Number 37 of 2013

TAXI REGULATION ACT 2013

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, commencement and collective citation

2. Definitions

3. Regulations and orders

4. Repeals

5. Expenses

PART 2

Small Public Service Vehicle Licensing

6. Licensing authority

7. Licensing regulations

8. Assessment of licence applicants and notification of health issues

9. Grant and renewal of licence

10. Suitable person to hold licence

11. Obligation on applicant for, or holder of, licence to drive SPSV to inform licensing authority of his or her being engaged in another occupation, etc.

12. Revocation - suspension of licence

13. Representations and appeals

14. Prohibition on transfer of licence

15. Death of licence holder

16. Revocation of licence on change of control of company

17. Obligation on holder of licence where licence is revoked or suspended or expires, or changes address

18. Register of licences

PART 3

Regulation of Small Public Service Vehicle Industry

19. Function of Authority to regulate taxi industry, etc.

20. Small public service vehicle regulations

21. Codes of practice

22. Prohibition on providing small public service vehicle services without licence

23. Obligations on public service vehicle drivers towards passengers

24. Maximum fares

25. Appointed stands (taxi ranks)

26. Restriction on use of “taxi”

27. Prohibition on promoting, offering or advertising unlicensed small public service vehicle services

28. Forgery and unlawful use of small public service vehicle and driver identification

29. Regulation of passengers in small public service vehicles

PART 4

Mandatory Disqualifications

30. Mandatory disqualification for holding small public service vehicle driver licences on certain convictions

31. Obligation to give licensing authority details of offences

32. Proof of foreign convictions

PART 5

Demerit Scheme

33. Definitions (Part 5)

34. Demerit offences

35. Endorsement of demerits

36. Period of endorsement of demerits

37. Notification to licence holder of endorsement of demerits

38. Disqualification by reason of demerits

39. Appropriate date

PART 6

Enforcement

40. Authorised persons

41. Prohibition on use of unroadworthy or defective vehicle, etc., as small public service vehicle - prohibition on use of unlicensed SPSV - seizure and detention

42. Search warrant

43. Prohibition on obstruction of authorised officer

44. CCTV at taxi ranks

45. Service of notices

46. Summary proceedings

47. Revocation of licence by court consequent upon conviction

48. Fixed payment offences

49. Payment of fixed amount on service of summons

50. Offence - body corporate

PART 7

Other Non-Taxi Services

Chapter 1

Community Transport Service

51. Definitions - Part 7

52. Approved community transport service

53. Exemption application process - community transport service

54. Records

55. New vehicle or volunteer drivers

Chapter 2

Other exemptions from licensing regulations

56. Regulations granting exemptions from requirements of licensing regulations

Chapter 3

Administrative

57. Representations and appeal process

58. Regulations - Part 7

59. Fees - Part

60. Powers of authorised persons - Part 7

61. Register of exemptions

PART 8

Administration

62. Service agreements

63. Provision of services

64. Complaints procedure

65. Fees

66. Service certification

67. Continuance of regulations

68. Certificates of insurance and requirement to have adequate insurance cover

69. Ministerial policy directives

70. Performance of functions of Garda Commissioner under this Act

71. Transport strategy

PART 9

Advisory Committee on Small Public Service Vehicles

72. Advisory Committee

73. Functions of Advisory Committee

PART 10

Amendment of Act of 2008

74. Public service contracts

75. Extension of Powers of Authority to whole State

PART 11

Amendment of Road Traffic Act 2010

76. Amendment of section 3 of Act of 2010

77. Amendment of Part 3 of Act of 2010

PART 12

Amendment of Section 2 of Metrology Act 1996

78. Amendment of definitions in section 2 of Metrology Act 1996

SCHEDULE

Specified Offences

PART 1

Life Disqualification

PART 2

Disqualification for Specified Period

Acts Referred to

Air Navigation and Transport Act 1973 (No. 29)

Air Navigation and Transport Act 1975 (No. 9)

Child Trafficking and Pornography Act 1998 (No. 22)

Children Act 2001 (No. 24)

Companies Acts

Courts (No. 3) Act 1986 (No. 33)

Criminal Damage Act 1991 (No. 31)

Criminal Justice (Public Order) Act 1994 (No. 2)

Criminal Justice (Safety of United Nations Workers) Act 2000 (No. 16)

Criminal Justice (Terrorist Offences) Act 2005 (No. 2)

Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50)

Criminal Justice (United Nations Convention Against Torture) Act 2000 (No. 11)

Criminal Justice Act 2006 (No. 26)

Criminal Law (Human Trafficking) Act 2008 (No. 8)

Criminal Law (Jurisdiction) Act 1976 (No. 14)

Criminal Law (Rape) (Amendment) Act 1990 (No. 32)

Criminal Law (Sexual Offences) Act 1993 (No. 20)

Criminal Law (Sexual Offences) Act 2006 (No. 15)

Criminal Law Amendment Act 1885 (48 & 49 Vict., c. 69)

Dublin Transport Authority Act 2008 (No. 15)

European Communities Act 1972 (No. 27)

Explosive Substances Act 1883 (46 & 47 Vict., c. 3)

Finance Act 2002 (No. 5)

Firearms Act 1925 (No. 17)

Firearms Act 1964 (No. 1)

Firearms and Offensive Weapons Act 1990 (No. 12)

Geneva Conventions Act 1962 (No. 11)

International Criminal Court Act 2006 (No. 30)

Local Government Act 2001 (No. 37)

Maritime Security Act 2004 (No. 29)

Metrology Act 1996 (No. 27)

Misuse of Drugs Act 1977 (No. 12)

Non-Fatal Offences Against the Person Act 1997 (No. 26)

Offences Against the State Act 1939 (No. 13)

Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c. 93)

Public Transport Regulation Act 2009 (No. 37)

Punishment of Incest Act 1908 (8 Edw. 7, c.45)

Road Traffic Act 1961 (No. 24)

Road Traffic Act 2002 (No. 12)

Road Traffic Act 2004 (No. 44)

Road Traffic Act 2006 (No. 23)

Road Traffic Act 2010 (No. 25)

Road Traffic (No. 2) Act 2011 (No. 28)

Road Traffic Acts 1961 to 2011

Road Transport Act 1932 (No. 2)

Road Transport Act 1933 (No. 8)

Road Transport Act 1986 (No. 16)

Roads Act 1993 (No. 14)

Roads Act 2007 (No. 34)

Sexual Offences (Jurisdiction) Act 1996 (No. 38)

Social Welfare Consolidation Act 2005 (No. 26)

Taxes Consolidation Act 1997 (No. 39)

Taxi Regulation Act 2003 (No. 25)

Number 37 of2013

TAXI REGULATION ACT 2013

An Act to provide for the revision of the regulation of the small public service vehicle industry and for those purposes to provide for mandatory disqualification for drivers of small public service vehicles convicted of certain offences and a demerit scheme relating to drivers of small public service vehicles, to repeal the Taxi Regulation Act 2003 and section 84 of the Road Traffic Act 1961 , to amend section 2 of the Metrology Act 1996 , the Dublin Transport Authority Act 2008 and the Road Traffic Act 2010 , and to provide for related matters. [23rd October, 2013]

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General

Short title, commencement and collective citation

1. (1) This Act may be cited as the Taxi Regulation Act 2013.

(2) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.

(3) The Road Traffic Acts 1961 to 2011 and Part 11 may be cited together as the Road Traffic Acts 1961 to 2013.

Definitions

2. In this Act—

“Act of 1961” means Road Traffic Act 1961 ;

“Act of 2003” means Taxi Regulation Act 2003 ;

“Act of 2008” means Dublin Transport Authority Act 2008 ;

“Act of 2009” means Public Transport Regulation Act 2009 ;

“Act of 2010” means Road Traffic Act 2010 ;

“Advisory Committee” means the committee known, in the English language, as the Advisory Committee on Small Public Service Vehicles or, in the Irish language, An Coiste Comhairleach um Beagfheithiclí Seirbhíse Poiblí;

“appointed stand” means a stand appointed by bye-laws made under section 25 (1);

“assessment regulations” means regulations made under section 8 (1);

“Authority” means National Transport Authority;

“authorised person” means—

(a) a person appointed by the Authority to be an authorised person under section 40 , or

(b) a member of the Garda Síochána;

“change in control”, in relation to a company, has the meaning assigned to it in section 16 (4);

“code of practice” means a code of practice established or adopted under section 21 ;

“company” means a company formed and registered under the Companies Acts;

“dispatch operator” means a person who provides for reward a booking service for an intending passenger to contact him or her to arrange for the hire and carriage of the intending passenger in a small public service vehicle operated or driven by another person (other than an employee of the first-mentioned person) but does not include a person employed by the first-mentioned person to take or manage the taking of bookings in the course of that service or a person marshalling in a public place (within the meaning of the Act of 1961) the services of small public service vehicles;

“Garda Commissioner” means Commissioner of the Garda Síochána;

“grant” in relation to a licence, includes the renewal or continuance in force of the licence;

“licence” means a licence provided for under licensing regulations and granted under section 9 ;

“licensing authority” means a licensing authority under section 6 ;

“licensing regulations” means regulations made under section 7 ;

“local authority” means a county council, a city council or a town council (within the meaning of the Local Government Act 2001 ) other than the council of a town mentioned in Part 2 of Schedule 6 to that Act;

“mechanically propelled vehicle” has the meaning assigned to it by section 3 of the Act of 1961;

“Minister” means Minister for Transport, Tourism and Sport;

“regulations” means regulations made under this Act;

“service agreement” has the meaning assigned to it by section 62 ;

“shadow director” means in relation to a company, a person who is not a director, manager or secretary of the company, but by reason of any shareholdings, understanding or arrangement is entitled to any profit or gain from the company or controls the activities of any small public service vehicles operated by the company;

“small public service vehicle” has the meaning assigned to it by section 3 of the Act of 1961;

“SPSV” means small public service vehicle;

“SPSV regulations” means regulations made under section 20 ;

“taxi” means a street service vehicle (within the meaning of section 3 of the Act of 1961);

“website”, in relation to the Authority, means a website maintained by the Authority on the internet.

Regulations and orders

3. (1) Every regulation made under this Act and order made under section 6 or 24 made under this Act, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House sits after the regulation or order is laid before it, the regulation or order is annulled, but without prejudice to the validity of anything previously done under it.

(2) Where the Authority proposes to make regulations under this Act, it shall—

(a) publish on its website a draft of the proposed regulations stating that representations may be made in writing to the Authority not later than 21 days (or such further period as the Authority allows) from the date of publication, and

(b) consider any representations made to it,

and may make the regulations with or without any modification.

(3) Where regulations are made under section 7 , 8 , 13 (13) or 20 or an order is made under section 24 , the Authority shall publish notice of their making and the regulations or order or a description of them and reference to their statutory instrument numbers on its website.

(4) The validity of any instruments made under this Act shall not be affected by any non-compliance with subsection (2) or (3).

Repeals

4. The following are repealed—

(a) section 84 of the Road Traffic Act 1961 ;

(b) section 15 of the Road Traffic Act 2002 ;

(c) the Taxi Regulation Act 2003 ;

(d) section 36 of the Road Traffic Act 2004 ;

(e) section 21 of the Road Traffic Act 2006 ;

(f) section 13 of the Roads Act 2007 ;

(g) Part 1 of Schedule 1, and Schedule 2, to the Public Transport Regulation Act 2009 .

Expenses

5. The expenses incurred by the Minister in the administration of this Act shall, to the extent sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

PART 2

Small Public Service Vehicle Licensing

Licensing authority

6. (1) Subject to subsection (2), the Authority is the licensing authority for the purposes of this Act.

(2) Notwithstanding subsection (1), the Garda Síochána shall be the licensing authority to grant licences to drive small public service vehicles until such time as an order is made under subsection (3).

(3) The Minister may make an order specifying a date from which the Garda Síochána shall cease to be the licensing authority to grant licences to drive small public service vehicles for the purposes of this Act.

(4) An order under subsection (3) may include transitional provisions, including provision as respects the person who shall determine any licensing applications made before the order takes effect and which have not been determined when the order takes effect.

Licensing regulations

7. (1) The Authority may make regulations (“licensing regulations”) in relation to the licensing of—

(a) small public service vehicles,

(b) drivers of small public service vehicles, and

(c) services involving small public service vehicles (including dispatch operators).

(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:

(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;

(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;

(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);

(d) the terms and conditions relating to the grant of a licence;

(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);

(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—

(i) the age, make and details of the vehicle,

(ii) the inspection and certification of its roadworthiness,

(iii) the insurance of the vehicle, and

(iv) its compliance with vehicle standards requirements under SPSV regulations;

(g) the fees to be charged in respect of applications for licences and other matters relating to licences;

(h) the format and content of a licence;

(i) the period of validity of a licence;

(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;

(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;

(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;

(m) in the case of a licence for a small public service vehicle, the requirements regarding—

(i) the ownership or possession of the vehicle,

(ii) the rental of the vehicle, and

(iii) any equipment associated with the vehicle;

(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;

(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;

(p) matters which are supplementary, ancillary or incidental to the foregoing.

(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.

(4) The Authority, in making regulations under this section, may set different requirements and conditions—

(a) in relation to the licensing of different categories or classes—

(i) of small public service vehicles,

(ii) of drivers of small public service vehicles, and

(iii) of licences referred to in subsection (2)(c),

(b) for different circumstances, and

(c) for different areas of the State.

(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.

(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.

(7) A person who contravenes subsection (6) commits an offence and is liable on summary conviction to a class A fine.

