Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I move amendment No. 2:

In page 16, between lines 28 and 29, to insert the following:

“Amendment of section 3 of Principal Act

14. Section 3(1) of the Principal Act is amended in the definition of "public service vehicle" by inserting "or combination of vehicles" after "mechanically propelled vehicle".".

These amendments will create new sections 14 and 17. The purpose of the amendments is to resolve an anomaly in the regulatory framework which has come to light in recent months in relation to the use of combination vehicles for the carriage of passengers for reward. In the ordinary course, it is not permissible to carry passengers for reward in trailers. This is prohibited under regulation 39 of the Road Traffic (Construction and Use of Vehicles) Regulations 2003. However, it is open to the RSA to issue a permit under section 13 of the Road Traffic Act 1961 for, among things, the use of a trailer to carry passengers for reward.

A case arose during the course of 2013 in which the Road Safety Authority issued a permit for what is commonly referred to as a road-train. This issue was brought to my attention by Deputy Pat Deering. A road-train is a combination of vehicles comprising a drawing unit and three trailers styled as a train. This is a novelty service aimed mainly at the leisure and tourism market. Members may be familiar with a number of them that are operating around the country. Despite having authorisation from the RSA, the person seeking to develop the new road-train service encountered difficulties in obtaining a public service vehicle licence, which is a requirement under the Road Traffic Act 1961. An Garda Síochána refused to grant a large public service vehicle licence because the regulatory framework for public service vehicles provides only for the grant of such a licence for single vehicles. This was an entirely legitimate and legally correct decision on behalf of the Garda Síochána. However, this decision did highlight that there is shortcoming in the law, which, in the case mentioned, places an unjustifiable obstacle in the way of a new business development that, among other things, has the potential to contribute to our tourism project.

I propose, therefore, to modify the definition of "public service vehicle" in the Road Traffic Act 1961 and the definition of "bus" in the Public Transport Regulation Act 2009 to resolve the anomalies in this legal framework. To cut a long story short this amendment will ensure that the Garda Síochána and RSA are on solid legal grounds in licensing tourist trains, which Members may have seen in Malahide, Kilkenny and other places around the country. The existing licensing framework in this area is ambiguous and these amendments seek to sort out the problem.

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