Alan Kelly (Tipperary North, Labour) | Oireachtas source

I move amendment No. 16:

In page 15, before section 11, to insert the following new section:11.—(1) Where a person who makes an application for a licence to drive a small public service vehicle is engaged in another occupation, the person when making the application shall—

(a) inform the licensing authority of this fact and the nature of the occupation and, if employed by another, the name and principal business address of the employer, and
(b) where the other occupation involves driving a vehicle, show to the satisfaction of the licensing authority, that he or she has informed in writing any employer of his or hers connected with that occupation, of his or her intention to make an application for the licence.

(2) Where the holder of a licence to drive a small public service vehicle becomes engaged in another occupation, the person shall—

(a) inform in writing the licensing authority of this fact and the nature of the employment and, if employed by another, the name and principal business address of the employer, and
(b) where the other occupation involves driving a vehicle, show to the satisfaction of the licensing authority, that he or she has informed in writing any employer of his or hers connected with that other occupation, that he or she is the holder of a licence to drive a small public service vehicle and carries on the business of driving a small public service vehicle for hire or reward.

(3) Subsection (1)(b) or (2)(b) does not apply to a vehicle used solely in connection with agricultural activities on a farm.
(4) A person who fails to inform the licensing authority of the information required under this section or gives such information to the licensing authority knowing it to be false or misleading commits an offence and is liable on summary conviction to a class A fine.”.

Action 3 of the taxi regulation review report 2011 aims to ensure, in the case of part-time drivers, improved compliance with working time legislation. The issue came under the spotlight in the "Prime Time Investigates" programme broadcast in May 2011 whereby part-time SPSV drivers were found to be engaged in other employment driving public service vehicles and driving excessively long hours at a risk to the safety of passengers, themselves and other road users. I am sure all of the Deputies present are aware of the issue.

While the policy principle underpinning the section concerning the regulation of SPSV drivers' hours for the purposes of passenger and road safety is sound, I am informed by the advisory counsel in the Attorney General's office that some aspects of section 11, depending on how it is interpreted and applied, could give rise to a legal challenge concerning a person's rights. The amendment will allow for an obligation on a licence applicant or holder in the case of all other employment to inform the authority and that in the case of other employment involving driving a vehicle the person has an added obligation to show to the authority that the employer has been notified.

I am assured by the advisory counsel that such a provision will not raise difficulties in terms of constitutional rights or rights under the European Convention on Human Rights. It is entirely reasonable that the Oireachtas can require that an employer, where the other occupation involves driving, be aware of the fact that an employee may be driving a taxi in order that the employer in question can satisfy himself or herself that the employee is capable of safely discharging driving activities connected with his or her employment. The provisions of section 11 will relate to the NTA powers under section 19 to make SPSV regulations concerning the period a driver may drive an SPSV, which would apply to both whole-time and part-time taxi drivers, and the intervals of rest between driving an SPSV having driven a vehicle in the course of other employment. In addition, the section makes it an offence under section 11(4) to fail to provide for the licensing authority the information on other occupations required by the section. The offence under section 11(4) is proposed as a fixed payment offence for the purposes of section 46 and as a demerit offence for the purposes of Part 5 of the Bill.