S.I. No. 292/1978 - Road Traffic (Public Service Vehicles) (Licensing) Regulations, 1978

S.I. No. 292 of 1978.

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (LICENSING) REGULATIONS, 1978

The Minister for the Environment in exercise of the powers conferred on him by section 5 of the Road Traffic Act, 1961 (No. 24 of 1961) and section 82 of that Act, as amended by section 57 of the Road Traffic Act, 1968 (No. 25 of 1968) hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Road Traffic (Public Service Vehicles) (Licensing) Regulations, 1978.

(2) "The Road Traffic (Public Service Vehicles) Regulations 1963 to 1978" and these Regulations shall be construed as one and the collective citation "The Road Traffic (Public Service Vehicles) Regulations 1963 to 1978" shall include these Regulations.

2. (1) Part III of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ) is hereby revoked.

(2) articles 4, 5, 6(1) (a), 6(2) and 7 of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1970 ( S.I. No. 200 of 1970 ) are hereby revoked.

(3) sub-article (2) of article 2 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1973 ( S.I. No. 225 of 1973 ) is hereby revoked;

(4) articles 4, 5, 8, 9 and 15 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1977 ( S.I. No. 111 of 1977 ) are hereby revoked;

(5) the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1978 ( S.I. No. 226 of 1978 ) are hereby revoked,

(6) the Road Traffic (Public Service Vehicles) (Amendment) (No. 4) Regulations, 1978 ( S.I. No. 259 of 1978 ) are hereby revoked,

(7) paragraph (b) of sub article (1) of article 7 of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ) as substituted by article 2 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1977 ( S.I. No. 111 of 1977 ) is hereby revoked.

(8) the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1977 ( S.I. No. 177 of 1977 ) are hereby revoked.

3. (1) In these Regulations:—

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

"grant period" means the period from 1st day of November, 1978 to the 31st day of August, 1979 and each succeeding period of twelve months from the 1st day of September, 1979;

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

"new public hire vehicle licence" means a public hire vehicle licence applied for by a person other than a person who in the period of twelve months before the date of application held such a licence in respect of a vehicle and whose application is made for the purpose of licensing that vehicle, or another vehicle to replace it, where the licence so held has ceased to be in force through effluxion of time or has been surrendered or revoked;

"Drogheda Corporation" means the Mayor, Aldermen and Burgesses of Drogheda;

"Limerick Corporation" means the Mayor, Aldermen and Burgesses of Limerick;

"Galway Corporation" means the Mayor, Aldermen and Burgesses of Galway;

"Donegal Town" means the area declared under section 2 (6) of the Local Government (Planning and Development) Act, 1963 ( S.I. No. 28 of 1963 ) by the Council of the County of Donegal to be comprised in the town of Donegal for the purposes of that Act.

4. These Regulations apply to all public service vehicles other than large public service vehicles owned or operated by a statutory transport undertaking.

5. (1) A local authority specified in column 1 of the table to this article shall, from time to time by resolution,—

( a ) determine the number of new public hire vehicle licences which may be granted during a grant period by the Commissioner in respect of the use of vehicles as public hire vehicles in the area specified in column 2 of the said table opposite the mention of such local authority, and

( b ) specify a period within which applications (other than applications made before the 15th day of November, 1978) may be made to the Commissioner for the grant of such licences.

(2) The Commissioner shall not, during a grant period grant new public hire vehicle licences for use of vehicles as public hire vehicles in an area specified in column 2 of the table in excess of the number so determined in respect of that period for that area;

(3) Where a local authority have not made a determination under sub-article (1) of this article in respect of a grant period the Commissioner shall not grant any new public hire vehicle licences for the use of vehicles as public hire vehicles in the area specified in column 2 of the said table opposite the mention of such local authority;

(4) Where the number of applications for the grant of new public hire vehicle licences in respect of an area specified in column 2 of the said table which might, apart from the provisions of this article, be granted by the Commissioner is greater than that determined in accordance with sub-article (1) of this article, for that area the Commissioner shall determine by lot from among such applications the persons to whom such licences shall be granted.

(5) Where a local authority have made a determination under sub-article (1) of this article they shall cause notice of such determination and of the period specified for the making of applications to be published in a newspaper circulating in the area.

TABLE

6. (1) Where an application for the grant of a public service vehicle licence is duly made, the Commissioner may, subject to the provisions of these Regulations, grant a licence in respect of a vehicle to which these Regulations apply to the owner of the vehicle.

(2) An application for the grant of a new public hire vehicle licence may be made only in the period from the first to the fourteenth day inclusive of the month of November 1978 and thereafter in a period specified by the appropriate local authority pursuant to article 5(1) of these Regulations.

(3) 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 from time to time direct.

(4) The Commissioner shall not grant a public service vehicle licence unless he is satisfied that—

( a ) (i) the character and previous conduct of the applicant are such that the applicant is a fit and proper person to hold such a licence;

(ii) the vehicle is safe for the carriage of passengers;

(iii) the use of the vehicle as a public service vehicle is or will be covered by insurance;

(iv) the vehicle complies with the regulations in operation under section 11 of the Act applicable to the vehicle; and

( b ) where the application is for a new public hire vehicle licence that—

(i) the applicant did not in the period of two years immediately prior to the date of application dispose of a vehicle in respect of which a public hire vehicle licence was continued in force under article 9 of these Regulations; and

(ii) the fee prescribed under article 18 of these Regulations in respect of the grant of such a licence has been paid not later than three months from the date of notification by the Commissioner to the applicant of the decision to grant the licence.

