(as amended by subsequent enactments) in respect of a mechanically propelled vehicle to produce evidence or specified evidence showing either that such person is an exempted person or that when the licence so applied for comes into operation there will be in force an approved policy of insurance or an approved guarantee or an approved combined policy and guarantee covering the driving of such vehicle by such person or by other persons on his order or with his consent.
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Certificate of insurance and certificate of guarantee.
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68.—(1) Whenever a vehicle insurer issues to any person an approved policy of insurance or an approved combined policy and guarantee such vehicle insurer shall give to such person the prescribed number of certificates (each of which is referred to in this Act as a certificate of insurance) in the prescribed form certifying that such approved policy of insurance or approved combined policy and guarantee has been so issued and stating the prescribed particulars of such policy or policy and guarantee.
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(2)Whenever a vehicle insurer or a vehicle guarantor issues to any person an approved guarantee such vehicle insurer or vehicle guarantor shall give to such person the prescribed number of certificates (each of which is referred to in this Act as a certificate of guarantee) in the prescribed form certifying that such approved guarantee has been issued and stating the prescribed particulars of such guarantee.
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(3)For the purposes of this section, every renewal of an approved policy of insurance, an approved combined policy and guarantee, or an approved guarantee shall be deemed to be an issue of an approved policy of insurance, an approved combined policy and guarantee, or an approved guarantee, as the case may be.
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Effect of certificate of insurance or of guarantee.
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69.—(1) Whenever a vehicle insurer has issued a certificate of insurance certifying that an approved policy of insurance has been issued by such vehicle insurer to a specified person (in this sub-section referred to as the insured), then— (a) if and so long as no such policy as described in such certificate has been issued by such vehicle insurer to the insured, such vehicle insurer shall, as between himself and any other person except the insured, be deemed to have issued to the insured an approved policy of insurance conforming in all respects with the description and particulars stated in such certificate, and (b) if such vehicle insurer has issued to the insured such policy as is described in such certificate but the actual terms of such policy are less favourable to persons claiming under or by virtue of such policy against such vehicle insurer, either directly or through the insured, than the particulars of such policy as stated in such certificate, such policy shall, as between such vehicle insurer and any other person except the insured, be deemed to be in terms conforming in all respects with the said particulars stated in the said certificate.
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(2)Whenever a vehicle insurer has issued a certificate of insurance certifying that an approved combined policy and guarantee has been issued by such vehicle insurer to a specified person (in this sub-section referred to as the insured), then— (a) if and so long as no such combined policy and guarantee as is described in such certificate has been issued by such vehicle insurer to the insured, such vehicle insurer shall, as between himself and any other person except the insured, be deemed to have issued to the insured an approved combined policy and guarantee conforming in all respects with the description and particulars stated in such certificate, and (b) if such vehicle insurer has issued to the insured such combined policy and guarantee as is described in such certificate but the actual terms of such combined policy and guarantee are less favourable to persons claiming under or by virtue of such combined policy and guarantee against such vehicle insurer, either directly or through the insured, than the particulars of such combined policy and guarantee as stated in such certificate, such combined policy and guarantee shall, as between such vehicle insurer and any other person except the insured, be deemed to be in terms conforming in all respects with the said particulars stated in the said certificate.
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(3)Whenever a vehicle guarantor has issued a certificate of guarantee certifying that an approved guarantee has been issued by such vehicle guarantor to a specified person (in this sub-section referred to as the principal debtor), then— (a) if and so long as no such guarantee as is described in such certificate has been issued by such vehicle guarantor to the principal debtor, such vehicle guarantor shall, as between himself and any other person except the principal debtor, be deemed to have issued to the principal debtor an approved guarantee conforming in all respects with the description and particulars stated in such certificate, and (b) if such vehicle guarantor has issued to the principal debtor such guarantee as is described in such certificate but the actual terms of such guarantee are less favourable to persons claiming under or by virtue of such guarantee against such vehicle guarantor, either directly or through the principal debtor, than the particulars of such guarantee as stated in such certificate such guarantee shall, as between such vehicle guarantor and any other person except the principal debtor, be deemed to be in terms conforming in all respects with the said particulars stated in the said certificate.
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(4)Nothing in this section shall render a certificate of insurance or a certificate of guarantee liable to any stamp duty to which such certificate would not have been liable if this section had not been enacted.