Assessment of licence applicants and notification of health issues

8. (1) The Authority may by regulations (“assessment regulations”) establish requirements and conditions for the purpose of the assessment of applicants for the grant of licences, including requirements and conditions in respect of—

(a) an assessment to be carried out by the Garda Commissioner, or by another person on behalf of the Authority, of the suitability of a person to hold a licence,

(b) the knowledge of the geography, routes, place names and other matters relevant to the provision of service by a small public service vehicle in an area in respect of which a person makes application for the grant of a licence,

(c) the knowledge of and ability to meet the needs of people with disabilities including mobility and sensory difficulties to a standard determined by the Authority in consultation with the National Disability Authority,

(d) knowledge of, and ability to meet, the small public service vehicle transport needs of consumers, and

(e) knowledge of the regulations, standards and requirements relating to the licensing, driving and operation of small public service vehicles, and the general law relating to road traffic.

(2) The Authority may, for the purpose of assessing applications for the grant of a licence, authorise or approve persons to determine whether a person who wishes to apply for the grant of a licence complies with or has reached an acceptable level of competence in respect of each or any of the standards established under subsection (1).

(3) The standards set in any regulations made under section 34 of the Act of 2003 in respect of the matters referred to in subsection (1) which are in force, immediately before the commencement of this section, continue in force and may be amended or revoked under this section.

(4) The Authority may, at any time during the validity of a licence, request the Garda Commissioner to carry out an assessment of the suitability of a person to hold the licence.

(5) For the purposes of the licensing authority assessing the physical or mental capacity of a person to hold a licence to drive a small public service vehicle, the applicant for or the holder of such a licence shall disclose to the licensing authority any illness or physical incapacity he or she may have that could affect the person’s ability to safely drive a small public service vehicle.

(6) The licensing authority may, for the purposes of subsection (5), require further information (including medical assessment) from the applicant for, or the holder of, a licence, as the case may be.

(7) The Authority, after consultation with the Road Safety Authority, may issue guidelines for the purpose of ensuring compliance with subsection (5).

(8) A person who, without reasonable excuse, fails to comply with subsection (5) commits an offence and is liable on summary conviction to a class A fine.

Grant and renewal of licence

9. (1) The licensing authority may, upon application to it and in accordance with this section and the regulations, grant to the applicant a licence.

(2) An application for the grant of a licence shall be in such form and accompanied by the appropriate fee and such information and documentation as the licensing authority determines.

(3) The licensing authority shall refuse an application for the grant of a licence where the application is not accompanied by the appropriate fee.

(4) The licensing authority may refuse an application for the grant of a licence where the applicant fails to provide to the licensing authority information or documentation required by this Act or regulations made thereunder.

(5) The licensing authority shall not grant a licence where certification required by assessment regulations is not produced with the application for the grant of a licence.

(6) A person who in an application for the grant of a licence gives information or documentation knowing it to be false or misleading commits an offence and is liable on summary conviction to a class C fine.

(7) Every licence, unless it has been revoked or suspended in accordance with this Act, section 34 of the Act of 2003 or section 82 of the Act of 1961, may be renewed by the licensing authority under this section.

(8) A licence to drive a small public service vehicle may only be granted to an individual.

(9) A licence (other than a licence referred to in subsection (8)) may be granted to an individual or, in accordance with subsection (10), a company.

(10) Where the applicant for a licence is a company, the applicant shall—

(a) with the application, supply the name and address 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 and any person purporting to act in that capacity, and

(b) following the application, if before the application has been determined there is a change in the control of the company, notify the licensing authority of the change.

(11) The licensing authority in considering an application for the grant or renewal of a licence shall have regard to the criteria set out in section 10 .

(12) The licensing authority may, when granting a licence, attach such terms and conditions to the licence as it sees fit.

(13) A licence shall not be granted to an applicant by the licensing authority unless the applicant produces to the licensing authority a tax clearance certificate for the time being in force in respect of the applicant.

(14) The holder of a licence shall, not later than one month or such further period as the Authority may allow, after each anniversary of the grant of the licence give the Authority a tax clearance certificate for the time being in force in respect of the holder.

(15) It is a term of a licence that the holder of the licence complies with the regulations under this Act applicable to the licence.

(16) Where an application for the renewal of a licence is made within the period provided by licensing regulations and the application is not determined before the expiry of the licence, the licence continues in force until the application has been so determined.

(17) Subsection (16) does not apply to an application referred to in that subsection where the application is not accompanied by information or documentation required by this Act or regulations made thereunder.

(18) A licence granted under regulations under section 34 of the Act of 2003 or section 82 of the Act of 1961 which is in force immediately before the commencement of this section continues in force until it expires in accordance with its terms and is subject to this Act.

(19) In this section—

“appropriate fee” means the fee provided under licensing regulations to be charged in respect of an application for a licence;

“tax clearance certificate” means a tax clearance certificate issued under section 1095 (inserted by section 127 of the Finance Act 2002 ) of the Taxes Consolidation Act 1997 .

Suitable person to hold licence

10. (1) A licensing authority shall not grant a licence under section 9 to a person unless it is satisfied that he or she is a suitable person to hold a licence.

(2) In assessing whether a person is a suitable person to hold a licence, the licensing authority may, amongst any other matters, have regard to the following:

(a) whether the applicant is of good character;

(b) any concerns raised by the Authority or the Garda Commissioner or other member of the Garda Síochána regarding the applicant’s suitability to hold a licence;

(c) any convictions for offences (including offences under the enactments mentioned in the Schedule) committed by the applicant, and the extent to which those convictions are of relevance to the activities of the person in respect of providing small public vehicle services or driving a small public service vehicle, as the case may be;

(d) in respect of an application for a licence to drive a small public service vehicle, the health of the applicant and his or her ability to provide small public vehicle services or drive a small public service vehicle;

(e) where the applicant is a company, the suitability or conduct 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 regarding the operation of the licence;

(f) where an applicant has previously held a licence, his or her compliance with any obligations applicable to him or her as a licence holder under this Act or regulations under section 34 of the Act of 2003 or section 82 of the Act of 1961.

Obligation on applicant for, or holder of, licence to drive SPSV to inform licensing authority of his or her being engaged in another occupation, etc.

11. (1) Where a person who makes an application for a licence to drive a small public service vehicle is engaged in another occupation, the person when making the application shall—

(a) inform the licensing authority of this fact and the nature of the occupation and, if employed by another, the name and principal business address of the employer, and

(b) where the other occupation involves driving a vehicle, show to the satisfaction of the licensing authority, that he or she has informed in writing any employer of his or hers connected with that occupation, of his or her intention to make an application for the licence.

(2) Where the holder of a licence to drive a small public service vehicle becomes engaged in another occupation, the person shall—

(a) inform in writing the licensing authority of this fact and the nature of the employment and, if employed by another, the name and principal business address of the employer, and

(b) where the other occupation involves driving a vehicle, show to the satisfaction of the licensing authority, that he or she has informed in writing any employer of his or hers connected with that other occupation, that he or she is the holder of a licence to drive a small public service vehicle and carries on the business of driving a small public service vehicle for hire or reward.

(3) Subsection (1)(b) or (2)(b) does not apply to a vehicle used solely in connection with agricultural activities on a farm.

(4) A person who fails to inform the licensing authority of the information required under this section or gives such information to the licensing authority knowing it to be false or misleading commits an offence and is liable on summary conviction to a class A fine.

Revocation - suspension of licence

12. (1) The licensing authority may, at any time, revoke a licence if it is satisfied that the holder of the licence is no longer a suitable person to hold a licence.

(2) In determining whether to revoke a licence the licensing authority shall have regard to—

(a) whether the holder of the licence has contravened any obligations applicable to him or her as licence holder (whether or not the licence holder has been convicted of an offence in relation to the contravention), including the provisions of this Act, any regulations made thereunder, the terms or conditions of the licence or any code of practice in force at the relevant time,

(b) the nature, extent, seriousness and duration of any such contraventions,

(c) the repeated occurrence of any such contraventions,

(d) whether the holder of the licence has—

(i) failed or refused to provide information required by this Act, regulations under this Act, the terms or conditions of the licence, or

(ii) supplied information that was false or misleading in a material particular and which he or she should reasonably have known to be such,

(e) whether the holder of the licence has been convicted of any offences,

(f) the need to ensure the safety and welfare of passengers in small public service vehicles and other road users,

(g) any conduct by the licence holder, and where the holder is a company the conduct of any person referred to in section 10 (2)(e), which calls into question the holder’s suitability to hold the licence,

(h) any representations received from the licence holder, and

(i) any other matter considered by the licensing authority to be relevant to the licence holder’s suitability to hold a licence.

(3) Where the licensing authority in determining whether to revoke a licence under this section is satisfied that the holder of the licence—

(a) has contravened the obligations applicable to him or her as licence holder (whether or not the holder has been convicted of an offence in relation to the contravention), including the provisions of this Act, any regulations made thereunder or the terms or conditions of the licence, or

(b) has—

(i) failed or refused to provide information required by this Act, regulations under this Act or the terms or conditions of the licence, or

(ii) supplied information that was false or misleading in a material particular and which he or she should reasonably have known to be such,

but decides not to revoke the licence, it may, if it is satisfied it is appropriate to do so—

(I) suspend the licence for a period not exceeding 3 months, or

(II) issue by notice to the holder of the licence a reprimand, warning, caution or advice.

(4) Where a licence is suspended under subsection (3) it ceases to have effect during the period of suspension. Any period of suspension shall not be construed as to extend the period of operation of the licence.

Representations and appeals

13. (1) Whenever the licensing authority proposes to refuse to grant a licence or to revoke or suspend a licence, it shall notify in writing the applicant or the holder, as the case may be, of the proposal and the reasons for the refusal, revocation or suspension and shall, if any representations are made by or on behalf of the applicant or holder, as the case may be, not later than 14 days or such further period as the licensing authority allows from the date of the service of the notification, consider the representations.

(2) Whenever the licensing authority, having considered the representations (if any) that may have been made to it under subsection (1) by or on behalf of the applicant or holder, decides, as the case may be, to refuse to grant the licence or to revoke or suspend the licence, the licensing authority shall notify in writing the applicant or holder of its decision and of the appeal procedure under subsection (3) and that the decision does not take effect until the expiration of the period referred to in subsection (3) in the event of an appeal not being made within that period.

(3) Where a person has been notified under subsection (2) of the decision of the licensing authority, to refuse to grant the licence or to revoke or suspend the licence, as the case may be, he or she may, not later than 28 days from the date of the service of the notification, appeal to the District Court against the refusal, revocation or the suspension, as the case may be.

(4) Where an appeal is not made within the period referred to in subsection (3), the decision takes effect upon the expiration of that period and, in the case of a licence holder, the licence stands revoked or suspended, as the case may be.

(5) Where the decision under subsection (2) is to revoke or suspend a licence and the holder of the licence has made an appeal under subsection (3) against the decision, the decision stands suspended until the appeal has been determined or withdrawn.

(6) An appeal under subsection (3) or (8) shall be to the judge of the District Court within whose jurisdiction the applicant or the holder ordinarily resides or carries on or proposes to carry on the business of providing small public service vehicle services.

(7) On the hearing of an appeal under subsection (3) in relation to the decision of the licensing authority under subsection (2), the District Court may either confirm the decision or allow the appeal. If the appeal is allowed in relation to a decision to refuse to grant a licence the licensing authority shall grant the licence.

(8) A person aggrieved by the decision of the licensing authority issuing a reprimand, warning, caution or advice under section 12 (3)(b)(II) may, not later than 28 days from the date of the service of the notification of the decision, appeal to the District Court against the decision.

(9) On the hearing of an appeal under subsection (8) the District Court may confirm the decision, with or without variation, or allow the appeal.

(10) The decision of the District Court on an appeal under subsection (3) or (8) is final, except by leave of the Court an appeal on a specified point of law lies to the High Court.

(11) Where a person makes an appeal under this section he or she shall at the same time notify in writing the licensing authority of the appeal.

(12) On the commencement of this section any appeals procedure established under any regulations made under section 82 of the Act of 1961 in relation to the refusal of an application for a licence or revoking or suspending a licence is replaced by this section.

(13) The Authority may by regulations make such further provisions in relation to procedures to be followed with regard to making representations under subsections (1) and (2) as it considers necessary or expedient. Any such regulations may provide for the holding of oral hearings where the Authority is satisfied it is appropriate to do so.

(14) This section does not apply to a revocation under section 47 .

Prohibition on transfer of licence

14. (1) A licence, whether granted before or after the commencement of this section may not be transferred or assigned or be mortgaged or otherwise encumbered.

(2) The prohibition on the transfer of a licence under this section does not affect a licence lawfully transferred before the commencement of this section.

Death of licence holder

15. (1) The applicant for a licence, with the application, or the holder of a licence, during its operation, may nominate in writing to the Authority a person as his or her representative who may apply to the Authority to continue to operate the licence in the event of his or her death.

(2) In the event of the death of the holder of a licence, his or her nominated representative may, within 3 months of the death of the holder, make an application to the Authority to continue to operate the licence until its expiry.

(3) The provisions of this Act apply to an application made under this section and if the application is granted the nominated representative becomes the holder of the licence until its expiry and may apply to the Authority for its renewal upon its expiry.

(4) In this section—

“licence” means a licence other than a licence to drive a small public service vehicle;

“nominated representative” means the person nominated by the applicant for, or the holder of, a licence, for the purposes of continuing to operate the licence in the event of death of the licence holder.

Revocation of licence on change of control of company

16. (1) Subject to subsection (2), where a company holds a licence, in the event of a change in control of the company—

(a) the licence stands revoked from the date of the change in control, and

(b) the company shall notify in writing the Authority of the change in control and return the licence to the Authority with the notification, not later than 14 days from the date of change in control of the company.

