fit and proper person to hold such a licence.

(2) On the revocation by the Commissioner of a licence to drive licensed public hire vehicles, the Commissioner shall send notice in writing of the revocation to the person whose licence is revoked, but failure to send such notice or any error or inaccuracy in the notice shall not invalidate the revocation.

(3) Where the holder of a licence to drive licensed public hire vehicles is convicted of a crime or offence which in the opinion of the court renders him unfit to hold such a licence, the court may revoke the licence and shall notify the Commissioner of any such revocation.

(4) Where the holder of a licence to drive licensed public hire vehicles is disqualified for holding a driving licence (being either a disqualification for holding any driving licence whatsoever or a disqualification for holding a driving licence in respect of a class of vehicles which includes licensed public hire vehicles) the licence to drive licensed public hire vehicles of such holder shall cease to be in force for the period of such disqualification.

37 Appeal.

37. (1) Whenever the Commissioner or authorised officer refuses an application for the grant of a licence to drive licensed public hire vehicles or whenever the Commissioner revokes such a licence, the applicant or person whose licence is revoked may appeal against such refusal or revocation to the Justice of the District Court having jurisdiction in the place in which such applicant or person ordinarily resides.

(2) On the hearing of an appeal under this article, the Justice may either confirm the refusal or revocation or direct the Commissioner or authorised officer to grant the licence or to annul the revocation.

(3) The Justice shall cause notice of his decision on an appeal under this article to be given to the Commissioner or authorised officer, who shall comply with any direction given under this article.

38 Driver's badge.

38. (1) On granting a licence to drive licensed public hire vehicles, the Commissioner or authorised officer shall issue to the person to whom the licence is granted a badge (in these Regulations referred to as a driver's badge) bearing a serial number and such words and numbers as the Commissioner shall direct.

(2) Where the Commissioner or authorised officer is satisfied that a driver's badge has been lost or destroyed or has become so defaced as to be wholly or partly illegible, he may issue a substitute badge to the holder of the licence on the production to him of a receipt showing that the fee payable for a substitute driver's badge has been paid.

39 Delivery of licence and badge by driver.

39. (1) Whenever a licence to drive licensed public hire vehicles is revoked or ceases to be in force otherwise than by effluxion of time, the person whose licence is revoked or has ceased to be in force shall within three days deliver to the Commissioner the licence and the driver's badge issued to such person.

(2) On the annulment of a revocation of a licence to drive licensed public hire vehicles or on the termination of the cesser of such a licence, the Commissioner shall return the licence and driver's badge.

(3) Whenever a licence to drive licensed public hire vehicles ceases through effluxion of time to be in force the person whose licence has ceased to be in force shall deliver the driver's badge to the Commissioner or authorised officer who granted the licence.

40 Change of address.

40. The holder of a licence to drive licensed public hire vehicles shall, within three days after any change of his address send to the Commissioner or authorised officer who granted the licence, the licence together with notice in writing stating the facts of such change and giving particulars of his new address for noting on the licence.

41 Fees.

41. (1) The fee payable in respect of an application for a licence to drive licensed public hire vehicles shall be—£1.

(2) The fee payable for a substitute driver's badge shall be—5s.

(3) The fees payable under this article shall be paid to the licensing authority, within the meaning of Part III of the Act, in whose functional area the applicant for the licence or badge ordinarily resides, at the offices designated by such licensing authority for that purpose and shall be disposed of by the licensing authority in the manner prescribed in sub-article (1) of article 6 of the Road Vehicles (Registration and Licensing) Order, 1958.

42 Register.

42. (1) The Commissioner shall cause to be kept a register of all licences to drive licensed public hire vehicles granted under these Regulations.

(2) The register shall show the name and address of each holder of a licence to drive licensed public hire vehicles, every change of address notified under article 40 of these Regulations, all revocations of such licences and all annulments of such revocations.

(3) The register shall be available for inspection at all reasonable times.

(4) The Commissioner or any officer of the Garda Síochána authorised by the Commissioner in that behalf may issue a certificate that a specified person was on a specified day the holder of a licence to drive licensed public hire vehicles under these Regulations.

