S.I. No. 216/1992 - European Communities (Road Passenger Transport) (Amendment) Regulations, 1992.

S.I. No. 216 of 1992.

EUROPEAN COMMUNITIES (ROAD PASSENGER TRANSPORT) (AMENDMENT) REGULATIONS, 1992.

I, MÁIRE GEOGHEGAN-QUINN, Minister for Tourism, Transport and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving further effect to Council Directive No. 74/562/EEC of 12 November 1974,* as amended, hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Road Passenger Transport) (Amendment) Regulations, 1992.

(2) The Principal Regulations and these Regulations may be cited together as the European Communities (Road Passenger Transport) Regulations, 1991 and 1992.

(3) These Regulations, other than Regulation 4, shall be deemed to have come into operation on the 21st day of March, 1991.

2. In these Regulations "the Principal Regulations" means the European Communities (Road Passenger Transport) Regulations, 1991 ( S.I. No. 59 of 1991 ).

3. Paragraph (1) of Regulation 2 of the Principal Regulations is hereby amended—

( a ) by the insertion of the following definition before the definition of "the Act of 1932":

" 'accountant' means a person recognised as an accountant for the purposes of these Regulations by virtue of paragraph (1) of Regulation 14A of these Regulations and to whom paragraph (2) of that Regulation does not relate;",

and

*O.J. No. L 308, 19.11.1974, p. 23.

( b ) by the deletion of the definition of "auditor".

4. Notwithstanding anything to the contrary contained in the Principal Regulations, the provisions of Regulation 4 (1) of the Principal Regulations shall be deemed to have applied from the 1st day of July, 1992, where the carriage is provided by an undertaking having a main occupation other than that of road passenger transport operator and such carriage—

( a ) is of children in vehicles being used pursuant to and in accordance with a licence granted under Article 60 of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ), or

( b ) is by means of a vehicle constructed or adapted for the carriage of not more than 17 persons (including the driver).

5. Regulation 5 of the Principal Regulations is hereby amended in paragraph (2) (b) by the substitution of "accountant" for "auditor".

6. (1) The provisions subparagraph (d) or (e) of paragraph (2) of Regulation 10 of the Principal Regulations shall cease to have effect as on and from the 30th day of September, 1992, and accordingly no certificate of competence shall be granted in respect of an application made, pursuant to either of the said paragraphs, on or after that date.

(2) Regulation 10 of the Principal Regulations is hereby amended—

( a ) in paragraph (3), by the substitution of "before the 1st day of July, 1992" for "within twenty-one days after the date referred to in Regulation 1 (2) (b) of these Regulations",

( b ) in paragraph (6)—

(i) by the substitution in subparagraph (a) of "before the 1st day of July, 1992" for "within six months after the date of the making of these Regulations", and

(ii) by the substitution in subparagraph (b) of "before the 1st day of July, 1992" for "within six months after the date of the making of these Regulations".

7. Regulation 12 of the Principal Regulations is hereby amended in subparagraphs (a) and (b) of paragraph (3) by the substitution of "accountant" for "auditor".

8. The Principal Regulations are hereby amended by the insertion of the following Regulation after Regulation 14:

"Recognised accountants

14A. (1) The Minister shall prepare and cause to be kept a list of classes of persons who are recognised by the Minister as accountants for the purpose of these Regulations, which list may be amended or varied from time to time by the Minister.

(2) Notwithstanding the fact that a person is recognised as an accountant for the purpose of these Regulations, such a person shall, in respect of—

( a ) an application for a road passenger operator's licence, or

( b ) a financial statement (within the meaning assigned by Regulation 12 (3) of these Regulations),

be deemed not to be an accountant for the purposes aforesaid where he is—

(i) the applicant for the said licence or an employee of the applicant, or

(ii) a director, secretary, partner or member of the board of management of the business to which the application relates.".

9. Regulation 23 of the Principal Regulations is hereby amended—

( a ) by the substitution for paragraph (2) of the following:

"(2) Where a road passenger certificate was granted under the European Communities (Road Passenger Transport) Regulations, 1977 and 1981, and was a subsisting certificate immediately before the 1st day of July, 1991, it shall remain valid until the 30th day of June, 1992, provided the owner continues to meet the requirements subject to which it was issued and it shall cease to have effect from the latter date.",

and

( b ) by the substitution in paragraph (3) of "Regulation 1 (2) (b) for "Regulation 1 ( b )".

10. The form of affidavit set out in the Third Schedule to the Principal Regulations is hereby amended—

( a ) by the substitution in the recital thereto of "accountant" for "auditor",

( b ) by the substitution in paragraph 2 thereof of "accountant" for "auditor", and

( c ) by the substitution in paragraph 11 thereof of "applicant" for "application".

GIVEN under my Official Seal this 28th day of July, 1992.

MÁIRE GEOGHEGAN-QUINN,

Minister for Tourism, Transport

and Communications.

EXPLANATORY NOTE.

The purpose of the Regulations is to allow existing operators up to 30th June, 1992 to meet the revised requirements for access to the occupation of road passenger transport operator including more time in which to obtain certificates of competence based on having previously operated and to substitute accountant for auditor in the principal Regulations. A dead line of the 30 September 1992 is also included by which time applications for Certificates of Competence based on five years practical experience at management level in a transport undertaking, should be lodged.