Taxi Regulation Act 2013

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PART 4

Mandatory Disqualifications

Mandatory disqualification for holding small public service vehicle driver licences on certain convictions

30. (1) In this section—

“appropriate court”, in relation to a conviction on indictment for a specified offence, means—

(a) in the case of an offence other than murder, manslaughter or rape, the Circuit Court, and

(b) in the case of an offence of murder, manslaughter or rape, the High Court;

“corresponding offence” means an offence under the law of another jurisdiction where the act or omission constituting the offence under the law of the other jurisdiction would, if committed in the State, constitute an offence specified in subsection (3) or the Schedule as the case may be;

“court in another jurisdiction that is not of minor or limited jurisdiction” means a court or tribunal in a jurisdiction other than the State that has the power to impose on a person for the offence concerned a term of imprisonment of 12 months or more;

“licence” means a licence to drive a small public service vehicle;

“sexual offence” means an offence referred to in paragraphs 5 to 11 of Part 1, or paragraphs 4 to 7 of Part 2, of the Schedule;

“specified offence” means—

(a) any offence mentioned in the Schedule,

(b) an offence consisting of attempting or conspiring to commit, or aiding, abetting, counselling, soliciting, procuring or inciting the commission of, any offence so mentioned, or

(c) a corresponding offence to an offence specified in the Schedule (other than an offence mentioned in paragraph 20 of Part 2 of the Schedule).

(2) Where a person, being the applicant for, or the holder of, a licence is convicted on indictment or in a court in another jurisdiction that is not of minor or limited jurisdiction of a specified offence—

(a) mentioned in Part 1 of the Schedule then the person, from the date of conviction, is disqualified for life for holding a licence, or

(b) mentioned in Part 2 of the Schedule—

(i) where a fine only or a sentence to a term of imprisonment the operation of which is suspended in whole, or both, are imposed on the person, then the person, from the date of conviction, is disqualified for holding a licence for a period of 12 months, or

(ii) where a sentence to a term of imprisonment is imposed on the person which is not suspended in whole, then the person is disqualified for holding a licence—

(I) during the term of imprisonment imposed, and

(II) from the end of the term of imprisonment imposed, a further period of—

(A) 18 months, where the term of imprisonment imposed is not more than 3 years,

(B) 2 years, where the term of imprisonment imposed is more than 3 years but not more than 5 years,

(C) 3 years, where the term of imprisonment imposed is more than 5 years but not more than 7 years, or

(D) 5 years, where the term of imprisonment imposed is more than 7 years.

(3) Where a person being the applicant for, or the holder of, a licence is convicted after the commencement of this subsection of any of the following offences, namely—

(a) on indictment, of careless driving under section 52 of the Act of 1961 or dangerous driving under section 53 of that Act,

(b) on summary conviction, of dangerous driving under section 53 of the Act of 1961,

(c) of driving a vehicle while under the influence of an intoxicant under section 4 of the Act of 2010,

(d) of being in charge of a vehicle while under the influence of an intoxicant under section 5 of the Act of 2010,

(e) of failing to provide a specimen under section 12 or 14 of the Act of 2010, or

(f) a corresponding offence to an offence mentioned in any of the preceding paragraphs,

the person is disqualified for holding a licence for the period of any disqualification (“the first-mentioned period”) and—

(i) in the case of a conviction mentioned in paragraph (a), a further period of 5 years, or

(ii) in the case of a conviction mentioned in paragraph (b), (c), (d) or (e), a further period of 3 years,

from the end of the first-mentioned period.

(4) A disqualification under this section takes effect upon—

(a) the expiration of the ordinary time for bringing an appeal against the conviction concerned, or

(b) in the event of an appeal—

(i) where the conviction is confirmed, its confirmation, or

(ii) the withdrawal of the appeal.

(5) Subsection (2) applies to a person who has been convicted of a specified offence before or after the commencement of that subsection.

(6) A person is disqualified for making an application under subsection (8) while he or she is serving a term of imprisonment.

