S.I. No. 59/1991 - European Communities (Road Passenger Transport) Regulations, 1991.

S.I. No. 59 of 1991.

EUROPEAN COMMUNITIES (ROAD PASSENGER TRANSPORT) REGULATIONS, 1991.

I, SEAMUS BRENNAN, Minister for Tourism, Transport and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect, in so far as road passenger transport operations are concerned, to Council Directive No. 74/562/EEC of 12 November 1974^(a), Council Directive No. 77/796/EEC of 12 December 1977^(b), and Council Directive No. 89/438/EEC of 21 June 1989^(c), hereby make the following Regulations:

1 Citation and commencement

1. (1) These Regulations may be cited as the European Communities (Road Passenger Transport) Regulations, 1991.

(2) These Regulations shall come into operation—

( a ) in so far as they relate to road passenger transport operator's licences, on the 1st day of July, 1991, in the case of the holder of a subsisting road passenger certificate under the European Communities (Road Passenger Transport) Regulations, 1977 and 1981, and

( b ) in every other case, on the 21st day of March, 1991.

(3) Nothing in paragraph (2) (a) of this Regulation shall be construed so as to prevent the holder of a road passenger certificate from applying for a road passenger transport operator's licence.

2 Interpretation

2. (1) In these Regulations—

"the Act of 1932" means the Road Transport Act, 1932 (No. 2 of 1932);

^(a) O.J. No. L 308, 19.11.1974, p. 23.

^(b) O.J. No. L 334; 24.12.1977, p. 37.

^(c) O.J. No. L 212; 22.07.1989, p. 101.

"the Act of 1961" means the Road Traffic Act, 1961 (No. 24 of 1961);

"appropriate fee" means the appropriate fee to which Regulation 16 of these Regulations relates;

"appropriate financial standing" shall be construed in accordance with Regulation 7 of these Regulations;

"auditor" means a person qualified for appointment as an auditor of a company by virtue of the Companies Acts, 1963 to 1990;

"bank" means the holder of a licence under section 9 of the Central Bank Act, 1971 (No. 24 of 1971);

"bank or other suitably qualified establishment" means a bank, a building society, the Agriculture Credit Corporation p.l.c., the Industrial Credit Corporation p.l.c., a trustee savings bank or the Post Office Savings Bank;

"building society" means a society to which an authorisation was granted by the Central Bank of Ireland, or deemed to have been granted, under section 17 of the Building Societies Act, 1989 (No. 17 of 1989);

"business name" means a business name registered under the Registration of Business Names Act, 1963 (No. 30 of 1963);

"the certificates register" means the register to which Regulation 14 (1) of these Regulations relates;

"certificate of competence" means an international certificate of competence or a national certificate of competence granted in pursuance of Regulation 10 of these Regulations or a corresponding certificate issued by another Member State to which Council Directive No. 77/796/EEC of 12 December 1977^(b) relates;

"company" has the same meaning as it has in the Companies Acts, 1963 to 1990, and, where appropriate, includes a cooperative and any other body corporate duly established;

"the condition of professional competence" means the condition as to professional competence referred to in Article 3 of the Principal Directive and to which Regulation 8 of these Regulations relates;

^(b) O.J. No. L 334; 24.12.1977, p. 37.

"cooperative" means any cooperative registered under the Industrial and Provident Societies Acts, 1893 to 1978;

"good repute" shall be construed in accordance with Regulation 6 of these Regulations;

"international road passenger transport operator's licence" means a licence granted under Regulation 3 of these Regulations authorising an undertaking to engage in the occupation of road passenger transport operator either or both within the State and outside the State;

"large public service vehicle" means a vehicle so constructed and equipped as to be suitable for carrying more than nine persons, including the driver, and intended for that purpose;

"the licences register" means the register established by virtue of Regulation 14 (2) of these Regulations;

"Member States" means the Member States of the European Communities;

"the Minister" means the Minister for Tourism, Transport and Communications;

"national road passenger transport operator's licence" means a licence granted under Regulation 3 of these Regulations authorising an undertaking to engage in the occupation of road passenger transport operator within the State;

"the occupation of road passenger transport operator" means the activity of any undertaking operating, by means of large public service vehicles, passenger transport services for the public or for specific categories of users against payment by the person transported or by the transport organiser;

"the Principal Directive" means Council Directive No. 74/562/EEC of 12 November 1974^(a), and every Directive which amends or extends that Directive;

"public service vehicle licence" means a licence granted under Road Traffic (Public Service Vehicles Licensing) Regulations, 1978 ( S.I. No. 292 of 1978 ), in respect of a vehicle constructed and equipped so as to be suitable for the carrying of more than nine persons, including the driver;

^(a) O.J. No. L 308; 19.11. 1974, p. 23.

"the registers" has the meaning assigned to it by Regulation 14 of these Regulations;

"the Regulations of 1977" means the European Communities (Road Passenger Transport) Regulations, 1977 ( S.I. No. 388 of 1977 );

"relevant offence" means any offence specified in the First Schedule to these Regulations;

"road passenger transport operator's licence" means an international road passenger transport operator's licence or a national road passenger transport operator's licence;

"road passenger transport" means the carriage of passengers in a large public service vehicle;

"road passenger transport undertaking" means an undertaking engaged in the occupation of road passenger transport;

"solicitor" means a person who holds a current practising certificate granted under the Solicitors Acts, 1954 and 1960;

"statutory declaration" means a declaration made under the Statutory Declarations Act, 1938 (No. 37 of 1938);

"transport manager" in relation to a road passenger transport businness or to an application for a road passenger transport operator's licence in respect of such a business, means a person who—

( a ) holds a certificate of competence,

( b ) is of good repute and over eighteen years of age, and

( c ) is designated by notice in writing given to the Minister,

and is or will be engaged to continuously and effectively manage the road passenger transport business in the capacity of an employee or owner of, a partner in, or a director of a company engaged in, that business;

"trustee savings bank" means a trustee savings bank within the meaning of the Trustee Savings Banks Act, 1989 (No. 21 of 1989), to which a licence was granted by the Central Bank of Ireland under section 15 of that Act;

"undertaking" means any natural person, any legal person, whether profit-making or not, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such personality.

(2) References, however expressed, in any other enactment to the requirement to hold a road passenger certificate granted under the European Communities (Road Passenger Transport) Regulations, 1977 and 1981, shall be construed as a reference to a requirement to hold a road passenger transport operator's licence granted under these Regulations.