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Certificate of exemption.
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70.—A vehicle insurer, vehicle guarantor, or exempted person may at any time issue one or more certificates (each of which is in this Act referred to as a certificate of exemption) in the prescribed form in respect of any mechanically propelled vehicle owned by him certifying that such vehicle is owned by him and stating the prescribed particulars in respect of his liability for injury occasioned by the negligent driving of such vehicle.
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Production of certificate on demand.
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71.—(1) Any member of the Gárda Síochána may demand of any person driving a mechanically propelled vehicle the production of either a certificate of insurance or a certificate of guarantee or a certificate of exemption in respect of the driving of that vehicle by that person on that occasion and if such person refuses or fails to produce any such certificate then and there he shall, unless within five days after the date on which such production was demanded he produces such certificate in person to a member of the Gárda Síochána at a Gárda Síochána station named by such person at the time at which such production was so demanded, be guilty of an offence under this section.
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(2)Whenever any person of whom the production of a certificate of insurance or a certificate of guarantee or a certificate of exemption is lawfully demanded under this section produces such certificate but refuses or fails to permit the member of the Gárda Síochána making such demand to read and examine the certificate so produced he shall be guilty of an offence under this section.
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(3)Whenever any person of whom the production of a certificate of insurance or a certificate of guarantee or a certificate of exemption is lawfully demanded under this section refuses or fails to produce any such certificate or produces such a certificate but fails or refuses to permit the member of the Gárda Síochána making the demand to read and examine the certificate so produced or whenever any person produces such certificate at a Gárda Síochána station in accordance with the provisions of sub-section (1) of this section but fails or refuses to permit the member of the Gárda Síochána to whom such certificate is so produced to read and examine it, such member may demand of such person his name and address and if such person refuses or fails to give his name and address or gives a name or address which is false or misleading he shall be guilty of an offence under this section.
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(4)Any member of the Gárda Síochána may arrest without warrant— (a) any person who in pursuance of this section produces a certificate of insurance, certificate of guarantee, or certificate of exemption but refuses or fails to permit such member to read such certificate, or (b) any person who, when his name and address is lawfully demanded of him by such member under this section, refuses or fails to give his name and address or gives a name or an address which is known to such member to be false or misleading.
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(5)Every person who is guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding five pounds.
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Obligation to deliver up certificate.
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72.—(1) Whenever the period of cover under an approved policy of insurance or an approved combined policy and guarantee is terminated or suspended by any means before its expiration by effluxion of time, the insured shall, within seven days after such termination or suspension deliver to the vehicle insurer by whom such policy or policy and guarantee was issued the latest certificate of insurance given by such vehicle insurer in respect of such policy or policy and guarantee.
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(2)Whenever the period of cover under an approved guarantee is terminated or suspended by any means before its expiration by effluxion of time, the principal debtor shall, within seven days after such termination or suspension, deliver to the vehicle insurer or vehicle guarantor by whom such approved guarantee was issued the latest certificate of guarantee given by such vehicle insurer or vehicle guarantor in respect of such approved guarantee.
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(3)Every person who is required by this section to deliver a certificate of insurance or a certificate of guarantee and fails to deliver such certificate in accordance with this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one pound for every day during which such offence continues.
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Regulations in relation to certificates of insurance, etc.
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73.—The Minister may by order make regulations in relation to all or any of the following matters, that is to say:— (a) applications for and the issue of certificates of insurance and certificates of guarantee, and the making and issue of certificates of exemption; (b) the issue of copies of or new certificates in lieu of any such certificates which are lost or destroyed; (c) the custody, production, cancellation, and surrender of such certificates.
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Obligation to give to insurer or guarantor notice of accident.
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74.—(1) Whenever an event occurs in relation to a mechanically propelled vehicle in consequence of which the vehicle insurer who issued an approved policy of insurance or an approved combined policy and guarantee or the principal debtor under an approved guarantee then in force in respect of such vehicle may become liable to pay money to any person the owner of such vehicle shall, as soon as practicable after the occurrence of such event or where such event did not occur in his presence within forty-eight hours after the occurrence of such event first came to his knowledge, give to the vehicle insurer by whom such policy or policy and guarantee was issued or to the vehicle insurer or vehicle guarantor by whom such guarantee was issued (as the case may require) notice in writing of the occurrence of such event together with such particulars of such event as are in his knowledge or procurement and are reasonably required by such insurer or guarantor.
