Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations, 2000.

Statutory Instrument No.367/2000

In exercise of the powers conferred on the Minister for the Environment and Local Government by section 5 of the Road Traffic Act, 1961 (No. 24 of 1961) and by section 82 of that Act as amended by section 57 of the Road Traffic Act, 1968 (No. 25 of 1968), which powers were delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997 ( S.I. No. 427 of 1997 ), I, ROBERT MOLLOY, Minister of State at the Department of the Environment and Local Government hereby make the following Regulations:

1. (1) These Regulations may be cited as the Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations, 2000.

(2) These Regulations and the Road Traffic (Public Service Vehicles) Regulations 1963 to 2000 shall be construed as one and may be cited as the Road Traffic (Public Service Vehicles) Regulations, 1963 to 2000.

2. In these Regulations—

“the Principal Regulations” means the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 );

“the Regulations of 1995” means the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1995 ( S.I. No. 136 of 1995 );

“the Regulations of 1998” means the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1998 ( S.I. No. 47 of 1998 );

“The Regulations of 1999” means the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1999 ( S.I. No. 316 of 1999 );

“shared hire” means a hire which is engaged jointly by more than one person at the same time from an appointed stand which has been designated for shared hire purposes by a licensing authority;

“test certificate” means a certificate under section 18(1) of the Road Traffic Act, 1961 ;

“certificate of suitability” means a certificate issued under article 5 of the Road Traffic (National Car Test) Regulations, 2000.

3. (1) The following regulations are hereby revoked:

(a) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 2000 ( S.I. No. 3 of 2000 ), and

(b) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1999 ( S.I. No. 51 of 1999 ).

(2) (a) Articles 7 and 8 of the Principal Regulations are hereby revoked.

(b) Articles 8, 9, 11, 14, 18(5), 18(6), 19, 20(3), 21(2), 21(3), 26(7), 32(1), 32(5), and 38, and the Fifth, Sixth and Seventh Schedules of the Regulations of 1995 are hereby revoked.

(c) Articles 6 and 7 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1997 ( S.I. No. 193 of 1997 ) are hereby revoked.

4. The Regulations of 1995 are hereby amended—

(a) by the removal of the reference “or 8” from article 6(2), and

(b) by the insertion of the words “to a licensing authority” after the word “made” in article 10, and

(c) by the removal from article 18(1) of the words “Subject to sub-articles (5) and (6),”, and

(d) by the removal from article 21(1) of the words “Subject to sub-articles (2) and (3),”, and

(e) by the replacement in article 24(1) of the words “13(1)(b) in respect of a taxi licence or a wheelchair accessible taxi licence or under article 14(2)(b) in respect of a hackney licence” by the words “13(b) in respect of a taxi licence or a wheelchair accessible taxi licence or a hackney licence”, and

(f) by the removal from article 26(1) of the words “Subject to sub-article (7)”, and

(g) by the replacement in article 26(2) of the words “13(1)(b), article 14(2)(b) or article 17(2)(a)” by the words “13(b), article 16(2)(a), article 16(4)(a) or article 17(2)(a)”, and

(h) by the replacement in article 37(1), as inserted by article 8 of the Regulations of 1998, of the words “13(1)(b), article 14(2)(b) and article 17(2)(a)” by the words “13(b), article 16(2)(a), article 16(4)(a) and article 17(2)(a), and article 6(2)(c) of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1999 ( S.I. No. 316 of 1999 )”, and

(i) by the replacement in article 37(2), as inserted by article 8 of the Regulations of 1998, of the words “Road Traffic (Public Service Vehicles) Regulations, 1963 to 1998” by the words “Road Traffic (Public Service Vehicles) Regulations, 1963 to 2000”, and

(j) by the removal of the words “other than for the purposes specified in sub-article (1),” from sub-article (3) of article 37, as inserted by article 8 of the Regulations of 1998, and

(k) by the removal of the references to “Article 8”, “Article 14(1)(b) and (3)”, “Article 18(5)” and “Article 32(1)” from the Third Schedule.

5. Article 6 of the Regulations of 1999 is hereby amended—

(a) by the replacement of the word “may” by the word “shall” in sub-article (1), and

(b) by the substitution of the following sub-article for sub-article (2)(c)—

“(c) where the applicant presents to the licensing authority a test certificate and a certificate of suitability issued in respect of the vehicle to which the limousine licence application refers, or a certificate issued by the Commissioner that the vehicle to which the licence is to refer has been inspected by the Commissioner and that the Commissioner is satisfied that the vehicle complies with the Regulations in operation under section 11 of the Act, and, as appropriate, with the requirements of the Road Traffic (Public Service Vehicles) Regulations, 1963 to 2000 applicable to the vehicle, and”.

6. Article 8 of the Regulations of 1999 is hereby amended by the removal of the words “on payment of the appropriate fee specified in the Fourth Schedule to the Regulations of 1995.” from sub-article (3).

7. The following shall be substituted for article 12 of the Regulations of 1995—

“12. (1) Subject to sub-article (3), where an application for the grant of a taxi licence or a wheelchair accessible taxi licence is made to a licensing authority which has declared an area to be a taximeter area, the authority shall make a conditional offer of the grant of the licence to the applicant.

(2) Where an application for the grant of a hackney licence is made to a licensing authority, the authority shall make a conditional offer of the grant of the licence to the applicant.

(3) An application for the grant of a taxi licence, a wheelchair accessible taxi licence or a hackney licence shall not be made if the applicant is the subject of a suspension or revocation of a licence by the court under article 23.”.

8. The following shall be substituted for Article 13 of the Regulations of 1995—

“13. Where a licencing authority has made a conditional offer to a person for the grant of a taxi licence or a wheelchair accessible taxi licence or a hackney licence, the licensing authority shall only grant the licence where, within a period to be specified by the licencing authority—

(a) the applicant has paid to the licensing authority the appropriate fee specified in the Fourth Schedule, and

(b) the applicant presents to the licensing authority a test...

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