S.I. No. 272/1991 - Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1991.

S.I. No. 272 of 1991.

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (AMENDMENT) REGULATIONS, 1991.

The Minister for the Environment in exercise of the powers conferred on him by section 5 of the Road Traffic Act, 1961 (No. 24 of 1961) and section 82 of that Act as amended by section 57 of the Road Traffic Act, 1968 (No. 25 of 1968) hereby makes the following Regulations:—

1. (1) These Regulations may be cited as the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1991.

(2) These Regulations and the Road Traffic (Public Service Vehicles) Regulations 1963 to 1987 shall be construed as one and may be cited together as the Road Traffic (Public Service Vehicles) Regulations 1963 to 1991.

2. (1) In these Regulations:—

"the Act" means the Road Traffic Act, 1961 ;

"grant period" means the period from the 24th day of October, 1991 to the 30th day of September, 1992 and each succeeding period of twelve months from the 1st day of October, 1992;

"The Regulations of 1978" means the Road Traffic (Public Service Vehicles) (Licensing) Regulations, 1978 ( S.I. No. 292 of 1978 );

"the Regulations of 1986" means the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1986 ( S.I. No. 30 of 1986 );

"the Regulations of 1987" means the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1987 ( S.I. No. 139 of 1987 );

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

(2) Sub-article (1) of article 3 of the Principal Regulations is hereby amended by the substitution of the definitions set out in sub-article (3) of this article for the following definitions:—

(i) "Dublin taximeter area";

(ii) "taximeter area".

(3) (a) In these Regulations a reference to the term taximeter area shall include all of the areas specified in column 2 of the table to article 5 of the Regulations of 1978 and the area referred to in paragraph (b) of this sub-article.

(b) "Dublin taximeter area" means the area as lies within a circle having a radius of 15 miles from its centre at the General Post Office at O'Connell Street, Dublin.

3. Sub-articles (2), (3) and (4) (b) of article 6 of the Regulations of 1978 are hereby revoked.

4. The following article shall be substituted for article 5 of the Regulations of 1978:—

"5. (1) A local authority specified in column 1 of the table to this article shall, from time to time by resolution—

(a) determine the number of new public hire vehicle licences which may be granted during a grant period by the Commissioner in respect of the use of vehicles as public hire vehicles in the taximeter area specified in column 2 of the said table opposite the mention of such local authority, and

(b) specify a period within which applications may be made to the Commissioner for the grant of such licences.

(2) The number of new public hire vehicle licences which may be granted by the Commissioner during the grant period beginning on the 24th day of October, 1991 in respect of the Dublin taximeter area shall be not more than 100.

(3) (a) The Commissioner shall not during a grant period grant new public hire vehicle licences for use of vehicles as public hire vehicles in a taximeter area specified in column 2 of the table to this article in excess of the number determined by a local authority in accordance with paragraph (a) of sub-article (1) of this article in respect of that period for that taximeter area.

(b) The Commissioner shall not during the grant period beginning on the 24th day of October 1991 grant new public hire vehicle licences for use of vehicles as public hire vehicles in the Dublin taximeter area in excess of the number set down in sub-article (2) of this article.

(4) Where a local authority has not made a determination under paragraph (a) of sub-article (1) of this article in respect of a grant period the Commissioner shall not grant any new public hire vehicle licences for the use of vehicles as public hire vehicles in the taximeter area specified in column 2 of the said table opposite the mention of such local authority.

(5) Where a local authority has made a determination under paragraph (a) of sub-article (1) of this article it shall cause notice of such determination and of the period specified for the making of applications to be published in a newspaper circulating in the taximeter area.

(6) The period specified for the making of an application for new public hire vehicle licences in the Dublin taximeter area shall be determined by the Commissioner who shall give notice of the said period in a daily newspaper circulating in the Dublin taximeter area.

