S.I. No. 233/2008 - Taxi Regulation Act 2003 (Permitted Use of Small Public Service Vehicle Licences) Regulations 2008


S.I. No. 233 of 2008

TAXI REGULATION ACT 2003 (PERMITTED USE OF SMALL PUBLIC SERVICE VEHICLE LICENCES) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th July, 2008.

The Commission for Taxi Regulation, in exercise of the powers conferred on it by sections 34 of the Taxi Regulation Act 2003 (No. 25 of 2003), hereby makes the following regulations:

1. These Regulations may be cited as the Taxi Regulation Act 2003 (Permitted Use of Small Public Service Vehicle Licences) Regulations 2008.

2. In these Regulations—

“Commission” means the Commission for Taxi Regulation;

“driver licence” means a licence to drive a small public service vehicle granted, as the case may be, under section 34 of the Taxi Regulation Act 2003 (No. 25 of 2003) or section 82 of the Road Traffic Act 1961 (No. 24 of 1961);

“small public service vehicle licence” means a licence in respect of a small public service vehicle granted under section 34 of the Taxi Regulation Act 2003 (No. 25 of 2003) or section 82 of the Road Traffic Act 1961 (No. 24 of 1961).

3. The holder of a small public service vehicle licence shall not allow another person to operate his or her small public service vehicle unless the licence holder concerned:

(a) ensures that any other person proposing to operate the vehicle as a small public service vehicle holds a driver licence;

(b) ensures that any such other person is insured to drive the vehicle concerned as a small public service vehicle;

(c) holds records confirming the details of any driver licences being operated by use of his or her small public service vehicle;

(d) holds a certificate of insurance or a copy of such certificate in relation to any such other drivers;

(e) makes available to the Commission, within 21 days of the date of a request for same from the Commission, copies of the records referred to in subparagraph (c) and (d).

4. The holder of a small public service vehicle licence shall not employ another person to operate his or her small public service vehicle unless the holder of the licence concerned:

(a) ensures that the person he or she is proposing to employ holds a driver licence;

(b) ensures that the person he or she is proposing to employ holds a certificate of insurance to drive the vehicle concerned as a small public service vehicle;

(c) holds a copy of the driver licence referred to in paragraph (a) together with a copy of the certificate of insurance referred to in paragraph (b);

(d) makes available to the Commission, within 21 days of the date of a request for same from the Commission, copies of the records referred to in subparagraph (b) and (c).

5. The holder of a small public service vehicle licence shall not rent or lease his or her licensed vehicle to another person to operate his or her small public service vehicle unless the licence holder concerned:

(a) ensures that the person to whom he or she is proposing to rent or lease the vehicle concerned holds a driver licence;

(b) ensures that the person to whom he or she is proposing to rent or lease the vehicle holds a certificate of insurance to drive the vehicle concerned as a small public service vehicle;

(c) holds a copy of the driver licence referred to in paragraph (a) together with a copy of the certificate of insurance referred to in paragraph (b);

(d) makes available to the Commission, within 21 days of the date of a request for same from the Commission, copies of the records referred to in subparagraph (b) and (c).

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GIVEN under the seal of the Commission for Taxi Regulation,

1 July 2008

KATHLEEN DOYLE

Commissioner for Taxi Regulation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe the circumstances in which a taxi, hackney or limousine licence may be operated by a person other than the licence holder. The purpose of these Regulations is to enhance accountability within the small public service vehicle industry. They include the requirement that the licence-holder must ensure that a person using his or her licensed vehicle holds a valid small public service vehicle driver licence as well as being appropriately insured.