S.I. No. 51/1999 - Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1999.

In exercise of the powers conferred on the Minister for the Environment and Local Government by section 5 of the Road Traffic Act, 1961 (No. 24 of 1961) and by section 82 of that Act as amended by section 57 of the Road Traffic Act, 1968 (No. 25 of 1968), which powers were delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order 1997 ( S.I. No. 427 of 1997 ), I, Robert Molloy, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:

1. (1) These Regulations may be cited as the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1999.

(2) These Regulations and the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1998 shall be construed as one and may be cited as the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1999.

2. These Regulations shall come into operation on the 1st day of March, 1999 and shall apply in relation to applications for the grant of taxi licences and wheelchair accessible taxi licences made on or after that date, at all times other than in the context of the initial grant of such licences in newly declared taximeter areas.

3. The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1995 ( S.I. No. 136 of 1995 ) are hereby amended by the substitution of the following for the Sixth Schedule—

“SIXTH SCHEDULE

CRITERIA FOR ASSESSMENT OF APPLICATIONS FOR THE GRANT OF TAXI LICENCES AND WHEELCHAIR ACCESSIBLE TAXI LICENCES AT ALL TIMES OTHER THAN IN THE CONTEXT OF THE INITIAL GRANT OF SUCH LICENCES IN NEWLY DECLARED TAXIMETER AREAS.

PART 1

Interpretation and Application of Part 2

(a) Points under Paragraph 3 of Part 2 of this Schedule will only be granted in respect of one hackney licence held by the applicant.

(b) Points shall not be awarded under Paragraph 4 of Part 2 of this Schedule in respect of any period where points under Paragraph 3 of Part 2 may be awarded.

(c) The term “evidence” in paragraph 4 of Part 2 of this Schedule, means written confirmation from an insurance company/companies, in a form which is satisfactory to the licensing authority, that the applicant was insured to drive a taxi for the periods in question.

(d) The term “driving licence” in Paragraph 5 of Part 2 of this Schedule shall refer to a licence granted within the State or by any member state of the European Union or by a recognised state determined in regulations made under section 42 of the Road Traffic Act, 1961 (No. 24 of 1961).

(e) The term “full year” means either a continuous or discontinuous period which in total amounts to 365 days.

PART 2

CRITERIA

1. Holder of an existing taxi licence or wheelchair accessible taxi licence.

2. Previous holder of a taxi licence or a wheelchair accessible taxi licence granted since the coming into force of the Regulations of 1978 except where the said licence was surrendered to the licensing authority or to the Garda Commissioner as appropriate in accordance with article 21 of these Regulations or article 8 of the Regulations of 1978.

3. Holder of a hackney licence who has never held a taxi licence or a wheelchair accessible taxi licence and who the licensing authority is satisfied either normally resided or provided a hackney service in the taximeter area in question during the period for which points are claimed.

4. (a) holder of a public service vehicle driving licence who does not hold or has not held a taxi licence or a wheelchair accessible taxi licence since the coming into effect of the Regulations of 1978 and who has not held a hackney licence in respect of any period within the two years prior to the publication of the notice by the licensing authority under article 9 of these Regulations in relation to the determination made under article 8 of these Regulations to grant the licences in respect of which the application is made; where evidence is provided that he/she was engaged in the driving of a taxi or a wheelchair accessible taxi in the taximeter area in question.

(b) Holder of a public service vehicle driving licence as in sub-paragraph 4(a) above except that evidence is not provided in relation to a period that he/she was engaged in the driving of a taxi or a wheelchair accessible taxi in the taximeter area in question.

5. Holder of a driving licence (other than a provisional licence).

Dated this 23rd day of February, 1999.

ROBERT MOLLOY

Minister of State at the Department of the Environment and Local Government.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These regulations amend the criteria used by licensing authorities for assessing applications for the grant of taxi licences and wheelchair accessible taxi licences (other than in respect of the initial grant of such licences in newly declared taximeter areas).