(3) A word or expression that is used in these Regulations and is also used in the Principle Directive has, unless the contrary intention appears, the same meaning in these Regulations that it has in that Directive.

3 Grant of road passenger transport operator's licence

3. (1) The Minister may grant the appropriate road passenger transport operator's licence for the purposes of these Regulations to an applicant who satisfies the relevant requirements of these Regulations and may attach conditions, and vary such conditions, to such licences, which conditions shall be in addition to the specific conditions laid down in these Regulations.

(2) A road passenger transport operator's licence shall be valid for a period, specified therein, of up to five years from the date on which it was granted unless revoked or suspended.

(3) An applicant for a road passenger transport operator's licence who is a natural person shall, before being granted the licence, satisfy the Minister that he is of good repute and appropriate financial standing and satisfies the condition as to professional competence.

(4) An applicant for a road passenger transport operator's licence which is a partnership shall, before being granted the licence, satisfy the Minister that the partnership, each of the partners and the transport manager are of good repute and that the partnership is of appropriate financial standing and satisfies the condition as to professional competence.

(5) An applicant for a road passenger transport operator's licence which is a company shall, before being granted a licence, satisfy the Minister that the company, each of the directors, the secretary and the transport manager are of good repute and the said company is of appropriate financial standing and that it satisfies the condition as to professional competence.

(6) An application for a road passenger transport operator's licence which is a cooperative shall, before being granted a licence, satisfy the Minister that the cooperative, each member of the committee of management, the secretary and the transport manager are of good repute and that the said cooperative is of appropriate financial standing and that it satisfies the condition as to professional competence.

4 Requirement to hold a road passenger transport operator's licence

4. (1) It shall not be lawful, as on and from the date of commencement of these Regulations, for any person engaged in the occupation of road passenger transport operator and in the course of a road passenger transport business carried on by him, to carry passengers for hire or reward unless that person is the holder of—

( a ) in case the passengers are being carried to a place outside the State or on transit through another State, an international road passenger transport operator's licence;

( b ) in case the passengers are being carried from a place within the State to another place within the State without transit through another State, either an international road passenger transport operator's licence or a national road passenger transport operator's licence.

(2) The restrictions imposed by paragraph (1) of this Regulation shall not apply where—

( a ) the carriage is of passengers to or from work in vehicles owned by their employers,

( b ) the carriage is of persons to or from a school, or in the course of or in relation to school activities, in vehicles owned by the school,

( c ) the carriage is of passengers otherwise than for profit in vehicles owned by voluntary organisations.

(3) The requirement to hold a road passenger transport operator's licence is in addition to and not in substitution for the requirements of—

( a ) section 7 of the Act of 1932, and

( b ) Part VII of the Act of 1961 or any regulations thereunder which are for the time being in force and relate to the grant or renewal of passenger licences.

(4) The Minister shall only allow an application under Council Regulation (EEC) No. 117/66^(a) for a control document for the occasional services referred to herein or an application under Council Regulation (EEC) No. 516/72^(b) or Council Regulation (EEC) No. 517/72^(c) provided the applicant is the holder of a valid international road passenger transport operator's licence.

(5) A person who contravenes paragraph (1) of this Regulation shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £1,000.

5 Application for a road passenger transport operator's licence

5. (1) An application for a road passenger transport operator's licence shall be in such form as the Minister may from time to time direct and shall contain—

( a ) where the applicant is an individual, particulars of any relevant offence which the applicant or, where the transport manager is not the applicant, the transport manager has been convicted of in the five year period prior to the date of the making of the application together with details of any undischarged bankruptcy against any person mentioned in this subparagraph;

( b ) where the applicant is a partnership, particulars of any relevant offence which any of the partners or, where the transport manager is not a partner, the transport manager of the partnership has been convicted of in the five year period prior to the date of the making of the application together with details of any undischarged bankruptcy against any person mentioned in this subparagraph;

^(a) O.J. No. 147/66; 09.08.1966, p. 2688/66 (S. Edn. 1965-1966, p. 177).

^(b) O.J. No. L 67; 20.03.1972, p. 13 (S. Edn. 1972 (1), P. 137).

^(c) O.J. No. L 67; 20.03.1972, p. 19 (S. Edn. 1972 (1), P. 143).

( c ) where the applicant is a company, particulars of any relevant offence which the company, its secretary, transport manager, or any director thereof has been convicted of in the five year period prior to the date of the making of the application together with details of any undischarged bankruptcy against any natural person mentioned in this subparagraph;

( d ) where the applicant is a cooperative, particulars of any relevant offence which its secretary or any member of the committee of management has been convicted of in the five year period prior to the date of the application together with details of any undischarged bankruptcy against any person mentioned in this subparagraph:

Provided that nothing in this Regulation shall be construed as imposing a requirement to disclose particulars of any conviction in respect of which a court applied the Probation of Offenders Act, 1907.

(2) An application for a road passenger transport operator's licence shall be accompanied by—

( a ) an affidavit made by—

(i) the applicant, where the applicant is an individual,

(ii) each partner, where the applicant is a partnership,

(iii) a director or the company secretary, where the applicant is a company, or

(iv) the secretary of the cooperative, where the applicant is a cooperative, in the form set out in Part I, II or III, as appropriate, of the Second Schedule to these Regulations,

( b ) an affidavit made by an auditor or solicitor which shall be in the form set out in the Third Schedule to these Regulations,

( c ) an affidavit made by—

(i) the applicant, where the applicant is an individual,

(ii) a partner, where the applicant is a partnership,

(iii) a director or the company secretary, where the applicant is a company, and

(iv) the secretary of the cooperative, where the applicant is a cooperative,

in the form set out in the Fourth Schedule to these Regulations, and

( d ) an affidavit made by the transport manager or by the person who is to take up duties as the transport manager, as the case may be, of the applicant, in the form set out in the Fifth Schedule to these Regulations.

(3) The Minister may seek further particulars of any matter which appears to him to be relevant to his consideration of an application under this Regulation and may require such particulars to be given to him by means of an affidavit, a statutory declaration or in such other manner as he may direct.

(4) The Minister may make such enquiries as he sees fit in order to verify any information contained in an application for a road passenger transport operator's licence or in any affidavit accompanying such an application or to verify any particulars given to him pursuant to paragraph (3) of this Regulation.

6 Good repute

6. (1) In considering whether or not an applicant for a road passenger transport operator's licence is of good repute, the Minister shall have regard to any conviction or bankruptcy, the particulars of which the applicant is required to disclose under Regulation 5 (1) of these Regulations.

