Alan Kelly (Tipperary North, Labour) | Oireachtas source

I move amendment No. 83:

In page 53, before section 48, but in Part 6, to insert the following new section:“PART 7
OTHER NON-TAXI SERVICES
CHAPTER 1
Community Transport Service
48.—In this Part—

“approved community transport service” means a community transport service granted an exemption;
“approved vehicle” means a mechanically propelled vehicle approved by the Authority for the purpose of the carriage of passengers in respect of a community transport service;
“approved volunteer driver” means a driver approved by the Authority to drive an approved vehicle to carry a passenger in the course of providing a community transport service;
“charity” means a body of persons or a trust established for charitable purposes only;
“charitable tax exemption” means an exemption from income tax granted, under section 207 of the Taxes Consolidation Act 1997, by the Revenue Commissioners to a charity;
“community transport service” means a transport service provided—

(a) by a person concerned for the social and welfare needs of one or more communities,
(b) without a gain for the person providing the service or another, and
(c) where the fare or payment for a journey or in respect of passengers using the service does not exceed the cost of providing the service in respect of the journey;

“exemption” means an exemption, granted to the operator of a community transport service under section 50**, from the requirements of licensing regulations;
“volunteer driver” means a person who drives a mechanically propelled vehicle in the course of providing a community transport service and receives no reward for his or her services other than the payment to him or her of any reasonable costs and expenses incurred by him or her.”.

Amendments Nos. 83 to 93, inclusive, constitute a new part of the Bill which provides for the application and grant of an exemption from the prohibition on operating an SPSV service without a licence under section 21 of the Bill. This will remove any ambiguity concerning the continued operation of services such as community transport services and other non-taxi services in the context of licensing requirements under the Bill. This issue has been raised with me by Members from all parties across the House.

Chapter 1 provides for the process of application and grant of exemption by the authority. The criteria for the grant of an exemption are set out in chapter 1. For example, with regard to community transport services, these are differentiated by the fact that they have a charitable tax exemption and are provided for on a non-for-profit basis. Many of these community transport services are currently operated under the rural transport programme which is administered by the NTA and for which I have a responsibility.

Chapter 2 provides for the exemption of other non-taxi services from the SPSV regulations, as specified by regulations by the NTA, setting out the conditions for the grant of such an exemption. The chapter sets out the conditions under which such exemptions can be made - that the vehicle is not being used in the course of carrying on a business; and that the driver receives no reward or gain; or is operating the vehicle under a contract of employment for the carriage of the person who owns or is in possession of the vehicle.

Chapter 3 provides for administration of the exemptions, including a process of representation and appeal with regard to decisions of the NTA concerning exemptions for fees or a register of exemptions, and for the powers of authorised persons to enforce the exemptions to ensure that the holder of the exemption is operating services in accordance with the exemption as granted by the NTA in its terms and conditions.

These amendments are essentially to establish a clear regulatory framework that takes account of the variety of services now being provided and to ensure that the offence provisions in the Act are clearly targeted.

I have received representations on this issue from a broad political spectrum in order to deal with an anomaly that has continued for many years. That is why I have chosen to deal with it in this part of the Bill. It took a while to introduce the legal clarities but I am now happy to do so. I ask members of the select sub-committee for their support in this regard.