7. (1) A public service vehicle licence shall bear a serial number, shall state the number of persons for which the vehicle has passenger accommodation and shall be expressed to licence the vehicle for use as—

( a ) a large public service vehicle,

( b ) a small public service vehicle limited to use as a private hire vehicle, or

( c ) a small public service vehicle the use of which is not limited to use as a private hire vehicle but the use of which as a public hire vehicle is limited to use in an area specified in column 2 of the table to article 5 of these Regulations.

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

(i) surrender or revocation of the licence, or

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

(3) a licence for a small public service vehicle shall remain in force for a period of one year from the date of its grant, or, where it was granted prior to the coming into operation of these Regulations, until the expiration of the period for which it was expressed to be in force, or, in every case, until the sooner—

(i) surrender or revocation of the licence, or

(ii) change of ownership of the vehicle in respect of which the licence was granted (other than on the continuance in force of the licence in the name of the new owner of the vehicle in accordance with article 9 of these Regulations or on a devolution of the ownership on the personal representative of an owner who has died).

8. The holder of a public service vehicle licence may at any time surrender the licence to the Commissioner by sending it to the Commissioner together with a statement that the licence is surrendered.

9. On a change of ownership of a vehicle (other than by devolution of the ownership on the personal representative of an owner who has died) in respect of which a licence for a small public service vehicle is for the time being in force—

( a ) the holder of the licence shall, within seven days of such change, send to the Commissioner the licence together with particulars of the name and address of the new owner of the said vehicle; and

( b ) in the case of a licence other than a new public hire vehicle licence—

(i) the new owner of the vehicle may apply to the Commissioner for the continuation in force of the licence granted in respect of the vehicle and shall furnish with the application such particulars as would be required to accompany an application for the grant of a licence under article 6 of these Regulations;

(ii) such licence shall continue in force, and be held by the new owner where the Commissioner is satisfied that he would grant a licence to the new owner if an application for the grant of a licence under article 6 of these Regulations were made to him at that time by the new owner.

10. On the death of the holder of a public service vehicle licence, the licence shall devolve on his personal representative.

11. 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.

12. (1) The Commissioner may at any time revoke a public service vehicle licence if he considers that the condition of the vehicle 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 a licence under article 6 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 19 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.

13. (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 if an application for the grant of the licence under article 6 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 19 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.

14. (1) Where the Commissioner refuses an application for the grant of a public service vehicle licence, otherwise than under the provisions of sub-articles (2) or (3) of article 5 of these Regulations, or where 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 in the case of a suspension of a public service vehicle licence, the appeal shall be to the Minister for the Environment.

(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 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, who shall comply with any direction given under this article.

15. (1) On granting a public service vehicle licence, the Commissioner 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 vehicle plate shall be in the form of an ellipse surrounded by a band and with the words "Feithicil Seirbhíse Poiblí" in the band, and the serial number of the licence in the space within the band and may contain such other matter as the Commissioner shall determine.

(3) Where the Commissioner 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.

16. (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 the licence and the vehicle plate issued in respect of the vehicle to the Commissioner.

(2) 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.

(3) 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.

17. (1) The holder of a public service vehicle licence shall, within three days after any change of his address, send to the Commissioner the licence together with a statement in writing stating the fact of such change and giving particulars of his new address.

(2) Where the holder of a public service vehicle licence has died the personal representative of such holder shall send to the Commissioner a statement in writing of the death together with particulars of the name and address of the personal representative.

18. (1) ( a ) a fee of £6 shall be payable in respect of an application and the grant of a licence for a large public service vehicle.

( b ) a fee of £20 shall be payable in respect of the inspection and examination of a vehicle pursuant to article 20 of these Regulations in the case of the first application by a person for a licence for a small public service vehicle in respect of that particular vehicle.

( c ) a fee of £7 shall be payable in respect of the grant of a licence for a small public service vehicle.

(2) The fee payable for a substitute vehicle plate shall be £1.

(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 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 large 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.

19. (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 17 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 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.

20. (1) ( a ) The Commissioner may, at any time and as often as he thinks fit, cause any 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 shall cause every such vehicle to be so inspected and examined at least once a year.

( c ) The Commissioner may, at any time and as often as he thinks fit, cause any small 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 in any event shall cause any vehicle to be so inspected and examined after an application is made for the grant of a licence under article 6 of the Regulations and before granting such a licence in respect of that vehicle.

(2) Whenever the Commissioner 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 driven,

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

21. Every public service vehicle licence granted under Part III of the Road Traffic (Public Service Vehicles) Regulations, 1963 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 licence would have remained in force under those regulations or until the licence is sooner revoked, or surrendered.

22. Sub-article (1) of article 16, article 17, and sub-article (3) of article 20 of these Regulations shall be penal regulations.

GIVEN under the Official Seal of the Minister for the Environment

this 25th day of October, 1978.

SYLVESTER BARRETT,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations prescribe the procedure for the licensing of public service vehicles. The Regulations provide that appropriate local authorities will determine the number of new public hire vehicle licences which may be granted by the Commissioner and, in respect of the years from 1st September 1979, the periods within which application may be made for such licences. In 1978 it is provided that such applications may be made between 1st and 14th November. Under the Regulations all licences for the use of vehicles as public hire vehicles will specify the area in which the vehicle may be so used.

Vehicles operated by statutory transport undertakings are exempted from the requirements of these Regulations.

The Regulations replace Part III of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ) and subsequent amendments thereto.