Seanad debates

Tuesday, 19 February 2013

Taxi Regulation Bill 2012: Committee Stage (Resumed)

 

Government amendment No. 17: In page 15, before section 11, to insert the following new section: 11.?(1) A person who makes an application for a licence to drive a small public service vehicle shall, if he or she is engaged in another occupation which involves?(a) driving a vehicle, or (b) working such number of hours at an employment which exceeds the amount specified in regulations made under subsection (8),in making his or her application?(i) inform the licensing authority of this fact, and (ii) show evidence to the satisfaction of the licensing authority that he or she has informed any employer of his or hers who is connected with that occupation of his or her intention to make an application for such a licence.(2) The holder of a licence to drive a small public service vehicle, if he or she becomes engaged in another occupation which involves driving a vehicle or working in excess of the hours specified in regulations under subsection (8), shall?(a) inform in writing the licensing authority of this fact, and (b) show evidence to the satisfaction of the licensing authority that he or she has informed any employer of his or hers connected with that occupation that he or she is the holder of a licence to drive a small public service vehicle and carries on the business of driving a small public service vehicle for hire or reward.(3) Where a person who is the applicant for or the holder of a licence to drive a small public service vehicle is engaged in another occupation which involves driving a vehicle or working in excess of the hours specified in regulations made under subsection (8), the licensing authority may?(a) attach a condition to the licence restricting the number of hours that, or the times when, the person may drive a small public service vehicle for hire or reward after having been driving a vehicle or working a specified number of hours while engaged in that other occupation, or (b) if it considers that the other occupation is such that the person as a result of the number of hours the person is required or is likely to drive a vehicle, or is required to work in the other occupation and the person were to drive a small public service vehicle after being engaged in that other occupation could pose a risk to the safety of passengers in a small public service vehicle and other road users?(i) in the case of an applicant, refuse the licence, and (ii) in the case of a licence holder, revoke the licence or, until such time as the holder is no longer engaged in that other occupation, suspend the licence.(4) The licensing authority may issue documentation to a person for the purposes of subsection (3) which shall be carried by the person when he or she is driving a small public service vehicle for hire or reward. The person shall produce any such documentation, if requested to do so by an authorised person, to the authorised person. (5) Where a person who has been issued a document for the purposes of subsection (4) is not carrying the document with him or her in the vehicle when driving the vehicle for hire or reward, it shall be presumed until the contrary is shown, that he or she at the material time was driving the vehicle in contravention of the condition attached to his or her licence to drive a small public service vehicle in respect of the hours or times when he or she may drive such a vehicle for hire or reward. (6) Where an authorised officer has reason to believe that a person is driving for hire or reward a small public service vehicle during the hours or times the person is restricted from driving the vehicle for hire or reward under conditions attached to the licence to drive such a vehicle held by the person, the officer may require the person to cease driving the vehicle for hire or reward and not to ply for hire with the vehicle during the restricted hours or times. (7) A person who fails to comply with a requirement of subsection (4) or (6) commits an offence and is liable on summary conviction to a class A fine. (8) The Authority may by regulations specify the number of hours for the purposes of subsection (1)(b) and different hours may be specified for different occupations and in different circumstances. (9) A member of the Garda Síochána may, where the member is of the opinion that a person has failed to comply with a requirement of an authorised officer under subsection (1), arrest the person without warrant.".

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