S.I. No. 172/1992 - Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1992.

S.I. No. 172 of 1992.

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (AMENDMENT) (NO. 2) REGULATIONS, 1992.

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) (Amendment) (No. 2) Regulations, 1992.

(2) The collective citation "the Road Traffic (Public Service Vehicles) Regulations 1963 to 1992" shall include these regulations.

2. These Regulations shall come into operation on the 13th day of July, 1992.

3. (1) In these Regulations:—

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

"the Regulations of 1978" means the Road Traffic (Public Service Vehicles) (Licensing) Regulations, 1978 ( S.I. No. 292 of 1978 );

"the Regulations of 1987" means the Road Traffic (Public Service Vehicles) Regulations, 1987 ( S.I. No. 139 of 1987 );

"Dublin taximeter area" has the meaning assigned to it in the Regulations of 1991;

"the Principal Regulations" means the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 );

"the Regulations of 1991" means the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1991 ( S.I. No. 272 of 1991 );

"wheelchair accessible public hire vehicle licence" means a licence granted in respect of the Dublin taximeter area by the Commissioner during the grant period which shall begin on the day on which these Regulations come into operation in respect of a wheelchair accessible public hire vehicle;

(2) In these Regulations any reference to a wheelchair shall be construed as a reference to a wheelchair which has maximum dimensions when unoccupied of:—

width: 700 mm

height: 1,090 mm

length: 1,200 mm

and complies with ISO standard for wheelchairs No. 7193 (1985).

(3) In these Regulations any reference to a wheelchair accessible public hire vehicle shall be construed as a reference to a small public service vehicle—

( a ) which has been constructed or adapted so as to be capable of accommodating a person seated in a wheelchair;

( b ) which has seating accommodation for at least three passengers in addition to a passenger seated in a wheelchair;

( c ) which complies with the general guidelines for wheelchair facilities in such a vehicle as set out in the First Schedule to these Regulations; and

in respect of which a wheelchair accessible public hire vehicle licence has been granted.

4. In the Regulations collectively cited in sub-article (2) of article 1 of these Regulations a reference to a grant period shall mean the period from the day on which these Regulations come into operation to the 30th day of June 1993 and each succeeding period of twelve months from the 1st day of July 1993.

5. (1) Reference to the use of, and conditions applying to, a public hire vehicle in the Regulations collectively cited in sub-article (2) of article 1 of these Regulations shall be construed as also referring to the use of a wheelchair accessible public hire vehicle save where specific reference to the use of, or conditions applying to, such a vehicle is contained in these Regulations.

(2) The provisions of article 11 of the Regulations of 1991 shall apply to wheelchair accessible public hire vehicle licences granted in accordance with these Regulations.

6. The provisions of article 5 of the Regulations of 1978 as substituted by article 4 of the Regulations of 1991 shall not apply in relation to the granting of a wheelchair accessible public hire vehicle licence in accordance with these Regulations.

7. During the grant period which shall begin on the day on which these Regulations come into operation the Commissioner may grant not more than 50 wheelchair accessible public hire vehicle licences in respect of the Dublin taximeter area.

8. (1) Applications for wheelchair accessible public hire vehicle licences shall be made to the Commissioner.

(2) The Commissioner shall specify the period within which applications shall be made for wheelchair accessible public hire vehicle licences and shall give notice of the said period in a daily newspaper circulating in the Dublin taximeter area.

9. (1) The Commissioner shall consider applications made to him for wheelchair accessible public hire vehicle licences in accordance with the criteria set out in the Second Schedule to these Regulations.

(2) The Schedule to the Regulations of 1991 is hereby substituted by the Second Schedule to these Regulations and any reference to the Schedule to the Regulations of 1991 in those Regulations shall be construed as a reference to the Second Schedule to these Regulations.

10. (1) The Commissioner shall consider one application made to him for a wheelchair accessible public hire vehicle licence in respect of each person who makes an application.

(2) Where having regard to the criteria set out in the Second Schedule to these Regulations the number of applications on equal points for the remaining wheelchair accessible public hire vehicle licence or licences exceeds the number of such licence or licences the Commissioner shall determine the grant of such licence or licences by lot.