(2) Where there is a change in control of a company which holds a licence arising from the death of a member of the company subsection (1) does not apply.

(3) A company who fails to comply with subsection (1)(b) commits an offence and is liable on summary conviction to a class A fine.

(4) In this section “change in control”, in relation to a company, means—

(a) a change in the person who controls the company (within the meaning of section 432 (2) of the Taxes Consolidation Act 1997 ), or

(b) the acquisition or disposal in one transaction or a series of transactions of shares in the company amounting in value to half, or more, of those issued by the company.

Obligation on holder of licence where licence is revoked or suspended or expires, or changes address

17. (1) Whenever a licence—

(a) is revoked or suspended, other than a revocation under section 47 , or

(b) expires and an application for the renewal of the licence is not made, or an application for the renewal of the licence is refused,

the holder of the licence shall—

(i) not later than 21 days or such further period as the Authority allows, upon receipt of notification from the licensing authority of the revocation or suspension of the licence, or of the expiry of the licence, as the case may be, deliver to the licensing authority—

(I) the licence and any badge or disc, and

(II) where the licence is a small public service vehicle licence, written confirmation that any sign or disc affixed to the vehicle in accordance with SPSV regulations has been removed from the vehicle,

and

(ii) where the licence is a small public service vehicle licence in respect of a taxi, cease to display taxi signage on the vehicle immediately upon receipt of the notification from the licensing authority of the revocation or suspension of the licence or the expiry of the licence, as the case may be.

(2) A person who fails to comply with subsection (1) commits an offence and is liable on summary conviction to a class C fine.

(3) Where the holder of a licence—

(a) being an individual, changes the address of his or her primary place of residence, or

(b) being a company, changes the address of its registered office,

the holder shall give the licensing authority not later than 21 days, or such further period as the Authority allows, of the change, the new address of the residence or registered office as the case may be.

(4) The holder of a licence who fails to comply with subsection (3) commits an offence and is liable on summary conviction to a class D fine.

(5) On the termination of the suspension of a licence the licensing authority shall return the licence and any badge or disc to the holder.

(6) In this section reference to a sign, disc or badge is to be read as a reference to such issued under or in conformity with SPSV regulations.

Register of licences

18. (1) The register of licences established and maintained under section 38 of the Act of 2003 continues in being.

(2) The register may be maintained in a form that is not legible if it is capable of being converted into permanent legible form.

(3) The register shall contain the following details in relation to each licence and its holder:

(a) the name and address of the holder;

(b) any change of address of the holder;

(c) if the holder is an individual, the personal public service number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005 ) of the holder;

(d) the licence number;

(e) where the licence is granted in respect of a vehicle, the unique identification mark (registration number) of the vehicle;

(f) where a licence is granted to a person to drive a small public service vehicle, the number of the driving licence (within the meaning of the Act of 1961) granted to the holder;

(g) the category of small public service vehicle in respect of which a licence has been granted;

(h) the date of the grant of a licence;

(i) the county or area of application in respect of which the licence has been granted;

(j) in the case of dispatch operators, other booking services for small public service vehicles, wheelchair accessible taxi licences and such other categories that the Authority specifies in regulations, details of the holders’ licensed area of, and hours of, operation and of where he or she may be contacted;

(k) details of any transfer of ownership of a licence or of the continuance in force of a licence in respect of a different vehicle;

(l) details of any suspension of a licence, including the duration or period of suspension, a reference to the reasons for the suspension and particulars of all removals of such suspensions;

(m) details of any revocation of the licence;

(n) details of any action taken under section 12 and the reasons for it;

(o) endorsement of demerits under section 35 in the entry of the licence holder concerned.

(4) The Authority shall, on payment of a fee (other than where a request is made by the Garda Commissioner or by the Courts Service) as determined by the Authority, issue a certificate relating to information contained in a reference in the register of licences relating to a licence granted under section 9 or under regulations made under section 34 of the Act of 2003 or section 82 of the Act of 1961, including the name and address of the person who holds the licence or the vehicle in respect of which the licence was granted.

(5) The establishment and maintenance of a register of licences shall be funded from income from fees accruing to the Authority under this Act.

(6) Information contained in the register shall, subject to a determination by the Authority in consultation with the Garda Commissioner that certain information relating to a person referred to in the register should remain confidential, be available for inspection at all reasonable times, upon payment of such fee, if any, as the Authority decides.

(7) In this section “register” means register of licences.

PART 3

Regulation of Small Public Service Vehicle Industry

Function of Authority to regulate taxi industry, etc.

19. (1) It is a function of the Authority to develop, operate and maintain a regulatory framework for the licensing and regulation of the standards to be applied to—

(a) small public service vehicles and their drivers, and

(b) the provision of services involving small public service vehicles.

(2) In exercising its functions under subsection (1) the Authority shall seek to achieve the following objectives:

(a) to promote the provision and maintenance of quality services by small public service vehicles and their drivers;

(b) to pursue the continued development of a qualitative and customer orientated licensing system, regulatory code and standards for small public service vehicles, small public service vehicle licence holders and small public service vehicle drivers;

(c) to oversee the development of a professional, safe, efficient and customer- friendly service by small public service vehicles and their drivers;

(d) to encourage and promote competition in relation to services (including fares) offered by small public service vehicles;

(e) in seeking to achieve the provision of quality services by small public service vehicles and their drivers, to have due regard to the protection of service users and providers alike;

(f) to promote measures to facilitate increased integration of taxi services in the public transport system;

(g) to promote the development of high quality cost effective services by small public service vehicles and their drivers which meet a wide range of customer needs including those of passengers with mobility or sensory impairments;

(h) to promote access to and the availability and affordability of small public service vehicles by persons with disabilities;

(i) to encourage investment to support and enhance the services offered by small public service vehicles and to promote innovation in this regard.

(3) Subject to any policy direction under section 26 of the Act of 2008, the Authority shall be independent in the exercise of its functions under this Act.

(4) The exercise of the functions of the Authority under this Act other than a power to make regulations may be carried out by or through a member, or member of the staff, of the Authority authorised by the Authority on that behalf or under a service agreement.

Small public service vehicle regulations

20. (1) The Authority may make regulations, to be known in this Act as small public service vehicle regulations (“SPSV regulations”) in relation to the following:

(a) the regulation of the operation of a small public service vehicle, including the operation of such a vehicle by its driver, to provide for any or all of the following:

(i) the maximum number of passengers permitted to be carried in the vehicle;

(ii) the identification, including the internal or external signage, markings or colour of the vehicle;

(iii) the regulation of the display and use of identification, signs, symbols, lights, information or messages on or in the vehicle or the licence plate of the vehicle;

(iv) restricting or prohibiting the use of the vehicle as a small public service vehicle if it is not in a satisfactory condition having regard to standards regarding its condition;

(v) the regulation of the hiring of the vehicle (including the commencement of the hiring and the issue of receipts for fares and the recording of fares);

(vi) the requirement to fit specified equipment in the vehicle, including taximeters and machines to issue receipts, to facilitate a hire;

(vii) the operation of any equipment required to be fitted in the vehicle for the purpose of facilitating a hire, including the use of taximeters, machines for issuing receipts and other apparatus;

(viii) the information that is required to be displayed, and the manner of such display, including—

(I) where appropriate, the approved maximum fare structure applying to the vehicle,

(II) information necessary for the assistance of a passenger, including requirements established for the conduct of drivers of small public service vehicles;

(ix) the requirements relating to the fitting or non-fitting of equipment in the vehicle and the operation of such equipment;

(x) the identification of drivers, including badges or any other means that may be specified, and the display of such on the driver of, or in the vehicle, or both, of information relating to the licence to drive a small public service vehicle, in respect of the category being driven, held by the driver;

(xi) the areas or locations where the drivers of small public service vehicles may carry on activities of operating small public service vehicles;

(xii) the regulation of the period of time that a driver may drive the vehicle and requirements for intervals of rest between commencing driving the vehicle and having finished driving another vehicle in the course of other employment;

(xiii) restricting or prohibiting driving the vehicle for hire or reward in specified circumstances;

(xiv) restricting or prohibiting the vehicle being used to display inappropriate advertising, slogans or images;

(xv) the restriction or the prohibition of the carriage of dangerous goods or articles in the vehicle;

(xvi) the regulation of the carriage of animals or goods in the vehicle;

(xvii) the keeping of records in relation to the operation of the vehicle as a small public service vehicle;

(b) the vehicle standards to be complied with regarding the roadworthiness and suitability of a small public service vehicle, including standards relating to the following:

(i) the regulation of the size of the vehicle, including the passenger-carrying and luggage-carrying capacity of the vehicle;

(ii) the type and age of a vehicle which may be used as a small public service vehicle;

(iii) the standards relating to any equipment carried in the vehicle, including requirements in relation to evidence of verification of taximeters or taximeter systems in accordance with regulations made under the Metrology Act 1996 ;

(iv) the seating and accommodation capacity of the vehicle;

(v) the luggage capacity of the vehicle;

(vi) access to and from the vehicle;

(vii) tyre, wheel, seatbelt and window standards;

(viii) restriction or prohibition of specified fittings on the vehicle (such as tinted windows and bull-bars);

(ix) the general condition of the vehicle (including standards regarding its appearance and cleanliness);

(c) the regulation of the standards to be complied with in relation to the entry to and accommodation in a small public service vehicle for people with a disability, including wheelchair users or persons with mobility or sensory difficulties;

(d) the notification to the Authority by the holder of a licence to drive a small public service vehicle of the identity as required in the regulations of any small public service vehicle to be driven by him or her;

(e) the regulation of—

(i) the operation of booking services for small public service vehicles and fees for such, and

(ii) the standards to apply to the service provided by dispatch operators and other operators of booking services for small public service vehicles;

(f) the regulation of the standards to be complied with by persons who control the operation of small public service vehicles;

(g) the regulation of the rental or leasing of a small public service vehicle or equipment associated with it;

(h) the regulation of the standards to be complied with in relation to any permitted advertising in or on a small public service vehicle by the licence holder of the vehicle;

(i) the regulation of the standards of conduct, general behaviour, deportment and dress for drivers of small public service vehicles;

(j) the regulation of the duties of a driver of a small public service vehicle, to provide for all or any of the following:

(i) the treatment of and conduct towards passengers or intending passengers;

(ii) subject to the requirements of section 23 , the acceptance of a hire;

(iii) subject to the requirements of section 23 , the determination of and adherence to the shortest route available between the commencement and completion of a hire;

(iv) compliance with the stated requirements of the person who has hired the vehicle, where such requirements are reasonable;

(v) the recording of fares prior to the commencement of a hire;

(vi) the requirement to offer receipts in respect of a fare;

(vii) the facilitation of the needs of any person with mobility, sensory or other difficulties in the provision and reception of a hire.

(2) The Authority, in making regulations under this section, may set different requirements and conditions—

(a) in relation to the operation of different categories of—

(i) small public service vehicles and their drivers, and

(ii) dispatch operators and other persons operating booking services for small public service vehicles,

(b) for different circumstances, and

(c) for different areas or counties in the State.

(3) Regulations under this section may declare that a specified contravention of regulations in respect of any of the matters mentioned in subsection (1) is a substantial breach of the regulations, having regard to the nature of the contravention.

(4) A person who fails to comply with or contravenes a regulation under this section, which is stated in the regulations to be a penal provision, commits an offence and is liable on summary conviction—

(a) where the contravention is declared under subsection (3) to be a substantial breach, to a class A fine, or

(b) in the case of any other contravention, to a class C fine.

Codes of practice

21. (1) The Authority may—

(a) establish a code of practice, or

(b) adopt in whole or in part a code of practice published by another person whether within the State or otherwise,

for the purpose of—

(i) providing practical guidance to holders of licences, and

(ii) establishing standards in relation to the general behaviour, duties and conduct of drivers of, and persons providing services in respect of, small public service vehicles and their passengers and intending passengers.

(2) A code of practice is in addition to and not in substitution for any SPSV regulations in relation to the matters to which the code applies.

(3) A code of practice shall be published by the Authority—

(a) on the website of the Authority in such a form or manner as the Authority thinks appropriate, and

(b) in printed form available on request on payment of such reasonable fee (if any) as the Authority decides,

and the code published shall specify the date from which it or any amendment to it has effect.

(4) It is the duty of a person to comply with a code of practice applying to him or her in so far as is reasonably practicable.

(5) Before establishing or adopting a code of practice, the Authority—

(a) shall publish on the website of the Authority a draft of the proposed code and allow persons a specified period, being not less than 21 days from the date of publication, to make written representations to the Authority in relation to the draft code or draft amendment, and

(b) may, having considered any representations received, establish or adopt the draft code, with or without modification.

(6) Subsection (7) applies in proceedings for an offence under this Act where there was a relevant code of practice in effect at the time of the commission of the alleged offence.

(7) Where it is shown in any proceedings that an act or omission of the accused constituted an element of an offence and such act or omission was—

(a) a failure to observe a relevant code of practice referred to in subsection (6), or

(b) in compliance with that code of practice,

the failure or compliance is admissible in evidence.

(8) A copy of a code of practice which has endorsed on it a certificate purporting to be signed by an officer of the Authority, authorised by the Authority in that behalf, stating that the copy is a true copy of the code of practice may, without proof of the signature of the person signing the certificate or that he or she is authorised to sign the certificate, be produced in every court and in all proceedings under this Act and is evidence, unless the contrary is shown, of the code of practice.

(9) In this section “code of practice” means a code of practice established or adopted under subsection (1).

