Alan Kelly (Tipperary North, Labour) | Oireachtas source

Amendment No. 25 provides in subsection 21(1) of the Bill for the exclusion from the prohibition on operating without an SPSV licence under section 21 for a person driving or using a bus and a person driving or using a mechanically propelled vehicle under the proposed new Part 7, namely, a community car service or other non-taxi service specified under that Part. Amendments Nos. 26 to 28 are drafting amendments.

Amendment No. 29 inserts a new provision in section 26 of the Bill making it an offence to promote, offer or advertise an unlicensed SPSV. This issue was raised with me by a number of Members. The NTA has received a substantial number of complaints in respect of persons offering unlicensed vehicles for booking online, in newspapers and publications and at venues such as wedding fairs. This is a source of very significant frustration for licensed operators in these market sectors who operate fully licensed vehicles. In particular, in the case of wedding cars, such cars are displayed at wedding fairs and bookings for them taken on the day of the fair. However, at the time of booking, the vehicle is not licensed. If operators are unlicensed, the NTA enforcement officers have no rights to examine their records and see what bookings they have taken. Up until they provide the service, they have done nothing illegal. This makes it virtually impossible to enforce the matter. Without knowing what bookings were taken, the NTA enforcement officers cannot know where and when the service will be operated in order to confirm the contravention - notwithstanding the practical issues with stopping wedding or funeral vehicles which would obviously be an issue given the occasion. On a policy level, this practice of being permitted to advertise while unlicensed and take booking for services which are, in general, regulated from a public safety perspective, is encouraging unlicensed activities and is detrimental to the operation of the regulatory system. It is a purely practical amendment and I would ask for that to be supported.