(2) In considering the good repute of an applicant to whom Article 3 of Council Directive 77/796/EEC of 12 December 1977, relates, the Minister shall, notwithstanding paragraph (1) of this Regulation, accept as sufficient proof of good repute and of undischarged bankruptcy, a document to which paragraph 1 of the said Article 3 relates together with, where appropriate, a certificate to which paragraph 2 of the said Article 3 relates, but only if such documents have been submitted to the Minister not more than three months after their date of issue.

(3) ( a ) Undertakings established in the State shall not satisfy or shall no longer satisfy, as appropriate, the good repute requirement where the relevant individual or individuals, as the case may be, have been convicted in the five year period prior to the date of the application of—

(i) an indictable offence, whether convicted on indictment or not,

(ii) either or both—

(I) a number of relevant offences more than once, and

(II) a number of relevant offences,

which are of such a nature that the Minister is not satisfied, or is no longer satisfied, as appropriate, that the undertaking concerned would satisfy, or continues to satisfy, the good repute requirement,

or where the relevant individual or any of the relevant individuals, as the case may be, is an undischarged bankrupt or in respect of any such individual there is in existence (whether under the control of a court or otherwise) an arrangement with creditors.

( b ) References in this paragraph to a relevant individual or relevant individuals means—

(i) where the undertaking concerned is a natural person, that person,

(ii) where the undertaking concerned is a company, its directors and its secretary,

(iii) where the undertaking concerned is a cooperative, the members of its board of management and its secretary,

(iv) where the undertaking concerned is a partnership, the partners.

(4) Where an application for a road passenger transport operator's licence is refused on the grounds that the applicant has failed to satisfy the requirement of good repute, the Minister shall review the application upon being requested in writing by the applicant at any time after the expiration of—

( a ) in the case of a first request for review of the application, six months from the date of the initial refusal of the application,

( b ) in any other case, six months from the date of the last request for review of the application was made by the applicant.

7 Financial standing

7. (1) In considering whether an applicant for a road passenger transport operator's licence is of appropriate financial standing the Minister shall take into consideration whether such applicant can prove that there are available to such applicant sufficient financial resources to ensure, where appropriate, the proper launching and, in every case, the proper administration of the relevant road passenger transport business and for those purposes the Minister shall have regard to the appropriate information contained, or documents exhibited, in the affidavits under paragraph (2) of Regulation 5 of these Regulations and to any other relevant particulars or enquiries under paragraphs (3) or (4), respectively, of that Regulation.

(2) Where the applicant for a road passenger transport operator's licence comes from outside the State, the Minister shall, notwithstanding paragraph (1) of this Regulation, accept as sufficient proof of appropriate financial standing, a document to which paragraph 1 of Article 4 of Council Directive 77/796/EEC of 12th December 1977, relates together with, where appropriate, a certificate to which paragraph 2 of that Article relates, but only if such documents have been submitted to the Minister within a reasonable period of having been made (being a period which, in the opinion of the Minister, is reasonable in the circumstances).

(3) Without prejudice to the generality of paragraph (1) of this Regulation, the reference to documents in that paragraph and exhibited in an affidavit for the purpose of Regulation 5 (2) (b) of these Regulations includes an appropriate confirmation or assurance in writing, issued by an auditor or bank or other suitably qualified establishment, that the applicant has sufficient financial resources, being financial resources sufficient for the purposes of paragraph 2 of the affidavit.

8 Professional competence

8. (1) The condition as to professional competence shall be satisfied—

( a ) where the relevant international road passenger transport operator's licence is held by an individual who also holds an international certificate of competence, or

( b ) where the relevant national road passenger transport operator's licence is held by an individual who also holds a certificate of competence, or

( c ) where the relevant international road passenger transport operator's licence is held by a partnership, company or cooperative by the designation of one of the partners, directors or members of the committee of management who holds an international certificate of competence, or

( d ) where the relevant national road passenger transport operator's licence is held by a partnership, company or cooperative by the designation of one of the partners, directors or members of the committee of management who holds a certificate of competence, or

( e ) in any other case—

(i) where the road passenger transport operator's licence is an international road passenger transport operator's licence, by the engagement of one or more transport managers, each of whom holds an international certificate of competence,

(ii) where the relevant road passenger transport operator's licence is a national road passenger transport operator's licence, by the engagement of one or more transport managers, each of whom holds a certificate of competence.

(2) An undertaking which designates a transport manager under paragraph (1) (e) of this Regulation shall satisfy the Minister that the designated transport manager will continuously and effectively manage thte transport operations of the undertaking.

(3) Where there is a change of transport manager or where a person ceases to be transport manager, otherwise than by reason of incapacity or death, the Minister shall be notified in writing of that occurrence as soon as possible by the person to whom the relevant road passenger transport operator's licence was granted, but in any event not later than fourteen days from that occurrence and in accordance with Article 6 (2) of the Principle Directive and the Minister shall, where appropriate, allow a reasonable period within which a new transport manager shall be appointed and take up his duties, provided that such period shall not exceed three months from the date on which the latest transport manager has ceased to fill that role.

(4) Where a person is or is about to be appointed by an undertaking as a new or additional transport manager for the purposes of these Regulations, then the provisions of paragraph (2) (other than the provisions of subparagraphs (a) and (b)) of Regulation 5 of these Regulations shall be complied with as if the references therein to the applicant were references to an undertaking to which this paragraph relates and, accordingly, affidavits in the forms set out in the Fourth and Fifth Schedules, duly completed, shall be sent to the Minister, as soon as possible, by or on behalf of the undertaking concerned.

9 Cessation of business or death or incapacity of holder of road passenger transport operator's licence or of transport manager

9. (1) Where the holder of a road passenger transport operator's licence dies, the personal representative of such holder shall, as soon as may be, and in any event not later than two months after the death, notify the Minister in writing.

(2) Where the holder of a road passenger transport operator's licence ceases to carry on or becomes physically or legally incapable of carrying on the relevant road passenger transport business, the Minister shall be notified of that fact in writing as soon as may be, but in any event not later than two months after the occurrence of the event in question—

( a ) where the holder is a natural person, by that person or, where that person has died, his personal representative,

( b ) where the holder is a partnership, by one of the partners or former partners, as the case may be,

( c ) where the holder is a company, by the company secretary,

( d ) where the holder is a cooperative, by the secretary of the cooperative:

Provided that this provision shall be deemed to have been complied with by any other person who so notifies the Minister of that fact and who has been duly authorised to act on behalf of the natural person or personal representative, partnership, company or cooperative, as the case may be, either generally or in respect of this matter.