Prohibition on providing small public service vehicle services without licence

22. (1) This section does not apply to—

(a) a person driving or using a bus (within the meaning of section 2 of the Act of 2009)—

(i) in the operation of a public bus passenger service (within the meaning of section 2 of the Act of 2009), or

(ii) which has been hired, other than in a public place, for the carriage for reward of passengers,

and

(b) in relation to subsection (2), a person driving or using a mechanically propelled vehicle in accordance with section 53 or 56 .

(2) A person shall not drive or use a mechanically propelled vehicle to which this section applies in a public place for the carriage of persons for hire or reward unless—

(a) the vehicle is—

(i) a small public service vehicle licensed under licensing regulations, and

(ii) licensed to be operated or driven in that place,

and

(b) the person holds a licence to drive a small public service vehicle of the category that he or she is driving or using.

(3) A person shall not ply or stand for hire with a mechanically propelled vehicle to which this section applies which he or she is driving or in charge of in a public place unless—

(a) the vehicle is a taxi in respect of which there is a licence in force for those purposes, and

(b) the person holds a licence to drive a taxi and to ply or stand for hire with the taxi in a public place.

(4) A person who contravenes subsection (2) or (3) commits an offence and, if that person is not the owner of the vehicle, such owner commits an offence, and is liable on summary conviction to a class A fine.

(5) Where a person is required under licensing regulations to hold a licence to act as a dispatch operator or provide booking services, a person shall not act as a dispatch operator or provide booking services, as the case may be, unless the person holds a licence in that regard.

(6) A person who contravenes subsection (5) commits an offence and is liable—

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding €50,000.

(7) In this section—

“licence to drive a small public service vehicle” means a licence to drive a small public service vehicle granted under section 9 or regulations under section 34 of the Act of 2003 or section 82 of the Act of 1961;

“owner”, in relation to a vehicle, means the registered owner (within the meaning of section 56 (inserted by section 2 of the Roads Act 2007 ) of the Roads Act 1993 ) of the vehicle;

“public place” has the meaning assigned to it in the Act of 1961;

“small public service vehicle licence” means a licence, in respect of a small public service vehicle, granted under section 9 or regulations under section 34 of the Act of 2003 or section 82 of the Act of 1961;

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

Obligations on public service vehicle drivers towards passengers

23. (1) The driver of a small public service vehicle in respect of which a fare has been agreed in advance of the commencement of the hire, who charges or seeks to charge a fare that is greater than the agreed fare commits an offence and is liable on summary conviction to a class C fine.

(2) The driver of a taxi who is plying or engaged for hire or standing for hire at an appointed stand, whether or not the taxi is standing for hire at the head of the stand, shall not refuse to carry a person as a passenger in the taxi, save where—

(a) to do so would exceed the number of persons permitted to be carried in the taxi under the licence in respect of that vehicle,

(b) the person’s proposed journey is more than 30 kilometres in distance (or such other distance as stands specified in regulations made by the Authority) from the commencement of the journey,

(c) there are adverse weather or road conditions or traffic controls affecting the journey or route such as to render the journey unsafe or impractical,

(d) luggage or other articles in the person’s possession to be carried in the vehicle are in excess of the luggage carrying capacity of, or could cause damage to, the taxi, or

(e) the passenger or intending passenger—

(i) appears or acts in an aggressive, intoxicated, drunk or disorderly manner, or the driver has reason to believe, will act as such, or

(ii) is dishevelled to such a degree that in the driver’s opinion carriage of such person would affect the sanitation or cleanliness of the taxi.

(3) The driver of a taxi when hired for a journey, shall not complete the journey, unless otherwise requested by the passenger, other than by taking—

(a) the shortest route, where practicable, or

(b) with the consent of the passenger, the most convenient route.

(4) The driver of a taxi who fails to comply, without reasonable cause, with subsection (2) or (3) commits an offence and is liable on summary conviction to a class C fine.

Maximum fares

24. (1) The Authority may make an order (in this section referred to as a “maximum fares order”) fixing the maximum fares that may be charged by the driver of a taxi.

(2) Different maximum fares may be fixed under this section—

(a) in respect of hires engaged on a single hire basis and on a shared hire basis,

(b) for different circumstances or times.

(3) Before fixing maximum fares under this section the Authority shall—

(a) consult with—

(i) the Advisory Committee, and

(ii) the Legal Metrology Service,

(b) publish a notice on its website and in one or more national newspapers—

(i) indicating that it is proposed to exercise the function, and

(ii) stating that representations in relation to the proposal may be made in writing to the Authority before a specified date (which shall be not less than one month after the publication of the notice),

and

(c) consider any observations made by the Advisory Committee, the Legal Metrology Service and any representations made pursuant to paragraph (b).

(4) Where maximum fares are fixed under this section by the Authority, details of the fares fixed shall be published by the Authority on its website and in one or more national newspapers.

(5) An officer of the Authority may issue a certificate that on a specified day specified fares were the maximum fares fixed.

(6) A certificate purporting to be issued under subsection (5) that on a specified day a specified fare was the maximum fare fixed for a taxi shall, without proof of the signature of the person purporting to sign it or that he or she was the proper person to issue it, be evidence until the contrary is shown of the matters certified in the certificate.

(7) The driver of a taxi who charges or attempts to charge a fare for a hire that is greater than the maximum fare that may be calculated in accordance with a maximum fares order commits an offence and is liable on summary conviction to a class B fine.

(8) A person, or where prior arrangements in relation to payment have been made with another party, that party, who has hired a small public service vehicle shall pay the fare agreed in advance for the hire or, where the maximum fare for the hire is subject to a maximum fares order, the fare determined in accordance with that order.

(9) A person who hires a small public service vehicle and who, without reasonable excuse, does not comply with subsection (8) commits an offence and is liable on summary conviction to a class D fine.

(10) The validity of any maximum fares order shall not be affected by non-compliance with subsection (3) or (4).

(11) In this section—

“shared hire” means a hire which is engaged jointly by more than one person at the same time, not necessarily terminating at the same location, from an appointed stand which has been designated for shared hire purposes by a local authority;

“single hire” means a hire which is engaged by one person on that person’s sole behalf or on behalf of that person and additional persons.

Appointed stands (taxi ranks)

25. (1) A local authority may make bye-laws in respect of any specified area in its functional area for all or any of the following purposes:

(a) appointing the places (“appointed stands”) at which taxis may stand for hire;

(b) fixing the maximum number of taxis which may stand for hire at the same time at any particular appointed stand;

(c) specifying appointed stands at which taxis may stand for hire at particular times only and specifying those times;

(d) determining the manner in which taxis shall make use of and stand for hire at any particular appointed stand;

(e) prohibiting taxis from standing for hire at places in the area that are not appointed stands;

(f) otherwise regulating and controlling the use of appointed stands.

(2) Different bye-laws may be made under this section—

(a) in respect of different areas within the functional area of the local authority concerned, and

(b) in respect of other different circumstances.

(3) The driver of a taxi shall not stand for hire with the taxi other than at an appointed stand in an area in which it is licensed under section 9 to so stand.

(4) The driver of a taxi shall not stand or attempt to stand for hire with the taxi—

(a) while the maximum permitted number of taxis which may stand for hire at the appointed stand under bye-laws made under subsection (1) are standing for hire at the stand, or

(b) in contravention of any other bye-law made under subsection (1).

(5) The driver of a taxi, where an appointed stand is full, shall not stand with the taxi on part of the public road adjoining or in the proximity of the stand.

(6) The driver of a taxi shall not stand with the vehicle or park it at an appointed stand unless the vehicle is available for hire.

(7) The driver, or person in charge of, a vehicle which is not a taxi shall not stand with the vehicle, or park it, at an appointed stand.

(8) Where, in the opinion of a member of the Garda Síochána, the driver or person in charge, of a vehicle is contravening subsection (6) or (7), the member may require the person to move the vehicle from the appointed stand concerned.

(9) A person who contravenes subsection (3), (4), (5), (6) or (7) commits an offence and is liable on summary conviction to a class D fine.

(10) A person who fails to comply with a requirement of a member of the Garda Síochána under subsection (8) commits an offence and is liable on summary conviction to a class C fine.

(11) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion is failing to comply with a requirement under subsection (8).

(12) Where a local authority proposes to make bye-laws under this section, it shall—

(a) consult with the Authority and the Garda Commissioner, and

(b) publish a notice in Iris Oifigiúil on its website and in one or more newspapers circulating in the area to which the proposed bye-laws will relate stating—

(i) that the authority proposes to make bye-laws under this section in relation to the area and that a draft of the proposed bye-laws is available for inspection on its website, and

(ii) that representations may be made to the authority by any person affected before a specified date.

(13) Where a notice is published pursuant to subsection (12), a person may make representations in relation to the proposed bye-laws to the local authority concerned before the date specified in the notice, and the authority shall, before deciding to make the bye-laws and determining their contents, have regard to any such representations.

(14) Where a local authority proposes to make bye-laws under this section in relation to a public road responsibility for the maintenance of which lies on a road authority (within the meaning of the Act of 1961) not being the local authority, the local authority shall consult with the road authority before making the bye-laws.

(15) As soon as may be after the making of bye-laws under this section notice of their making shall be published in one or more newspapers circulating in the area to which the bye-laws relate and on the website of the local authority concerned.

(16) The Authority may draw up and publish a guideline to local authorities in relation to bye-laws under subsection (1) and their contents. A local authority shall have regard to any such guidelines.

(17) The function conferred on a local authority under subsection (1) is a reserved function.

(18) Bye-laws under section 84 (as amended by section 29 of the Road Traffic Act 2004 ) of the Act of 1961 which are in force immediately before the commencement of this section continue in force after such commencement as if made under this section and may be amended or revoked accordingly.

(19) In this section—

“public road” has the meaning assigned to it in the Roads Act 1993 ;

“website” in relation to a local authority, means a website maintained or used by the local authority on the internet.

Restriction on use of “taxi”

26. (1) A person shall not use or display on a vehicle or any sign or advertisement attached to the vehicle, the words “taxi” or “tacsaí” or any word which is a variant derivative or translation of or is analogous to those words, unless the vehicle is licensed as a taxi under section 9 .

(2) A person shall not use any document or advertisement in respect of the provision of small public service vehicle services, on which appears the word “taxi” or “tacsaí” or any word which is a variant derivative or translation of or is analogous to those words, unless the service relates to the provision of such service with a taxi licensed under section 9 .

(3) A person shall not display on a vehicle, which is not licensed as a taxi, a taxi sign or identification issued in accordance with SPSV regulations or a sign or identification purporting to be such.

(4) A person who contravenes this section commits an offence and is liable on summary conviction to a class A fine.

Prohibition on promoting, offering or advertising unlicensed small public service vehicle services

27. (1) A person shall not promote, offer or advertise the service of a small public service vehicle for hire when at the time of the promotion, offer or advertisement the person does not hold a licence to provide the service for which the vehicle is to be hired or there is no licence in force in respect of a small public service vehicle to which the promotion, offer or advertisement relates.

(2) A person who contravenes this section commits an offence and is liable on summary conviction to a class A fine.

(3) An authorised person may enter any premises (other than a private dwelling, without the consent of the occupier of the dwelling) or place where he or she has reasonable grounds to believe that a person is promoting, offering or advertising the service of a small public service vehicle for hire and—

(a) inspect the premises or place and any promotional or advertising material or printed matter or information (in whatever form held) relating to the hire of a small public service vehicle,

(b) request such information as is reasonable from any person whom he or she suspects is promoting, offering or advertising such services, and

(c) require the name and address of the person.

(4) Where an authorised person is satisfied that a person is promoting, offering or advertising services contrary to subsection (1), he or she may—

(a) seize and detain printed matter or material relating to such services, and

(b) require any person he or she considers is promoting, offering or advertising such services to immediately cease that activity.

(5) A person who claims an interest in printed matter or materials seized under subsection (4)(a) may, not later than 30 days after the date on which the thing was seized, apply to a judge of the District Court within whose district the seizure was effected for an order directing the return to that person of the matter or material and the judge shall, on the hearing of the application—

(a) if satisfied that the seizure under subsection (4)(a) was properly carried out, confirm the seizure and detention, or

(b) if not so satisfied, order the return to the person of the matter or material seized.

(6) A judge of the District Court may adjourn the hearing of an application made to him or her under subsection (5) until the conclusion of any proceedings under subsection (8) relating to the matter concerned.

(7) Where a person who claims an interest in matter or material seized and detained under subsection (4)—

(a) does not make an application to the District Court within the period referred to in subsection (5) or does make such an application within that period and the Court dismisses the application or the person withdraws it, or

(b) does not apply within the relevant time for its release,

the Authority may dispose of it.

(8) A person who—

(a) obstructs an authorised person in seizing or detaining matter or material under subsection (4)(a), or

(b) fails to comply with a requirement of an authorised person under subsection (4)(b),

commits an offence and is liable on summary conviction to a class A fine.

Forgery and unlawful use of small public service vehicle and driver identification

28. (1) A person shall not forge or alter with intent to deceive any identification, sign, disc or badge provided under SPSV regulations.

(2) A person shall not use or display on a small public service vehicle or a vehicle purporting to be such any identification, sign, disc or badge issued in respect of another vehicle.

(3) A person shall not use or display on his or her person or in a small public service vehicle or a vehicle purporting to be such any identification or badge issued to another person in respect of the driving of a small public service vehicle under SPSV regulations.

(4) A person who contravenes this section commits an offence and is liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or

(b) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 5 years, or to both.

(5) Where a person is convicted of an offence under this section any licence held by him or her stands revoked.

(6) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.