43 Restriction on driving of licensed public hire vehicle.

43. (1) A person shall not drive a licensed public hire vehicle unless there is in force in respect of that person a licence to drive licensed public hire vehicles.

(2) The owner of a licensed public hire vehicle shall not employ as driver of such vehicle a person in respect of whom no licence to drive licensed public hire vehicles is in force.

PART V. DUTIES OF DRIVERS, CONDUCTORS AND OTHER EMPLOYEES AND PASSENGERS ON PUBLIC SERVICE VEHICLES.

44 Rules for conductor and driver of large public service vehicle.

44. The conductor and the driver of a large public service vehicle shall, while acting as such conductor and driver respectively, comply with the following rules, that is to say:

(1) Each shall be in constant attendance on the vehicle.

(2) Each shall take all reasonable precautions to ensure the safety of passengers in or on or entering or alighting from the vehicle.

(3) Each shall give all reasonable assistance and information to any person having authority to examine the vehicle.

(4) Each shall give, if so requested, to any member of the Garda Síochána or to any other person having reasonable cause, his name, the name and address of the person by whom he is employed and, in the case of the driver, particulars of his driving licence.

45 Rules for conductor of large public service vehicle.

45. The conductor of a large public service vehicle shall, while acting as such conductor, comply with the following rules, that is to say:

(1) He shall not, except for sufficient reason, by failing to signal to the driver to start, or by signalling to the driver to stop, or otherwise, cause the vehicle to remain stationary on a road longer than is reasonably necessary to take up or set down passengers except at a stand or place where the vehicle is permitted by law to stop for a longer time than is necessary for the said purpose.

(2) He shall by signal or otherwise cause the driver to stop the vehicle—

(a) for the purpose of enabling intending passengers to enter the vehicle at a point where the vehicle can lawfully be stopped for the purpose of taking up passengers,

(b) for the purpose of enabling passengers to leave the vehicle at a point where the vehicle can lawfully be stopped for the purpose of setting down passengers,

(d) when the vehicle is involved in any occurrence whereby any person is injured or any property is damaged and the driver of the vehicle might not be aware of such occurrence, or

(e) in any emergency of which the driver of the vehicle might not be aware and which renders it advisable to stop the vehicle in order to avoid injury to any person or damage to any property.

(3) Save and except for the purposes and in the circumstances mentioned in the next preceding rule or at a regular stopping place on a journey or at the end of the journey, he shall not, by signal or otherwise, cause the vehicle to stop.

(4) He shall keep the driver informed either by signal or otherwise whether the vehicle is or is not at any time carrying the maximum number of passengers which at the time and in the circumstances it is lawful to carry on the vehicle.

(5) He shall not, when the vehicle is in motion, distract the driver's attention without reasonable cause.

(6) He shall guide the driver while the vehicle is being reversed.

(7) He shall to the best of his ability take steps whenever necessary to enforce the provisions of these Regulations relating to the conduct of passengers and intending passengers.

(8) He shall take all reasonable precautions to ensure that the means provided for indicating the route, the fares and the destination of the vehicle are clearly and correctly displayed and that any current time-table provided is available for inspection on demand.

(9) He shall not wilfully deceive or refuse to inform any passenger or intending passenger as to the destination or route of the vehicle or as to the fare for any journey on the route of the vehicle.

(10) He shall ensure that any article which may be carried in or on the vehicle (whether such article is or is not accompanied by the owner thereof) is so placed and arranged that it will not interfere with the comfort or safety of passengers.

(11) As respects the badge issued to him pursuant to these Regulations—

(a) he shall wear it in a position where it can be seen readily by passengers and while so worn it shall be in such condition that the number thereon is not obliterated or concealed in any way;

(b) he shall not hinder, prevent or obstruct any person having reasonable cause for doing so from taking the number of such badge.

(12) In the case of fire in the vehicle he shall immediately make every reasonable effort to extinguish the fire, using where necessary the appliances provided for that purpose.