(3) Where a transport manager who is other than the holder of the road passenger transport operator's licence ceases by death to manage or, becomes physically or legally incapable of continuously and effectively managing the relevant road passenger transport business, the holder of the road passenger transport operator's licence shall, as soon as may be, and in any event not later than two months from the occurrence in question, inform the Minister in writing.

(4) Where the Minister has been duly informed by the holder of a road passenger transport operator's licence of the occurrence of an event to which paragraph (3) of this Regulation applies, that holder shall appoint a new transport manager as soon as possible after that occurrence or cease to carry on the relevant road passenger transport business:

Provided that, unless the Minister otherwise directs at any time, the holder may continue that business for a period not exceeding one year from the date of that occurrence, if he has sought permission to do so from the Minister in writing for reasons stated therein, and the Minister may, in writing, permit in a justified special case, an extension for a further maximum period of six months.

(5) ( a ) Where the holder, who is a natural person, of a road passenger transport operator's licence becomes physically or legally incapable of continuing to manage the business or dies and has or is survived by a relevant relative, as the case may be, and the Minister is satisfied that—

(i) the relevant relative satisfies the requirement of good repute and prior to such incapacity or death the relevant relative has had the appropriate certificate of competence granted to him or has had not less than three years experience in the day-to-day conduct of the business, and

(ii) it is necessary to avoid hardship,

he may grant to the relevant relative a temporary permission for the continuation of the business, but a request for such a permission to be granted shall only be considered on receipt of a valid application, in such form as the Minister may prescribe, from the holder of the said licence, a person legally appointed to act on his behalf or by his personal representative.

( b ) For the purposes of this Regulation each of the following persons and no other person shall be a relevant relative of the holder of a road passenger transport operator's licence, namely, the spouse of such holder, any person related by blood to such holder in the first, second or third degree and the spouse of any person so related.

( c ) A temporary permission shall be valid for such period as the Minister may specify up to twelve months, and the Minister may, if he considers that circumstances merit it, extend the permission for a further maximum period of six months.

10 Grant of Certificates of competence

10. (1) The Minister may grant a certificate, to be known and in these Regulations referred to as "a certificate of competence", to any natural person applying therefor who meets the appropriate requirements of paragraph (2) of this Regulation.

(2) Subject to paragraph (7) of this Regulation, the Minister may, on an application being made by a natural person, grant—

( a ) a national certificate of competence to the said natural person where that person passes each of the subjects mentioned at A of the Annex to the Principal Directive in an examination conducted for the purposes of these Regulations by or on behalf of the Minister, or

( b ) an international certificate of competence to the said natural person where that person passes each of the subjects mentioned at A and B of the Annex to the Principal Directive in an examination conducted for the purposes of these Regulations by or on behalf of the Minister, or

( c ) a national certificate of competence or an international certificate of competence, as the case may be, to the said natural person where that person is the holder of any diploma or other qualification recognised for the purpose of this paragraph by the Minister as set out in the Sixth Schedule of these regulations, or

( d ) a national certificate of competence to the said natural person where he satisfies the Minister that he has a total of at least five years practical experience at management level in a road passenger transport operation, which in the Minister's opinion includes an acceptable level of operations, or

( e ) an international certificate of competence to the said natural person where he satisfies the Minister that he has a total of at least five years practical experience at management level in a road passenger transport operation, which in the Minister's opinion includes an acceptable level of international operations.

(3) A person who, within twenty-one days after the date referred to in Regulation 1 (2) (b) of these Regulations, applies to the Minister for an international certificate of competence and satisfies the Minister that, immediately before that date, he qualified for the grant of such a certificate by virtue of Regulation 13 (2) of the Regulations of 1977, shall be entitled to be granted an international certificate of competence under these Regulations and, subject thereto, the said Regulation 13 (2) is hereby revoked.

(4) Where any person applies for a certificate of competence under subparagraphs (c), (d) or (e) of paragraph (2) or paragraph (3) of this Regulation, such person shall furnish such documents, evidence or other information as the Minister may require for the purpose of establishing to the Minister's satisfaction that such person is eligible for a grant of the certificate applied for.

(5) The Minister may conduct examinations for the purposes of paragraph (2) of this Regulation and he may, in relation to such examinations provide or arrange for the provision of courses or training.

(6) ( a ) Where a person was granted an international road passenger certificate under paragraph (2) of Regulation 5 of the Regulations of 1977, that person, if an individual, or, in the case of an undertaking other than a natural person, the transport manager thereof when the certificate was granted shall, on application to the Minister within six months after the date of the making of these Regulations, be granted an international certificate of competence under these Regulations.

( b ) Where an international road passenger certificate was granted under paragraph (3) of Regulation 5 of the Regulations of 1977—

(i) if the certificate was granted to a natural person, that person,

(ii) if granted to an undertaking other than a natural person, its transport manager at the time when the certificate was granted,

shall, if he was accepted as having duly complied with the requirements of provision (c) of Article 2 (1) of the Principal Directive, be entitled, on application to the Minister within six months after the date of the making of these Regulations, to be granted an international certificate of competence under these Regulations.

( c ) The Minister may seek such information to be given to him as appears to him to be relevant to his consideration of an application under any provision of this paragraph and may require such information to be given to him by means of an affidavit, by statutory declaration or in such other manner as he may direct.

(7) An application for a certificate of competence in accordance with paragraphs (2), (3) or (6) of this Regulation shall be sent by the applicant to the Minister, or to such person as may be appointed in writing by the Minister to act on his behalf for the purposes of this Regulation, in such form as the Minister may direct and, upon receipt of—

( a ) the application duly completed,

( b ) the appropriate evidence to prove that the applicant is entitled to the grant of the certificate of competence applied for, and

( c ) on payment, by virtue of Regulation 15 of these Regulations, of the appropriate fee, the Minister shall grant, or the person so appointed shall grant on behalf of the Minister, the certificate of competence applied for.

(8) Every application duly made under paragraph (1) or (4) of Regulation 13 of the Regulations of 1977 shall, if not fully considered by the Minister before the date mentioned in Regulation 1 (2) (b) of these Regulations, be deemed to be an application duly made under the corresponding provision of this Regulation and to have complied with paragraph (7) thereof.

