Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1992

JurisdictionIreland
CitationIR SI 172/1992
Year1992

S.I. No. 172 of 1992.

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (AMENDMENT) (NO. 2) REGULATIONS, 1992.

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) (Amendment) (No. 2) Regulations, 1992.

(2) The collective citation "the Road Traffic (Public Service Vehicles) Regulations 1963 to 1992" shall include these regulations.

2. These Regulations shall come into operation on the 13th day of July, 1992.

3. (1) In these Regulations:—

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

"the Regulations of 1978" means the Road Traffic (Public Service Vehicles) (Licensing) Regulations, 1978 ( S.I. No. 292 of 1978 );

"the Regulations of 1987" means the Road Traffic (Public Service Vehicles) Regulations, 1987 ( S.I. No. 139 of 1987 );

"Dublin taximeter area" has the meaning assigned to it in the Regulations of 1991;

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

"the Regulations of 1991" means the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1991 ( S.I. No. 272 of 1991 );

"wheelchair accessible public hire vehicle licence" means a licence granted in respect of the Dublin taximeter area by the Commissioner during the grant period which shall begin on the day on which these Regulations come into operation in respect of a wheelchair accessible public hire vehicle;

(2) In these Regulations any reference to a wheelchair shall be construed as a reference to a wheelchair which has maximum dimensions when unoccupied of:—

width: 700 mm

height: 1,090 mm

length: 1,200 mm

and complies with ISO standard for wheelchairs No. 7193 (1985).

(3) In these Regulations any reference to a wheelchair accessible public hire vehicle shall be construed as a reference to a small public service vehicle—

( a ) which has been constructed or adapted so as to be capable of accommodating a person seated in a wheelchair;

( b ) which has seating accommodation for at least three passengers in addition to a passenger seated in a wheelchair;

( c ) which complies with the general guidelines for wheelchair facilities in such a vehicle as set out in the First Schedule to these Regulations; and

in respect of which a wheelchair accessible public hire vehicle licence has been granted.

4. In the Regulations collectively cited in sub-article (2) of article 1 of these Regulations a reference to a grant period shall mean the period from the day on which these Regulations come into operation to the 30th day of June 1993 and each succeeding period of twelve months from the 1st day of July 1993.

5. (1) Reference to the use of, and conditions applying to, a public hire vehicle in the Regulations collectively cited in sub-article (2) of article 1 of these Regulations shall be construed as also referring to the use of a wheelchair accessible public hire vehicle save where specific reference to the use of, or conditions applying to, such a vehicle is contained in these Regulations.

(2) The provisions of article 11 of the Regulations of 1991 shall apply to wheelchair accessible public hire vehicle licences granted in accordance with these Regulations.

6. The provisions of article 5 of the Regulations of 1978 as substituted by article 4 of the Regulations of 1991 shall not apply in relation to the granting of a wheelchair accessible public hire vehicle licence in accordance with these Regulations.

7. During the grant period which shall begin on the day on which these Regulations come into operation the Commissioner may grant not more than 50 wheelchair accessible public hire vehicle licences in respect of the Dublin taximeter area.

8. (1) Applications for wheelchair accessible public hire vehicle licences shall be made to the Commissioner.

(2) The Commissioner shall specify the period within which applications shall be made for wheelchair accessible public hire vehicle licences and shall give notice of the said period in a daily newspaper circulating in the Dublin taximeter area.

9. (1) The Commissioner shall consider applications made to him for wheelchair accessible public hire vehicle licences in accordance with the criteria set out in the Second Schedule to these Regulations.

(2) The Schedule to the Regulations of 1991 is hereby substituted by the Second Schedule to these Regulations and any reference to the Schedule to the Regulations of 1991 in those Regulations shall be construed as a reference to the Second Schedule to these Regulations.

10. (1) The Commissioner shall consider one application made to him for a wheelchair accessible public hire vehicle licence in respect of each person who makes an application.

(2) Where having regard to the criteria set out in the Second Schedule to these Regulations the number of applications on equal points for the remaining wheelchair accessible public hire vehicle licence or licences...

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