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Licensing regulations
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7. (1) The Authority may make regulations (“licensing regulations”) in relation to the licensing of—
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(a) small public service vehicles,
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(b) drivers of small public service vehicles, and
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(c) services involving small public service vehicles (including dispatch operators).
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(2) Regulations under this section may in particular and without prejudice to the generality of subsection (1) provide for all or any of the following:
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(a) the requirement for a licence to be held in respect of a mechanically propelled vehicle in order for it to be used as a small public service vehicle for the carriage of persons for reward;
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(b) the requirement for a person to hold a licence in order to drive a small public service vehicle for the carriage of persons for reward;
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(c) the requirement for a person to hold a licence in respect of the operation of booking services for small public service vehicles (including dispatch operators);
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(d) the terms and conditions relating to the grant of a licence;
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(e) the manner and form of an application for the grant of, or change to, a licence (including prescribing the period within which an application for the renewal of a licence shall be made before the expiry of the licence);
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(f) the information and documentation to accompany an application, including in the case of an application for a licence for a small public service vehicle information in respect of—
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(i) the age, make and details of the vehicle,
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(ii) the inspection and certification of its roadworthiness,
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(iii) the insurance of the vehicle, and
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(iv) its compliance with vehicle standards requirements under SPSV regulations;
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(g) the fees to be charged in respect of applications for licences and other matters relating to licences;
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(h) the format and content of a licence;
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(i) the period of validity of a licence;
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(j) in the case of the renewal of a licence, the period within which an application for the renewal of the licence has to be made before the expiry of the existing licence;
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(k) information to be given to the licensing authority by the licence holder during the validity of the licence or upon its expiration, revocation or suspension;
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(l) in the case of a licence issued to the driver of a taxi, a restriction on the area in which the driver may, with the taxi, stand at an appointed stand or ply for hire;
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(m) in the case of a licence for a small public service vehicle, the requirements regarding—
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(i) the ownership or possession of the vehicle,
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(ii) the rental of the vehicle, and
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(iii) any equipment associated with the vehicle;
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(n) in the case of an application for a licence, or a licence held, by a company, the requirement to provide to the Authority details of any director, shadow director, manager, secretary, member entered in the register of the company, other officer or employee of the company, any person who has control of the company or any person purporting to act in that capacity;
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(o) prohibitions, restrictions and conditions relating to the renting or leasing of a small public service vehicle or equipment associated with it from the person who holds the licence relating to the vehicle;
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(p) matters which are supplementary, ancillary or incidental to the foregoing.
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(3) Any regulation made under this section relating to the licensing of drivers of small public service vehicles shall be made only after consultation with the Garda Commissioner and the Advisory Committee.
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(4) The Authority, in making regulations under this section, may set different requirements and conditions—
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(a) in relation to the licensing of different categories or classes—
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(i) of small public service vehicles,
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(ii) of drivers of small public service vehicles, and
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(iii) of licences referred to in subsection (2)(c),
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(b) for different circumstances, and
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(c) for different areas of the State.
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(5) A licence holder who fails to give information required to a licensing authority under licensing regulations or gives such information knowing it to be false or misleading commits an offence and is liable on summary conviction to a class C fine.
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(6) A person shall not rent or lease to or from another, or operate, a vehicle or equipment associated with it contrary to any prohibition, restriction or condition regarding such in licensing regulations.
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(7) A person who contravenes subsection (6) commits an offence and is liable on summary conviction to a class A fine.
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