46 Rules for driver of large public service vehicle.

46. The driver of a large public service vehicle shall, while acting as such driver, comply with the following rules, that is to say:

(1) He shall stop the vehicle—

(a) at the next point where the vehicle can lawfully be stopped for the purpose of setting down passengers when he is signalled to do so by any person in the vehicle,

(b) when signalled to do so by any intending passenger at a point where the vehicle can lawfully be stopped for taking up passengers unless the vehicle is already carrying the maximum number of passengers which at the time and in the circumstances it is lawful to carry on the vehicle,

(c) in any emergency which renders it advisable to stop the vehicle in order to avoid injury to any person or damage to any property, or

(d) at any point or in any circumstances where he is required by law to stop the vehicle.

(2) In the case of an omnibus, he shall not stop the vehicle save as is provided by the next preceding rule or at a regular stand or stopping place or at the end of the journey or as is necessary in the course of traffic.

(3) He shall not start the vehicle unless he is satisfied that he can do so without infringing the law and without causing any danger to person or property.

(4) Where the vehicle is used with a conductor the driver shall not, except in order to avoid injury to any person or damage to any property, cause the vehicle to move in reverse without informing the conductor of his intention and without the guidance of the conductor.

(5) He shall, as far as possible, assist the conductor to extinguish any fire occurring in the vehicle.

(6) On an omnibus, while moving or stopped in traffic, he shall not enter into conversation with any other person.

47 Rules for persons employed on large public service vehicle.

47. Every person employed in or about a large public service vehicle shall behave in a civil and orderly manner and shall refrain from smoking in or on the vehicle while the vehicle moves or stands in a public place.

48 Rules for passengers on large public service vehicle.

48. Every passenger or intending passenger on a large public service vehicle shall comply with the following rules, that is to say:

(1) He shall not wilfully obstruct or impede the driver or conductor of the vehicle or any other person employed in or about the vehicle.

(2) On an omnibus route or portion of an omnibus route on which there are stopping places, he shall not enter an omnibus except at a stopping place for taking up intending passengers, or alight from an omnibus except at a stopping place for setting down passengers.

(3) He shall not enter or alight from the vehicle otherwise than by the doors or openings provided for that purpose, and he shall not use any emergency exit except in an emergency.

(4) He shall not travel in or on any part of the vehicle not provided for the conveyance of passengers.

(5) He shall not travel in or on the upper deck of a double-deck vehicle unless he occupies a seat provided for that purpose.

(6) He shall comply with any lawful direction given to him by the conductor of the vehicle including a request to leave or not to enter the vehicle.

(7) He shall not use obscene or offensive language or conduct himself in a riotous or disorderly manner.

(8) He shall not smoke or carry a lighted pipe, cigar or cigarette in or on any part of the vehicle in or on which a notice is exhibited that smoking is prohibited.

(9) He shall not spit upon or from the vehicle or wilfully damage, soil or defile any part of the vehicle.

(10) He shall not when in or on the vehicle distribute printed or similar matter of any description, or distribute any article for the purpose of advertising, or offer any article for sale.

(11) He shall not, to the annoyance of other passengers, either use or operate any wireless apparatus or other instrument or make or combine with any other person or persons to make any excessive noise by singing, shouting or otherwise.

(12) He shall not throw out of the vehicle any bottle, liquid or litter or any other article or thing likely to annoy persons or to cause danger or injury to any person or property.

(13) Where a door is fitted to the opening through which passengers enter and leave the vehicle, he shall not open such door unless the vehicle is stationary and a conductor is not available.

(14) He shall not wilfully do or cause to be done with respect to any part of the vehicle or its equipment anything which is calculated to obstruct or interfere with the working of the vehicle or to cause injury or discomfort to any person.

(15) He shall not wilfully remove, displace, deface or alter any number plate, notice board, fare table, route indicator, or destination board or any printed or other notice or advertisement in or on the vehicle.

(16) He shall not give any signal which might be interpreted by the driver as a signal from the conductor to start the vehicle.

(17) He shall not by signal or otherwise, except for the purpose of enabling him to enter the vehicle at a point where the vehicle can lawfully be stopped for the purpose of taking up intending passengers or for the purpose of enabling him to leave the vehicle at a point where the vehicle can lawfully be stopped for the purpose of setting down passengers, cause the driver to stop the vehicle.

