Public Transport Regulation Act 2009

• Permanent Page URL

(3)

The substitution for subsection (8) of the following:

“(8) The Commission, in making regulations under this section, may set different requirements and conditions—

(a) in relation to the licensing and operation of different categories of small public service vehicles and their drivers,

(b) for different circumstances, and

(c) for different areas.”.

The insertion after subsection (6) of the following:

“(7) A reference to an offence mentioned in subsection (1) or (5) includes a reference to a corresponding offence under the law of a country or territory outside the State for which an applicant for or the holder of a licence has been convicted in the other jurisdiction.”.

The insertion after paragraph (b) of the following:

“(bb) in the case of dispatch operators, wheelchair accessible taxi licences and such other categories of small public service vehicle licence to be decided by the Commission, the contact information of the holder for the purpose of making and receiving bookings, together with details in relation to the holder’s area and hours of operation,”.

Substitute the following section:

“43.—(1) A person shall not drive or use a mechanically propelled vehicle capable of being licensed as, or licensed as, a small public service vehicle in a public place (within the meaning of the Act of 1961) for the carriage of persons for reward unless the person holds a licence to drive a small public service vehicle.

(2) A person shall not drive or use a mechanically propelled vehicle capable of being licensed as a small public service vehicle in a public place (within the meaning of the Act of 1961) for the carriage of persons for reward unless there is a small public service vehicle licence in force in respect of the vehicle.

(3) Subsections (1) and (2) apply equally to a person who is renting or leasing a mechanically propelled vehicle capable of being licensed as, or licensed as a small public service vehicle, and who is using that vehicle in a public place for the carriage of persons for reward.

(4) The holder of a small public service vehicle licence shall not rent or lease his or her small public service vehicle to another person for the purpose of the carriage of persons for reward or otherwise agree to allow that other person to drive or use his or her small public service vehicle for that purpose unless he or she is satisfied that there continues to be a small public service vehicle licence in force in respect of the vehicle concerned for the duration of the term of the lease or agreement.

(5) A person who contravenes subsection (1), (2), (3) or (4) commits an offence.

(6) Where an authorised person has reasonable cause to suspect that an offence is being or has been committed under this Act or under regulations made under this Act or under section 82 of the Act of 1961, an authorised person, in the presence of a member of the Garda Síochána in uniform, may seize and detain any small public service vehicle or mechanically propelled vehicle purporting to be a small public service vehicle, or internal or external vehicle signage or identification for so long as is necessary.

(7) In this section—

“ small public service vehicle licence ” means a licence, in respect of a small public service vehicle, granted under regulations made under section 34 or section 82 of the Act of 1961;

“ use ” includes the stopping, parking of a mechanically propelled vehicle or the vehicle standing for hire at an appointed stand.”.

(3)

The deletion of “(including the preparation of a draft plan under section 18)”.

The insertion after subsection (9) of the following:

“(10) A person who contravenes a bye-law made under this section commits an offence.”.

Substitute the following paragraph for paragraph (a):

“(a) the vehicle is registered in the State (other than in the circumstances referred to in paragraph (c))—

(i) the registered owner of the vehicle, and

(ii) the person, whom the road undertaking concerned can reasonably ascertain, keeps or has possession or charge (including arising from a leasing arrangement) of the vehicle in the State,”.

The repeal of that section.

In paragraph (c), the insertion of “61(10)”, after “45(3),”.

(3)

The substitution for subsection (7) of the following:

“(7) Each scheme made under this section shall make provision for appeals.”.

In subsection (2), the insertion after paragraph (i) of the following:

“(j) designate the railway to which the order relates as a light railway or as a metro.”.

The deletion of subsection (4).

The insertion after paragraph (c) of the following:

“(d) the form of any vesting order as may be prescribed pursuant to section 82 (1) of the Housing Act 1966 , shall be the prescribed form of a vesting order to be used by the Agency or CIÉ,”.

(3)

The substitution in paragraph (e)(ii) of “subsection (3)(a)(vii)” for “subsection (3)(a)(vi)”.

The substitution of “42(11)” for “41(11)”.

The substitution in column 2, opposite the mention in column 1 of Section 47, of “substitution” for “insertion”.