S.I. No. 200/1970 - Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1970.

S.I. No. 200 of 1970.

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (AMENDMENT) (No. 2) REGULATIONS, 1970.

The Minister for Local Government 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, 1970.

(2) The Road Traffic (Public Service Vehicles) Regulations, 1963 to 1970 and these Regulations shall be construed as one.

(3) The collective citation "the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1970" 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. The functions of the Commissioner of the Garda Síochana under the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1970 may be performed by any officer of the Gárda Síochána authorised by the Commissioner to perform such functions.

3. There shall be substituted for sub-article (1) of article II of the Principal Regulations the following sub-article—

"(1) There shall be exhibited in every licensed small public service vehicle so as to be easily seen by a passenger therein—

( a ) a photograph of the driver, the name of the driver, the serial number of the license to drive small public service vehicles issued to him and the signature of the person who has granted the license,

( b ) the serial number of the public service vehicle licence issued in respect of the vehicle,

( c ) the name and official address of the person by whom the vehicle was licensed, and

( d ) in the case of a licensed public hire vehicle used in a taximeter area, a notice showing the maximum fares fixed for public hire vehicles in the taximeter area".

4. There shall be substituted for article 20 of the Principal Regulations the following article—

"20 (1) The Commissioner may grant to the owner of a public service vehicle a licence in respect of a vehicle to which this Part of these Regulations applies.

(2) An application for the grant of a public service vehicle licence shall be made in such form and manner and contain such particulars as the Commissioner shall direct and shall be accompanied by a receipt showing that the fee payable in respect of the application has been paid, and, where the application is for a small public service vehicle licence, by

(a) a statement setting out the names of the drivers of the vehicle, their other occupations and the periods for which they will be available for the driving of the vehicle as a small public service vehicle,

(b) satisfactory evidence that the use of the vehicle as a small public service vehicle is or will be covered by insurance,

(c) satisfactory evidence of the date of first registration of the vehicle or the month and year of its manufacture,

(d) a written undertaking that the vehicle, if licensed, will be available for hire as a public hire vehicle or as a private hire vehicle on at least five days in each week and for at least forty-eight hours in each week.

(3) Where an application for the grant of a public service vehicle licence is duly made, the Commissioner shall, subject to sub-article (4) of this article, grant the licence where he is satisfied that—

(a) where the application is for a licence for the use of a vehicle as a large public service vehicle, the vehicle complies with the regulations in operation under section 11 of the Act applicable to such vehicles,

(b) where the application is for a licence for the use of a vehicle as a public hire vehicle, the character and previous conduct of the applicant are such that the applicant is a fit and proper person to hold such a licence and that the vehicle complies with the regulations in operation under section 11 of the Act applicable to licensed public hire vehicles,

(c) where the application is for a licence for the use of a vehicle as a private hire vehicle, the particulars contained in the application for the licence are correct and that—

(i) in the case of a vehicle to which section 18 of the Act applies, a valid test certificate is in force in respect of the vehicle, or

(ii) in any other case, the vehicle is safe for the carriage of passengers.

(4) A public service vehicle licence shall not be granted in respect of a vehicle the date of manufacture or of first registration of which is more than two years from the date of the application for the licence, unless

(a) the application is made by a person who during the whole of the period from the date of these Regulations to the date of such application, held a valid subsisting licence in respect of a vehicle and the application is made either for the purpose of continuing the use of the vehicle so licensed or of replacing that vehicle by another vehicle, and

(b) the licence in respect of the vehicle so replaced shall have been surrendered or revoked from the date of the grant of the licence for which the application is made."

5. There shall be substituted for sub-article (2) of article 21 of the Principal Regulations the following sub-article—

"(2) (a) A public service vehicle licence which is first granted on or after 1st September, 1970, shall remain in force for a period of three years from the date of its grant or until the sooner

(i) surrender or revocation of the licence, or

(ii) change of ownership of the vehicle in respect of which the licence was granted (other than a devolution of the ownership on the personal representative of an owner who has died);

(b) Where a public service vehicle licence granted to a person who at 1st September, 1970 was not the holder of any such licence has been in force for three years any further licence granted in respect of that vehicle shall remain in force for a period of one year or until the sooner,

(i) surrender or revocation of the licence, or

(ii) change of ownership of the vehicle in respect of which the licence was granted (other than a devolution of the ownership on the personal representative of an owner who has died)."

6. There shall be substituted for sub-articles (1) and (2) of article 31 of the Principal Regulations the following sub-articles—

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

(b) (i) A fee of £15 shall be payable in respect of the first application by a person for a small public service vehicle licence, in respect of a particular vehicle,

(ii) a fee of £15 shall be payable in respect of the grant of a licence for a small public service vehicle pursuant to paragraph (a) of article 21 (2) of these Regulations,

(iii) a fee of £5 shall be payable in respect of the grant of a licence for a small public service vehicle pursuant to paragraph (b) of article 21 (2) of these Regulations.

(iv) where the application is made by a person who during the whole of the period from the date of these Regulations to the date of such application held a valid licence and the application is made in respect of the vehicle which was so licensed or in respect of a vehicle to replace the vehicle which was so licensed, the fee payable in respect of the application and the grant of such licence shall be, where the vehicle is limited to use as a public hire vehicle £3 or where the vehicle is limited to use as a private hire vehicle £1.10.0.