11. The Commissioner shall make an offer of a grant of a wheelchair accessible public hire vehicle licence to an applicant having considered applications made to him in accordance with the provisions of sub-article (1) of article 9 and article 10 of these Regulations and shall not make more than one such offer to such applicant.

12. (1) The grant of a wheelchair accessible public hire vehicle licence to an applicant to whom an offer of such a grant has been made shall only be made—

( a ) where the applicant makes available to the Commissioner a Tax Clearance Certificate issued by the Revenue Commissioners in respect of the said applicant, and

( b ) where the applicant has paid to the Commissioner the fee prescribed in paragraph (b) of sub-article (3) of article 13 of these Regulations, and

( c ) where the applicant presents a vehicle for inspection by the Commissioner with a view to the vehicle being licensed as a wheelchair accessible public hire vehicle in respect of which the Commissioner is satisfied that the vehicle is suitable to be licensed as a wheelchair accessible public hire vehicle, and

( d ) where the provisions of paragraph (a) of sub-article (4) of article 6 of the Regulations of 1978 are complied with.

(2) Where an applicant to whom an offer of a grant of a wheelchair accessible public hire vehicle licence has been made does not comply with paragraphs (a), (b) and (c) of sub-article (1) of this article within a period of three months from the day on which such an offer had been made the Commissioner shall, without further notice to the said applicant, make an offer of a grant of a wheelchair accessible public hire vehicle licence to another applicant provided the provisions of this article and sub-article (1) of article 9 and article 10 of these Regulations are complied with in relation to the making of such an offer.

(3) The Commissioner shall notify applicants of the requirements set down in sub-articles (1) and (2) of this article.

13. (1) Sub-articles (7), (8) and (9) of article 7 of the Regulations of 1991 are hereby revoked.

(2) ( a ) A fee of £10 shall be payable in respect of an application for a wheelchair accessible public hire vehicle licence.

( b ) The fee described in paragraph (a) of this sub-article shall not be repaid in the event of the application for the wheelchair accessible public hire vehicle not being successful.

(3) A fee of £100 shall be payable in respect of

( a ) the grant of a public hire vehicle licence,

( b ) the grant of a wheelchair accessible public hire vehicle licence,

( c ) (i) the grant of a licence to use a vehicle as a private hire vehicle in respect of which vehicle a small public service vehicle licence did not exist on the day on which these Regulations came into operation.

(ii) sub-paragraph (i) of this paragraph shall not apply where the said licence is to be granted so as to replace a licence which has been surrendered by the applicant on the change of ownership of a vehicle in respect of which the said applicant held a small public service vehicle licence on the day on which these Regulations came into operation.

(4) A fee of £50 shall be payable in respect of the grant of a licence to use a vehicle as a private hire vehicle in all circumstances other than that to which sub paragraph (i) of paragraph (c) of sub-article (3) of this article applies.

(5) The fees payable under this article shall be paid to the Commissioner at an office designated by him in any area and shall accrue to the Exchequer in such manner as the Minister for Finance may direct.

14. Article 12 of the Regulations of 1991 is hereby revoked.

15. (1) Sub-article (4) of article 6 of the Regulations of 1978 is hereby amended by the addition thereto of the following paragraph.

"(b) Where the application is for a licence to use a vehicle as a private hire vehicle that the applicant has made available to him a Tax Clearance Certificate issued by the Revenue Commissioners in respect of the applicant."

(2) Paragraph (b) of sub-article (4) of article 6 of the Regulations of 1978, inserted by sub-article (1) of this article shall not apply:

( a ) where the application is for a licence to use a vehicle as a private hire vehicle the purpose of which licence is to replace a licence which has been surrendered on the change of ownership of a vehicle in respect of which the said applicant held a small public service vehicle licence, or

( b ) where the application is for a licence other than a licence to use a vehicle as a private hire vehicle in respect of which a small public service vehicle licence did not exist on the day on which these Regulations came into operation.

16. Sub-article (3) of Article 5 of the Regulations of 1987 is hereby amended by the removal therefrom of the words "on the production of a receipt that the fee payable for a substitution vehicle plate has been paid".

FIRST SCHEDULE.

