Road Traffic (Public Service Vehicles) (Licensing) Regulations, 1978

• Jurisdiction: Ireland

S.I. No. 292 of 1978.

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (LICENSING) REGULATIONS, 1978

The Minister for the Environment in exercise of the powers conferred on him by section 5 of the Road Traffic Act, 1961 (No. 24 of 1961) and section 82 of that Act, as amended by section 57 of the Road Traffic Act, 1968 (No. 25 of 1968) hereby makes the following Regulations:— 1. (1) These Regulations may be cited as the Road Traffic (Public Service Vehicles) (Licensing) Regulations, 1978.

(2) "The Road Traffic (Public Service Vehicles) Regulations 1963 to 1978" and these Regulations shall be construed as one and the collective citation "The Road Traffic (Public Service Vehicles) Regulations 1963 to 1978" shall include these Regulations. 2. (1) Part III of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ) is hereby revoked.

(2) articles 4, 5, 6(1) (a), 6(2) and 7 of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1970 ( S.I. No. 200 of 1970 ) are hereby revoked.

(3) sub-article (2) of article 2 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1973 ( S.I. No. 225 of 1973 ) is hereby revoked;

(4) articles 4, 5, 8, 9 and 15 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1977 ( S.I. No. 111 of 1977 ) are hereby revoked;

(5) the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1978 ( S.I. No. 226 of 1978 ) are hereby revoked,

(6) the Road Traffic (Public Service Vehicles) (Amendment) (No. 4) Regulations, 1978 ( S.I. No. 259 of 1978 ) are hereby revoked,

(7) paragraph (b) of sub article (1) of article 7 of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ) as substituted by article 2 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1977 ( S.I. No. 111 of 1977 ) is hereby revoked.

(8) the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1977 ( S.I. No. 177 of 1977 ) are hereby revoked. 3. (1) In these Regulations:—

"the Act" means the Road Traffic Act, 1961 ;

"grant period" means the period from 1st day of November, 1978 to the 31st day of August, 1979 and each succeeding period of twelve months from the 1st day of September, 1979;

"public hire vehicle licence" means a small public service vehicle licence which does not limit the use of the vehicle to use as a private hire vehicle;

"new public hire vehicle licence" means a public hire vehicle licence applied for by a person other than a person who in the period of twelve months before the date of application held such a licence in respect of a vehicle and whose application is made for the purpose of licensing that vehicle, or another vehicle to replace it, where the licence so held has ceased to be in force through effluxion of time or has been surrendered or revoked;

"Drogheda Corporation" means the Mayor, Aldermen and Burgesses of Drogheda;

"Limerick Corporation" means the Mayor, Aldermen and Burgesses of Limerick;

"Galway Corporation" means the Mayor, Aldermen and Burgesses of Galway;

"Donegal Town" means the area declared under section 2 (6) of the Local Government (Planning and Development) Act, 1963 ( S.I. No. 28 of 1963 ) by the Council of the County of Donegal to be comprised in the town of Donegal for the purposes of that Act. 4. These Regulations apply to all public service vehicles other than large public service vehicles owned or operated by a statutory transport undertaking. 5. (1) A local authority specified in column 1 of the table to this article shall, from time to time by resolution,—

( a ) determine the number of new public hire vehicle licences which may be granted during a grant period by the Commissioner in respect of the use of vehicles as public hire vehicles in the area specified in column 2 of the said table opposite the mention of such local authority, and

( b ) specify a period within which applications (other than applications made before the 15th day of November, 1978) may be made to the Commissioner for the grant of such licences.

(2) The Commissioner shall not, during a grant period grant new public hire vehicle licences for use of vehicles as public hire vehicles in an area specified in column 2 of the table in excess of the number so determined in respect of that period for that area;

(3) Where a local authority have not made a determination under sub-article (1) of this article in respect of a grant period the Commissioner shall not grant any new public hire vehicle licences for the use of vehicles as public hire vehicles in the area specified in column 2 of the said table opposite the mention of such local authority;

(4) Where the number of applications for the grant of new public hire vehicle licences in respect of an area specified in column 2 of the said table which might, apart from the provisions of this article, be granted by the Commissioner is greater than that determined in accordance with sub-article (1) of this article, for that area the Commissioner shall determine by lot from among such applications the persons to whom such licences shall be granted.

(5) Where a local authority have made a determination under sub-article (1) of this article they shall cause notice of such determination and of the period specified for the making of applications to be published in a newspaper circulating in the area.

TABLE

COLUMN 1 COLUMN 2 Dublin Corporation Cork Corporation Limerick Corporation Galway Corporation Drogheda Corporation Dundalk Urban District Council Tralee Urban District Council Ennis Urban District Council Donegal County Council Dublin taximeter area Cork taximeter area The County Borough of Limerick The Borough of Galway The Borough of Drogheda Urban District of Dundalk Urban District of Tralee Urban District of Ennis Donegal Town 6. (1) Where an application for the grant of a public service vehicle licence is duly made, the Commissioner may, subject to the provisions of these Regulations, grant a licence in respect of a vehicle to which these Regulations apply to the owner of the vehicle.

(2) An application for the grant of a new public hire vehicle licence may be made only in the period from the first to the fourteenth day inclusive of the month of November 1978 and thereafter in a period specified by the appropriate local authority pursuant to article 5(1) of these Regulations.

(3) An application for the grant of a public service vehicle licence shall be made in such form and manner and contain such particulars as the Commissioner shall from time to time direct.

(4) The Commissioner shall not grant a public service vehicle licence unless he is satisfied that—

( a ) (i) the character and previous conduct of the applicant are such that the applicant is a fit and proper person to hold such a licence;

(ii) the vehicle is safe for the carriage of passengers;

(iii) the use of the vehicle as a public service...