(18) He shall not carry on a vehicle—

(a) any bulky or cumbersome article except with the consent of the conductor and in such portion of the vehicle as the conductor shall direct, or

(b) any animal, except with the permission of the conductor (which permission may be withdrawn at any time by the conductor) and in such portion of the vehicle as the conductor shall direct.

(19) He shall deliver up to the conductor any article of lost property found by him on the vehicle.

(20) A passenger in an omnibus shall, on the request of the conductor or any other person authorised in that behalf by the owner of the vehicle—

(a) inform the conductor or other authorised person of the journey he has taken or intends to take and of the place at which he entered the omnibus,

(b) pay the fare for the whole journey taken or intended to be taken by him and accept the appropriate ticket, and

49 Powers of conductor of large public service vehicle.

49. (1) The conductor of a large public service vehicle may exclude from or request to leave the vehicle—

(a) any passenger or intending passenger who is, in his opinion, in a condition likely to be offensive to passengers in the vehicle, or

(b) any passenger or intending passenger whose clothing is such that it may be reasonably expected to injure the linings or cushions of the vehicle or the clothing of other passengers in the vehicle.

(2) The conductor of a large public service vehicle may exclude an intending passenger from the vehicle—

(a) on the grounds that the vehicle is already carrying the maximum number of passengers which at the time and in the circumstances it is lawful to carry on the vehicle, or

(b) because the taking up of passengers at the place and time is unlawful.

(3) The conductor of an omnibus may request every passenger in the omnibus to leave the omnibus at a terminal point on the route.

(4) The conductor of a large public service vehicle may exclude or remove from the vehicle any article or animal the carrying of which is prohibited by or under article 18 or under rule (18) of article 48 of these Regulations and may prevent any person from bringing such an article or animal into the vehicle.

50 Reference to conductor.

50. In Articles 44 to 49 of these Regulations any reference to a conductor shall (save where the context indicates otherwise), in relation to a vehicle on which no conductor is carried, be read as a reference to the driver.

51 Commencement of hire and standing for hire.

51. (1) For the purpose of this part of these Regulations—

(a) the hiring of a vehicle used as a public hire vehicle shall be deemed to commence at the time when the driver agrees to accept the hire,

(b) a vehicle used as a public hire vehicle which has been hired by any person shall not, while the hiring continues, be regarded as standing for hire.

(2) Where a vehicle fitted with a taximeter is stationary in a public place in a taximeter area and is not occupied by any person other than the driver it shall, until the contrary is shown, be deemed to be a vehicle used as a public hire vehicle standing for hire.

52 Duties of drivers of public hire vehicles.

52. (1) Whenever a vehicle used as a public hire vehicle is lawfully hired, it shall, subject to the provisions of article 56 of these Regulations, be the duty of the driver of that vehicle, while the hiring continues, to do the following things—

(a) to drive the vehicle with such persons and luggage as the hirer may reasonably direct to such places as the hirer may reasonably direct.

(b) to proceed at a reasonable speed while so driving and by such route as the hirer may reasonably direct or, where no such directions are given, by the most expeditious route, and

(2) Whenever a person requests the driver of a vehicle used as a public hire vehicle then standing for hire in a taximeter area to drive him to a specified place in that area and tenders or proves that he is able to pay the lawful fare for that service, it shall be the duty of the driver to comply with the request unless he has a reasonable excuse for refusing or failing to do so.

(3) Whenever the hirer of a vehicle used as a public hire vehicle makes an advance payment in respect of services not yet rendered, the driver of the vehicle shall comply with the following provisions—

(a) he shall perform those services immediately unless directed to the contrary by the hirer or prevented by some sufficient cause,

(b) he shall hold the said payment as a deposit and retain it if and when these services are fully performed,

(c) he shall retain the lawful fare for the amount of services performed and he shall repay the balance of the payment whenever the hiring is terminated by the hirer before those services are fully performed.

