Taxi Regulation Act 2013

8.

Assessment of licence applicants and notification of health issues

8. (1) The Authority may by regulations (“assessment regulations”) establish requirements and conditions for the purpose of the assessment of applicants for the grant of licences, including requirements and conditions in respect of—

(a) an assessment to be carried out by the Garda Commissioner, or by another person on behalf of the Authority, of the suitability of a person to hold a licence,

(b) the knowledge of the geography, routes, place names and other matters relevant to the provision of service by a small public service vehicle in an area in respect of which a person makes F7[an application] for the grant of a licence,

(c) the knowledge of and ability to meet the needs of people with disabilities including mobility and sensory difficulties to a standard determined by the Authority in consultation with the National Disability Authority,

(d) knowledge of, and ability to meet, the small public service vehicle transport needs of consumers, and

(e) knowledge of the regulations, standards and requirements relating to the licensing, driving and operation of small public service vehicles, and the general law relating to road traffic.

(2) The Authority may, for the purpose of assessing applications for the grant of a licence, authorise or approve persons to determine whether a person who wishes to apply for the grant of a licence complies with or has reached an acceptable level of competence in respect of each or any of the standards established under subsection (1).

(3) The standards set in any regulations made under section 34 of the Act of 2003 in respect of the matters referred to in subsection (1) which are in force, immediately before the commencement of this section, continue in force and may be amended or revoked under this section.

(4) The Authority may, at any time during the validity of a licence, request the Garda Commissioner to carry out an assessment of the suitability of a person to hold the licence.

(5) For the purposes of the licensing authority assessing the physical or mental capacity of a person to hold a licence to drive a small public service vehicle, the applicant for or the holder of such a licence shall disclose to the licensing authority any illness or physical incapacity he or she may have that could affect the person’s ability to safely drive a small public service vehicle.

(6) The licensing authority may, for the purposes of subsection (5), require further information (including medical assessment) from the applicant for, or the holder of, a licence, as the case may be.

(7) The Authority, after consultation with the Road Safety Authority, may issue guidelines for the purpose of ensuring compliance with subsection (5).

(8) A person who, without reasonable excuse, fails to comply with subsection (5) commits an offence and is liable on summary conviction to a class A fine.

Annotations

Amendments:

F7

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

Editorial Notes:

E13

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.

E14

A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.

E15

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.