S.I. No. 111/1977:

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (AMENDMENT) REGULATIONS, 1977.

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (AMENDMENT) REGULATIONS, 1977.

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) Regulations, 1977.

(2) These Regulations and the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1976 shall be construed together and may be cited as the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1977.

(3) In these Regulations "the Principal Regulations" means the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ) as amended by the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1970 ( S.I. No. 200 of 1970 ) and the Road Traffic (Public Service Vehicles) (Amendment)) (No. 3) Regulations, 1970 ( S.I. No. 252 of 1970 ).

2. There shall be substituted for article 7 of the Principal Regulations the following article--

"7. (1) Subject to sub-article (2) of this article, a person shall not use a vehicle as a public hire vehicle in a taximeter area unless--

(a) there is fitted to the vehicle a taximeter complying with these Regulations, and

(b) with effect from the 1st day of July, 1977 the vehicle bears an orange stripe nine inches in width painted from side to side on the front and on the rear of its roof and the remainder of the roof is of a colour which is readily distinguishable from the orange stripes.

(2) Sub-article (1) of this article shall not operate so as to prohibit in a taximeter area the carriage of persons for a reward in a small public service vehicle which is not fitted with a taximeter or which does not bear orange stripes in accordance with that sub-article where the contract to carry such persons is made outside the taximeter area."

3. Sub-article (4) of article 20 of the Principal Regulations is hereby revoked.

4. A licence for a small public service vehicle shall remain in force for a period of one year from the date of its grant or, where it was granted prior to the coming into operation of these Regulations, until the expiration of the period for which it was expressed to be in force, or, in every case, until the sooner--

(1) surrender or revocation of the licence, or

(2) change of ownership of the vehicle in respect of which the licence was granted (other than on the continuance in force of the licence in the name of the new owner of the vehicle in accordance with article 15 of these Regulations or on a devolution of the ownership on the personal representative of an owner who has died).

5. Sub-article (2) of article 21 of the Principal Regulations is hereby amended by the substitution of the words "A licence for a large public service vehicle" for the words "A public service vehicle licence" in each place where the latter words occur.

6. Sub-article (2) of article 22 of the Principal Regulations is hereby revoked.

7. Paragraphs (b) (i), (b) (ii), (b) (iii) and (b) (iv) of sub-article (1) of article 31 of the Principal Regulations are hereby revoked.

8. (1) A fee of £20 shall be payable in respect of the inspection and examination of a vehicle pursuant to article 33 of the Principal Regulations (as amended by article 9 of these Regulations) in the case of the first application by a person for a licence for a small public service vehicle in respect of that particular vehicle.

(2) A fee of £7 shall be payable in respect of the grant of a licence for a small public service vehicle.

(3) The fees payable under this article shall be paid to the licensing authority, within the meaning of Part III of the Road Traffic Act, 1961 , in whose functional area the owner of the vehicle ordinarily resides, at the office designated by such licensing authority for that purpose and shall be disposed of by the licensing authority in the manner prescribed in sub-article (1) of article 6 of the Road Vehicles (Registration and Licensing) Order, 1958 ( S.I. No. 15 of 1958 ).

9. There shall be substituted for sub-article (1) of article 33 of the Principal Regulations the following sub-article--

"(1) (a) The Commissioner or an officer of the Garda Síochána authorised by the Commissioner in that behalf may, at any time and as often as he thinks fit, cause any licensed large public service vehicle to be inspected and examined by a member of the Garda Síochána or other person who is properly qualified to make such an inspection and examination and the Commissioner or such authorised officer shall cause every such vehicle to be so inspected and examined at least once a year.

(b) The Commissioner or an officer of the Garda Síochána authorised by the Commissioner in that behalf may, at any time and as often as he thinks fit, cause any small public service vehicle to be inspected and examined by a member of the Garda Síochána or other person who is properly qualified to make such an inspection and examination and in any event shall cause any such vehicle to be so inspected and examined after an application is made for the grant of a licence under article 20 of the Principal Regulations and before the grant of such licence."

10. Paragraph (b) of sub-article (2) of article 34 of the Principal Regulations is hereby revoked.

11. There shall be substituted for paragraph (c) of sub-article (3) of article 34 of the Principal Regulations the following paragraph:--

"(c) is not engaged in any occupation which, in the opinion of the Commissioner, is likely to impair his efficiency or to conflict with his responsibilities or to be incompatible with his employment as a driver of small public service vehicles,".

12. Sub-article (2) of article 35 of the Principal Regulations is hereby amended by the substitution of the word "one" for the word "three".

13. There shall be substituted for sub-articles (1) and (2) of article 41 of the Principal Regulations the following sub-articles:--

"(1) A fee of £10 shall be payable in respect of the first application by a person for a licence to drive small public service vehicles.

(2) A fee of £3 shall be payable in respect of the grant of a licence to drive small public service vehicles."

14. Sub-article (4) of article 41 of the Principal Regulations is hereby amended by the substitution of "£2" for "£1".

15. On a change of ownership of a vehicle (other than devolution of the ownership on the personal representative of an owner who has died) in respect of which a licence for a small public service vehicle is for the time being in force--

(1) the holder of the licence shall, within seven days of such change, send to the Commissioner or authorised officer who granted the licence, the licence together with particulars of the name and address of the new owner of the said vehicle,

(2) the new owner of the vehicle may apply to the Commissioner for the continuance in force of the licence granted in respect of the vehicle and shall furnish with the application such particulars as would be required to accompany an application for the grant of a licence under article 20 of the Principal Regulations,

(3) such licence shall continue in force and be held by the new owner where the Commissioner is satisfied that he would grant a licence to the new owner if an application for the grant of a licence under article 20 of the Principal Regulations were made to him at that time by the new owner.

16. Article 14 of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1970 is hereby revoked.

GIVEN under the Official Seal of the Minister for Local Government this 19th day of April, 1977.

JAMES TULLY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations standardise the conditions of licensing of small public service vehicles and drivers of such vehicles, and in particular--

(a) provide for annual licensing for small public service vehicle and driver licences,

(b) require that as from 1st day of July, 1977, public hire vehicles in taximeter areas shall bear orange stripes painted on the front and on the rear of the roof,

(c) withdraw the requirement that in certain circumstances, vehicles for which licences are applied should be under two years old,

(d) provide that, on a transfer of ownership of a vehicle in respect of which a small public service vehicle licence is in force, the new owner may apply to the Garda Commissioner for the continuance in force of that licence, and

(e) provide for revised fees for small public service vehicle and driver licences and drivers' badges.