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(2)An approved policy of insurance, an approved combined policy and guarantee, or an approved guarantee may contain a provision relieving the insured or the principal debtor (as the case may be) thereunder from the obligation imposed by this section of giving the notice mentioned in the first sub-section of this section, and where such provision is contained in an approved policy of insurance, an approved combined policy and guarantee, or an approved guarantee, the failure by the insured or the principal debtor (as the case may be) thereunder to give such notice shall not be a contravention of this section.
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(3)Any person who in contravention of this section fails to give to a vehicle insurer or a vehicle guarantor (as the case may require) within the time specified by this section any notice or any particulars which he is required by this section to give such insurer or guarantor shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
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(4)Any notice or any particulars which the owner of a vehicle is required by this section to give to any vehicle insurer or vehicle guarantor may be given by such owner posting such notice or particulars in a properly closed and prepaid envelope addressed to such vehicle insurer or vehicle guarantor (as the case may require) and such notice or particulars shall be deemed to be given in the time specified in this section for the giving of such notice or particulars if so posted within such time.
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Obligation of driver to give owner notice of accident.
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75.—(1) Whenever an event occurs in relation to a mechanically propelled vehicle in consequence of which the vehicle insurer who issued an approved combined policy and guarantee or the principal debtor under an approved guarantee then in force in respect of such vehicle may become liable to pay money to any person, the person who is the driver of such vehicle when such event happens shall (unless he is himself the owner of such vehicle or the insured under such policy or combined policy and guarantee or the principal debtor under such guarantee or such event occurs in the presence of the owner of such vehicle) give to the owner of such vehicle, as soon as practicable after the happening of such event, notice of the happening of such event together with full particulars thereof.
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(2)Any person who, in contravention of this section, fails to give to the owner of a mechanically propelled vehicle within the time specified in this section any notice or any particulars which he is required by this section to give to such owner shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
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(3)Any notice or particulars which any person is required by this section to give to the owner of a mechanically propelled vehicle may be given by posting such notice or particulars in a properly closed and prepaid envelope addressed to such owner.
\n
Amendment of the Assurance Companies Act, 1909.
\n
76.—(1)
\n
Section 1
\n
of the Assurance Companies Act, 1909 , as adapted by or under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), shall have effect as if after paragraph (e) thereof the following paragraph were added:— “(f) mechanically propelled vehicle insurance business, that is to say, the business of effecting contracts of insurance against loss of or damage to or arising out of or in connection with the use of mechanically propelled vehicles, including third party risks.”
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(2)Where an assurance company within the meaning of the Assurance Companies Act, 1909 , as so adapted carries on mechanically propelled vehicle insurance business, that Act shall apply with respect to that business, subject to the following modifications, that is to say:— (a) the sum to be deposited and kept deposited by the company under section 2 of the said Act in respect of the said business shall be the sum of fifteen thousand pounds only; (b) the making or having made any other deposit under the said section 2 shall not relieve the company from so depositing and keeping deposited the said sum of fifteen thousand pounds nor shall the depositing such sum of fifteen thousand pounds relieve the company either wholly or partially against the making of any other deposit under the said Act; (c) sections 5 and 6 of the said Act shall not apply to the company; (d) the company shall annually prepare a statement of its mechanically propelled vehicle insurance business in such form as shall from time to time be directed by the Minister for Industry and Commerce and such statement shall be printed, signed, and deposited with the said Minister in accordance with section 7 of the said Act and that section shall apply accordingly; (e) paragraphs (d), (e), (f), and (g) of section 32 of the said Act shall apply to the company as if those paragraphs were here set out with the substitution of the expression “mechanically propelled vehicle insurance business” for the expression “accident insurance business” wherever that expression occurs in those paragraphs.
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Keeping of records and giving of information by vehicle insurers, vehicle guarantors and exempted persons.