(2) The fee payable for a substitute vehicle plate shall be £1."

7. Sub-article (4) of article 31 of the Principal Regulations is hereby amended by the insertion of the word "large" before the word "public".

8. There shall be substituted for article 34 of the Principal Regulations the following article:—

"34 (1) The Commissioner may grant to any person a licence to drive small public service vehicles.

(2) An application for the grant of a licence to drive small public service vehicles shall be made in such form and manner and contain such particulars as the Commissioner shall direct and shall be accompanied by

(a) a current driving licence;

(b) in the case of a person (other than a person who during the whole of the period from the date of these Regulations to the date of the application was the holder of a valid licence), a certificate of a registered medical practitioner, in a form acceptable to the Commissioner, that he is fit to dirve small public service vehicles;

(c) a statement signed by the applicant showing the nature of his employment during the three years immediately prior to the making of the application;

(d) a receipt showing that the fee payable in respect of the application has been paid, and

(e) an undertaking in writing that, if the licence is granted, his services will be available as a driver of a small public service vehicle for at least forty hours in each week and that in any period of three consecutive days he will not so drive for more than eleven hours a day.

(3) Where an application for the grant of a licence to drive small public service vehicles is duly made, the Commissioner shall grant the licence if he is satisfied that the applicant—

(a) is a fit and proper person to hold a licence to drive small public service vehicles;

(b) has an adequate knowledge of

(i) general traffic regulations,

(ii) the area in which he proposes normally to make his services available as a driver of small public service vehicles and of local traffic and parking regulations applying to that area,

(iii) the regulations relating to small public service vehicles;

(c) not being a person who during the whole of the period from the date of these Regulations to the date of the application was the holder of a valid licence, is not engaged in employment of such a nature as, in the opinion of the Commissioner, to be likely to impair his efficiency or to conflict with his responsibilities or to be incompatible with his employment as a driver of small public service vehicles;

(d) has not been convicted of an offence which, in the opinion of the Commissioner, would render him unsuitable to hold a licence to drive small public service vehicles;

(e) in the case of an applicant who is not the holder of a valid subsisting licence to drive small public service vehicles, holds at the time of the application a driving licence without endorsement".

9. Sub-article (2) of article 35 of the Principal Regulations is hereby amended by the substitution of the word "three" for the word "five".

10. There shall be substituted for article 36 of the Principal Regulations the following article:—

"36 (1) The Commissioner may at any time revoke a licence to drive public service vehicles if he considers that the holder of the licence is no longer a fit and proper person to hold such a licence or if at any time during its currency the holder is convicted of an offence under section 53 of the Road Traffic Act, 1961 or of an offence which in the opinion of the Commissioner renders him unsuitable to hold such a licence.

(2) On the revocation by the Commissioner of a licence to drive small public service vehicles, the Commissioner shall send notice in writing of the revocation to the person whose licence is revoked, but failure to send such notice or any error or inaccuracy in the notice shall not invalidate the revocation.

(3) Where the holder of a licence to drive small public service vehicles is convicted of an offence which in the opinion of the court renders him unsuitable to hold such a licence, the court may revoke the licence and shall notify the Commissioner of any such revocation.

(4) An application for a licence to drive small public service vehicles by the former holder of a licence revoked under this article shall not be considered by the Commissioner until at least one year has elapsed from the date on which the former licence was revoked."

11. There shall be substituted for sub-articles (1) and (2) of article 41 of the Principal Regulations the following sub-articles—

"(1) Subject to sub-article (2), the fee payable in respect of an application for a licence to drive small public service vehicles shall be £5 and, if the licence is granted, the fee payable in respect of the grant of such licence shall be £6.

(2) The fee payable in respect of an application for a licence to drive small public service vehicles by a person who during the whole of the period from the date of these Regulations to the date of his application held a valid such licence, shall be £1 and the licence may be granted without payment of any further fee."

12. There shall be added to article 41 of the Principal Regulations the following sub-article—

"(4) The fee payable for a substitute driver's badge shall be £1."

13. A vehicle which is used as a small public service vehicle shall be kept in a clean condition and in particular its interior shall be kept free of dust, dirt, grime, refuse, litter, or objectionable matter.

14. Every licensed public hire vehicle operating in the Dublin taximeter area shall bear orange stripes nine inches in width painted from side to side on the front and on the rear of its roof.

15. Article 2 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1970 ( S.I. No. 138 of 1970 ) shall be amended by the substitution for "is" of "was, on 15th June, 1970".

GIVEN under the Official Seal of the Minister for Local Government

this 27th day of August, 1970.

ROBERT MOLLOY

Minister for Local Government.

EXPLANATORY NOTE.

These regulations—

(a) enable the functions of the Commissioner of the Garda Síochána under the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1970 to be performed by any authorised officer of the Garda Síochána and make additional provisions in relation to revocation of small public service vehicle drivers' licenses,

(b) require the display of the driver's photograph and other information in small public service vehicles,

(c) prescribe additional requirements to be fulfilled by applicants for small public service vehicle and drivers' licenses,

(d) require higher standards for small public service vehicles,

(e) revise fees payable for small public service vehicle and drivers' licenses,

(f) require that taxis in the Dublin area bear orange stripes painted on the front and rear of the roof.

Existing licence holders are exempt from certain of these provisions.