Seanad debates

Wednesday, 30 November 2011

Road Transport Bill 2011: Committee and Remaining Stages

 

4:00 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)

As far as I understand it, the amendment would allow an operator to hire a vehicle from another operator and to operate it as part of his or her transport business, even while the vehicle in question was still authorised on another operator's licence. We are concerned that the amendment would create a loophole in the law, thereby creating legal uncertainty about who should be prosecuted if such a vehicle was involved in an accident or if the vehicle was in breach of safety or other rules. Currently, if an operator hires a vehicle from another operator, the vehicle must be insured in the name of the new operator and authorised on his or her licence. There is no need to have the vehicle registered or taxed again. The hire agreement is sufficient for the Department to show the standing of the vehicle. The vehicle is simultaneously removed from the licence of the first operator. This ensures legal certainty so that enforcement officers can know that any vehicle being operated by a licensed operator will be authorised on that operator's licence only. All the licensing documentation will be in that operator's name only.

If an operator was allowed to hire a vehicle from another licensed operator, but was not then required to have that vehicle authorised on his or her own licence, this would create considerable enforcement difficulties as well as potential liability difficulties in the case of accidents. The Department is not aware of either the haulage or passenger sectors having looked for this provision. Certainly, where operators hire vehicles from each other, the transfer of one licence to another in the Department typically takes one or two days.

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