Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

12.

Fit and proper person.

12.— (1) An applicant for, or the holder of, an authorisation, or in the case of an authorisation applied for or held by a company, each director and the secretary of that company, shall notify the Minister in writing if he or she is, or has been, 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 under this Part,

( l) an offence relating to the fitting of a tachograph manipulation device or the improper use of a tachograph calibration certificate under the European Communities (Road Transport) (Working Conditions and Road Safety) Regulations 2008 ( S.I. No. 62 of 2008),

( m) 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 (l), or

( n) an offence under the law of another jurisdiction which corresponds to an offence mentioned in paragraphs (a) to (m), 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.

(2) A notification under subsection (1) shall be made—

( a) in the case of an applicant for an authorisation, at the time of making the application, or

( b) in the case of the holder of an authorisation, within—

(i) 3 months F1 [ from the commencement of this section ], or

(ii) 28 days 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.

(3) A 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 in connection with, a business concerned with the testing, inspection, maintenance or repair of vehicles.

(4) The Minister, having considered any information notified under this subsection, shall determine whether or not a person is a fit and proper person to be granted or to hold an authorisation.

(5) Where a person fails to notify the Minister in accordance with this section or notifies information to the Minister knowing it to be false or misleading, the Minister may determine that the person is not a fit and proper person to hold an authorisation and where the person is—

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

( b) the holder of an authorisation, suspend or revoke the authorisation in accordance with section 18 or 19 .

(6) A person who fails to notify the Minister in accordance with this section or who notifies information to the Minister knowing it to be false or misleading commits an offence.