(4) The driver of a vehicle used as a public hire vehicle, while such vehicle is being used for the carriage of persons for reward or is standing, plying or being driven for hire, shall comply with the following rules, that is to say:

(a) He shall be in constant attendance on the vehicle.

(b) He shall behave in a civil, orderly and respectful manner.

(d) He shall be clean in person and of decent apparel.

(e) He shall give all reasonable assistance and information to any person having authority to examine the vehicle.

(f) As respects the driver's badge issued to him under these Regulations—

(i) he shall wear it in a position where it can be seen readily by passengers and intending passengers, and while so worn it shall be in such condition that the number thereon is not obliterated or concealed in any way;

(ii) he shall not prevent, hinder or obstruct any person having reasonable cause for doing so from taking the number of such badge.

(g) He shall take all reasonable precautions to ensure the safety of persons in, on, entering or alighting from the vehicle.

(h) He shall not invite or allow any person to travel in the vehicle without the consent of the person hiring the vehicle.

(i) He shall switch on the light to illuminate the interior of the vehicle when requested to do so by a passenger in the vehicle provided that this does not interfere with the safe driving of the vehicle.

(j) He shall, when requested by a person who has hired the vehicle, afford reasonable assistance in loading and unloading luggage and in removing luggage to or from the entrance of any house, station or place at which he takes up or sets down such person.

53 Special rules for the drivers of public hire vehicles fitted with taximeters.

53. (1) The driver of a vehicle used as a public hire vehicle fitted with a taximeter shall not, while such vehicle is standing or plying for hire in a taximeter area, lower the flag of the taximeter.

(2) The driver of a vehicle used as a public hire vehicle fitted with a taximeter shall not charge or demand for services rendered by him in a taximeter area—

(a) a greater sum than the maximum fare fixed for such services, or

(b) a greater sum than the fare shown by the taximeter, save where the maximum fare fixed for such services exceeds the amount that can be shown on the taximeter.

54 Rules for passengers in public hire vehicles.

54. Every passenger or intending passenger in a vehicle used as a public hire vehicle shall comply with the following rules, that is to say:

(1) He shall not wilfully do or cause to be done with respect to any part of the vehicle or its equipment anything which is calculated to obstruct or interfere with the working of the vehicle or to cause injury to any person.

(2) He shall not wilfully remove, displace, deface or alter any vehicle plate, fare table or any printed or other notice in or on the vehicle.

(3) He shall not spit upon or from the vehicle or wilfully soil or defile any part of the vehicle.

(4) He shall not throw out of the vehicle any bottle, liquid, litter or other article likely to annoy persons or to cause injury to any person or property.

(5) He shall comply with any lawful request of the driver to leave or not to enter the vehicle.

(6) He shall not carry on the vehicle any animal without the permission of the driver (which permission may be withdrawn at any time by the driver).

55 Powers of the driver of a public hire vehicle.

55. (1) The driver of a vehicle used as a public hire vehicle may exclude from or request to leave the vehicle—

(a) any passenger or intending passenger who is conducting, or can reasonably be expected to conduct, himself in the vehicle in a disorderly or offensive manner, or

(b) any passenger or intending passenger whose clothing is likely to soil or damage the interior of the vehicle.

(2) The driver of a vehicle used as a public hire vehicle may exclude or remove from the vehicle any article or animal the carrying of which is prohibited by or under article 18 of these Regulations or under rule (6) of article 54 of these Regulations and may prevent any person from bringing a prohibited article or animal into the vehicle.

(3) (a) Whenever the driver of a vehicle used as a public hire vehicle which has been lawfully hired in a taximeter area is directed by the hirer to drive to a place in that area, the driver may demand and receive from the hirer either the lawful fare for the services theretofore rendered by him or the lawful fare for such services together with the lawful fare for driving to the place directed from the place at which the directions are given.

(b) Whenever the driver of a vehicle used as a public hire vehicle which has been lawfully hired in a taximeter area is directed by the hirer to wait at a place in that area, the driver may inquire from and be informed by the hirer of the length of time that he is to wait, and may demand and receive from the hirer either the lawful fare for the services theretofore rendered by him or the lawful fare for such services together with the lawful fare for waiting for the said length of time.