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77.—(1) The Minister may by order make regulations for all or any of the following purposes, that is to say:— (a) requiring vehicle insurers to keep records of all approved policies of insurance, approved combined policies and guarantees, and approved guarantees issued by them; (b) requiring vehicle guarantors to keep records of all approved guarantees issued by them; (c) requiring exempted persons to keep records of all certificates of exemption issued by them; (d) prescribing the matters to be recorded in such records; (e) enabling such records to be inspected by members of the Gárda Síochána and officers of the Minister; (f) requiring vehicle insurers to furnish to members of the Gárda Síochána and officers of the Minister information in relation to approved policies of insurance, approved combined policies and guarantees, and approved guarantees issued by such vehicle insurers; (g) requiring vehicle guarantors to furnish to members of the Gárda Síochána and officers of the Minister information in relation to approved guarantees issued by such vehicle guarantors.
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(2)Every person who does any act (whether of commission or omission) which is a contravention of a regulation made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds and, in the case of a continuing offence, to a further fine not exceeding one pound for every day during which such offence continues.
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Miscellaneous provisions in relation to insured or guaranteed moneys.
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78.—(1) Where a person (in this section referred to as the claimant) claims to be entitled to recover from the owner or the driver of a mechanically propelled vehicle or has in any court of justice (in proceedings of which the vehicle insurer or vehicle guarantor hereinafter mentioned had notice) recovered judgment against such owner or driver for a sum (whether liquidated or unliquidated) against the liability for which such owner or driver is insured by an approved policy of insurance or the payment of which by such owner or driver is guaranteed by an approved guarantee or in respect of which such owner or driver is covered by an approved combined policy and guarantee the claimant may serve on (as the case may be) the vehicle insurer by whom such policy or policy and guarantee was issued or the vehicle insurer or the vehicle guarantor by whom such guarantee was issued a notice in writing of the claim or judgment for such sum and upon the service of such notice such of the following provisions as are applicable shall have effect, that is to say:— (a) such vehicle insurer shall not after service of such notice pay to such owner or driver in respect of the sum so claimed or recovered by the claimant any greater amount than the amount (if any) which such owner or driver shall have actually paid to the claimant in respect of such sum; (b) where the claimant has so recovered judgment for such sum or after service of such notice so recovers judgment for such sum or any part thereof, such vehicle insurer or vehicle guarantor shall pay to the claimant so much of the moneys (whether damages, or costs) for which judgment was or is so recovered as such vehicle insurer or vehicle guarantor has insured or guaranteed and is not otherwise paid to such claimant and such payment shall as against the insurer or principal debtor be a valid payment under such approved policy of insurance or approved combined policy and guarantee or approved guarantee; (c) where the claimant has so recovered judgment for such sum or after service of such notice so recovers judgment for such sum or any part thereof and has not recovered from such owner or driver or such vehicle insurer or vehicle guarantor the whole amount of such judgment, the claimant may apply to the Court in which he recovered such judgment for leave to execute such judgment against such vehicle insurer or vehicle guarantor and thereupon such Court may, if it thinks proper, grant such application either in respect of the whole amount of such judgment or in respect of any specified part of such amount;
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(d) where the claimant has not so recovered judgment for such sum, the claimant may apply to any court of competent jurisdiction in Saorstát Eireann in which he desires to institute proceedings for the recovery of such sum from such owner or driver for leave to institute and prosecute such proceedings against such vehicle insurer or vehicle guarantor (as the case may be) in lieu of such owner or driver, and such court, if satisfied that such owner or driver is not in Saorstát Eireann or cannot be found or cannot be served with the process of such court or that it is for any other reason just and equitable that such application should be granted, may grant such application, and thereupon the claimant shall be entitled to institute and prosecute such proceedings against such vehicle insurer or vehicle guarantor and to recover therein from such vehicle insurer or vehicle guarantor any sum which he would be entitled to recover from such owner or driver and the payment of which such vehicle insurer or vehicle guarantor has insured or guaranteed; (e) such vehicle insurer or vehicle guarantor shall not, as a ground for refusing payment of moneys to the claimant or as a defence to proceedings by the claimant, rely on or plead any invalidity of such policy of insurance, guarantee, or combined policy and guarantee (as the case may be) arising from any fraud or any misrepresentation or false statement (whether fraudulent or innocent) to which the claimant was not a party or privy and which, if constituting a misdemeanour under this Part of this Act, was not the subject of a prosecution and conviction under the relevant section of this Part of this Act.