Regulation of passengers in small public service vehicles

29. (1) A passenger or intending passenger in a small public service vehicle shall not—

(a) enter the vehicle, except with the consent of its driver,

(b) deliberately or recklessly damage the vehicle,

(c) deliberately or recklessly remove, displace, deface or alter any instrument, sign or notice in the vehicle,

(d) spit in or on or deliberately or recklessly soil any part of the vehicle,

(e) consume any intoxicating liquor, tobacco or controlled drug (within the meaning of the Misuse of Drugs Act 1977 ) in the vehicle, or

(f) deliberately or recklessly leave any syringe (within the meaning of the Non-Fatal Offences Against the Person Act 1997 ) or sharp instrument, broken glass or other thing likely to cause harm in any part of the vehicle.

(2) A passenger or intending passenger in a small public service vehicle shall—

(a) comply with—

(i) any code of conduct regarding the behaviour of passengers in such vehicles, and

(ii) any reasonable request made to him or her by the driver of the vehicle,

and

(b) pay any fare lawfully required of him or her by the driver of the vehicle.

(3) A passenger or an intending passenger in a small public service vehicle shall not, without the permission of the driver of the vehicle, consume food or non-alcohol beverages.

(4) Where a passenger or intending passenger in a small public service vehicle is contravening subsection (1) or (3) or fails to comply with subsection (2), the driver of the vehicle may request the passenger to leave the vehicle, at a place where it is safe from danger of traffic or other hazards, or the intending passenger not to enter the vehicle.

(5) Where a person refuses to leave a vehicle upon the request of its driver, the driver may request a member of the Garda Síochána to remove the person.

(6) A passenger or an intending passenger in a small public service vehicle who contravenes subsection (1) or (3) commits an offence and is liable on summary conviction to a class C fine.

PART 4

Mandatory Disqualifications

Mandatory disqualification for holding small public service vehicle driver licences on certain convictions

30. (1) In this section—

“appropriate court”, in relation to a conviction on indictment for a specified offence, means—

(a) in the case of an offence other than murder, manslaughter or rape, the Circuit Court, and

(b) in the case of an offence of murder, manslaughter or rape, the High Court;

“corresponding offence” means an offence under the law of another jurisdiction where the act or omission constituting the offence under the law of the other jurisdiction would, if committed in the State, constitute an offence specified in subsection (3) or the Schedule as the case may be;

“court in another jurisdiction that is not of minor or limited jurisdiction” means a court or tribunal in a jurisdiction other than the State that has the power to impose on a person for the offence concerned a term of imprisonment of 12 months or more;

“licence” means a licence to drive a small public service vehicle;

“sexual offence” means an offence referred to in paragraphs 5 to 11 of Part 1, or paragraphs 4 to 7 of Part 2, of the Schedule;

“specified offence” means—

(a) any offence mentioned in the Schedule,

(b) an offence consisting of attempting or conspiring to commit, or aiding, abetting, counselling, soliciting, procuring or inciting the commission of, any offence so mentioned, or

(c) a corresponding offence to an offence specified in the Schedule (other than an offence mentioned in paragraph 20 of Part 2 of the Schedule).

(2) Where a person, being the applicant for, or the holder of, a licence is convicted on indictment or in a court in another jurisdiction that is not of minor or limited jurisdiction of a specified offence—

(a) mentioned in Part 1 of the Schedule then the person, from the date of conviction, is disqualified for life for holding a licence, or

(b) mentioned in Part 2 of the Schedule—

(i) where a fine only or a sentence to a term of imprisonment the operation of which is suspended in whole, or both, are imposed on the person, then the person, from the date of conviction, is disqualified for holding a licence for a period of 12 months, or

(ii) where a sentence to a term of imprisonment is imposed on the person which is not suspended in whole, then the person is disqualified for holding a licence—

(I) during the term of imprisonment imposed, and

(II) from the end of the term of imprisonment imposed, a further period of—

(A) 18 months, where the term of imprisonment imposed is not more than 3 years,

(B) 2 years, where the term of imprisonment imposed is more than 3 years but not more than 5 years,

(C) 3 years, where the term of imprisonment imposed is more than 5 years but not more than 7 years, or

(D) 5 years, where the term of imprisonment imposed is more than 7 years.

(3) Where a person being the applicant for, or the holder of, a licence is convicted after the commencement of this subsection of any of the following offences, namely—

(a) on indictment, of careless driving under section 52 of the Act of 1961 or dangerous driving under section 53 of that Act,

(b) on summary conviction, of dangerous driving under section 53 of the Act of 1961,

(c) of driving a vehicle while under the influence of an intoxicant under section 4 of the Act of 2010,

(d) of being in charge of a vehicle while under the influence of an intoxicant under section 5 of the Act of 2010,

(e) of failing to provide a specimen under section 12 or 14 of the Act of 2010, or

(f) a corresponding offence to an offence mentioned in any of the preceding paragraphs,

the person is disqualified for holding a licence for the period of any disqualification (“the first-mentioned period”) and—

(i) in the case of a conviction mentioned in paragraph (a), a further period of 5 years, or

(ii) in the case of a conviction mentioned in paragraph (b), (c), (d) or (e), a further period of 3 years,

from the end of the first-mentioned period.

(4) A disqualification under this section takes effect upon—

(a) the expiration of the ordinary time for bringing an appeal against the conviction concerned, or

(b) in the event of an appeal—

(i) where the conviction is confirmed, its confirmation, or

(ii) the withdrawal of the appeal.

(5) Subsection (2) applies to a person who has been convicted of a specified offence before or after the commencement of that subsection.

(6) A person is disqualified for making an application under subsection (8) while he or she is serving a term of imprisonment.

(7) Where a person is disqualified for holding a licence under this section—

(a) a licence shall not be granted to the person, and

(b) a licence held by the person stands revoked.

(8) Subject to subsection (6), where a person is convicted of a specified offence or an offence referred to in subsection (3) the person may apply to the appropriate court—

(a) to be allowed to apply for a licence, or

(b) where the person is a person referred to in subsection (11), to be allowed continue to hold his or her licence.

(9) The appropriate court may grant an application under subsection (8) where it is satisfied, in all the circumstances that the person is a suitable person to be allowed to apply for or continue to hold a licence, as the case may be.

(10) The appropriate court, in determining whether to grant or refuse an application under subsection (8) shall have regard to the following:

(a) the appellant’s conduct since conviction;

(b) the nature of the offence giving rise to the disqualification;

(c) whether the conviction resulting in the disqualification is one of a number of convictions for the same or different specified offences;

(d) the penalty or sentence suffered on foot of the conviction;

(e) the period of disqualification for the specified offence;

(f) any other disqualification or forfeiture imposed on foot of the conviction;

(g) whether the offence was committed in the course of or connected with the use of a small public service vehicle or plying for hire;

(h) the welfare and safety of passengers in small public service vehicles and members of the public;

(i) any other matter the court considers relevant.

(11) Where a person who, but for this subsection, would be disqualified under subsection (2) for holding a licence for having been convicted of, before the commencement of this section, an offence referred to in subsection (2) the disqualification of the person stands suspended, subject to subsection (12), during the period of 12 months from that commencement.

(12) Where an application is made by the person referred to in subsection (11) to the appropriate court under subsection (8) during the period referred to in subsection (11)—

(a) the suspension of the disqualification continues while the application is pending, and

(b) if the application is—

(i) refused, the disqualification takes effect from the date of the refusal or on such later date, not exceeding 28 days from the date of the refusal, as the court may allow, or

(ii) withdrawn, the disqualification takes effect—

(I) 28 days after its withdrawal, if withdrawn before the expiration of the 12 month period referred to in subsection (11), or

(II) if withdrawn after that period, the day after its withdrawal.

(13) (a) A person intending to make an application to the appropriate court under subsection (8) shall give 21 days’ notice in writing of that intention to the Superintendent of the Garda Síochána for the district in which the person ordinarily resides or carries on business and, where the person is the holder of a licence—

(i) to the licensing authority which granted the licence, and

(ii) if the Authority did not grant the licence, to the Authority.

(b) At the hearing of the application under subsection (8)—

(i) the Superintendent of the Garda Síochána for the district in which the person ordinarily resides or drives or proposes to drive a small public service vehicle,

(ii) where the person making the application is the holder of a licence, the licensing authority which granted the licence, and, if the Authority did not grant the licence, the Authority, and

(iii) any other person whom the appropriate court considers relevant or affected by the application,

may appear and shall be entitled to be heard and to adduce evidence to the court, and any such evidence may be considered by the court when it is considering the application.

(c) The appropriate court shall cause notice of its decision on an application under subsection (8) to be given to the Superintendent of the Garda Síochána for the district in which the applicant ordinarily resides or carries on business and to the licensing authority, and if the Authority is not the licensing authority, to the Authority.

(d) The decision of the appropriate court on an application under subsection (8) is final, save that, by leave of the court, an appeal from the decision lies—

(i) in the case of a decision of the Circuit Court, to the High Court, or

(ii) in the case of a decision of the High Court, to the Supreme Court,

on a specified question of law only.

(14) For the purposes of subsections (8) and (12), a person who does not reside in the State is deemed to reside or be ordinarily resident in the Dublin Circuit.

(15) Where an application has been made under subsection (2) of section 36 of the Act of 2003, before the passing of this Act, and a court has made a decision in respect of the application, the decision stands as though made under subsection (8).

(16) A licensing authority shall have due regard, to the decision of the appropriate court to which an application has been made under subsection (8) allowing the applicant to apply for a licence, before making its decision whether or not to grant the licence.

Obligation to give licensing authority details of offences

31. (1) The applicant for, or holder of, a licence shall notify the licensing authority in writing of the fact of his or her conviction in respect of an offence referred to in the Schedule or section 30 (3) or such other offences as the Minister may specify in regulations of which he or she is convicted—

(a) in the case of an applicant for a licence, at the time of application, and

(b) in the case of a licence holder—

(i) in the case of a conviction after the commencement of this section, not later than one month from the date of conviction, or

(ii) in the case of a conviction before such commencement, within one month of the commencement.

(2) A person who fails to notify the licensing authority in accordance with this section or who provides information knowing it to be false or misleading commits an offence and is liable on summary conviction to a class A fine.

(3) It is a defence in a prosecution for an offence under subsection (2) for the defendant to show that he or she took all reasonable steps and exercised all due diligence to avoid committing the offence.

(4) Where a person fails to notify the licensing authority in accordance with this section or provides information knowing it to be false or misleading, the licensing authority may determine that the person is not a suitable person to hold a licence and where the person is—

(a) an applicant for a licence, refuse the application, or

(b) the holder of a licence, suspend or revoke the licence.

Proof of foreign convictions

32. (1) In proceedings against a person for an offence under section 31 , the production to the court of a document that satisfies the condition referred to in subsection (2) and which purports to contain particulars of the conviction of that person for a corresponding offence (within the meaning of section 30 (1)) concerned in the other jurisdiction and of the act constituting the offence shall, unless the contrary is shown, be evidence of the matters stated in it.

(2) The condition mentioned in subsection (1)—

(a) is that the document (judicial notice of which shall be taken by court) concerned—

(i) purports to be signed or certified by a judge, magistrate or officer of the jurisdiction referred to in that subsection, and

(ii) is authenticated under oath of some witness or by being sealed with the official seal of a minister or secretary of state of that state,

and

(b) shall be regarded as being satisfied without proof of the signature or certification, and the authentication of it, that appears in or on the document.

PART 5

Demerit Scheme

Definitions (Part 5)

33. In this Part—

“appropriate date” shall be read in accordance with section 39 ;

“demerit offence” means an offence specified in section 34 ;

“SPSV licence record” means the entry kept in the register of licences maintained under section 18 relating to the holder of a licence to drive a small public service vehicle.

Demerit offences

34. An offence committed by the holder of a licence under section 7 (5) or (7), 8 (8), 9 (6), 11 (4), 17 (4), 20 (4)(a), 22 (4) or (6), 23 (1) or (4), 24 (7), 26 (4), 31 (2), 37 (3), 43 (1) (in respect of a contravention of section 41 ) or 68 (3) is a demerit offence.

Endorsement of demerits

35. (1) Where a person makes a payment under—

(a) section 37 of the Act of 2010 as specified in a notice under section 34 of the Act of 2010 in respect of a fixed charge offence referred to in paragraph (c) (inserted by section 62(b)) of that section, or

(b) a fixed payment notice under section 48 in respect of a fixed payment offence,

where the offence is a demerit offence (other than an offence specified in column (2) of the Table to this section at reference number 7 or 8) the number of demerits specified in column (3) of the Table to this section opposite the mention of the offence in column (2) of the Table to this section of the provision under which the offence occurs shall, subject to and in accordance with the provisions of this Part, be endorsed on the entry in the SPSV licence record relating to that person in respect of the alleged demerit offence.

(2) Where a person is convicted of a demerit offence, the number of demerits specified in column (4) of the Table to this section opposite the mention of the offence in column (2) of the Table of the provision under which the offence occurs shall, subject to and in accordance with this Part, be endorsed on the entry in the SPSV licence record relating to the person in respect of the offence.

(3) Where a person—

(a) whether on the same occasion or not—

(i) makes 2 or more payments referred to in subsection (1) in respect of alleged demerit offences committed on the same occasion, or

(ii) is convicted of 2 or more demerit offences committed on the same occasion,

demerits in respect of only one of the alleged offences or offences, determined, where appropriate, in accordance with subsection (4), shall be endorsed on the entry in the SPSV licence record relating to the person, or

(b) whether on the same occasion or not, makes one or more payments referred to in subsection (1) and is convicted of one or more demerit offences and the alleged offences concerned and the demerit offences were committed on the same occasion, demerits in respect only of any one of the alleged offences and offences, determined in accordance with subsection (4), shall be endorsed on the entry in the SPSV licence record relating to the person.

