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.

F26[(3) A person shall not ply or stand for hire with a mechanically propelled vehicle to which this section applies in a public place unless—

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

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

(4) A person who contravenes—

(a) subparagraph (i) or (ii) of paragraph (a) or paragraph (b) of subsection (2), or

(b) paragraph (a) or (b) of subsection (3),

commits an offence and, if that person is not the owner of the vehicle, such owner commits an offence, in respect of each such contravention and each is liable in respect of each such contravention 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, the person shall not act as a dispatch operator, unless the person holds a licence to act 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.