Taxi Regulation Act 2013

7.

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;

F4 [ (c) the requirement for a person to hold a licence to operate as a dispatch operator; ]

(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;

F5 [ (fa) the requirement that an application for the grant of a licence be accompanied by a written declaration by the applicant for the licence that he or she has not been convicted of any of the offences referred to in section 30(3) or the Schedule;

(fb) the requirement that an application for the grant of a licence to drive a small public service vehicle be accompanied by a written declaration by the applicant for the licence that

(i) his or her health or mobility does not affect, to a material extent or to the extent specified in the regulations, his or her ability to drive a small public service vehicle, and

(ii) he or she holds a driving licence permitting him or her to drive the vehicle, accompanied by details of the licence and any penalty points endorsed on the entry in the licence record (within the meaning of section 1 of the Road Traffic Act 2002 ) relating to him or her;

(fc) the requirement that an application for a licence in respect of a small public service vehicle be accompanied by a written declaration by the applicant for the licence as to the roadworthiness of the vehicle and the compliance with vehicle standards specified in SPSV regulations;

(fd) the requirement that an application for the grant of a licence to drive a small public service vehicle be accompanied by a written undertaking by the applicant for the licence not to drive or ply for hire in a small public service vehicle in contravention of SPSV regulations made in respect of any matter provided for

(i) under section 20(1)(a)(xii) in respect of the regulation of the period of time that a driver of a small public service vehicle may drive the vehicle, or

(ii) under section 20(1)(a)(xiia) in relation to intervals of rest between commencing driving the vehicle and having ceased driving another vehicle in the course of other employment;

(fe) in the case of a licence in respect of a small public service vehicle constructed or adapted for the carriage of a person with a disability using a wheelchair so that the person may be carried in the vehicle while seated in the wheelchair, the requirement that an application for the grant of the licence be accompanied by a written undertaking by the applicant to give, as far as is possible, priority to the carriage of a person with a physical or sensory disability which affects the mobility of the person and to ensure that the driver of such a vehicle gives reasonable assistance to these persons in entering and alighting from the vehicle; ]

(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 F6 [ granted ] 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.

Annotations:

Amendments:

F4

Substituted (8.02.2016) by Public Transport Act 2016(3/2016), s. 2(c)(i), commenced on enactment.

F5

Inserted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 2(c)(ii), commenced on enactment.

F6

Substituted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 2(c)(iii), commenced on enactment.

Editorial Notes:

E4

Power pursuant to section exercised (13.03.2020 to 31.12.2020) by Small Public Service Vehicle (Emergency Measure Covid-19) Regulations 2020 (S.I. No. 175 of 2020), in effect as per reg. 4.

E5

Power pursuant to section exercised (31.01.2015) by Taxi Regulation (Small Public Service Vehicle) Regulations 2015 (S.I. No. 33 of 2015), in effect as per reg. 2.

E6

Previous affecting provision: power pursuant to section exercised (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), in effect as per reg. 2; revoked (31.01.2015 and 30.04.2015) by Taxi Regulation (Small Public Service Vehicle) Regulations 2015 (S.I. No. 33 of 2015), reg. 4(2), in effect as per reg. 2.