General Guidelines relating to Wheelchair Facilities in Wheelchair Accessible Public Hire Vehicles

1. A ramp or other suitable device to facilitate the entry or egress of a person seated in a wheelchair must be available for use at all times.

2. An adequate locating device must be fitted to ensure that a ramp or ramps do not slip or tilt when in use.

3. Ramps must be capable of being stowed safely when not in use.

4. Anchorages must be provided for the wheelchair and the occupant.

5. Restraints for a wheelchair and the occupant must be independent of each other.

SECOND SCHEDULE

Criteria for assessment of applications for New Public Hire Vehicle Licences and Wheelchair Accessible Public Hire Vehicle Licences in a Taximeter Area

PART I

Interpretation

1. In sub-paragraphs (a) and (b) of paragraph 5 of Part 2 of this Schedule "evidence" means a copy of a form P60 issued by the Revenue Commissioners in respect of the applicant's employment for the periods in question or particulars confirming that the applicant was insured to drive a public hire vehicle for the periods in question.

2. Paragraph 11 of Part 2 of this Schedule does not apply to any individual offence to which paragraphs 9 or 10 of Part 2 of this Schedule applies.

PART 2

Criteria

1.	Holder of an existing public hire vehicle licence.	minus 30
2.	Previous holder of a public hire vehicle licence issued since the coming into force of the Regulations of 1978 except where the said licence was surrendered to the Garda Commissioner in accordance with article 8 of the Regulations of 1978.	minus 30
3.	Where both 1 and 2 apply.	minus 60
4.	Holder of a small public service vehicle licence (which is not a public hire vehicle licence) which has been extant for at least five years provided the holder does not hold or has not held a public hire vehicle licence issued since the coming into force of the Regulations of 1978 except where the said licence was surrendered to the Garda Commissioner in accordance with article 8 of the Regulations of 1978.	plus 20
5.	Holder of a public service vehicle driving licence (who does not hold or has not held a small public service vehicle licence since the coming into force of the Regulations of 1978) who
(a) provides evidence to the Commissioner that during the five years preceding the date of application for the licence the holder was engaged in the driving of a public hire vehicle in the taximeter area in question on a full time basis for periods totalling not less than 3 years,		plus 60
	or
(b) provides evidence to the Commissioner that during the three years preceding the date of application for the licence the holder was engaged in the driving of a public hire vehicle in the taximeter area in question on a full time basis for periods totalling not less than one year,		plus 30
	or
(c) in respect of whom sub-paragraphs (a) or (b) of this paragraph do not apply provided the person held the said licence for a period of not less than one year preceding the date of application for the licence,		plus 20
6.	A person who has a right to drive i.e. the holder of a driving licence (other than a provisional driving licence),
(a) for a period of at least five years preceding the date of application for the licence,		plus 20
(b) for a period less than five years but not less than one year preceding the date of application for the licence.		plus 10
	provided that no endorsement has been applied to that licence in the period in question.
7.	A person who has been convicted of an offence against the person (e.g. murder, manslaughter, rape, indecent assault)	minus 100
8.	A person who has been convicted within a period of five years preceding the date of application for the licence of any indictable offence (other than an indictable offence under the Road Traffic Act) or any non-indictable offence under the Misuse of Drugs Acts 1977 and 1984 or for common assault.	minus 50
9.	A person who has been disqualified for holding a driving licence in respect of any period within the period of five years preceding the date of application for licence.	minus 50
10.	A person who has been convicted of an offence under Part VII of the Road Traffic Acts (except an offence under article 52 (4) ( f ) (i) of the Principal Regulations) within the period of three years preceding the date of application for the licence.	minus 25
11.	A person who has been convicted of an offence under any section of the Road Traffic Acts (other than an offence to which the general penalty under section 102 of the Act applies) within the period of three years preceding the date of application for the licence.	minus 20

GIVEN under the Official Seal of the Minister for the Environment this 1st day of July 1992.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These regulations amend existing public service vehicle regulations by providing for the grant of fifty licences for wheelchair accessible taxis in the Dublin taximeter area and for the removal of the restriction on the grant of new small public service vehicle licences which was introduced in October 1991.