11 Continued compliance

11. (1) In considering whether the holder of a road passenger transport operator's licence continues to satisfy the requirements mentioned in paragraph (2) of this Regulation, the Minister shall have regard to any matter that he would be required to have regard to for the purposes of an application for a road passenger transport operator's licence.

(2) To enable the Minister to satisfy himself that each of the requirements of good repute, appropriate financial standing and professional competence continue to be satisfied by the holder of a road passenger transport operator's licence, the Minister may request in writing such holder to provide or cause to be provided, within a specified time, such information as the Minister thinks fit and may require such information to be given to him by means of an affidavit or statutory declaration as he may direct.

(3) The Minister may revoke or suspend a road passenger transport operator's licence where—

( a ) a person to whom a request has been made under paragraph (2) of this Regulation has failed within the period specified by the Minister to duly provide that information, or

( b ) the Minister is no longer satisfied that the holder complies with the requirements of good repute, appropriate financial standing and professional competence, or any of them.

(4) Whenever the Minister considers it appropriate in the circumstances he may, in relation to a road passenger transport operator's licence—

( a ) lift the suspension, or

( b ) revoke the licence,

and, except where the licence has been subsequently revoked, the licence shall cease to have effect until the suspension is lifted by the Minister.

12 Increase in passenger seats or vehicle numbers

12. (1) No increase shall take place in—

( a ) the total number of vehicles operated under a road passenger transport operator's licence, where the number of European Currency Units outlined in the latest financial statement submitted by the licensee was arrived at on the basis of vehicle numbers so operated, or

( b ) the total number of passenger seats indicated for use under a road passenger transport operator's licence, where the number of European Currency Units outlined in the latest financial statement submitted by the licensee was arrived at on the basis of the number of passenger seats of the vehicles operated under the road passenger transport operator's licence,

without the Minister's written consent thereto.

(2) This Regulation is in addition to and not in substitution for any other statutory requirement.

(3) In this Regulation "financial statement" means, where appropriate—

( a ) the affidavit made by the auditor or solicitor in the form set out in the Third Schedule to these Regulations together with the confirmation or assurance referred to in paragraph 2 of that affidavit,

( b ) an affidavit, statutory declaration or other document made by an auditor or bank or other suitably qualified establishment for the purposes of Regulation 5 (3) or 11 (2) of these Regulations.

13 Appeal

13. (1) Where the Minister decides to refuse an application under these Regulations or to suspend or to revoke a road passenger transport operator's licence, he shall, as soon as may be by notice in writing, inform the applicant or holder of the licence concerned, as the case may be, of his decision and the reasons therefor, and the applicant or holder may at any time within the period of twenty-one days beginning on the date of the notice apply in writing to the Minister to review the decision.

(2) Where an application is made to the Minister under paragraph (1) of this Regulation to review a decision, if on considering the application the Minister is satisfied by the applicant that, having regard to facts and circumstances specified by the applicant, the decision is not appropriate, he may substitute for the decision such other decision as he considers appropriate.

(3) Where the Minister decides to refuse an application under these Regulations or to suspend or to revoke a road passenger transport operator's licence or having reviewed the decision his refusal stands, the following provisions shall apply, namely:

( a ) in case the applicant or holder of the licence is aggrieved by the decision he may appeal to the District Court against the decision in accordance with subparagraph (b) of this paragraph;

( b ) an appeal under this paragraph shall be made not later than twenty-one days after the decision has been notified to the applicant or holder by the Minister, and in so far as the decision was made for the said reason, and in determining the appeal the Justice may—

(i) if he is satisfied that the decision was properly made for the said reason, confirm the decision, and

(ii) if he is not so satisfied, annul the decision and in the case of a refusal by the Minister of an application under these Regulations, direct the Minister to allow the application;

( c ) the decision of the Minister shall have effect—

(i) in case no appeal is taken against the decision and the period during which such an appeal may be taken has expired, as on and from the expiration of that period, and

(ii) in case such an appeal is taken and the decision is confirmed on appeal or the appeal is withdrawn, as on and from such confirmation or withdrawal,

and Regulation 11 of these Regulations shall be construed accordingly.

14 Registers

14. (1) Part I of the register established and kept by the Minister by virtue of Regulation 15 of the Regulations of 1977 (being that part of the said register which relates to certificates of competence) shall, notwithstanding the revocation of those Regulations, continue to be kept as a register to be known as "the certificates register" which shall be in such form and contain such particulars as the Minister shall from time to time direct.

(2) The Minister shall cause to be established and kept a register of road passenger transport operator's licences to be known as "the licences register" which shall be in such form and contain such particulars as the Minister shall from time to time direct and the register so established, together with the register kept by virtue of paragraph (1) of this Regulation, are hereinafter referred to as "the registers".

(3) The registers shall at all reasonable times be open to inspection by any person subject to written application and appointment and on payment of the appropriate fee.

(4) Any person shall be entitled to obtain from the Minister a copy of any entry in the registers on written application and payment of the appropriate fee.

(5) Every document purporting to be a copy of an entry in either of the registers and purporting to be certified by an officer of the Minister to be a true copy of such entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of such entry and to be evidence of the terms of such entry.

(6) ( a ) Any change in the name or address of a person registered in either of the registers shall be notified to the Minister by the person so registered as soon as possible but in any event not later than two months from the date of such occurrence.

( b ) A person who contravenes this paragraph shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £100.

15 Delegation of Ministerial functions

15. (1) The Minister may, where he considers it appropriate, appoint in writing any person or body (whether corporate or unincorporate) to perform on his behalf the following functions under Regulation 10 of these Regulations, that is to say—

( a ) to conduct any examination or part of an examination for the purposes of either or both subparagraphs (a) and (b) of paragraph (2) of the said Regulation 10,

( b ) to grant on behalf of the Minister a national certificate of competence or an international certificate of competence, as appropriate, to which subparagraphs (a) or (b) of the said paragraph (2) relates,

and, without prejudice to the generality of the foregoing, where an unincorporated body of persons is so appointed, the Minister in the appointment shall indicate, as appropriate, the manner in which the certificate of competence is to be granted or the examination results are to be verified for the purposes of this Regulation.

(2) An appointment under paragraph (1) of this Regulation may be revoked by the Minister at any time but such a revocation shall not of itself prejudice any certificate granted or any examination conducted or being conducted.

(3) Where a person or body has been appointed under this Regulation the Minister shall in consultation (either before or after the appointment) with the Minister for Finance fix the fees (if any) to be paid directly to that person or body by an applicant for the grant of a certificate of competence or by a person who applies to be examined, as the case may be.

