Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1970

• Jurisdiction: Ireland
• Citation: IR SI 200/1970
• Year: 1970

S.I. No. 200 of 1970.

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (AMENDMENT) (No. 2) REGULATIONS, 1970.

The Minister for Local Government in exercise of the powers conferred on him by sections 5 and 82 of the Road Traffic Act, 1961 (No. 24 of 1961) hereby makes the following Regulations:— 1. (1) These Regulations may be cited as the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1970.

(2) The Road Traffic (Public Service Vehicles) Regulations, 1963 to 1970 and these Regulations shall be construed as one.

(3) The collective citation "the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1970" shall include these Regulations.

(4) In these Regulations "the Principal Regulations" means the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ). 2. The functions of the Commissioner of the Garda Síochana under the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1970 may be performed by any officer of the Gárda Síochána authorised by the Commissioner to perform such functions. 3. There shall be substituted for sub-article (1) of article II of the Principal Regulations the following sub-article—

"(1) There shall be exhibited in every licensed small public service vehicle so as to be easily seen by a passenger therein—

( a ) a photograph of the driver, the name of the driver, the serial number of the license to drive small public service vehicles issued to him and the signature of the person who has granted the license,

( b ) the serial number of the public service vehicle licence issued in respect of the vehicle,

( c ) the name and official address of the person by whom the vehicle was licensed, and

( d ) in the case of a licensed public hire vehicle used in a taximeter area, a notice showing the maximum fares fixed for public hire vehicles in the taximeter area". 4. There shall be substituted for article 20 of the Principal Regulations the following article—

"20 (1) The Commissioner may grant to the owner of a public service vehicle a licence in respect of a vehicle to which this Part of these Regulations applies.

(2) 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 direct and shall be accompanied by a receipt showing that the fee payable in respect of the application has been paid, and, where the application is for a small public service vehicle licence, by

(a) a statement setting out the names of the drivers of the vehicle, their other occupations and the periods for which they will be available for the driving of the vehicle as a small public service vehicle,

(b) satisfactory evidence that the use of the vehicle as a small public service vehicle is or will be covered by insurance,

(c) satisfactory evidence of the date of first registration of the vehicle or the month and year of its manufacture,

(d) a written undertaking that the vehicle, if licensed, will be available for hire as a public hire vehicle or as a private hire vehicle on at least five days in each week and for at least forty-eight hours in each week.

(3) Where an application for the grant of a public service vehicle licence is duly made, the Commissioner shall, subject to sub-article (4) of this article, grant the licence where he is satisfied that—

(a) where the application is for a licence for the use of a vehicle as a large public service vehicle, the vehicle complies with the regulations in operation under section 11 of the Act applicable to such vehicles,

(b) where the application is for a licence for the use of a vehicle as a public hire vehicle, the character and previous conduct of the applicant are such that the applicant is a fit and proper person to hold such a licence and that the vehicle complies with the regulations in operation under section 11 of the Act applicable to licensed public hire vehicles,

(c) where the application is for a licence for the use of a vehicle as a private hire vehicle, the particulars contained in the application for the licence are correct and that—

(i) in the case of a vehicle to which section 18 of the Act applies, a valid test certificate is in force in respect of the vehicle, or

(ii) in any other case, the vehicle is safe for the carriage of passengers.

(4) A public service vehicle licence shall not be granted in respect of a vehicle the date of manufacture or of first registration of which is more than two years from the date of the application for the licence, unless

(a) the application is made by a person who during the whole of the period from the date of these Regulations to the date of such application, held a valid subsisting licence in respect of a vehicle and the application is made either for the purpose of continuing the use of the vehicle so licensed or of replacing that vehicle...