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(2)Where a person (hereinafter referred to as the insured) who has effected an approved policy of insurance, or approved combined policy and guarantee, if an individual, becomes bankrupt or insolvent or dies or, if a corporate body is wound up or, if a partnership or other unincorporated association, is dissolved, moneys payable to the insured under such policy or policy and guarantee shall be applicable only to discharging in full all valid claims by third parties against the insured in respect of which such moneys are payable and no part of such moneys shall be assets of the insured or applicable to the payment of the debts (other than such claims) of the insured in such bankruptcy or insolvency or in the administration of the estate of such insured or in such winding-up or dissolution, and no such claim shall be provable in such bankruptcy, insolvency, administration, winding-up, or dissolution.
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(3)This section only applies to claims against the liability for which an insurance or a guarantee or a combined insurance and guarantee is required by this Part of this Act to be effected and does not extend or apply to claims (whether in fact covered or not covered by an approved policy of insurance or an approved guarantee) in respect of which no such insurance or guarantee is so required.
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(4)References in this section to the owner or to the driver of a mechanically propelled vehicle shall, where the context so admits, be construed as including the personal representative of such owner or such driver, as the case may be.
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Application and repayment of deposit.
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79.—(1) In this section— the word “deposit” means a deposit of money with the Accountant of the Courts of Justice made either under the Assurance Companies Act, 1909 , as extended by this Part of this Act by way of qualification for carrying on the business of vehicle insurer or under this Part of this Act by way of qualification for carrying on the business of vehicle guarantor or of being exempted from this Part of this Act; the word “depositor” means a person who has made a deposit; the expression “approved document” means a document which is either an approved policy of insurance, an approved guarantee, or an approved combined policy and guarantee.
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(2)Whenever a person (in this section referred to as a judgment creditor) has recovered judgment in any court against a depositor for a sum to which this section applies the High Court may, on the application of the judgment creditor and if satisfied that the depositor has no goods which can be taken in execution to satisfy such judgment, order the amount of such judgment together with the costs of such order, the application therefor, and the proceedings thereunder to be paid by the Accountant of the Courts of Justice out of the deposit made by the depositor.
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(3)Whenever the amount of a judgment is paid under this section out of a deposit, the depositor by whom such deposit was made may deposit with the Accountant of the Courts of Justice by way of addition to and recoupment of such deposit a sum equal to the sum so paid out of such deposit, and until such depositor so deposits such sum he shall be deemed not to comply with the provisions of this Part of this Act or the Assurance Companies Act, 1909 , as extended by this Part of this Act relating to the making of deposits.
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(4)Whenever a depositor, if an individual, becomes bankrupt or insolvent or dies or, if a corporate body, is wound up or, if a partnership or other unincorporated association, is dissolved, the deposit made by such depositor shall be applicable in the first instance to payment only of the liabilities of the depositor for sums to which this section applies and when all such liabilities of such depositor have been discharged in full shall be applicable as general assets of the depositor.
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(5)Whenever the High Court is satisfied, on the application of a depositor or a person claiming through or under a depositor and after notice to the Minister for Industry and Commerce and after such publication of advertisements as the High Court shall direct, that it is just and equitable that the deposit made by such depositor should be paid out to the person making such application, the High Court may order such deposit to be paid out to such person either unconditionally or subject to such conditions as the High Court shall think proper to specify in such order.
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(6)This section applies only to— (a) sums against the liability for which an insurance or a guarantee or a combined insurance and guarantee is required by this Part of this Act to be effected and for which the depositor is liable as the insurer or guarantor thereof, and (b) sums against the liability for which the depositor, if he were not a depositor, would have been required by this Part of this Act to have effected an insurance or a guarantee or a combined insurance and guarantee.
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Special provisions for non-residents.
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80.—The Minister may make provision for facilitating compliance with this Part of this Act by persons who ordinarily reside outside Saorsát Eireann, and for that purpose may by order make regulations modifying in respect of such persons all or any of the provisions of this Part of this Act but not so as substantially to exempt any person from the obligations imposed by this Part of this Act.
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PART VI.
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Certificates of Competency and Fitness.
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Issue of certificates of competency.
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81.—(1) Any person may apply to the superintendent of the Gárda Síochána of the district in which he ordinarily resides or, if he does not ordinarily reside in Saorstát Eireann, to such superintendent of the Gárda Síochána as the Commissioner shall direct for such certificate of competency as is hereinafter mentioned.