(4) In a case referred to in subsection (3)—

(a) if the number of demerits falling (but for that subsection) to be endorsed on the entry concerned in respect of one of the alleged offences, or offences, concerned differs from that or those in respect of the other or others, the number which is the bigger or biggest shall, subject to paragraph (b), be endorsed on the entry in the SPSV licence record, and

(b) if 2 or more of the numbers aforesaid are bigger than the other or others, or are the biggest of the numbers, and are equal, one only of them shall be so endorsed.

(5) Where a person makes a payment under subsection (1) to a member of the Garda Síochána, the Garda Commissioner shall, as soon as may be after the payment, cause the Authority to be notified of the payment.

(6) Upon the making of a payment referred to in subsection (1) to the Authority or being notified under subsection (5), the Authority shall, subject to subsections (3), (7) and (8), cause the appropriate number of demerits to be endorsed on the entry in respect of the SPSV licence concerned.

(7) (a) When a person is convicted of an offence under a provision referred to in section 34 , the registrar or clerk of the court concerned or such other member of the staff of the Courts Service as that service may designate shall notify the Authority of the conviction—

(i) in case an appeal against the conviction is brought and—

(I) it is determined against the person, as soon as may be after such determination, or

(II) it is withdrawn by the person, as soon as may be after its withdrawal,

or

(ii) in case an appeal is not brought against the conviction, as soon as may be after the expiration of the ordinary time for bringing such an appeal.

(b) Where the conviction of a person of the offence is reversed on appeal, it shall not be necessary to notify the Authority of the conviction.

(8) Upon the receipt by the Authority of a notification under subsection (7)(a), the Authority shall where the offence is a demerit offence, subject to subsections (3) and (9), cause the appropriate number of demerits to be endorsed on the entry concerned.

(9) If an entry in the SPSV licence record in relation to a person does not exist at a time when, if there were such an entry, a demerit would fall to be endorsed on it pursuant to subsection (6) or (8), and, subsequently, such an entry is made, thereupon, the demerit shall be so endorsed.

TABLE

Demerits in respect of contravention of certain provisions

Period of endorsement of demerits

36. Demerits endorsed on the entry in the SPSV licence record of a person shall, subject to section 38 (2), remain on the entry for a period of 3 years beginning on the appropriate date, and the Authority—

(a) shall cause to be removed from the entry concerned demerits standing endorsed on it on the date of the notice under section 37 relating to the disqualification, and

(b) shall cause a notice to be given or sent, by post or otherwise as it decides, to the person to whom the entry relates—

(i) of the ending of the period of disqualification and its date, and

(ii) of the removal and particulars of the demerits the subject of the removal.

Notification to licence holder of endorsement of demerits

37. (1) When demerits are endorsed on the entry in the SPSV licence record of a person, the Authority shall, as soon as may be thereafter, cause a notice to be given or sent, by post or otherwise, to the person—

(a) to the effect that the number of demerits specified in the notice has been endorsed on the entry in the SPSV licence record relating to the person following—

(i) the making by the person of a payment referred to in section 35 (1), or

(ii) the conviction of the person of a demerit offence,

and that, subject to section 38 (2), they will remain on the entry for a period of 3 years beginning on the appropriate date, and

(b) specifying the total number of demerits that, following the endorsement, stand so endorsed and, if that number equals or exceeds 8, specifying that the person will be disqualified under section 38 for holding a licence for a period of 3 months beginning on the appropriate date and directing the person to submit the licence held by him or her to the licensing authority that granted the licence not later than 14 days from that date.

(2) When a notice is given or sent to a person under subsection (1), the Authority shall cause particulars of the notice, including its date, to be entered on the entry in the SPSV licence record relating to the person.

(3) A person who fails to comply with a direction under paragraph (b) of subsection (1) in a notice under that subsection commits an offence and is liable on summary conviction to a class C fine.

Disqualification by reason of demerits

38. (1) When demerits are endorsed on the entry in the SPSV licence record of a person and, in consequence, the total number of demerits standing so endorsed equals or exceeds 8, the person shall stand disqualified for a period of 3 months, beginning on the appropriate date, for holding a licence to drive a small public service vehicle and any such licence held by him or her shall be suspended correspondingly and cease to have effect during the period of the disqualification.

(2) At the end of a period of disqualification pursuant to subsection (1) the Authority—

(a) shall cause to be removed from the entry concerned demerits standing endorsed on it on the date of the notice under section 37 relating to the disqualification, and

(b) shall cause a notice to be given or sent, by post or otherwise as it decides, to the person to whom the entry relates—

(i) of the ending of the period of disqualification and its date, and

(ii) of the removal and particulars of the demerits the subject of the removal.

(3) Section 13 does not apply to the suspension of a licence under subsection (1).

(4) A suspension under this section does not affect the date of expiry of the licence.

Appropriate date

39. (1) In this Part, subject to this section, the appropriate date, in relation to demerits, is the date that is 28 days from the date of the notice under section 37 relating to demerits, and, for the purposes of the application of this section to section 38 (1), the notice under section 36 is that relating to the demerits concerned that are the latest to be endorsed on an entry before a disqualification occurs under section 38 (1) of the person to whom the entry relates.

(2) If a court extends the time for instituting an appeal against a conviction for a demerit offence, it may, if it thinks it is appropriate and in the interests of justice to do so, by order provide that, in relation to the demerits concerned—

(a) the period of—

(i) 3 months specified in section 38 , or

(ii) 3 years specified in section 36 ,

or both such periods, shall begin on such date or dates other than that or those specified in subsection (1) as may be stated in the order, or

(b) such a period shall consist of 2 discontinuous periods stated in the order or each such period shall consist of the 2 discontinuous periods so stated.

(3) Where an order is made under subsection (2), the appropriate clerk or court registrar or such other member of the staff of the Courts Service as that service may designate shall notify the Authority of the order.

(4) In relation to a case in which an order is made under subsection (2), subsection (1) shall be construed in accordance with the order.

(5) (a) In any proceedings, a certificate signed by an officer of the Authority authorised by the Authority in that behalf and stating—

(i) that he or she has examined the entry relating to a person,

(ii) that a demerit was endorsed on the entry on a specified date, and

(iii) the date of the notice under section 38 relating to the demerit,

shall be admissible as evidence of those facts.

(b) A document purporting to be a certificate under paragraph (a) shall be deemed to be such a certificate, and to have been signed by the person purporting to have signed it and to have been so signed in accordance with an authorisation under paragraph (a), unless the contrary is shown.

PART 6

Enforcement

Authorised persons

40. (1) The Authority may appoint in writing such and so many persons or classes of persons (including persons who are employees of a person who has entered into a service agreement) as it may determine to perform any or all of the functions conferred on an authorised person under this section as may be specified in the appointment.

(2) A person appointed as an authorised person under subsection (1) shall, on his or her appointment, be furnished by the Authority with a warrant of his or her appointment and when exercising a power conferred on an authorised person under this Part shall, if requested by any person affected, produce the warrant to that person for inspection.

(3) For the purposes of ensuring that the holders of licences are each complying with this Act, or a code of practice or the requirement that small public service vehicles or vehicles being used or intended to be used for hire or reward are in a roadworthy condition, an authorised person may—

(a) subject to subsection (6), at any reasonable time, if necessary by use of reasonable force, enter the premises or place where an activity connected with or ancillary to the provision of services relating to small public service vehicles takes place or small public service vehicles are kept or located, and search the premises or place and inspect and examine any vehicle found there and inspect any licences, records or documents found there,

(b) if he or she is a member of the Garda Síochána or is accompanied by a member of the Garda Síochána—

(i) stop a small public service vehicle or vehicle purporting to be such a vehicle, or

(ii) having stopped such vehicle, require it to be moved to a nearby location for the purpose of being searched, inspected and examined, and there to so search, inspect and examine any licence or documents in the vehicle,

(c) search, inspect and examine a small public service vehicle or vehicle purporting to be such,

(d) carry out any tests upon a vehicle, or require that the vehicle be brought to a specified place at a specified time, for tests to be carried out on it,

(e) where a small public service vehicle, or a vehicle which the authorised person suspects is being used as such, is stopped or parked in a public place, search, inspect and examine the vehicle and examine any licence or other documents found in it or request from the person in charge of the vehicle production of such,

(f) secure for future inspection any premises or place where he or she believes on reasonable grounds small public service vehicles are kept or located or any premises, place or vehicles in which he or she believes on reasonable grounds licences, records or documents relating to the provision of small public service vehicle services are kept,

(g) require a person in charge of the premises, place or a vehicle on the premises, or the driver of the vehicle, to produce to him or her any licence, record or documents (and in the case of such record or document stored in non-legible form, produce to him or her a copy in legible form) relating to the provision of such services which are in the person’s power and control and to give the authorised person such information as he or she may reasonably require for the purpose of enforcing this Act,

(h) inspect and take extracts from or make copies of such licences, records or documents (including in the case of information in a non-legible form, an extract from or copy of such information in permanent legible form),

(i) remove and retain such licences, records or documents for a reasonable period for future inspection,

(j) take photographs or make any record or visual recording of any activity on the premises or place or of the vehicle,

(k) require the holder of a licence in respect of a small public service vehicle, or other person he or she believes to be in charge of the vehicle, to bring the vehicle to a specified location at a specified time for examination and testing,

(l) require the name and address and date of birth of the person in charge of the vehicle or who is found on the premises or at the place.

(4) A person appointed as an authorised person under section 49 of the Act of 2003 who, immediately before the commencement of this section, is an authorised person, shall on such commencement be deemed to be authorised under this section.

(5) An authorised person, when exercising a power under this section, may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the authorised person in the exercise of the power.

(6) An authorised person shall not enter, except with the consent of the occupier, a private dwelling, unless he or she has a search warrant under section 42 in respect of the entry of the dwelling.

Prohibition on use of unroadworthy or defective vehicle, etc., as small public service vehicle - prohibition on use of unlicensed SPSV - seizure and detention

41. (1) Where an authorised person, having inspected, examined or tested under section 40 a small public service vehicle or a vehicle purporting to be such a vehicle, is satisfied—

(a) that the vehicle is not roadworthy,

(b) that there is a defect affecting the vehicle rendering it unfit for the carriage of passengers, or

(c) that an approved policy of insurance (within the meaning of section 62 of the Act of 1961) in accordance with regulations made under section 68 is not in force in respect of the vehicle,

he or she may require of the person in charge of the vehicle, or premises where the vehicle is at, that the vehicle not be used (within the meaning of “use” in section 22 (7)) for the carriage of passengers for hire or reward until an authorised person, following, as appropriate, a further inspection, examination or test of the vehicle at a specified time and place, is satisfied that the vehicle is roadworthy, that the defect has been remedied, that the vehicle is adequately insured or the appropriate standard or requirement is complied with, as the case may be.

(2) In addition to a requirement made under subsection (1) concerning a small public service vehicle or a vehicle purporting to be such a vehicle, an authorised person may seize and detain the internal, or external, signage or identification, or both, on or in the vehicle until following a further inspection, examination or test, an authorised person is satisfied that the vehicle is roadworthy, that the defect has been remedied, that the vehicle is adequately insured or the appropriate standard or requirement is complied with, as the case may be.

(3) Where a person fails to comply with subsection (1), an authorised person may seize and detain one or more of the following:

(a) internal, or external, vehicle signage, in or on the vehicle concerned;

(b) any identification, in or on the vehicle concerned;

(c) the vehicle concerned.

(4) Where following a search, inspection or examination of a vehicle under section 40 , an authorised officer is satisfied that—

(a) the vehicle is not licensed in accordance with licensing regulations, or

(b) the vehicle is carrying or displaying internal or external signage or identification (including a licence number) which does not relate to or apply to the vehicle or which is forged or altered in any way,

the officer may seize and detain the signage or identification or the vehicle or all of them.

(5) The Authority may issue guidelines to authorised persons for the purposes of this section.

(6) An authorised person who is not a member of the Garda Síochána shall not seize a vehicle under this section unless accompanied by a member of the Garda Síochána.

(7) A person who claims an interest in a vehicle or internal or external vehicle signage seized under this section may, not later than 60 days after its seizure, apply to a judge of the District Court within whose district the seizure was effected for an order directing the return to that person of the thing and the judge shall upon the hearing of the application—

(a) if satisfied that the seizure of the thing was properly carried out, confirm the seizure and detention, or

(b) if not so satisfied, order the return to the person of the thing seized.

(8) A judge of the District Court may adjourn an application under subsection (7) where he or she is satisfied the thing in question is, or is likely to be, required as evidence in any civil or criminal proceedings.

(9) Where a person who claims an interest in a vehicle or internal or external vehicle signage seized under this section—

(a) does not make an application to the District Court within the period referred to in subsection (7), or

(b) does make such an application within that period and the Court dismisses the application or the person withdraws it,

the Authority may dispose of it.

(10) The Authority may make regulations providing for the detention, removal, storage and subsequent release or disposal of a thing seized and detained under this section by an authorised person.

(11) Regulations under subsection (10) may, in particular and without prejudice to the generality of that subsection—

(a) authorise and provide for the recovery, from the owners of vehicles detained, removed, stored, released or disposed of, of charges in accordance with a prescribed scale, in respect of such detention, removal, storage, release or disposal,

(b) provide that vehicles seized and detained under this section shall not, unless ordered to be returned under subsection (7)(b), be released until any costs associated with the seizure and detention are paid,

(c) provide for the waiver or deferral of the charges mentioned in paragraph (a) in such circumstances as may be specified in the regulations,

(d) provide for the release, by or on behalf of persons referred to in paragraph (a), of vehicles removed or stored to such persons and upon such conditions as may be specified in the regulations,

(e) authorise and provide for the sale (or the disposal otherwise than by sale), by or on behalf of persons referred to in paragraph (a), of vehicles removed or stored and provide for the disposal of moneys received in respect of such sale or other disposal,

(f) provide for the release of a vehicle that is not to be further used as a small public service vehicle and any written undertakings to be given in that regard by the person seeking the release.

