Written answers

Tuesday, 17 February 2015

Department of Transport, Tourism and Sport

Taxi Regulations

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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539. To ask the Minister for Transport, Tourism and Sport if he will provide details of the new taxi regulations; if persons who previously had convictions will now be suspended, even if they already have served a period without a licence, due to the conviction, on applying first; his views that this amounts to two penalties for the same conviction, and over and above whatever penalties or sentence that were applied by the courts; and if he will make a statement on the matter. [6959/15]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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Part 4 of the Taxi Regulation Act 2013, commenced on 6 April 2014, provides for the mandatory disqualification for holding a small public service vehicle (SPSV) drivers licence upon conviction for specified offences. The specification of offences to which mandatory disqualification applies is based on the principle of ensuring the welfare and safety of passengers.

In the case of the most serious indictable offences specified under section 30 (2) of the Act, the disqualification applies whether the person has been convicted before or after the commencement of that subsection. However, where a disqualification arises from convictions obtained before the commencement of the Act, the disqualification is suspended for a period of 12 months from that commencement. During that period an application may be made by the person to the appropriate court to be allowed continue to hold his or her licence.

The appropriate court in determining whether to grant or refuse such application is required by the Act to have regard to a range of matters of specified matters which include consideration of any sanctions already imposed for a relevant conviction.

I understand that, subsequent to the commencement of the Taxi Regulation Act 2012, the National Transport Authority, which is the regulator for the sector, contacted holders of SPSV driver licences advising them of the new provisions in relation to mandatory disqualification and also informing them of the right to make an appeal to the courts where applicable.

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