Alan Kelly (Tipperary North, Labour) | Oireachtas source

Amendment No. 8 provides that the authority can specify in regulations under section 7 the period within which a renewal application must to be made before the licence expires. Amendment No. 10, which relates to section 9, provides that the licensing authority can determine the documentation, information and fees that constitute a complete application. The authority can also refuse to grant an application for renewal if such documentation, information or fees are not submitted within the prescribed period. This is a necessary provision that addresses the problem of incomplete licence renewal applications, which can result in a licence continuing in force for a number of months until the licensing authority can successfully pursue the licence holder for the necessary accompanying documentation, information or fees.

Amendments Nos. 9 and 11 are minor drafting amendments. Amendment No. 12 clarifies that an application under section 9(14) means an application that is complete with documentation, information and fees. Amendment No. 13 provides for the definitions of the terms "appropriate fee" and "tax clearance certificate" which are required under the section. Collectively, these measures are intended to ensure that the licensing regime is operated in a fair and coherent manner.

Amendment No. 14 arises from action 3 of the taxi regulation review report 2011 and is designed to ensure, in the case of part-time drivers, improved compliance with working time legislation. This issue came under the spotlight in the "Prime Time Investigates" programme in May 2011 - of which Senators are well aware - whereby part-time SPSV drivers were found to be engaged in other employment, namely, driving public service vehicles and were driving excessively long hours at a risk to the safety of passengers, themselves and other road users. While the policy principle underpinning the section concerning regulation of SPSV drivers' hours for the purpose of passenger and road safety is sound, I am informed by advisory counsel from the Attorney General's office that some aspects of section 11, as passed by this House, could depending on how it is interpreted and applied, give rise to legal challenge concerning a person's rights. Amendment No. 14 will provide for an obligation on the part of a licence applicant or holder, in the case of all other employments and in respect of other employment which involves the driving of a vehicle, to inform or show evidence to the authority that his or her employer has been notified. I am assured by advisory counsel that such a provision will not raise any difficulties in terms of constitutional rights or rights under the European Convention on Human Rights. It is entirely reasonable that the Oireachtas can require that an employer, where the other occupation involves driving, be aware of the fact that an employee may be driving a taxi so that the employer in question can be satisfied that the employee is capable of safely discharging any driving activities connected with his or her employment.

The section 11 provisions relate to the NTA powers under section 19 to make SPSV regulations concerning the period of time for which a driver may drive an SPSV - which applies to both whole-time and part-time taxi drivers - and the intervals of rest between driving an SPSV after having driven a vehicle in the course of other employment. In addition, under subjection 11(4) it will be an offence to fail to provide to the licensing authority the information concerning other occupations that is required under section 11. Amendment No. 32 is technical in nature. It will facilitate the inclusion of the proposed offence under subsection 11(4) under the demerit scheme in Part 5. Subsection 11(4) relates to the contravention of the requirement to inform the licensing authority of information in respect of another occupation as required under the proposed section 11. Amendment 34 is also a technical amendment which provides for the inclusion of the proposed offence under subsection 11(4) in the demerit table in section 33.

I am sure Senators will agree that we have taken on board the advice provided by the advisory council in respect of this issue. We also took on board comments made in this House.