(12) Where a vehicle is seized under subsection (3) in respect of a matter referred to in paragraph (c) of subsection (1), the Authority may release the vehicle where a person who has an interest in the vehicle, within the period referred to in subsection (7), produces to an authorised officer an approved policy of insurance referred to in that paragraph.

(13) Where, before the expiration of the period of 6 months commencing on the date of the disposal of a vehicle by the Authority, a person satisfies the Authority that he or she was the owner of the vehicle at the time of its disposal, the Authority shall pay him or her any proceeds from the disposal less the sum of the charges due for the detention, removal and storage of the vehicle and the expenses reasonably incurred in the disposal of the vehicle.

(14) Any monies paid for the release of a vehicle under this section shall accrue to the Authority and shall be disposed of in a manner determined by the Authority, with the agreement of the Minister and the Minister for Public Expenditure and Reform.

Search warrant

42. (1) If a judge of the District Court is satisfied by information on oath of an authorised person that there are reasonable grounds for believing that—

(a) evidence of or relating to the commission or intended commission of an offence under this Act is to be found on land or a premises,

(b) a small public service vehicle was used or is intended to be used in the commission of an offence under this Act on land or a premises, or

(c) a record related to anything to which paragraph (a) or (b) refers is or may be on the land or premises,

then the judge may issue a search warrant in relation to those premises.

(2) A search warrant under this section shall be expressed and operate to authorise a named authorised person, accompanied by such authorised persons or other persons as the named authorised person thinks necessary, at any time, within one month from the date of issue of the warrant, on production, if so requested, of the warrant, to enter, using reasonable force if necessary, the land or premises named in the warrant and to exercise all or any of the functions conferred on an authorised person under this Act.

Prohibition on obstruction of authorised officer

43. (1) A person who—

(a) obstructs or impedes an authorised person exercising a function of an authorised person under this Part,

(b) fails to comply with a requirement of an authorised person under this Part, or

(c) gives information to an authorised person which he or she knows to be false or misleading,

commits an offence and is liable on summary conviction to a class A fine.

(2) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.

CCTV at taxi ranks

44. (1) The Authority may approve cameras, CCTV or other apparatus to be set up and operated at specified locations by or on behalf of the Authority or by a person appointed under a service agreement at appointed stands or, with the consent of the Garda Commissioner, at other specified locations, to facilitate—

(a) the monitoring of persons—

(i) standing for hire at appointed stands with a taxi to ensure compliance with Part 3, and

(ii) using vehicles, other than taxis, to ensure they are not standing for hire from those stands,

and

(b) the detection and monitoring of offences involving small public service vehicles at appointed stands or other locations.

(2) Amongst other matters specified in the approval under subsection (1), cameras, CCTV and other apparatus set up under that subsection may—

(a) record the date and time of any alleged contravention of or failure to comply with Part 3 or any incident occurring at an appointed stand or other location, and

(b) take photographic or video images of a vehicle, its identification mark, taxi licence number and other means of identification.

(3) The Authority may specify on its website available to the public the appointed stands it has set up, or where it is considering setting up cameras, CCTV or other apparatus referred to in subsection (1).

(4) A document signed by an officer of the Authority (authorised in that behalf by the Authority) stating that a mechanically propelled vehicle in respect of which proceedings are taken together with any photographic or other evidence taken from a camera, CCTV or other apparatus referred to in subsection (1) of the identification mark or taxi licence number of the vehicle taken at the material time may, without proof of the signature of the officer or that the photographic or other evidence is from a camera, CCTV or other apparatus referred to in that subsection, be produced in any court and in all legal proceedings and is, until the contrary is shown, evidence of an offence under this Act. It shall not be necessary to show that the camera, CCTV or other apparatus was accurate or in good working order, unless the contrary is shown.

(5) The Garda Commissioner may, upon a request to the Authority, have access to CCTV or other apparatus set up under this section and any record, photograph or video image contained in such.

(6) In this section—

“CCTV” means closed-circuit television, being any fixed system employing optical devices for recording images of events occurring at or near appointed stands;

“operated” in relation to any camera, CCTV or other apparatus, includes the procurement, installation, maintenance and monitoring of such.

Service of notices

45. (1) A notice (other than under section 36 , 37 , 38 or 48 ) or notification under this Act shall be addressed to the person concerned by name and may be served on or given to the person—

(a) by giving a copy to the person, his or her employee, servant or agent, or in the case of a partnership, by delivery of a copy to any of the partners,

(b) by leaving a copy at the address where the person ordinarily resides, where he or she carries on business, or, where an address for service of notices or notifications has been furnished by the person to the Authority, at that address,

(c) by sending a copy by post to the address at which the person ordinarily resides or carries on business, in the case of a body corporate or unincorporated body at the registered office of the body or, where an address for service has been furnished by the person to the Authority, at that address,

(d) by sending a copy by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the person ordinarily resides or carries on business or, if an electronic address or facsimile number address for the service of a notice or notification has been furnished by the person to the Authority, that electronic address or facsimile machine, but only if—

(i) the recipient’s facility for the reception of electronic mail generates a message confirming the successful receipt of the electronic mail, or

(ii) the sender’s facsimile machine generates a message confirming the successful transmission of the total number of pages of the notice or notification.

(2) For the purposes of this section, a company within the meaning of the Companies Acts is considered to be ordinarily resident at its registered office and every other body corporate or unincorporated body is considered to be ordinarily resident at its principal office or place of business.

Summary proceedings

46. Proceedings for an offence under this Act may be brought and prosecuted summarily by a licensing authority.

Revocation of licence by court consequent upon conviction

47. (1) Where the holder of a licence is convicted of an offence under this Act which in the opinion of the court makes the holder unsuitable to hold the licence, the court may revoke the licence.

(2) The Courts Service shall notify the Authority of any revocation under subsection (1).

(3) Where a licence is revoked under subsection (1) and the person who held the licence carries or attempts to carry a person for reward or stands or plies for hire in a small public service vehicle, he or she commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 3 months or to both.

(4) Where a licence is revoked by the court under subsection (1), the holder shall return the licence to the licensing authority, upon the revocation.

(5) The holder of a licence which has been revoked under subsection (1) who fails to return it to the licensing authority commits an offence and is liable on summary conviction to a class E fine.

Fixed payment offences

48. (1) Where an authorised person has reasonable grounds for believing that a person is committing or has committed an offence under section 7 (5) or (7), 8 (8), 9 (6), 11 (4), 17 (4), 20 (4)(b), 23 (1) or (4), 24 (7) or (9), 25 (9) or (10), 26 (4), 27 (2), 29 (6), 31 (2), 37 (3), 43 (1) in respect of a contravention of section 41 , 66 (5) or 68 (3) (“fixed payment offence”) he or she may serve personally or by post on the person a notice (“fixed payment notice”) in the prescribed form stating that—

(a) the person is alleged to have committed the offence,

(b) the person may, during the period of 28 days beginning on the date specified in the notice, make to the Authority at the address specified in the service of the notice a payment of the prescribed amount accompanied by the notice,

(c) if the person does not make the payment specified in paragraph (b), during the period of 28 days beginning on the expiration of that period, the person may make a payment as specified in the notice of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b),

(d) if the alleged offence relates to a demerit offence (within the meaning of Part 5), if the person on whom it is served makes the payment specified in the notice in accordance with the notice or is convicted of the offence concerned, different specified numbers of demerits will be endorsed on the SPSV licence record (within the meaning of Part 5) of the person,

(e) the person is not obliged to make the payment, and

(f) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(2) Where notice is given under subsection (1)—

(a) the person to whom the notice applies may, during the period specified in the notice, make to the Authority at the address specified in the notice the payment specified in the notice accompanied by the notice,

(b) the Authority may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it,

(c) a prosecution in respect of the alleged offence shall not be instituted during the period specified in the notice, and if the payment so specified is made during the period, no prosecution in respect of the alleged offence shall be instituted.

(3) In a prosecution for an offence under a provision referred to in subsection (1) the onus of proving that a payment to a fixed payment notice has been made lies on the defendant.

(4) Regulations under subsection (1) prescribing an amount for a fixed payment offence may prescribe, in accordance with subsection (5), different fixed payment amounts in relation to—

(a) different offences and in the case of an offence under section 20 (4) in relation to different contraventions, and

(b) such offences involving different categories of small public service vehicle and to such contraventions committed in different areas.

(5) Where the Authority prescribes the amount of a fixed payment, the amount shall not exceed, where the fine to which a person would be liable on summary conviction of the alleged offence is—

(a) a class A fine, €500,

(b) a class B fine, €400,

(c) a class C fine, €250,

(d) a class D fine, €100, or

(e) a class E fine, €50.

(6) The Authority may make regulations prescribing any matter referred to in this section as prescribed or to be prescribed.

(7) Income generated by the payment of prescribed fixed charge amounts under this section shall be disposed of in a manner determined by the Authority with the agreement of the Minister and the Minister for Public Expenditure and Reform.

Payment of fixed amount on service of summons

49. (1) A person who is served with a summons in respect of an offence referred to in section 48 (1) may pay an amount as stated in a notice which may be served with the summons on the person in respect of the alleged offence and in the manner as specified in the notice not later than 7 days before the date specified in the summons on which the charge is to be heard by the court. If the person pays the amount stated in the manner as specified in the notice within that period proceedings in respect of the alleged offence will be discontinued and the person need not attend the court on the day specified in the summons.

(2) A notice served under subsection (1) may be served by the Authority.

(3) The amount stated in a notice served with a summons on a person under subsection (1) shall be an amount 100 per cent greater than the prescribed amount stated in the fixed payment notice served on the person, in accordance with section 48 , in respect of the alleged offence.

(4) A payment under subsection (1)—

(a) may be received only within the period referred to in subsection (1) and in accordance with the payment notice, and

(b) is not recoverable by the person paying it.

(5) The person receiving a payment under subsection (1) may issue a receipt for it.

(6) Any sums received under subsection (1) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform directs.

(7) Where a person is served with a summons in respect of an offence referred to in section 48 (1), evidence given by the person that he or she was not served with a fixed payment notice in accordance with section 48 in respect of the alleged offence is not a defence to the alleged offence.

(8) In this section “summons” means a summons issued under—

(a) section 10 of the Petty Sessions (Ireland) Act 1851 , or

(b) the Courts (No. 3) Act 1986 .

Offence - body corporate

50. (1) Where an offence under this Act is committed by a body corporate and is proven to have been so committed with the consent, connivance or approval of or to have been attributable to the wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

PART 7

Other Non-Taxi Services

Chapter 1

Community Transport Service

Definitions - Part 7

51. In this Part—

“approved community transport service” means a community transport service granted an exemption;

“approved vehicle” means a mechanically propelled vehicle approved by the Authority for the purpose of the carriage of passengers in respect of a community transport service;

“approved volunteer driver” means a driver approved by the Authority to drive an approved vehicle to carry a passenger in the course of providing a community transport service;

“charitable tax exemption” means an exemption from income tax granted, under section 207 of the Taxes Consolidation Act 1997 , by the Revenue Commissioners to a charity;

“charity” means a body of persons or a trust established for charitable purposes only;

“community transport service” means a transport service provided—

(a) by a person concerned for the social and welfare needs of one or more communities,

(b) without a gain for the person providing the service or another, and

(c) where the fare or payment for a journey or in respect of passengers using the service does not exceed the cost of providing the service in respect of the journey;

“exemption” means an exemption, granted to the operator of a community transport service under section 53 , from the requirements of licensing regulations;

“volunteer driver” means a person who drives a mechanically propelled vehicle in the course of providing a community transport service and receives no reward for his or her services other than the payment to him or her of any reasonable costs and expenses incurred by him or her.

Approved community transport service

52. (1) Where a community transport service is granted an exemption, the service may be provided by the holder of the exemption with approved vehicles driven by approved volunteer drivers.

(2) An approved vehicle which is used in the provision of an approved community transport service and which is being driven by an approved volunteer driver is exempt from the requirement under licensing regulations for the vehicle to be licensed.

(3) An approved volunteer driver who drives an approved vehicle in the provision of an approved community transport service is exempt from the requirement under licensing regulations to hold a licence to drive a small public service vehicle under licensing regulations and, accordingly, the requirements of section 22 (2) do not apply to the driver in these circumstances.

Exemption application process - community transport service

53. (1) The Authority may grant an exemption from the requirement of licensing regulations to a person proposing to operate a community transport service.

(2) In order to be granted an exemption from the requirements of licensing regulations, the person proposing to operate a community transport service shall submit in writing to the Authority an application for such stating—

(a) the name of the proposed community transport service, that it is a charity and its purpose,

(b) that the operator of the proposed service has been granted charitable tax exemption, and giving details of the tax exemption,

(c) if charges in respect of the cost of operating the service are to be made of persons availing of the service, the nature and proposed level of those charges,

(d) the name and address of the person who proposes to operate the service,

(e) the name and address of any volunteer driver proposed to drive a vehicle in respect of the service, and

(f) the unique identification mark (registration number) of any mechanically propelled vehicle to be used in the provision of the service.

