Dublin Traffic Act, 1875.

REGULATIONS AS TO MOTOR CAR ATTENDANTS. 07/12/1928: MOTOR CAR ATTENDANTS REGULATIONS, 1928

WHEREAS by Section 17 of the Dublin Traffic Act, 1875, the Commissioner of the Gárda Síochána is empowered to license Commissionaires or Messengers to exercise their callings, and appoint places at which they may stand to exercise their callings, and direct the numbers of each class who may stand at the appointed places, and by Section 4 of the said Act, the Commissioner may, with the approval of the Circuit Court Judge in and for the County of the City of Dublin, from time to time make such Regulations as may be necessary generally for giving effect to the provisions of the said Act, now therefore, in exercise of the powers in that behalf vested in me, I, EOIN Ó DUBHTHAIGH, Commissioner of the Gárda Síochána, with the approval of the Circuit Court Judge for the County of the City of Dublin, and with the assent of the City Commissioners, do hereby make the following Order and Regulations in respect of the licensing of Commissionaires who shall be authorised to act as Motor Car Attendants within the general limits of the above-mentioned Act.

REGULATIONS.

1. A Licence to act as a Commissionaire for the purpose of acting as Motor Car Attendant may be granted to any person by the Commissioner of the Gárda Síochána, hereinafter referred to as the Commissioner, subject to the following exceptions:

(a) A Licence shall not be granted to any person who is under the age of 18 years, or who is unable to read and write, and any Licence granted to such person shall be void.

(b) The Commissioner may, at his discretion, refuse a Licence to any person who has been convicted of any offence, or who is not of good character, or who is not, in the opinion of the Commissioner, fit or suitable to act as Commissionaire.

2. A person desirous of obtaining such Licence shall make application at the Office designated by the Commissioner for that purpose, shall fill in the necessary form of application correctly, and shall truthfully answer all questions that may be put to him in connection with his application, and shall submit two satisfactory references.

3. The name of each applicant whose application has been approved shall be placed on a Register of Applicants (to be kept by the Gárda Síochána at such place as the Commissioner may determine) in priority, according to date of application, and in such priority each registered applicant, according as his services may be required, shall be entitled, on payment of a sum of two shillings, to receive a licence, together with a badge corresponding in number thereto. The name of each person to whom such a licence has been issued shall be placed on a separate register to be called the Register of Licensed Commissionaires (to be kept with the Register of Applicants).

4. Unless in the meantime revoked, suspended or surrendered, a licence shall remain in force until the 31st January following the date of its issue, when it shall expire, unless renewed during that month by payment of the sum of 1/-.

5. A Licensee under these Regulations shall give one month's notice in writing to the Commissioner before surrendering his licence, or permitting it to expire; and immediately upon expiration of the Notice he shall deliver up his licence and badge.

6. Every licence granted under these Regulations shall be subject to suspension or revocation by the Commissioner, if the Licensee has been convicted of any offence under any Act, or has committed a breach of these Regulations, or if in the opinion of the Commissioner he has been guilty of misconduct or incivility in the exercise of his calling, inefficiency in the discharge of his duties or non-compliance with the conditions laid down in his licence. Upon the revocation, suspension, surrender or expiration of a Licence, the name of the Licensee shall be removed from both the Register of Licensed Commissionaires and the Register of Applicants. Provided that the Commissioner may, if he shall think fit, re-enter upon the Register of Applicants, in priority as of the date of such re-entry, any name which has been removed therefrom.

7. When a Licence has been revoked or suspended, a Notice to that effect shall be served upon the holder of the licence or left at his usual or last place of abode, and he shall then forthwith deliver up his licence and badge to the Licensing Authority. The Licence shall be deemed to be revoked or suspended as from the date of service of such notice. Any person who acts or attempts to act as Commissionaire, or who fails to deliver up his licence and badge after his licence has been revoked, suspended, or surrendered, or has expired, shall be deemed to be guilty of a breach of these Regulations.

8. Any Licences or other forms issued or records kept under these Regulations, or any badges to be worn, shall be of such a form or type as the Commissioner shall prescribe, provided that the power of suspension or revocation of a licence contained in Regulation 6 shall be plainly set forth in every licence issued.

9. A Licensee shall comply with these Regulations and with all the conditions laid down in his licence, and shall not act contrary to the import thereof.

10. A Licensee shall not lend or transfer his licence or badge to any other person. In the event of the loss of licence or badge, he shall report the matter forthwith to the Licensing Authority and may receve a new Licence or badge in lieu thereof on production of a declaration made before a District Justice relating to such loss, and on payment of the sum of 1/-.

11. A Licensee shall, within twenty-four hours of any change of his address, notify in writing such change of address to the Commissioner.

12. A Licensee shall truthfully answer all questions which may be demanded of him by any member of the Gárda Síochána in relation to his employment or in regard to his name and address.

13. A Licensee shall take up duty only at the place or places named in his licence, hereinafter called his standing, and shall attend at such standing at the time specified in the licence. The Commissioner shall have power to revoke or suspend a licence in case of a licensee failing to attend regularly or punctually at the standing to which he has been appointed.

14. A Licensee shall, at all times, when on his standing or during the course of his employment, be perfectly sober, clean in his peíson, and of decent apparel, and shall conduct himself in a civil and respectful manner, and shall work loyally and agreeably in co-operation with any others licensed for the same standing.

15. A Licensee shall at all times when on his standing or during his employment wear his brassard or badge on his left arm, and shall inform the person employing him of his licensed number.

16. A Licensee shall, on the first opportunity, report to a member of the Gárda Síochána any breach of the traffic regulations which he may have observed in the neighbourhood of his standing.

17. A Licensee shall not mount upon or take hold of vehicles to offer his services, and shall notify the Gárda Síochána forthwith of any injury to vehicles in the neighbourhood of his standing, and shall preserve to the best of his ability the safe keeping of vehicles and property entrusted to his care: and shall keep such records as the Commissioner may prescribe, and shall produce such records on the demand of any member of the Gárda Síochána.

18. A Licensee, when in attendance at his standing, shall not undertake any duty which may necessitate his absence from his standing.

19. A Licensee shall not be entitled to demand payment for his services, but shall be at liberty to accept any remuneration which may be proffered to him, and any Licensee who extorts or attempts to extort any remuneration by representing that he is entitled to payment for his services, or by threats, incivility or abuse, shall be deemed to be guilty of a breach of these regulations.

20. The Commissioner may transfer a Licensee from one standing to another standing.

21. Any Licensee whose name has been removed from the Register of Licensed Commissionaires, shall immediately upon such removal cease to be an authorised Commissionaire within the meaning of Section 18 of the Dublin Traffic Act, 1875. Every Commissionaire other than those authorised by the Commissioner, who occupies the standings appointed by the Commissioner, or who remains there after being requested by a member of the Gárda Síochána on duty to leave, and every person molesting or obstructing any authorised Commissionaire in the exercise of his calling, and every person not being an authorised Commissionaire who fraudulently puts on or imitates the dress or takes the name, designation or character of any authorised Commissionaire, shall for each offence be liable to a penalty not exceeding forty shillings.

EOIN UA DUBHTHAIGH,

Commissioner, Gárda Síochána.

I approve of the foregoing:

CAHIR DAVITT,

Circuit Judge for the County of the City of Dublin.

This 7th day of December, 1928.                 [2909]