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(2)Whenever any person (in this section referred to as the applicant) applies under this section to a superintendent of the Gárda Síochána and pays to the Commissioner such fee as shall be fixed by the Minister with the consent of the Minister for Finance, such superintendent shall cause the skill and competency of the applicant to drive either (as the applicant shall require) a large public service vehicle or a small public service vehicle to be tested in a suitable vehicle provided by the applicant, and— (a) if he is satisfied that the applicant has the skill and competency to drive a large public service vehicle, shall give to the applicant a certificate (in this Act referred to as a certificate of competency and distinguished as a certificate of competency to drive a large public service vehicle) that the applicant has the skill and competency to drive a large public service vehicle, or (b) if he is satisfied that the applicant has the skill and competency to drive a small public service vehicle shall give to the applicant a certificate (in this Act referred to as a certificate of competency and distinguished as a certificate of competency to drive a small public service vehicle) that the applicant has the skill and competency to drive a small public service vehicle.
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Issue of certificates of fitness.
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82.—(1) Any person who is unwilling to make the declaration which is required by
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Part III
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of this Act to accompany or be contained in an application for a driving licence or who is by reason of any physical deformity or defect incapable of driving a mechanically propelled vehicle of the ordinary pattern with the usual fittings and features may apply to the superintendent of the Gárda Síochána of the district in which he ordinarily resides or, if he does not ordinarily reside in Saorstát Eireann, to such superintendent of the Gárda Síochána as the Commissioner shall direct for such certificate of fitness as is hereinafter mentioned.
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(2)Every person who proposes to apply under this section for any such certificate of fitness as is hereinafter mentioned shall, within one month before making such application, cause himself to be examined by a qualified medical practitioner and shall obtain from such medical practitioner a signed report in writing as to the physical and mental fitness of such person to drive the kind of mechanically propelled vehicle in relation to which such application is proposed to be made.
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(3)Whenever any person (in this section referred to as the applicant) applies under this section to a superintendent of the Gárda Síochána and pays to the Commissioner such fee as shall be fixed by the Minister with the consent of the Minister for Finance and produces to such superintendent the report of a qualified medical practitioner obtained in accordance with the next foregoing sub-section of this section, such superintendent shall cause the competency of the applicant to drive a mechanically propelled vehicle to be tested in a suitable vehicle provided by the applicant, and— (a) if he is satisfied, having regard to such report and such test, that the applicant is fit and competent to drive a mechanically propelled vehicle of the ordinary pattern with the usual fittings and features, he shall give to the applicant a certificate (in this Act referred to as a certificate of fitness) certifying that the applicant is fit and competent to drive a mechanically propelled vehicle, or (b) if he is satisfied, having regard to such report and such test, that the applicant is not fit and competent to drive a mechanically propelled vehicle of the ordinary pattern having only the usual fittings and features but is fit and competent to drive a mechanically propelled vehicle which is of a particular class or classes and is equipped with special fittings or special features, he shall give to the applicant a certificate (in this Act included in the expression “certificate of fitness” and distinguished as a certificate of limited fitness) certifying that the applicant is fit and competent to drive a mechanically propelled vehicle which is of the particular class or one of the particular classes specified in such certificate and is equipped with the special fittings or the special features specified and described in such certificate, or (c) if he is satisfied, having regard to such report and such test, that the applicant is not fit and competent to drive any ordinary mechanically propelled vehicle but is fit and competent to drive a mechanically propelled vehicle of a particular class or classes and specially designed and constructed for use by persons suffering from the particular deformity or defect from which the applicant suffers, he shall give to such person a certificate (in this Act included in the expression “certificate of fitness” and distinguished as a certificate of fitness to drive an invalid carriage) certifying that the applicant is fit and competent to drive a mechanically propelled vehicle of the particular class or one of the particular classes specified in such certificate and of the special design and construction specified in such certificate.
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Exemption from obligation to hold a driving licence.
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83.—Notwithstanding anything contained in this Act, it shall be lawful for a person who does not hold a driving licence to drive a mechanically propelled vehicle while his skill and competency or his competency (as the case may be) to drive such vehicle is being tested under this Part of this Act, and such driving of such vehicle by such person shall not be a contravention of any provision of this Act merely by reason of such person not being the holder of a driving licence.
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PART VII.
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Regulation and Control of Public Service Vehicles.
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Public service vehicle licences.
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84.—(1) The Commissioner may, subject to the provisions of this Part of this Act, grant to the owner of a public service vehicle a licence (in this Part of this Act referred to as a public service vehicle licence) in respect of such vehicle.