(c) The driver of a vehicle used as a public hire vehicle may terminate the hiring of his vehicle whenever the hirer fails or refuses to pay a lawful fare demanded of him under this article.

56 Payment of fares, etc.

56. A person shall not refuse or omit to pay to the owner, driver or conductor of a public service vehicle any sum which is payable by such person to such owner, driver or conductor for the hire of the vehicle or the fare for his carriage in the vehicle.

57 Entering a public service vehicle.

57. A person (other than an intending passenger) shall not enter a public service vehicle save with the consent of the driver, conductor or other person in charge of the vehicle.

58 Removal of persons or articles from vehicles.

58. (1) The conductor or the driver of a public service vehicle, or a member of the Garda Síochána acting on the request of such conductor or driver, may remove from the vehicle any person who contravenes any provision of this Part of these Regulations.

(2) In exercise of the above power and in exercise of the powers of refusal of entry to an intending passenger or of preventing the bringing of a prohibited article or animal into the vehicle, a conductor, driver or member of the Garda Síochána may use such reasonable force as is necessary for the purpose.

59 Giving of name and address.

59. Where the conductor or the driver of a public service vehicle, or a member of the Garda Síochána, acting on the request of such conductor or driver, alleges that a person has contravened any provision of this Part of these Regulations, he may demand of such person his name and address, and on such demand such person shall give his correct name and address.

PART VI. MISCELLANEOUS AND TRANSITIONAL.

60 School vehicle licences.

60. (1) The Commissioner or an officer of the Garda Síochána authorised by the Commissioner in that behalf, in circumstances where the Minister for Education considers that special provision for the carriage of children for reward to and from a school is necessary and where the Commissioner or authorised officer is satisfied that a mechanically propelled vehicle is safe for the carriage of passengers, may grant to the owner of the vehicle a licence for the carriage of children for reward to and from school.

(2) A licence granted under sub-article (1) of this article—

(a) shall remain in force for such period, not exceeding 3 years, as the Commissioner or authorised officer may determine and as shall be expressed in the licence,

(b) shall be subject to such conditions as may be specified therein and in particular to a condition limiting the number of children which may be carried in the vehicle.

(3) Parts II, III, IV and V of these Regulations shall not apply in respect of a vehicle while such vehicle is used for the carriage of children for reward to and from school in accordance with a licence granted under this article.

(4) Every licence granted by the Minister for Education under section 93 of the Road Traffic Act, 1933 (No. 11 of 1933) and in force at the date of the coming into operation of these Regulations shall continue in force and be regarded as having been granted as a licence under this article until the expiration of the period for which such licence was expressed to be in force.

61 Penal regulation and owner liability.

61. (1) The provisions of these Regulations set out in Parts I and II of the First Schedule to these Regulations shall be penal regulations.

(2) The provisions of these Regulations set out in Part II of the First Schedule to these Regulations shall be regulations in respect of which the owner of the vehicle shall also be guilty of an offence where there is a contravention of any such provision involving a vehicle by a person other than the owner of the vehicle.

62 Transitional.

62. (1) Every public service vehicle licence granted under Part VII of the Road Traffic Act, 1933 and in force at the date of the coming into operation of these Regulations shall continue in force and be regarded as having been granted under these Regulations until the expiration of the period in respect of which the current annual licence fee in respect of such licence has been paid.

(2) Every licence to drive a public service vehicle granted under Part VII of the Road Traffic Act, 1933 and in force at the date of the coming into operation of these Regulations shall continue in force and be regarded as having been granted as a licence to drive public hire vehicles under these Regulations until the expiration of the period in respect of which the current annual licence fee in respect of such licence has been paid.

(3) Where a public service vehicle licence which is granted under Part VII of the Road Traffic Act, 1933 in respect of a small public service vehicle and which is expressed to limit the use of the vehicle as a private hire vehicle is in force at the date of the coming into operation of these Regulations the use (while such licence is in force) of such vehicle at an appointed stand, not being in a taximeter area, or in pursuance of a contract of hire made at such appointed stand shall be deemed not to be use of the vehicle as a public hire vehicle.

