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Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 64: In page 47, before section 39, to insert the following new section:39.—(1) Where an authorised person, having inspected, examined or tested under section 38 a small public service vehicle or a vehicle purporting to be such a vehicle, is satisfied—(a) that the vehicle is not roadworthy, (b) that there is a defect affecting the vehicle rendering it unfit...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 29: In page 20, subsection (1)(i), line 12, to delete “within 14 days” and substitute “not later than 21 days”.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 30: In page 20, subsection (3), line 36, to delete “within 14 days” and substitute “not later than 21 days”.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 31: In page 20, subsection (4), lines 40 and 41, to delete “class E fine” and substitute “class D fine”.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I will not be accepting this amendment. This provision under section 19 of the Bill enables the NTA to make regulations concerning standard of conduct, general behaviour, deportment or dress of persons operating SPSVs. This is a restatement and clarification of the existing provision under section 34(6) of the Taxi Regulation Act 2003, as passed by the Houses of the Oireachtas, providing...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: For a start, the Minister would not be getting into that level of detail. That is a matter for the NTA, but I do not think there are any such plans. Certainly, I have not heard of any and I would not support them.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I would say the Deputy is safe enough on that one. I am not speaking on behalf of the NTA but I reckon the Deputy is safe enough on that one.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 33: In page 28, to delete lines 1 to 3 and substitute the following:“21.—(1) This section does not apply to—(a) a person driving or using a bus (within the meaning of section 2 of the Act of 2009)—(i) in the operation of a public bus passenger service (within the meaning of section 2 of the Act of 2009), or (ii) which has been hired, other than...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 34: In page 28, subsection (2), line 12, after “vehicle” to insert “to which this section applies”.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 35: In page 28, subsection (5), line 27, to delete “subsection” and substitute “subsection (4)”.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 36: In page 29, subsection (6), lines 2 to 8, to delete all words from and including “stand;” in line 2 down to and including “passengers.” in line 8 and substitute “stand.”.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I understand that the intention underpinning these amendments is to limit the scope for the discounting of taxi fares. While I will not be accepting the amendments, I have some sympathy with the proposal, which seeks to address the concerns of many taxi drivers who feel that they are regularly being undercut by other taxi operators. This is one of a number of amendments with which I have...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I accept the spirit in which this amendment was tabled and I believe the issue can be dealt with.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: 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...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: It is not possible for me to accept amendment No. 26, although I have considerable sympathy for the Deputy. I want to gain some technical details because we must take some serious advice on the issue. I have sympathy for the frustrations of many operators in the industry on it. The number who have sought to get into the industry under the stamp 2 provisions is not as high as one might...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: To be honest, I do not know the intricacies of the taxi industry across Europe. I can verify, however, that the stamp 2 visa issue is primarily one for the Department of Justice and Equality. I understand there are probably trans-European principles or unwritten agreements in this space as regards students, etc. Broadly, they are probably necessary. We send students around Europe as much...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 27: In page 20, before section 16, to insert the following new section:16.—(1) Subject to subsection (2), where a company holds a licence, in the event of a change in control of the company—(a) the licence stands revoked from the date of the change in control, and (b) the company shall notify in writing the Authority of the change in control and return the...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I move amendment No. 28: In page 20, subsection (1)(a), line 7, after “than” to insert “a revocation”.These are drafting amendments. Amendment No. 28 clarifies that a revocation of a licence under section 45, issued by a court judge upon conviction of an offence, is excluded from the obligations under section 16 to return a licence, badge, disc or other signage,...

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: It is not clear why it is proposed to delete this part of section 12, as the Deputy has also proposed an amendment to provide that decisions made under section 12 should be subject to independent review.

Committee on Transport and Communications: Select Sub-Committee on Transport, Tourism and Sport: Taxi Regulation Bill 2012: Committee Stage (25 Sep 2013)

Alan Kelly: I understand. It is like a domino effect. I cannot agree to the deletion of section 12, which provides for the revocation of a licence or in some circumstances the suspension of a licence. The Deputy has clarified his position. Action 22 of the taxi regulation review report recommended the commencement of section 35 of the Taxi Regulation Act 2003 concerning the appeal of a decision to...

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