(4) Any fee payable by virtue of this Regulation in respect of an application, pursuant to Regulation 10 (5), for a certificate of competence shall not be refundable if the application is not granted.

(5) The Minister shall cause a notice to be published in the Iris Oifigiúil of every appointment under paragraph (1) of this Regulation.

16 Fees

16. (1) There shall be paid to the Minister, in such manner as he may direct, such fees as he may, from time to time, specify in respect of any matter to which these Regulations (other than paragraph (2) of this Regulation or Regulation 15 of these Regulations) relate.

(2) There shall be paid to the Minister as regards—

( a ) inspection of the register, a fee of £3 per hour or part thereof, and

( b ) the provision of a certified copy of any entry in the register, a fee of £5 per copy.

(3) The following provisions shall, where appropriate, have effect in relation to fees payable by virtue of this Regulation, that is to say:

( a ) any fee payable in respect of an application, pursuant to Regulation 10 (5), for a certificate of competence shall not be refundable if the application is not granted,

( b ) all fees paid to the Minister shall be taken and collected in such manner as the Minister for Finance may from time to time direct and shall be paid into, or disposed of for the benefit of, the Exchequer in accordance with the directions of the Minister for Finance,

( c ) the Public Offices Fees Act, 1879, shall not apply in respect of fees paid to the Minister.

17 Production of licence or copy

17. (1) ( a ) Where a mechanically propelled vehicle is about to be used for the carriage of passengers by a person engaged in the occupation of road passenger transport operator, the person so engaged shall deliver to the person who is to act as driver of the vehicle while it is being so used either the relevant road passenger transport operator's licence or a copy of such licence.

( b ) A person who fails to comply with the requirements of this paragraph shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £100.

(2) Any member of the Garda Síochána or a transport officer may demand of any person, driving a mechanically propelled vehicle which is being used in the carriage of passengers in relation to which the restrictions imposed by Regulation 4 (1) of these Regulations apply, the production of the relevant road passenger transport operator's licence or a copy of such licence and if that person refuses or fails to produce such licence or copy, as may be appropriate, there and then, or though producing such document, refuses or fails to permit such member or officer to read it, that person shall, unless within ten days after the date on which the production was demanded he produces such document in person to a member of the Garda Síochána at a Garda Síochána Station to be named by such person at the time the production is demanded, be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £100.

(3) Where a person of whom the production of a document is demanded under this Regulation refuses to produce such document or produces the document but refuses or fails to permit the member of the Garda Síochána or the transport officer making the demand to read the document or where a person produces such document at a Garda Síochána Station in accordance with paragraph (2) of this Regulation but refuses to allow the member of the Garda Síochána to whom the document is then produced to read it, the member may demand of such person his name and address and if such person refuses or fails to give his name and address, or gives a name or address which is false or misleading, he shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £100.

(4) A person who, when producing a document to a member of the Garda Síochána or to a transport officer pursuant to this Regulation, permits the member or officer to see so much of the document as contains the name and address of the person to whom the document was granted and the date of the termination of the period in relation to which it was granted shall, for the purposes of these Regulations, be regarded as having permitted such member to read the document.

(5) In proceedings for an offence under paragraph (2) or (3) of this Regulation it shall be presumed, until the contrary is shown by the defendant, that he did not produce in person, within ten days after the day on which the production was demanded, a document in accordance with paragraph (2) of this Regulation.

(6) Where in proceedings for an offence under this Regulation it is proved that a member of the Garda Síochána or a transport officer demanded of the defendant the production of a road passenger transport operator's licence, that at the time of the alleged offence the defendant was driving a mechanically propelled vehicle and that the vehicle was being used for the carriage of passengers, then, unless there is sufficient other evidence to raise an issue as to whether the vehicle was being used in the carriage of passengers in relation to which the restrictions imposed by Regulation 4 (1) of these Regulations apply, the defendant shall be regarded as having driven the vehicle while it was being used in the carriage of passengers in relation to which the said restrictions apply.

(7) In this Regulation "transport officer" means an officer of the Minister appointed to be a transport officer in accordance with the Road Transport Act, 1986 .

18 Proof of certain documents

18. A document purporting to be a certificate signed by an officer of the Minister and to certify that on a specified day, or on specified days or during the whole of a specified period, a specified person was not the holder of a current road passenger transport operator's licence shall, without proof of the signature of the person purporting to sign the certificate or that he was an officer of the Minister and until the contrary is proved, be evidence of the matters stated in the certificate.

19 Exchange of information

19. (1) Where one or more than one offence has been committed by a non-resident road passenger transport operator against any of the rules governing road passenger transport which, in the opinion of the Minister is—

( a ) of such a serious nature, or

( b ) an offence which has been committed by the operator, or by a person acting on his behalf, more than once,

such that it might lead to the withdrawal of the authorisation to practice as a road passenger transport operator, then the Minister shall provide the competent authority in the Member State in which such a transport operator is established with all the relevant information in his possession concerning those offences and any penalties which have been imposed.

(2) Where the Minister withdraws the international road passenger transport operator's licence of a road passenger transport operator, he shall so inform the Commission of the European Communities.

20 Offence by body corporate

20. Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

21 Making of false declarations, etc.

21. Any person who—

( a ) for the purpose of obtaining, whether for himself or another, the grant of a certificate of competence or of a road passenger transport operator's licence, or

( b ) for the purpose of satisfying, whether for himself or another, continued compliance with these Regulations,

makes any declaration or statement or provides any information which he knows to be false in a material particular, or recklessly makes any declaration or statement or provides any information which is so false, shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or, at the discretion of the Court, to both.

22 Prosecutions by Minister

22. An offence under these Regulations may be prosecuted by the Minister.

23 Revocation and consequential provisions

23. (1) Subject to Regulations 10 (3) and 14 (1) of these Regulations and to the other provisions of this Regulation, the European Communities (Road Passenger Transport) Regulations, 1977 ( S.I. No. 388 of 1977 ), and the European Communities (Road Passenger Transport) Regulations, 1981 (S.I. No. 432 of 1981), are hereby revoked.

(2) Where a road passenger certificate was granted under the European Communities (Road Passenger Transport) Regulations, 1977 and 1981, and is a subsisting certificate immediately before the 1st day of July, 1991, it shall cease to have effect from that date.