TABLE

5. (1) The Commissioner shall consider applications made to him for new public hire vehicle licences in accordance with the criteria set out in the Schedule to these Regulations.

(2) (a) Where, having regard to the criteria set out in the Schedule to these Regulations, the Commissioner considers that a number of applications have attained a position which creates a tie for the last available new public hire vehicle licence of the number of such licences as has been determined in respect of a taximeter area specified in column 2 of the table to article 5 of the Regulations of 1978 (as substituted by article 4 of these Regulations), the Commissioner shall determine by lot from among such applications only, the person to whom an offer of a grant of such a licence shall be made.

(b) Where, having regard to the criteria set out in the Schedule to these Regulations, the Commissioner considers that a number of applications have attained a position which creates a tie for the last available new public hire vehicle licence of the number of such licences as has been determined in sub-article (2) of article 5 of the Regulations of 1978 (as substituted by article 4 of these Regulations), the Commissioner shall determine by lot from among such applications only, the person to whom an offer of a grant of such a licence shall be made.

6. (1) The Commissioner shall make an offer of a grant of a new public hire vehicle licence to an applicant having considered applications made to him in accordance with the provisions of article 5 of these Regulations and shall not make more than one such offer to such applicant.

(2) The grant of a new public hire vehicle licence to an applicant to whom an offer of such a grant has been made shall be made only after the applicant has made available to the Commissioner a Tax Clearance Certificate issued by the Revenue Commissioners in respect of the said applicant and has paid to the Commissioner the fee prescribed in sub-article (4) of article 7 of these Regulations.

(3) The Commissioner shall notify applicants of the requirement set down in sub-article (2) of this article.

(4) Where an applicant to whom an offer of a grant of a new public hire vehicle licence has been made does not comply with sub-article (2) of this article within a period of fourteen days from the day on which such offer had been made the Commissioner shall, without further notice to the said applicant, make an offer of a grant of a new public hire vehicle licence to another applicant provided the provisions of article 5 of these Regulations are complied with in relation to the making of such an offer.

7. (1) Article 18 of the Regulations of 1978 is hereby revoked.

(2) (a) A fee of £6 shall be payable in respect of an application and the grant of a licence for a large public service vehicle by the owner of the vehicle.

(b) When an application for a large public service vehicle licence is refused, the fee paid by the owner of the vehicle shall be refunded.

(3) (a) A fee of £10 shall be payable in respect of an application for a new public hire vehicle licence.

(b) The fee described in paragraph (a) of this article shall not be repaid in the event of the application for the new public hire vehicle licence not being successful.

(4) Where the Commissioner makes an offer of a grant of a new public hire vehicle licence the applicant shall pay a fee of £3,000 before such a licence is granted.

(5) Where a change of ownership of a vehicle is proposed in accordance with the provisions of article 9 of the Regulations of 1978 in respect of a public hire vehicle a fee of £3,000 shall be payable by the new owner before the Commissioner may approve of the continuance in force of the said licence.

(6) Where a fee of £3,000 referred to in sub-articles (4) and (5) of this article has been paid by the person to whom the new public hire vehicle licence or the public hire vehicle licence has been granted and the said new public hire vehicle licence or the said public hire vehicle licence or a public hire vehicle licence granted subsequent to and applying to the same licence number as the said new public hire vehicle licence is surrendered to the Commissioner in accordance with article 8 of the Regulations of 1978, the said fee shall be refunded to that person by the Commissioner.

(7) A fee of £100 shall be payable in respect of the grant of a public hire vehicle licence.

(8) A fee of £20 shall be payable in respect of the inspection and examination of a vehicle pursuant to article 20 of the Regulations of 1978 in the case of the first application by a person for a licence for a small public service vehicle, which is not a public hire vehicle, in respect of that particular vehicle.

(9) A fee of £7 shall be payable in respect of the grant of a licence for a small public service vehicle which is not a public hire vehicle.

(10) ( a ) The fees payable under this article shall be paid to the Commissioner at an office designated by him in any area.