(7) Where a person is disqualified for holding a licence under this section—

(a) a licence shall not be granted to the person, and

(b) a licence held by the person stands revoked.

(8) Subject to subsection (6), where a person is convicted of a specified offence or an offence referred to in subsection (3) the person may apply to the appropriate court—

(a) to be allowed to apply for a licence, or

(b) where the person is a person referred to in subsection (11), to be allowed continue to hold his or her licence.

(9) The appropriate court may grant an application under subsection (8) where it is satisfied, in all the circumstances that the person is a suitable person to be allowed to apply for or continue to hold a licence, as the case may be.

(10) The appropriate court, in determining whether to grant or refuse an application under subsection (8) shall have regard to the following:

(a) the appellant’s conduct since conviction;

(b) the nature of the offence giving rise to the disqualification;

(c) whether the conviction resulting in the disqualification is one of a number of convictions for the same or different specified offences;

(d) the penalty or sentence suffered on foot of the conviction;

(e) the period of disqualification for the specified offence;

(f) any other disqualification or forfeiture imposed on foot of the conviction;

(g) whether the offence was committed in the course of or connected with the use of a small public service vehicle or plying for hire;

(h) the welfare and safety of passengers in small public service vehicles and members of the public;

(i) any other matter the court considers relevant.

(11) Where a person who, but for this subsection, would be disqualified under subsection (2) for holding a licence for having been convicted of, before the commencement of this section, an offence referred to in subsection (2) the disqualification of the person stands suspended, subject to subsection (12), during the period of 12 months from that commencement.

(12) Where an application is made by the person referred to in subsection (11) to the appropriate court under subsection (8) during the period referred to in subsection (11)—

(a) the suspension of the disqualification continues while the application is pending, and

(b) if the application is—

(i) refused, the disqualification takes effect from the date of the refusal or on such later date, not exceeding 28 days from the date of the refusal, as the court may allow, or

(ii) withdrawn, the disqualification takes effect—

(I) 28 days after its withdrawal, if withdrawn before the expiration of the 12 month period referred to in subsection (11), or

(II) if withdrawn after that period, the day after its withdrawal.

(13) (a) A person intending to make an application to the appropriate court under subsection (8) shall give 21 days’ notice in writing of that intention to the Superintendent of the Garda Síochána for the district in which the person ordinarily resides or carries on business and, where the person is the holder of a licence—

(i) to the licensing authority which granted the licence, and

(ii) if the Authority did not grant the licence, to the Authority.

(b) At the hearing of the application under subsection (8)—

(i) the Superintendent of the Garda Síochána for the district in which the person ordinarily resides or drives or proposes to drive a small public service vehicle,

(ii) where the person making the application is the holder of a licence, the licensing authority which granted the licence, and, if the Authority did not grant the licence, the Authority, and

(iii) any other person whom the appropriate court considers relevant or affected by the application,

may appear and shall be entitled to be heard and to adduce evidence to the court, and any such evidence may be considered by the court when it is considering the application.

(c) The appropriate court shall cause notice of its decision on an application under subsection (8) to be given to the Superintendent of the Garda Síochána for the district in which the applicant ordinarily resides or carries on business and to the licensing authority, and if the Authority is not the licensing authority, to the Authority.

(d) The decision of the appropriate court on an application under subsection (8) is final, save that, by leave of the court, an appeal from the decision lies—

(i) in the case of a decision of the Circuit Court, to the High Court, or

(ii) in the case of a decision of the High Court, to the Supreme Court,

on a specified question of law only.

(14) For the purposes of subsections (8) and (12), a person who does not reside in the State is deemed to reside or be ordinarily resident in the Dublin Circuit.

(15) Where an application has been made under subsection (2) of section 36 of the Act of 2003, before the passing of this Act, and a court has made a decision in respect of the application, the decision stands as though made under subsection (8).

(16) A licensing authority shall have due regard, to the decision of the appropriate court to which an application has been made under subsection (8) allowing the applicant to apply for a licence, before making its decision whether or not to grant the licence.