(3) Where an application was made before the date specified in Regulation 1 (b) of these Regulations for the grant of a road passenger certificate under the European Communities (Road Passenger Transport) Regulations, 1977 and 1981, and the certificate has not been granted by virtue of the application not having been fully considered by the Minister before that date, then the application shall be considered by the Minister as if these Regulations had not been made and, accordingly, these Regulations shall come into operation in accordance with Regulation 1 (2) (a) thereof in respect of any certificate granted after such commencement:

Provided that an application to which paragraph (3) of this Regulation relates for the grant of a road passenger certificate shall be deemed to have been withdrawn if a road passenger transport operator's licence, corresponding to such a certificate, has been applied for by the same applicant and has been granted before the first-mentioned application has been fully considered.

(4) Where a certificate of competence was granted under the European Communities (Road Passenger Transport) Regulations, 1977 and 1981, which is, immediately before the date specified in Regulation 1 (2) (b) of these Regulations, a subsisting certificate of competence, it shall continue in force as if it was granted under these Regulations.

FIRST SCHEDULE

Relevant offences under Regulation 6

( a ) any offence under the Roads Act, 1920;

( b ) any offence under the Road Traffic Acts, 1961 to 1987;

( c ) any offence under the Road Transport Act, 1932 (No. 2 of 1932);

( d ) any offence under any regulation made by the Minister under the European Communities Act, 1972 , relating to the carriage of passengers by road;

( e ) any offence under the Offences against the State Act, 1939 (No. 13 of 1939);

( f ) any offence under section 168 or 186 of the Customs Consolidation Act, 1876;

( g ) any offence under section 19 of the Misuse of Drugs Act, 1977 (No. 12 of 1977), in so far as it relates to offences involving a mechanically propelled vehicle;

( h ) any offence under the Firearms Acts, 1925 to 1990;

( i ) any offence under the Explosive Substances Act, 1883;

( j ) any offence under section 33 of the Larceny Act, 1916;

( k ) any offence under section 21 of the Finance Act, 1935 (No. 28 of 1935), or section 72 of the Finance Act, 1976 (No. 16 of 1976);

(l) any offence under the Minimum Notice and Terms of Employment Acts, 1973 to 1989;

( m ) any offence under the Protection of Young Persons (Employment) Act, 1977 (No. 9 of 1977);

( n ) any offence under the Unfair Dismissals Act, 1977 (No. 10 of 1977);

( o ) any offence under the Maternity Protection of Employees Act, 1981 (No. 2 of 1981);

( p ) any offence under the Holidays (Employees) Act, 1973 (No. 25 of 1973);

( q ) any offence under a law in force in a Member State of the European Communities, other than the State, and which corresponds to any of the foregoing offences;

( r ) any indictable offence, whether convicted on indictment or not.

SECOND SCHEDULE

Regulation 5 (2)

PART I

Form of affidavit to accompany an application for a road passenger transport operator's licence (where the applicant is an individual).

EUROPEAN COMMUNITIES (ROAD PASSENGER TRANSPORT) REGULATIONS, 1991.

I,......................,of............................................................ ...........................................................make oath and say that I am neither a bankrupt nor a person in relation to whom there is in existence an arrangement with creditors, whether under the control of a court or otherwise.

PART II

Form of affidavit to accompany an application for a road passenger transport operator's licence (where the applicant is a partnership).

EUROPEAN COMMUNITIES (ROAD PASSENGER TRANSPORT) REGULATIONS, 1991.

I,.................................. , of ............................................................ ............................................................ .. ,

make oath and say that I, being a partner in ............................... (which said partnership is applying for a grant of a road passenger transport operator's licence) am neither a bankrupt nor a person in relation to whom there is in existence an arrangement with creditors, whether under the control of a court or otherwise.

(Jurat as in Part I)

[Note: this form is to be completed by each partner.]

PART III

Form of affidavit to accompany an application for a road passenger transport operator's licence (where application is a company or a cooperative).

EUROPEAN COMMUNITIES (ROAD PASSENGER TRANSPORT) REGULATIONS, 1991.

I, ..................................... ., of ............................................................ ............................................................ ...... ,

make oath and say that neither I, being the director/secretary* of ...................... , Ltd/p.l.c.* (which is applying for the grant of a road passenger transport operator's licence) nor any director/committee member, manager, transport manager or officer of the said company/cooperative* has been a secretary, director/committee member, manager, transport manager or officer of a company or cooperative which has been wound up by the High Court, other than that ................................................ (insert here, in relation to each case, the name of the relevant person, the name of the company/cooperative concerned and his position(s) in that company/cooperative).

(Jurat as in Part I)

*Delete where not applicable.

THIRD SCHEDULE

Form of affidavit referred to in Regulation 5 (2) (b) of these Regulations.

EUROPEAN COMMUNITIES (ROAD PASSENGER TRANSPORT) REGULATIONS, 1991.

I, ........................................................, of ............................................................ ............................................................ ...

being an auditor/solicitor* make oath and say as follows:

1. I make this affidavit, on the basis of the documentation submitted to me, in respect of ...........................

(name) of ............................... (address) who intends to apply (hereinafter referred to as "the applicant") for a national/international* road passenger transport operator's licence under the European Communities (Road Passenger Transport) Regulations, 1991; and I beg to refer to a list of the said documentation marked with the letter ................................................ and upon which I have endorsed my name prior to the swearing of this affidavit.

2. I hereby say that ............................ being ................................... (insert here the name and address of the auditor or the bank or other suitably qualified establishment recognised for the purposes of this affidavit), has issued in writing a confirmation/assurance* that the applicant has currently sufficient financial resources for—

( a ) the proper launching and proper administration of a road passenger transport business*,

( b ) the continued proper administration of a road passenger transport business,*

having regard to the annual accounts of the applicant (if any), funds available (including cash at bank, overdraft and loan facilities), any assets (including property which is available to provide security for the undertaking), costs (including purchase cost or initial payment for vehicles, premises, plant and equipment) and working capital, and has available capital and reserves of at least 3,000 European Currency Units per vehicle or 150 European Currency Units per passenger seat of the vehicles operated/to be operated* under the licence, whichever is the lower; and I beg to refer to the said confirmation/assurance* marked with the letter ........................ and upon which I have endorsed my name prior to the swearing of this affidavit.

3. The application form for a national/international* road passenger transport operator's licence has been fully and duly completed and is to be submitted at the same time as this affidavit.

4. The applicant is the holder of a current tax clearance certificate issued by the Revenue Commissioners, valid from the ..................... day of .............................. , 19 .................. , to the ................... day of .................... , 19 ..........

