S.I. No. 15/1978 - Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1978.

S.I. No. 15 of 1978.

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (AMENDMENT) 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) Regulations, 1978.

(2) These Regulations and The Road Traffic (Public Service Vehicles) Regulations, 1963 to 1977 shall be construed together and may be referred to as the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1978.

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

2. Sub-article (1) of article 60 of the Principal Regulations is hereby amended by the insertion after the word "passengers" of the words "and the character and previous conduct of the owner of that vehicle are such that the owner is a fit and proper person for that purpose".

3. Article 60 of the Principal Regulations is hereby amended by the addition thereto of the following sub-articles—

"(6) Whenever the Commissioner or authorised officer refuses to grant a licence under sub-article (1) of this article the owner may appeal against such refusal.

(7) In the case of a refusal where the ground of such refusal is that the owner of the vehicle is not a fit and proper person to hold such a licence the appeal shall be to the Justice of the District Court having jurisdiction in the place in which the owner ordinarily resides and in the case of any other refusal, the appeal shall be to the Minister for the Environment.

(8) On the hearing of an appeal under sub-article (7) above the Justice or the Minister (as the case may be) may either confirm the refusal or direct the Commissioner or authorised officer to grant the licence."

GIVEN under the Official Seal of the Minister for the Environment this

20th day of January, 1978.

SYLVESTER BARRETT,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations provide that an applicant

(1) for a licence for the carriage of children, or children and teachers, for reward to and from school, or to and from school-related physical education activities must be a fit and proper person to hold such a licence; and

(2) may appeal against a decision to refuse to grant such a licence.