Road Transport Act 2011

2.

Obligation on operator to notify Minister of certain convictions.

2.— (1) Where an operator, a person who holds a specified position, a shadow operator, or, in the case of a road passenger transport operator, a driver with that operator, has been or is convicted of—

( a) murder,

( b) manslaughter,

( c) a drug trafficking offence (within the meaning of section 3 of the Criminal Justice Act 1994),

( d) an offence under the Non-Fatal Offences against the Person Act 1997,

( e) an offence under section 2 of the Illegal Immigrants (Trafficking) Act 2000,

( f) a sexual offence (within the meaning of section 3 of the Sex Offenders Act 2001),

( g) an offence under the Criminal Justice (Theft and Fraud Offences) Act 2001,

( h) an offence under the Criminal Law (Human Trafficking) Act 2008,

( i) an offence relating to money laundering under Part 2 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010,

( j) an offence under the Firearms Acts 1925 to 2009,

( k) an offence consisting of attempting or conspiring to commit, or aiding, abetting, counselling, soliciting, procuring or inciting the commission of any offence mentioned in paragraphs (a) to (j), or

( l) an offence under the law of another jurisdiction which corresponds to an offence mentioned in paragraphs (a) to (k), where the conduct constituting the offence under the law of that other jurisdiction would, if committed in the State, constitute an offence referred to in any of those paragraphs,

the operator shall notify the Minister in writing of the fact of the conviction—

(i) where the operator is making an application for an operator’s licence, at the time of making an application, or

(ii) where the operator is the holder of an operator’s licence within 3 months of the passing of this Act, of the expiry of the time allowed for appealing such conviction or of the determination or withdrawal of the appeal of such conviction, whichever is the latest.

(2) The notification under subsection (1) shall include details of—

( a) the nature of the offence,

( b) whether the conviction is one of a number of convictions for the same or different offences,

( c) any penalty or sentence suffered on foot of the conviction,

( d) any disqualification or forfeiture imposed on foot of the conviction, and

( e) whether or not the offence was committed in the course of, or connected with, a road transport business.

(3) Where an operator fails to notify the Minister in accordance with subsection (1) or notifies information to the Minister knowing it to be false or misleading, the Minister may determine that the requirement of good repute is no longer satisfied, and where the operator is—

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

( b) the holder of an operator’s licence, withdraw or suspend that licence.

(4) An operator who fails to notify the Minister in accordance with subsection (1) or who notifies information to the Minister knowing it to be false or misleading 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 €500,000 or to imprisonment for a term not exceeding 3 years or to both.

(5) It is a defence in a prosecution for an offence under subsection (4) for the defendant to show that he or she took all reasonable steps and exercised all due diligence to avoid committing the offence.