Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I thank Senator Nash for raising this issue, which is one that has obviously caused great distress. I wish to express my sympathy for the widow on the death of her husband in this case. I understand the distress she is suffering and the expectation that she might have received something that she has not. My guess is that the human elements of this are extremely worrying for the family and that we probably have uncovered a somewhat complicated issue that has the capacity to cause unexpected distress to bereaved people, something they could do without at a time of grieving.

As the Senator is probably aware, under the Taxi Regulation Act 2013, the NTA is the independent regulator of the taxi, hackney and limousine sectors. Technically, these are known in the legislation as small public service vehicles or SPSVs. Section 15 of the Act deals with the transfer of SPSV licences in the event of death. The 2013 Act sets out new rules and arrangements relating to licences for small public service vehicles. It took account of a review of the taxi industry conducted in 2011. Recommendations arising from the review were widely publicised at the time through the media, the NTA website and industry updates. Action 14 of the published report recommended the introduction of a general prohibition of the transferability of taxi licences. The measure was provided for in section 41 of the Taxi Regulation Act 2013, which was commenced with effect from 6 April 2014.

Provision was made in section 15 to enable the reassignment of an SPSV licence in the event of the death of the licenceholder. Under the law, a licenceholder can formally nominate someone to take over the licence when the holder dies. The Act sets out rules governing the process. The provision applies to all categories of SPSV, including taxi, hackneys, limousines, wheelchair-accessible taxis and wheelchair-accessible hackneys. This process relates to the licence for the vehicle to be used as a public vehicle. Obviously, in the interests of public safety and consumer protection, the vehicle is still required to meet the normal safety standards set for SPSVs and the new driver must meet the requirements for an SPSV driver licence.

The NTA is the independent regulator and administers the process for these formal nominations and reassignments of vehicle licences. The NTA website has details about the process and the relevant forms. The nomination form and an information guide can be collected in hard copy at all NTA inspection centres or when requested through the industry information line.

The industry is regularly requested to complete this free nomination process through the SPSV industry updates newsletter. I am told that these forms are also handed to licenceholders or their representatives after every annual vehicle inspection. The NTA has informed me that it urges all SPSV licenceholders to submit a completed nomination form.

I am aware that there have been cases where licenceholders have passed away without completing this form. I am asking the NTA to consider raising the level of awareness of the nomination process. I strongly support the NTA in encouraging SPSV licenceholders to complete the nomination form and I advise all SPSV licenceholders to take the time to complete this form as soon as possible.

We have a really difficult situation here, which obviously is not unique. However, we also have a situation whereby it would be extraordinarily difficult to retrospectively anticipate the wishes of anyone in this predicament.