(3) The application shall be accompanied by evidence that—

(a) any vehicle to be used in the course of operation of the proposed service—

(i) is covered by an approved policy of insurance (within the meaning of section 62 of the Act of 1961) in respect of any person being carried in it during the course of its operation, and

(ii) has a test certificate issued under section 18 of the Act of 1961 in force in respect of the vehicle, if such a certificate is required in respect of the vehicle,

and

(b) any volunteer driver connected with the proposed service holds a driving licence (within the meaning of the Act of 1961) and is covered by a policy of insurance in respect of driving an approved vehicle.

(4) The Authority in considering an application for an exemption submitted under subsection (2)—

(a) shall have regard to any charitable tax exemption given to the proposed community transport service and the needs of the community in relation to the community transport service being proposed and, in particular, the needs of rural communities without adequate transport services, and

(b) may require in this regard such further details as it considers necessary to make its decision.

(5) In granting an application for an exemption, the Authority may approve such vehicles and volunteer drivers mentioned in the application as it sees fit.

(6) The Authority shall inform the applicant by notice of the decision.

(7) An exemption may be for a specified period.

(8) An exemption under this section shall be subject to any terms and conditions attached to it.

(9) An exemption—

(a) shall not be granted to an applicant who is not a charity and does not have a charitable tax exemption in respect of the community transport service concerned, and

(b) stands withdrawn, if a charitable tax exemption in respect of the operator of the community transport service is withdrawn by the Revenue Commissioners or the operator ceases to be a charity.

(10) The holder of an exemption shall inform the Authority in writing of any change of address of the holder.

Records

54. An approved community transport service provider shall keep and maintain records of bookings, payments from passengers and payments to approved volunteer drivers. These records shall be made available to the Authority upon request in writing by the Authority, not later than 21 days after the date of the request being made.

New vehicle or volunteer drivers

55. Where the holder of an exemption proposes to use vehicles or use the services of volunteer drivers other than those who are approved in the application for the exemption, the holder shall submit to the Authority for approval details of such vehicles or drivers to the Authority.

Chapter 2

Other exemptions from licensing regulations

Regulations granting exemptions from requirements of licensing regulations

56. (1) The Authority may make regulations specifying categories or classes of vehicles or drivers or services to be exempted from the requirement under licensing regulations to hold a licence in respect of such vehicle, driver or service.

(2) Regulations made under this section may only specify a category or class of vehicle, driver or service for exemption from licensing regulations where—

(a) in the case of a service, the service is provided without gain for the provider and any payment for a journey, in respect of passengers using the service, does not exceed the cost of providing the service in respect of the journey,

(b) in the case of a driver, the driver—

(i) receives no reward for his or her services, other than payment to him or her of an amount not exceeding the reasonable expenses or costs incurred by him or her in driving the vehicle or making himself or herself available to provide the service, or

(ii) is operating a vehicle under a contract of employment where the operation of such vehicle is solely for the carriage of the person who has ownership or possession of the vehicle or the carriage, at the request of the person, of others without any gain to the person,

and

(c) in the case of a vehicle, that the vehicle—

(i) is not being driven or used in the course of carrying on a business,

(ii) is not being driven or used for the purpose of obtaining reward from its use, or

(iii) is driven or used solely for the carriage of the person who has ownership or possession of the vehicle or the carriage, at the request of the person, of others without any gain to the person.

(3) In making regulations under this section, the Authority may establish the requirements relating to the application for or holding an exemption, including—

(a) notification to it of any services, vehicles or drivers the subject of the exemption,

(b) the provision of information and records related to the exemption or application for it, and

(c) the requirements in relation to tax matters, test certificates (within the meaning of section 18 of the Act of 1961) and approved policies of insurance (within the meaning of section 62 of the Act of 1961) in relation to the service, vehicle or driver, the subject of the exemption.

(4) The Authority may attach terms and conditions to an exemption under regulations under this section.

(5) Regulations under this section may provide that an exemption under the regulations applies generally under the regulations or upon application to it for the exemption.

(6) The requirements of section 22 (2) do not apply to a person who is driving or using a vehicle for the carriage of persons for reward while driving or using the vehicle in compliance with an exemption under regulations under this section.

Chapter 3

Administrative

Representations and appeal process

57. (1) Where the Authority proposes to refuse an exemption it shall by notice inform the applicant of the proposal and afford the applicant an opportunity to make representations, not later than 14 days of being informed by notice, to the Authority. The Authority shall consider any such representations.

(2) Where an applicant is not granted an exemption, the applicant may appeal the decision, not later than 14 days from the service of the notice, to the judge of the District Court within whose district it is proposed to operate the service.

(3) The judge hearing the appeal under subsection (2) may confirm the decision or allow the appeal (with or without modification).

(4) Where an approved community transport service is operated other than in accordance with Chapter 1 or the terms and conditions of an exemption under section 53 or another service is operated other than in accordance with the requirements of regulations, or the terms or conditions attached to an exemption under regulations, made under section 56 , the Authority may by notice withdraw the exemption or suspend it until the Authority is satisfied that it will be operated in accordance with Chapter 1, regulations under section 56 or its terms or conditions, as the case may be.

(5) The Authority before withdrawing or suspending an exemption, shall afford the holder of the exemption an opportunity to make representations, not later than 14 days from being informed by notice of the proposal, to the Authority or to take such remedial action as specified in the notice (if any).

(6) Where an exemption is withdrawn or suspended under subsection (4), the holder may appeal the decision to the judge of the District Court within whose district the holder operates the service. The Court may confirm the decision or allow the appeal (with or without modification).

(7) The decision of the District Court on an appeal under subsection (2) or (6) is final, save by leave of the Court an appeal on a specified point of law lies to the High Court.

(8) Where a person makes an appeal under this section, he or she shall at the same time notify in writing the Authority of the appeal.

(9) In this section “exemption” means an exemption granted under section 54 or regulations made under section 56 .

Regulations - Part 7

58. (1) The Authority may make regulations in relation to—

(a) the regulation of the operation of a vehicle in providing a service under an exemption under this Part, including the operation of the vehicle by its driver, to provide for any or all of the following:

(i) the maximum number of passengers permitted to be carried in the vehicle;

(ii) restricting or prohibiting the use of the vehicle if it is not in a satisfactory condition;

(iii) restricting the periods of time within which the vehicle may be operated in providing the service;

(iv) the area of operation of the vehicle in providing a service;

(v) the reimbursement of expenses of drivers and operators of the vehicle;

(vi) matters relating to any charges for carriage of persons in the vehicle;

(vii) the issuing of receipts for journeys undertaken with the vehicle in providing the service;

(viii) the keeping of records in respect of the operation of the service,

and

(b) the vehicle standards to be complied with regarding the road worthiness and suitability of a vehicle with which to provide a service under an exemption under this Part.

(2) Compliance with regulations made under this section is a term of an exemption under this Part.

Fees - Part 7

59. (1) An application for an exemption under this Part or the approval of any vehicle or volunteer driver under Chapter 1 shall be accompanied by such fee (if any) as the Authority determines to cover administrative expenses incurred in an application.

(2) The Authority shall publish details of any fees so determined within this section.

Powers of authorised persons - Part 7

60. (1) An authorised person, for the purposes of ensuring the holder of an exemption is operating a community transport service in accordance with an exemption under Chapter 1 or another service in accordance with regulations under section 56 or who suspects a person is operating a service or a vehicle without an exemption, may—

(a) subject to subsection (2), at any reasonable time, enter the premises or place where any activity connected with a service relating to the exemption is being carried on and search the premises or place, examine any vehicle and inspect any records or documents found there,

(b) require a person in charge of the premises or place, or a vehicle on the premises or place, or the driver of the vehicle, to produce to him or her any record or documents (and in the case of such record or document stored in non-legible form, produce to him or her a copy in legible form) relating to the provision of such services which are in the person’s power and control and to give the authorised person such information as he or she may reasonably require for the purpose of enforcing this Part,

(c) inspect and take extracts from or make copies of such records or documents (including in the case of information in a non-legible form, an extract from or copy of such information in permanent legible form), or

(d) remove and retain such records or documents for a reasonable period for future inspection.

(2) An authorised person shall not enter, except with the consent of the occupier, a private dwelling for the purposes of this section.

Register of exemptions

61. (1) The Authority shall establish and maintain a register of exemptions (in this section referred to as the “register”) under this Part.

(2) The register may be maintained in a form that is not legible if it is capable of being converted into legible form.

(3) The register shall contain the following information in relation to each exemption:

(a) if the exemption is granted to a particular person, the name and address of the holder of the exemption (including any change of address);

(b) the details of the exemption;

(c) the details of any withdrawal or suspension of the exemption.

(4) Information contained in the register shall, subject to a determination by the Authority in consultation with the Garda Commissioner that certain information relating to a person referred to in the register should remain confidential, be available for inspection at all reasonable times, upon payment of such fee, if any, as the Authority decides.

PART 8

Administration

Service agreements

62. (1) The Authority may, with the consent of the Minister and the Minister for Public Expenditure and Reform, and subject to any directions of the Minister, from time to time, enter in writing into an agreement or other arrangement (“service agreement”) subject to the direction and control of the Authority and such terms or conditions as the Authority decides, with another person for the performance of a function under this Act, other than the power to make regulations, orders or codes of practice.

(2) A function conferred on a person by a service agreement shall be performable by the person in his or her own name, or on behalf of the Authority if the agreement so specifies.

(3) The existence of a service agreement does not prevent the performance of a function relating to the agreement by the Authority itself.

(4) The Authority may, subject to its terms and conditions, at any time withdraw or alter the terms of a service agreement.

(5) A service agreement operates, so long as it continues in operation, to confer on and vest in the person with whom the agreement is made, the function specified in, and subject to any conditions set out in, the service agreement.

(6) In relation to a service agreement, the Authority may—

(a) supervise, control and manage the performance of functions under the agreement,

(b) determine and impose any standards or compliance requirements required of the holder of the agreement,

(c) where the Authority considers the standards or compliance requirements referred to in paragraph (b) have not been met, give notice to the holder indicating the measures to be taken and warning that the agreement may be terminated if the measures are not taken within such period specified by the Authority, and

(d) give directions or issue guidelines by notice to the holder of the agreement in relation to the performance of functions under the agreement.

(7) Notice of the making of a service agreement or its withdrawal shall be published in Iris Oifigiúil.

(8) This section is in addition to and not in substitution for section 22 of the Act of 2008.

Provision of services

63. (1) For the purpose of enabling the Authority to perform its functions under this Act, a statutory body may provide any service to the Authority on such terms and conditions (including payment for such service) as may be agreed and the Authority may avail of such service.

(2) In this section—

“service” includes the use of premises or equipment and the use of services or employees.

“statutory body” means—

(a) a Minister of the Government,

(b) the Commissioners of Public Works in Ireland,

(c) a local authority,

(d) the Garda Commissioner or a member of the Garda Síochána duly authorised by the Garda Commissioner,

(e) a body established by or under statute,

(f) a company in which all the shares are held by, or on behalf of, directors appointed by a Minister of the Government, or

(g) a company in which all the shares are held by a body referred to in paragraph (e) or a company referred to in paragraph (f).

Complaints procedure

64. (1) The Authority shall set up a procedure to consider complaints from members of the public and users of small public service vehicles (“complaints procedure”) in respect of—

(a) the condition, roadworthiness and cleanliness,

(b) the conduct, behaviour and identification of a driver,

(c) overcharging or other matters relating to fares (including the failure to issue a receipt) charged by a driver for the hire,

(d) matters relating to the hiring and booking, and

(e) identification and the general appearance (including logos, stickers and advertisements on the vehicle),

of a small public service vehicle.

(2) The complaints procedure may be amended by the Authority.

(3) The complaints procedure shall, as far as practicable, be user-friendly and accessible.

(4) The Authority shall publish on its website and in printed form details of the complaints procedure.

(5) Any complaint procedures set up under section 51 of the Act of 2003 are deemed to be complaint procedures under this section and may be amended or revoked accordingly.

Fees

65. (1) The fees set by the Authority under this Act in respect of the licensing of small public service vehicles and drivers of small public service vehicles, the award of quality service certification (within the meaning of section 66 ) and the issue of certificates relating to the registers of licences maintained under section 18 shall, subject to this section, accrue to the Authority.

(2) Income from fees received by the Authority shall be applied for the purpose of meeting the expenses properly incurred by the Authority in the discharge of its functions under this Act, the Act of 2008 and the Act of 2009.

(3) Income generated by the payments referred to in subsection (1) shall be disposed of in a manner determined by the Authority with the agreement of the Minister and the Minister for Public Expenditure and Reform.

Service certification

66. (1) The Authority may establish or provide for the establishment of schemes for the recognition of quality service (in this section referred to as “quality service certification”) by persons or companies that provide services for the support of the operation of small public service vehicles.

(2) The Authority shall determine both the content and design of a notice containing details of the award of a quality service certification, and provisions in relation to the display of the said notice by a person or company determined to be a quality service provider.

(3) In determining, or arranging for the certification of, requirements and performance criteria for quality service under this section, the Authority shall consult with—

(a) the Advisory Committee,

(b) the Garda Commissioner, and

(c) any other body that the Authority considers may be of assistance in formulating such requirements and performance criteria.

(4) Certification as a quality service provider under this section may be awarded or removed by the Authority having regard to performance indicators over specified periods of time.

(5) A person or a company who claims to have been awarded certification as a quality service provider under this section or who displays a notice as such notwithstanding where no such certification has been awarded to the person or company under this section commits an offence and is liable on summary conviction to a class E fine.

(6) In this section “quality service” means a service that meets specified requirements and performance criteria determined, from time to time, by the Authority or by another person on behalf of the Authority.

Continuance of regulations

67. (1) Regulations made by the Minister under section 82 of the Act of 1961 in relation to the control and operation of small public service vehicles which are in force immediately before the commencement of this section may be amended or revoked by the Authority.