5. The applicant has confirmed to me in writing that the total number of seats available and suitable for use for the carriage of passengers is ................................ and that the number shall not be increased until written approval has been received from the Minister for a specified increase; and I beg to refer to the said confirmation marked with the letter ...................... and upon which I have endorsed my name prior to swearing this affidavit.

6. The applicant has produced to me, in respect of each vehicle operated/to be operated* by him:

(1) the registration book for each such vehicle, issued under the Roads Act, 1920, showing that the vehicle is registered in the full and correct name of the applicant and that each such vehicle is currently licensed;

(2) evidence that each such vehicle is owned, hired or leased by the applicant, which consists of—

( a ) a leasing agreement showing that the vehicle has been leased by the applicant*,

( b ) a letter or certificate from a bank or other financial institution showing that the applicant received a loan for the purpose of purchasing the vehicle*,

( c ) a receipt showing that the applicant paid for the vehicle in full*,

( d ) an agreement to hire the vehicle*.

7. The applicant has produced to me in respect of each vehicle for which a tachograph is required (by virtue of Council Regulation No. 3821/85/EEC of 20 December 1985, on recording equipment in road transport and the European Communities (Road Transport) (Recording Equipment) Regulations, 1986 ( S.I. No. 393 of 1986 ))—

*a written record of tachograph calibration duly issued by the workshop or fitter who—

( a ) installed, repaired or checked and inspected the tachograph, and

( b ) is approved for those purposes under Regulation 5 of the European Communities (Road Transport) (Recording Equipment) Regulations, 1986,

*in the case of a vehicle purchased brand new, a written record of tachograph calibration duly issued by or on behalf of the manufacturer of the vehicle,

and the date of calibration, as indicated on the said written record is within the period of six years immediately prior to the date of swearing this affidavit.

8. The applicant has produced to me, in respect of each vehicle to which the seats referred to in paragraph 5 of this affidavit relate, a certificate of insurance issued under the terms of the Road Traffic Acts, 1961 to 1989, showing that the vehicle is insured in the name of the applicant for use for hire or reward and that no amounts are outstanding in respect of insurance premiums.

9. * The applicant is a limited company/public limited company* and a certificate of incorporation/and a certificate of incorporation on change of name* has been duly given by the Registrar of Companies.

10. * The applicant is a cooperative registered with the Registrar of Friendly Societies under the Industrial and Provident Societies Acts, 1893 to 1978.

11. * The application is a statutory body corporate established by ................................. (insert here title of Act or Statutory Instrument).

12. * The current directors/committee members* and company secretary are as listed by the applicant in the application form.

13. * The applicant proposes to trade as .................................................... (which is a registered business name under the Registration of Business Names Act, 1963 ).

(Jurat as in the form contained in Part I of the Second Schedule to these Regulations)

*Delete where not applicable.

FOURTH SCHEDULE

Form of affidavit referred to in Regulations 5 (2) (c) and 8 (4).

EUROPEAN COMMUNITIES (ROAD PASSENGER TRANSPORT) REGULATIONS, 1991.

I, ..............................., of ............................................................ ............................................................ ............... ,

being a person to whom clause (i), (ii), (iii), or (iv) of Regulation 5 (2) (c), or Regulation 8 (4), of the European Communities (Road Passenger Transport) Regulations, 1991, relate, make oath and say as follows:

1. That (name)  .................................. of (home address) .................................................. is/will be* employed to continuously and effectively manage the transport operations of the road passenger transport business of ................................................. and commenced/will commence* as Transport Manager from .............., and that the total weekly hours arising from the duties of Transport Manager is/will be* ............................ hours per week.

2. That the said ................................. satisfies the conditions of professional competence provided for in Regulation 8 (1) of the European Communities (Road Passenger Transport) Regulations, 1991, in relation to the road passenger transport business referred to in the paragraph numbered 1 of this affidavit.

3. That the said .............................. has no other occupation/has another occupation as ....................... which involves ............................................... hours per week*.

(Jurat is in form contained in Part I of the Second Schedule to these Regulations)

*Delete where not applicable.

FIFTH SCHEDULE

Form of affidavit referred to in Regulations 5 (2) (d) and 8 (4).

EUROPEAN COMMUNITIES (ROAD PASSENGER TRANSPORT) REGULATIONS, 1991.

I, ............................................................ ... of ............................................................ ............................................. ,

make oath and say as follows:

1. That I accept being engaged to continuously and effectively manage the transport operations of the road passenger transport business of .................................................... .

2. That I satisfy the conditions of professional competence provided for in Regulation 8 (1) of the European Communities (Road Passenger Transport) Regulations, 1991, in relation to the road passenger transport business referred to in the paragraph numbered 1 of this affidavit.

3. That I commenced/will commence* as Transport manager from ................................. , and the total weekly hours arising from the duties of Transport Manager is/will be* ............................... hours per week.

4. That I have no other occupation/have another occupation as ..................................... which involves ............................................... hours per week*.

(Jurat as in form contained in Part I of the Second Schedule to these Regulations)

* Delete where not applicable.

SIXTH SCHEDULE

1. Chartered Institute of Transport Intermediate or Final Examination Pass which required a study of relevant aspects of road passenger transport to the satisfaction of the Minister.

2. University Degree or other third level qualification which has required a study of relevant aspects of contemporary road passenger transport to the satisfaction of the Minister.

GIVEN under my Official Seal, this 21st day of March, 1991.

SEAMUS BRENNAN,

Minister for Tourism, Transport and Communications.

EXPLANATORY NOTE.

This Instrument implements the revised conditions for access to the occupation of road passenger transport operator which are provided for in EC Council Directive No. 89/438/EEC.

The Instrument introduces a new licence known as a road passenger transport operator's licence. Subject to the exemptions in Regulation 4, any undertaking engaged in the occupation of road passenger transport, which means the carriage for payment of passengers in vehicles with seating accommodation for more than nine persons including the driver, must hold a licence. Applicants for road passenger transport operator's licences must satisfy the revised requirements of good repute, adequate financial standing and professional competence. The Instrument introduces a requirement to ensure continued compliance with the access provisions.

This Instrument also empowers the Minister or a person or body designated by him, to grant certificates of competence on the basis of at least five years practical experience at management level in a road passenger transport operation. It also lays down the procedure to be followed in the case of cessation of business or in the case of death or incapacity of the holder of a road passenger transport operator's licence or of a transport manager. Penalties for failure to comply with the requirements are also included.