S.I. No. 68/1995 - European Communities (Road Passenger Transport) (Amendment) Regulations, 1995.

S.I. No. 68 of 1995.

EUROPEAN COMMUNITIES (ROAD PASSENGER TRANSPORT) (AMENDMENT) REGULATIONS, 1995.

I, MICHAEL LOWRY, T.D., Minister for Transport, Energy 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 purposes of giving further 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. 77/96/EEC of 12 December, 1977^(b), Council Directive No. 89/438/EEC of 21 June, 1989^(c), hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Road Passenger Transport) (Amendment) Regulations, 1995.

(2) The European Communities (Road Passenger Transport) Regulations, 1991 and 1992, and these Regulations may be cited together as the European Communities (Road Passenger Transport) Regulations, 1991 to 1995, and shall be construed together as one.

(3) These Regulations shall come into operation—

( a ) in the case of Regulations 3 and 13 of these Regulations, on the 24th day of March, 1995, in respect of any offence alleged to have been committed on or after that date, and

( b ) in the case of any other Regulations, on or after the 24th day of March, in respect of applications for the grant of a road passenger transport operator's licence duly received on or after that date.

2. (1) In these Regulations "the Principal Regulations" means the European Communities (Road Passenger Transport) Regulations, 1991 ( S.I. No. 59 of 1991 ).

^(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, 22.7.1989, p. 101.

3. Regulation 4 of the Principal Regulations is hereby amended by the insertion of the following paragraph after paragraph (5):

"(6) Where in proceedings for an offence under this Regulation it is shown that the mechanically propelled vehicle concerned was being used for the carriage of nine or more persons (other than the driver of that vehicle) who were not in the employment of the owner of that vehicle, then, notwithstanding Regulation 17 (6) of these Regulations, those persons shall, until the contrary is shown, be presumed to have been carried in the vehicle for hire or reward.".

4. Regulation 5 of the Principle Regulations is hereby amended in paragraph (2)—

( a ) by the substitution in subparagraph (a) of "in the form set out in the Second Schedule to these Regulations" for "in the form set out in Part I, II or III, as appropriate, of the Second Schedule to these Regulations", and

( b ) by the deletion of subparagraph (c).

5. Regulation 6 of the Principal Regulations is hereby amended in paragraph (3)—

( a ) by the substitution of the following clauses for clauses (i) and (ii) of subparagraph (a):

"(i) a relevant offence tried on indictment which is of such a nature that the Minister is of the opinion that the undertaking concerned does not satisfy, or does not continue to satisfy, as appropriate, the good repute requirement, or

(ii) the same relevant offence more than once or a number of relevant offences, which are of such a nature that the Minister is of the opinion that the undertaking concerned does not satisfy, or does not continue to satisfy, as appropriate, the good repute requirement,",

and

( b ) by the substitution of the following clauses for clause (iv) of subparagraph (b):

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

(v) where the provisions of Regulation 8 (1) (e) of these Regulations apply, the transport manager or transport managers concerned.".

6. Regulation 7 of the Principal Regulations is hereby amended in paragraph (3) by the substitution of "paragraph 4 of the affidavit" for "paragraph 2 of the affidavit".

7. Regulation 8 of the Principal Regulations is hereby amended in paragraph (4)—

( a ) by the substitution of "the provisions of paragraph (2) (d) of Regulation 5 of these Regulations" for "the provisions of paragraph (2) (other than the provisions of subparagraphs (a) and (b)) of Regulation 5 of these Regulations", and

( b ) by the substitution of "an affidavit in the form set out in the Fifth Schedule to these Regulations" for "affidavits in the form set out in the Fourth and Fifth Schedules".

8. Regulation 12 of the Principal Regulations is hereby amended in paragraph (3) (a) by the substitution of "paragraph 4 of that affidavit" for "paragraph 2 of that affidavit".

9. The Principal Regulations are hereby amended by the insertion of the following Regulation after Regulation 12:

"Change in vehicle fleet

12A. (1) Where a change occurs in the vehicle fleet operated under a road passenger transport operator's licence, by way of increase or decrease in the number of vehicles or by way of substitution in the vehicle fleet, the holder shall notify the Minister of such occurrence within one month of it taking place.

(2) 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.".

10. Regulation 14 of the Principal Regulations is hereby amended—

( a ) in paragraph (3) by the deletion of "subject to written application and appointment and" and

( b ) in paragraph (4) by the deletion of "written application and".

11. Regulation 16 of the Principal Regulations is hereby amended in paragraph (2) (a) by the substitution of "inspection of the register, a fee of £5 per hour or part thereof and," for "inspection of the register, a fee of £3 per hour or part thereof, and".

12. Regulation 17 of the Principal Regulations is hereby amended—

( a ) in paragraph (2) by the deletion of ", 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,",

( b ) in paragraph (3)—

(i) by the deletion of "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", and

(ii) by the substitution of "the member or transport officer may demand of such person" for "the member may demand of such person",

( c ) in paragraph (4) by the insertion of "or transport officer" after "as having permitted such member",

and

( d ) by the deletion of paragraph (5).

13. The First Schedule to the Principal Regulations is hereby amended by the insertion of the following paragraph after paragraph (p):

"(pp) any offence under section 215 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993);".

14. The Principal Regulations are hereby amended by the substitution of the provisions set out in Schedule A to these Regulations for the Second Schedule to the Principal Regulations.

15. The Principal Regulations are hereby amended by the substitution of the provisions set out in Schedule B to these Regulations for the Third Schedule to the Principal Regulations.

16. The Principal Regulations are hereby amended by the revocation of the Fourth Schedule to the Principal Regulations.

17. The Principal Regulations are hereby amended by the substitution of the provisions set out in Schedule C to these Regulations for the Fifth Schedule to the Principal Regulations.

