Timmy Dooley (Clare, Fianna Fail)

I move amendment No. 4a:

In page 11, before section 11, to insert the following new section:

11.—(1) Where a vehicle is about to be used for the purposes of the road transport business of an operator under an operator's licence or a Community licence, the operator shall give to the person who is to act as driver of the vehicle while it is being so used a true copy of the licence or a certified copy of a Community licence, as the case may be, showing the vehicle to be authorised, and where appropriate a driver attestation, and those documents shall be kept in the vehicle.

(2) A member of the Garda Síochána or a transport officer may demand of any person driving a vehicle which the member or transport officer believes to be engaging in road transport operations the production for inspection of a copy of the operator's licence or a certified copy of a Community licence showing the vehicle to be authorised and, where appropriate, a driver attestation.

(3) Where any person driving a vehicle which the member or transport officer believes to be engaging in road transport operations—

(a) fails or refuses to produce for inspection of a copy of the operator's licence or a certified copy of a Community licence showing the vehicle to be authorised and, where appropriate, a driver attestation to a member of the Garda Síochána upon request, or

(b) refuses or fails to permit such member or officer to read a copy of the operator's licence or a certified copy of a Community licence showing the vehicle to be authorised and, where appropriate, the member or transport officer shall serve, or cause to be served, personally or by post, on the operator a notice under this section.

(4) A transport disc shall be displayed on or affixed to the vehicle to which it relates in a visual manner so that it may be inspected by a transport officer or member of the Garda Síochána.

(5) Where an inspection takes place by a transport officer or member of the Garda Síochána and transport disc is not displayed on or affixed to the vehicle to which it relates in accordance with subsection (4), the member or transport officer shall serve, or cause to be served, personally or by post, on the operator a notice under this section.".

This amendment is somewhat technical in nature. The desire is to take away the necessity to penalise drivers for not displaying licences. Taking into account the small number of vehicles concerned, relative to the number of vehicles on the road, and recognising that the licence register is accessible on the Internet, the necessity to display a licence is not great and it is not necessary to levy a fine for not displaying a licence. That is what the amendment seeks to address.

See this speech in context