( b ) Fees received by the Commissioner shall be lodged to the credit of an account to be opened by him and such fees shall be used to defray the costs of the administration of the licensing of public service vehicles generally.

8. (1) This article applies to public hire vehicle licences in the taximeter areas referred to in column 2 of the table to article 5 of the Regulations of 1978 (as substituted by article 4 of these Regulations) with the exception of the Cork taximeter area, the Galway taximeter area and the Limerick taximeter area.

(2) The provisions of article 7 of the Regulations of 1987 shall apply to the operation of public hire vehicles to which this article applies, save in respect of sub-article (3) of the said article 7.

(3) On and from the 31st day of October, 1992, a public hire vehicle shall not be operated as a public hire vehicle in a taximeter area, referred to in sub-article (1) of this article, unless a taxi sign is displayed on the roof of the vehicle in compliance with the provisions of the Regulations of 1987.

9. Sub-article (1) of article 7 of the Principal Regulations shall not apply to public hire vehicles licensed to operate in the taximeter areas referred to in column 2 of the table to article 5 of the Regulations of 1978 (as substituted by article 4 of these Regulations) with the exception of the Cork taximeter area, the Galway taximeter area and the Limerick taximeter area.

10. The provision of sub-articles (2) and (3) of article 53 of the Principal Regulations (as substituted by article 3 of the Regulations of 1986) shall not apply to public hire vehicles licensed to operate in the taximeter areas referred to in column 2 of the table to article 5 of the Regulations of 1978 (as substituted by article 4 of these Regulations) with the exception of the Cork taximeter area, the Galway taximeter area and the Limerick taximeter area.

11. (1) Subject to sub-article (3) of this article the provisions of article 9 of the Regulations of 1978 shall not, insofar as they relate to licences for small public service vehicles, apply to new public hire vehicle licences granted in accordance with these Regulations or to public hire vehicle licences granted subsequent to and applying to the same licence numbers as the said new public hire vehicle licences.

(2) Subject to sub-article (3) of this article a new public hire vehicle licence granted in accordance with the provisions of these Regulations and a public hire vehicle licence granted subsequent to and applying to the same licence number as the said new public hire vehicle licence shall only be so granted in the name of the original applicant for the said new public hire vehicle licence.

(3) Sub-articles (1) and (2) of this article shall apply for a period of five years from the date of the first issue of a new public hire vehicle licence granted in accordance with these Regulations.

(4) The provisions of this article shall not apply in a case where article 10 of the Regulations of 1978 is applicable.

12. (1) The Commissioner shall, notwithstanding the provisions of sub-article (2) of this article, not grant a small public service vehicle licence other than a small public service vehicle licence which may be granted in respect of a vehicle which is subject to an existing small public service vehicle licence or which may be granted in accordance with the provisions of these Regulations with effect from the date of the coming into effect of these Regulations unless the application for such a licence had been received by the Commissioner on or before that date.

(2) Sub-article (1) of this article shall not apply where a small public service vehicle licence is to be granted through the application of articles 9 or 10 of the Regulations of 1978.

SCHEDULE

CRITERIA FOR ASSESSMENT OF APPLICATIONS FOR NEW PUBLIC HIRE VEHICLE LICENCES.

Note: Paragraph 10 does not apply to any individual offence to which paragraphs 8 or 9 applies.

GIVEN under the Official Seal of the Minister for the Environment

this 24th day of October, 1991.

PADRAIG FLYNN,

Minister for the Enviroment.

EXPLANATORY NOTE.

These regulations amend existing public service vehicles regulations, by providing for the issue of one hundred new public hire vehicle licences for an extended Dublin Taximeter Area.

They also provide for a new fee structure and new criteria for assessing applications for licences, and that taximeter area status be applied to all areas where public hire vehicles operate and a restriction on issuing new small public service vehicle licences in areas other than Dublin.