S.I. No. 295/1998:

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (AMENDMENT) (NO. 2) REGULATIONS, 1998.

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (AMENDMENT) (NO. 2) REGULATIONS, 1998.

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 5 of the Road Traffic Act, 1961 (No. 24 of 1961) and by section 82 of that Act as amended by section 57 of the Road Traffic Act, 1968 (No. 25 of 1968) and section 7 of the Dublin Transport Authority (Dissolution) Act, 1987 (No. 34 of 1987), hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1998.

(2) The collective citation "the Road Traffic (Public Service Vehicles) Regulations 1963 to 1998" shall include these Regulations.

2. In these Regulations:

"the Regulations of 1978" means the Road Traffic (Public Service Vehicles) (Licensing) Regulations, 1978 ( S.I. No. 292 of 1978 )

3. Sub-article (4) of article 6 of the Regulations of 1978 is hereby amended--

(a) by the substitution of the following for sub-paragraph (iv) of paragraph (a) --

"(iv) save in the case of a vehicle in respect of which the Minister has issued a permit under section 13 of the Act, the vehicle complies with the regulations in operation under section 11 of the Act;" and,

(b) by the addition of the following sub-paragraph after subparagraph (iv) of paragraph (a)--

"(v) in the case of a vehicle in respect of which the Minister has issued a permit under section 13 of the Act, the vehicle complies with the requirements imposed by the permit; and ".

4. The Regulations of 1978 are hereby amended by the substitution of the following article for article 20--

"20. (1) For the purposes of article 6 (4), the Commissioner may cause a vehicle to be inspected or examined by a member of the Garda Síochána, or at his discretion by a member of the Garda Síochána with the assistance of a person not being a member of the Garda Síochána who is a qualified person.

(2) For the purposes of an inspection and examination of a vehicle by a member of the Garda Síochána under subarticle (1), the Commissioner may require that a statement from a qualified person, not being a member of the Garda Síochána, shall be provided in relation to the vehicle, confirming that, in the opinion of that person, the vehicle complies with Regulations in operation under section 11 of the Act or a permit issued by the Minister under section 13 of the Act and, as appropriate, with the requirements of the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1998, applicable to the vehicle.

(3) The Commissioner may at any time, other than for the purposes specified in sub-article (1), cause a large public service vehicle to be inspected by a member of the Garda Síochána, or at his discretion by a member of the Garda Síochána with the assistance of a person not being a member of the Garda Síochána who is a qualified person.

(4) In this article, "qualified person" means a mechanical or automotive engineer, an automotive assessor or a person with similar qualifications who, in the opinion of the Garda Commissioner, by reason of his or her competence, experience and independence, is an appropriate person to assess the fitness of a mechanically propelled vehicle.".

5. Article 34 of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ) as substituted by article 8 of the Road Traffic ( Public Service Vehicles) (Amendment) (No. 2) Regulations, 1970 ( S.I. No. 200 of 1970 ) and amended by article 11 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1977 ( S.I. No. 111 of 1977 ) is hereby amended--

(a) by the substitution of the following for paragraph (e) of sub-article (2):--

"(e) an undertaking in writing that, if the licence is granted, the applicant shall not drive a public service vehicle for more than eleven hours in any one day in any period of three consecutive days." and,

(b) by the revocation of paragraph (c) of sub-article (3).

Given under the Official Seal of the Minister for the Environment and Local Government this 21st day of August, 1998.

NOEL DEMPSEY

Minister for the Environment and Local Government

EXPLANATORY NOTE

These Regulations remove certain regulatory requirements in connection with applications for small public service vehicle drivers licences and they clarify the powers of the Garda Commissioner in relation to the inspection of large public service vehicles.