S.I. No. 226/1978 - Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1978.

S.I. No. 226 of 1978.

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (AMENDMENT) (NO. 2) REGULATIONS, 1978.

The Minister for the Environment in exercise of the powers conferred on him by sections 5 and 82 of the Road Traffic Act, 1961 (No. 24 of 1961) hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1978.

(2) The Road Traffic (Public Service Vehicles) Regulations, 1963 to 1978 and these Regulations shall be construed as one.

(3) The collective citation "the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1978" shall include these Regulations.

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

2. Article 20 of the Principal Regulations is hereby amended by the addition thereto of the following sub-article—

"(4) Before the Commissioner shall grant to the owner of a vehicle a small public service vehicle licence which does not limit the use of the vehicle to use as a private hire vehicle he shall be satisfied that the vehicle, if so licensed, will be available for hire as a public hire vehicle for not less than six hours each day between the hours of 8 a.m. and 8 p.m. on at least five days in each week and for at least forty-eight hours in each week."

3. Paragraph (d) of sub-article (2) of article 20 of the Principal Regulations (as substituted by article 4 of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1970 ( S.I. No. 200 of 1970 )), is hereby revoked.

4. Article 24 of the Principal Regulations is hereby amended by the substitution for sub-article (1) of the following sub-article—

"(1) The Commissioner may at any time revoke a public service vehicle licence if—

( a ) he considers that the condition of the vehicle is such or the character or conduct of the owner is such that he would be justified in refusing to grant the licence if an application for the grant of a licence under article 20 of these Regulations were made to him at that time, and

( b ) in the case of a small public service vehicle licence granted on or after the first day of September, 1978 which does not limit the use of the vehicle to use as a private hire vehicle, he is satisfied that the vehicle has not been available for hire as a public hire vehicle for the periods specified in sub-article 4 of article 20 of these Regulations (as inserted by article 2 of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1978)".

5. Sub-article (3) of article 15 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1977 ( S.I. No. 111 of 1977 ) is hereby amended by the addition thereto of the following words—

"and, where the licence does not limit the use of the vehicle to use as a private hire vehicle that the vehicle would be available for hire for not less than the periods specified in sub-article (4) of article 20 of the Principal Regulations (as inserted by article 2 of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1978)".

GIVEN under the Official Seal of the Minister for the

Environment this 11th day of August, 1978.

SYLVESTER BARRETT,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations provide that—

(1) the applicant for a licence for a small public service vehicle for use as a public hire vehicle must satisfy the Garda Commissioner that the vehicle will be available for hire for not less than 6 hours during the period 8 a.m. to 8 p.m. on at least 5 days and for at least 48 hours in each week;

(2) on change of ownership (other than devolution of ownership on the personal representative of an owner who has died) of a small public service vehicle licensed for hire as a public hire vehicle, the applicant for a licence must satisfy the Garda Commissioner that the vehicle shall continue to be available for public hire at the prescribed times;

(3) the Commissioner may revoke a licence for the use of a vehicle as a public hire vehicle, if he is satisfied that the vehicle has not been available for the specified periods.