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Exemption application process - community transport service
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53. (1) The Authority may grant an exemption from the requirement of licensing regulations to a person proposing to operate a community transport service.
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(2) In order to be granted an exemption from the requirements of licensing regulations, the person proposing to operate a community transport service shall submit in writing to the Authority an application for such stating—
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(a) the name of the proposed community transport service, that it is a charity and its purpose,
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(b) that the operator of the proposed service has been granted charitable tax exemption, and giving details of the tax exemption,
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(c) if charges in respect of the cost of operating the service are to be made of persons availing of the service, the nature and proposed level of those charges,
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(d) the name and address of the person who proposes to operate the service,
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(e) the name and address of any volunteer driver proposed to drive a vehicle in respect of the service, and
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(f) the unique identification mark (registration number) of any mechanically propelled vehicle to be used in the provision of the service.
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(3) The application shall be accompanied by evidence that—
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(a) any vehicle to be used in the course of operation of the proposed service—
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(i) is covered by an approved policy of insurance (within the meaning of section 62 of the Act of 1961) in respect of any person being carried in it during the course of its operation, and
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(ii) has a test certificate issued under section 18 of the Act of 1961 in force in respect of the vehicle, if such a certificate is required in respect of the vehicle,
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and
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(b) any volunteer driver connected with the proposed service holds a driving licence (within the meaning of the Act of 1961) and is covered by a policy of insurance in respect of driving an approved vehicle.
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(4) The Authority in considering an application for an exemption submitted under subsection (2)—
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(a) shall have regard to any charitable tax exemption given to the proposed community transport service and the needs of the community in relation to the community transport service being proposed and, in particular, the needs of rural communities without adequate transport services, and
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(b) may require in this regard such further details as it considers necessary to make its decision.
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(5) In granting an application for an exemption, the Authority may approve such vehicles and volunteer drivers mentioned in the application as it sees fit.
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(6) The Authority shall inform the applicant by notice of the decision.
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(7) An exemption may be for a specified period.
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(8) An exemption under this section shall be subject to any terms and conditions attached to it.
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(9) An exemption—
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(a) shall not be granted to an applicant who is not a charity and does not have a charitable tax exemption in respect of the community transport service concerned, and
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(b) stands withdrawn, if a charitable tax exemption in respect of the operator of the community transport service is withdrawn by the Revenue Commissioners or the operator ceases to be a charity.
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(10) The holder of an exemption shall inform the Authority in writing of any change of address of the holder.
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