Alan Kelly (Tipperary North, Labour) | Oireachtas source

I move amendment No. 49:

In page 33, before section 26, to insert the following new section:26.—(1) A person shall not promote, offer or advertise the service of a small public service vehicle for hire when at the time of the promotion, offer or advertisement the person does not hold a licence to provide the service for which the vehicle is to be hired or there is no licence in force in respect of a small public service vehicle to which the promotion, offer or advertisement relates.

(2) A person who contravenes this section commits an offence and is liable on summary conviction to a class A fine.
(3) An authorised person may enter any premises (other than a private dwelling, without the consent of the occupier of the dwelling) or place where he or she has reasonable grounds to believe that a person is promoting, offering or advertising the service of a small public service vehicle for hire and—

(a) inspect the premises or place and any promotional or advertising material or printed matter or information (in whatever form held) relating to the hire of a small public service vehicle,
(b) request such information as is reasonable from any person whom he or she suspects is promoting, offering or advertising such services, and
(c) require the name and address of the person.

(4) Where an authorised person is satisfied that a person is promoting, offering or advertising services contrary to subsection (1), he or she may—

(a) seize and detain printed matter or material relating to such services, and
(b) require any person he or she considers is promoting, offering or advertising such services to immediately cease that activity.

(5) A person who claims an interest in printed matter or materials seized under subsection (4)(a) may, not later than 30 days after the date on which the thing was seized, apply to a judge of the District Court within whose district the seizure was effected for an order directing the return to that person of the matter or material and the judge shall, on the hearing of the application—

(a) if satisfied that the seizure under subsection (4)(a) was properly carried out, confirm the seizure and detention, or
(b) if not so satisfied, order the return to the person of the matter or material seized.

(6) A judge of the District Court may adjourn the hearing of an application made to him or her under subsection (5) until the conclusion of any proceedings under subsection (8) relating to the matter concerned.
(7) Where a person who claims an interest in matter or material seized and detained under subsection (4)—

(a) does not make an application to the District Court within the period referred to in subsection (5) or does make such an application within that period and the Court dismisses the application or the person withdraws it,
or
(b) does not apply within the relevant time for its release, the Authority may dispose of it.

(8) A person who—

(a) obstructs an authorised person in seizing or detaining matter or material under subsection (4)(a), or
(b) fails to comply with a requirement of an authorised person under subsection (4)(b),

commits an offence and is liable on summary conviction to a class A fine.”.

This proposed new section makes it an offence to promote, offer or advertise an unlicensed small public service vehicle.

I doubt Deputies would have a concern about this because it is an anomaly that needed to be dealt with. The NTA has received a substantial number of complaints about persons offering unlicensed vehicles for booking online, in newspapers and other publications and at venues such as wedding fairs. This is a source of significant frustration for licensed operators who operate licensed vehicles. Wedding cars are displayed at wedding fairs and bookings for them are taken on the day of the fair. However, at the time of booking the vehicle is not licensed. If operators are unlicensed the NTA enforcement officers have no right to examine their records and see what bookings they have taken. Up until they provide the service, they have done nothing illegal. This makes it virtually impossible to enforce the provisions. It is an unforeseen anomaly.

Without knowing what bookings were taken, the NTA enforcement officers cannot know where and when the service will be operated in order to confirm the contravention, notwithstanding the practical issues with stopping wedding or funeral vehicles. On a policy level, this practice of being permitted to advertise while unlicensed, and take bookings for services which are, in general, regulated from a public safety perspective, is encouraging unlicensed activities and is detrimental to the operation of the regulatory system. This is another instance in which I am seeking to ensure that the NTA has the tools at its disposal to protect the interests of compliant service providers. We need to deal with this anomaly and I would appreciate the Deputies' co-operation.