(4) Every vehicle plate and every driver's badge issued under Part VII of the Road Traffic Act, 1933 , shall be regarded as a vehicle plate or driver's badge (as the case may be) issued under these Regulations.

(5) On the coming into operation of these Regulations and pending the coming into operation of regulations under the Act, requiring an application by a person for a driving licence in respect of large public service vehicles or in respect of a class of vehicles comprising licensed public hire vehicles to be accompanied by a certificate of competency under section 33 of that Act, a person shall not, subject, to the exemption in section 83 of the Road Traffic Act, 1933 —

(a) drive a large public service vehicle unless he holds or has held a certificate of competency or a driver's licence to drive a large public service vehicle issued to him under Part VI or VII of the Road Traffic Act, 1933 , or

(b) drive a licensed public hire vehicle unless he holds or has held a certificate of competency or a driver's licence to drive a small public service vehicle issued to him under Part VI or VII of the Road Traffic Act, 1933 .

(6) (a) On the coming into operation of these Regulations, fare bye-laws made under section 139 of the Road Traffic Act, 1933 , in respect of the Dublin taximeter area shall continue in force, and the maximum fares fixed under those bye-laws shall be regarded as having been fixed under article 9 of these Regulations until maximum fares for licensed public hire vehicles are fixed in respect of the Dublin taximeter area under the said article.

(b) On the coming into operation of these Regulations, fare bye-laws made under section 139 of the Road Traffic Act, 1933 , in respect of the Cork taximeter area shall continue in force, and the maximum fares fixed under those bye-laws shall be regarded as having been fixed under article 9 of these Regulations until maximum fares for licensed public hire vehicles are fixed in respect of the Cork taximeter area under the said article.

(7) Pending the coming into operation of section 23 of the Act, the reference in sub-article (4) of article 36 of these Regulations to a driving licence shall be construed as a reference to a driving licence granted under Part III of the Road Traffic Act, 1933 .

FIRST SCHEDULE.

PENAL REGULATIONS.

PART I.

Articles.

Articles 8, 11, 12, 15, 16, 17, 18, sub-article (1) of article 29, 30, sub-article (3) of article 33, 39, 40, 43, 44, 45, 46, 47, 48, 52, 53, 54, 56, 57, 59.

PART II.

Articles.

Articles 5, 6, 7, 13, and 14.

SECOND SCHEDULE.

REVOCATIONS.

Number.	Title.	Extent of Revocation.
S.R. & O. 1935 No. 259.	Large Public Service Vehicles Regulations, 1935.	Article 56.
S.R. & O. 1936 No. 269.	Small Public Service Vehicles Regulations, 1936.	Articles 18 and 32.
S.R. & O. 1937 No. 92.	Road Traffic Act (Parts VI and VII) (Fees) Regulations, 1937.	The whole regulations.
S.R. & O. 1937 No. 88.	Public Service Vehicles (Licences and Vehicle Plates) Order, 1937.	The whole order.
S.R. & O. 1937 No. 162.	Dublin Metropolitan Taximeter Area Order, 1937.	The whole order.
S.R. & O. 1937 No. 187.	Large Public Service Vehicles (Conduct) Regulations, 1937.	The whole regulations.
S.R. & O. 1939 No. 89.	City of Cork Taximeter Area Order, 1939.	The whole order.
S.R. & O. 1942 No. 66.	Large Public Service Vehicles (Conduct) Regulations, 1942.	The whole regulations.

GIVEN under the Official Seal of the Minister for Local Government this

twelfth day of October, One Thousand Nine Hundred and Sixty-three.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations prescribe the procedure for the licensing of classes of public service vehicles, for the licensing of drivers of public service vehicles in certain cases and set out certain provisions relating to the control and operation of public service vehicles. Vehicles operated by statutory transport undertakings are exempted from public service vehicle licence control.

The Regulations prescribe the duties of the drivers, conductors and passengers on large public service vehicles and of the drivers and passengers on public hire vehicles.

These Regulations replace certain provisions of Parts VII and VIII of the Road Traffic Act, 1933 and certain regulations under that Act.