Alan Kelly (Tipperary North, Labour) | Oireachtas source

These amendments provide that demerits, under Part V of the Bill, will only apply to substantial breaches of the SPSV regulations under section 19. Representatives of the taxi industry indicated their concern about attaching demerits to minor breaches of SPSV regulations. Their view is that it could potentially, very quickly, lead to suspension of SPSV licences for what are minor matters and that it was too harsh. I have reviewed the offences and sought to provide a degree of proportionality to the application of penalties for breaches of the SPSV regulations under section 19. The amendment allows the NTA, in regulations, to specify what it considers substantial breaches of the SPSV regulations. With regard to breaches of the SPSV regulations that warrant demerits, demerits will only be applied on conviction. Such substantial breaches will give rise to a prosecution before the courts. The imposition of a fixed fine is inappropriate to such breaches.