SCHEDULE A

Regulation 14.

"SECOND SCHEDULE

Form of Affidavit to be completed by an applicant for a road passenger transport operator's licence.

European Communities (Road Passenger Transport) Regulations, 1991 to 1995.

[NOTE: in the case of an application on behalf of a partnership, an affidavit has to be sworn by each partner]

I, ______________(name), of _____________________ (address), make oath and say as follows:

1. The information in or with the application to which this affidavit relates is, to the best of my knowledge and belief, accurate and complete.

2. Neither I nor any partner in */director of */company secretary of */committee member of */transport manager of* the firm to which this application relates is—

( a ) a bankrupt, or

( b ) a person in relation to whom there is in existence an arrangement with creditors, whether under the control of the court or otherwise.

3. I say that the following person is engaged */will be engaged* as transport manager for the purposes of continuously and effectively managing the road passenger transport business to which this affidavit relates:

Name:_____________________

Address:___________________

_________________

4. The total number of passenger seats currently available is_____________.

..........................................................

(Signature of person making the affidavit)

Sworn this ______ day of ______, ___, at __________________, in the County of ________, before me a Commissioner for Oaths (or other qualified person) and I know the person making the affidavit (or who is identified to me by ___________ who is personally known to me)

________________________

(Signature)

*Delete where not applicable

SCHEDULE B

Regulation 15.

"THIRD SCHEDULE

PART I

Form of Affidavit to be completed by accountant or solicitor.

European Communities (Road Passenger Transport) Regulations, 1991 to 1995.

I, ___________(name), of ________________________ (address), being an accountant/solicitor* make oath and say as follows:

1. I make this affidavit on the basis of the documentation submitted to me in respect of the following transport operator who intends to apply (hereunder referred to as 'the applicant') for a national/international* road passenger transport operator's licence under the European Communities (Road Passenger Transport) Regulations, 1991 to 1995:

Name: _______________________

Address:_____________________

___________________

2. I say that I believe that the applicant will submit a duly completed application.

3. I say that I have inspected the documents specified in the list attached to this affidavit marked with the letter "A" and upon which I have endorsed my name prior to the swearing of this affidavit and to the best of my knowledge and belief I have duly completed it and the documentation referred to therein is in order.

4. I hereby say that _____________ being________________________________________

(insert here the name and address of the accountant or the bank or other suitably qualified establishment recognised for the purpose of this affidavit). has issued in writing a confirmation/assurance* that the applicant has currently sufficient financial resources for the proper launching and proper administration of a road passenger transport business / the continued proper administration of a road passenger transport business* and I beg to refer to the said confirmation/assurance* marked with the letter "B" which is attached and upon which I have endorsed my name prior to swearing this affidavit.

(Jurat as in form contained in Second Schedule to these Regulations)

*Delete where not applicable

PART II

List "A" to be completed and attached to affidavit referred to in Part 1 of this Schedule

DOCUMENTS INSPECTED BY ACCOUNTANT/SOLICITOR IN SUPPORT OF THE APPLICATION FROM _____________________ FOR A ROAD PASSENGER TRANSPORT OPERATOR'S LICENCE

Please Tick

	Yes	No
1. Tax Clearance/C2 Certificate valid from ________________to_____________(insert dates) in the name of the applicant:
2. A vehicle registration book/vehicle licensing certificate in respect of each vehicle to which the application relates showing each vehicle to be currently registered and taxed in the name of the applicant:
3. A certificate of insurance in respect of each vehicle to which the application relates showing each vehicle to be currently insured in the name of the applicant for use for hire or reward:
4. Where appropriate, evidence of tachograph calibration within the past six years for each vehicle to which the application relates (where tachograph calibration is not required for any vehicle to which the application relates, please put 'not appropriate' under the 'NO' column):
5. Certificate of incorporation, memorandum of association and articles of association (if applicant is a limited company), or partnership agreement (if the applicant is a partnership), or evidence of registration with the registrar of friendly societies (if the applicant is a co-operative) of such other relevant evidence if the applicant is a statutory body corporate:
6. Certificate of registration of the business name issued by the Companies Office and used by the applicant (where not appropriate, please put 'not appropriate' under the 'NO' column):

__________________________

Signature of accountant/solicitor who inspected documents.

Date:_____________________

SCHEDULE C

Regulation 17.

"FIFTH SCHEDULE

Form of Affidavit to be completed by transport manager.

European Communities (Road Passenger Transport) Regulations, 1991 to 1995.

I, ___________(name), of __________________________ (address), make oath and say as follows:

1. I am the holder of a national/international* certificate of competence number___________

2. I accept being engaged as Transport Manager to continuously and effectively manage the transport operations of the road transport business of:

Name:__________________

Address:________________

_______________

3. I am not a bankrupt or a person in relation to whom there is in existence an arrangement with creditors, whether under the control of the court or otherwise.

4. I commenced/will commence* as Transport Manager from ___________(date), and the total weekly hours arising from the duties of transport manager is/will be* not less than* ______ per week.

5. *I have no other occupation.

*I have another occupation as _____________ which involves ________hours per week.

(Jurat as in form contained in Second Schedule to these Regulations)

*Delete where not applicable

GIVEN under my Official Seal, this 23rd day of March, 1995.

MICHAEL LOWRY, T.D.,

Minister for Transport, Energy and

Communications.

EXPLANATORY NOTE.

The effect of the Instrument is to amend the format of various affidavits which must be submitted with an application for a Road Passenger Transport Operator's Licence. The Instrument also amends the existing Regulations with regard to good repute and enforcement.