Alan Kelly (Tipperary North, Labour) | Oireachtas source

Section 31(1) provides for demerits to be endorsed on driver licence records held by the National Transport Authority, NTA, where the alleged offender makes a payment pursuant to a notice for a fixed charge offence issued by the Garda or a fixed payment notice issued by the NTA. Amendment No. 49 relates to the demerits to be applied in respect of offences arising under the small public service vehicle, SPSV, regulations made by the NTA under section 17. This amendment provides that no demerits are applied for substantial breaches of regulations made by the NTA under section 17. This is appropriate, as fixed payment penalties are not expected to be applied for such breaches. Rather, they should be prosecuted before the courts, which would, on conviction, result in the imposition of demerits. For non-substantial breaches, there is no change to the Bill, which provides for one demerit where a fixed penalty is made and two demerits on conviction.

I am reflecting on all of these issues as they relate to demerits. Further amendments may be tabled on Report Stage. In the near future, I will also consult various taxi groups and the Irish Taxi Council.

Amendment No. 50 concerns the demerits to be applied for offences under section 19(5) or (6). These offences relate to the prohibition on the provision of SPSV vehicles' services without appropriate vehicle and driver licences. This proposal is intended to reflect the fact that such serious offences are not appropriate for fixed payment penalties, but should be prosecuted before the courts. The number of demerits on conviction is reduced from five to four.