Alan Kelly (Tipperary North, Labour) | Oireachtas source

Amendments Nos. 59 to 69 constitute a new Part of the Bill to provide for the application and grant of exemptions from the prohibition on the operation of an SPSV service without a licence under section 21. This will remove any ambiguity concerning the continued operation of services such as community transport service and other non-taxi services in the context of the licensing requirements under the Bill.

This issue has been raised with me by virtually every corner of the political spectrum in the country.

Chapter 1 provides for the process of application and grant of the exemption by the authority. The criteria for the grant of an exemption are set out in Chapter 1. For example, community transport services are differentiated by their operation on a not-for-profit basis. Many such services are operated under the rural transport programme, which is administered by the National Transport Authority, NTA, under my guidance.

Chapter 2 provides for the exemption of other non-taxi services from the small public service vehicle, SPSV, regulations, as specified in regulations by the NTA setting out the conditions for the grant of such an exemption. The chapter sets out the conditions under which such exemptions can be made, those being, the vehicle is not being used in the course of carrying on a business and the driver is in receipt of no reward or gain or is not operating the vehicle under a contract of employment for the carriage of the person who owns or is in possession of the vehicle, for example, chauffeur services.

Chapter 3 provides for the administration of the exemptions, including a process of representation and appeal with regard to decisions of the NTA concerning exemptions for fees, a register of exemptions and for the power of authorised persons to enforce the exemptions so as to ensure that the holder of the exemption is operating services in accordance with the exemption, as granted by the NTA, and its terms and conditions. This proposal has been welcomed by everyone who has contributed to this debate. The issue needed to be addressed, particularly in respect of community car and transport services in rural Ireland.