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(2)Where the owner of a public service vehicle is an infant or of unsound mind or under any other disability, the public service vehicle licence in respect of such vehicle may be granted to the guardian or committee of or to a trustee for such owner.
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(3)Every public service vehicle licence shall— (a) be in the prescribed form, and (b) be identified by a separate serial number, and (c) contain a statement of the number of passengers for which passenger accommodation is available in the vehicle to which it relates, and (d) be expressed to license such vehicle to be used for the carriage of passengers for reward, but may, in the case of a small public service vehicle be limited to use as a private hire vehicle.
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(4)In this Part of this Act the word “licensed” when used in relation to a public service vehicle means licensed by a licence granted under this section in respect of such public service vehicle and the word “licensee” when used in relation to a public service vehicle licence means the holder for the time being of such licence and includes the personal representative or the liquidator (as the case may require) of such holder and also includes, in the case of any such licence which has ceased to be in force, the person who was the holder of such licence immediately before such cesser.
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Application for public service vehicle licences.
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85.—(1) Every application for a public service vehicle licence shall be made in such form and manner and contain such particulars as the Commissioner shall direct.
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(2)There shall be paid to the Commissioner by a person applying for a public service vehicle licence a sum equal to the amount of the licence fee required by this Part of this Act to be paid in respect of such licence and the payment of such sum shall be a condition precedent to the entertainment of the application by the Commissioner.
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(3)In the event of an application for a public service vehicle licence being refused the sum payable under this section on such application shall be retained by the Commissioner.
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(4)In the event of an application for a public service vehicle licence being granted, the sum payable under this section on such application shall be applied in payment of the first licence fee payable under this Part of this Act in respect of such licence.
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Restrictions on the grant of public service vehicle licences.
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86.—(1) The Commissioner shall not grant a public service vehicle licence in respect of any public service vehicle which does not appear to him— (a) to be constructed and equipped in accordance with the regulations for the construction and equipment of mechanically propelled vehicles so far as such regulations are applicable to such vehicle, and (b) to be in such a state of repair as to be serviceable, safe and otherwise fit for the accommodation of passengers.
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(2)The Commissioner may refuse to grant a public service vehicle licence to a person who in his opinion is, by reason of his character or previous conduct, not a fit and proper person to hold a public service vehicle licence.
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Duration of public service vehicle licences.
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87.—(1) Every public service vehicle licence shall continue in force until it is surrendered by the holder thereof or is revoked by or under this Part of this Act.
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(2)Every public service vehicle licence suspended under this Part of this Act shall, during the period for which it is so suspended, be deemed for the purposes of this Part of this Act not to be in force.
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Annual fees on public service vehicle licences.
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88.—(1) Every licensee shall pay yearly to the Commissioner in respect of every public service vehicle licence held by him a yearly fee (in this Part of this Act referred to as a licence fee) of such amount as shall from time to time be fixed by regulations made by the Minister with the consent of the Minister for Finance.
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(2)Every licence fee (other than the first such fee payable in respect of any particular public service vehicle licence) shall be paid on or before the first day of the year in respect of which such fee is payable, and for that purpose the year shall be deemed to commence on the anniversary of the grant of the public service vehicle licence in respect of which such fee is payable.
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(3)If any licensee fails or refuses to pay in respect of any public service vehicle licence a licence fee (other than the first such fee payable in respect of such licence) within the time appointed by this section for the payment thereof, such licence shall thereupon become and be revoked but the Commissioner may, upon payment of such fee, cancel such revocation.
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Devolution of public service vehicle licence on death.
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89.—Whenever the holder of a public service vehicle licence dies, such licence shall devolve on his legal personal representative as part of his personal estate.
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Inspection of vehicles on application for public service vehicle licence.
\n
90.—(1) Whenever an application is duly made for a public service vehicle licence, the Commissioner shall appoint a convenient time and place for the inspection and examination of the vehicle to which such application relates and shall inform the person by whom such application was made of the time and place so appointed and, if such vehicle is brought to such place at such time, shall cause such vehicle to be inspected and examined at such time and place by a member of the Gárda Síochána or other person who is, in the opinion of the Commissioner, properly qualified to make such inspection and examination.
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(2)If a vehicle in respect of which an application is made for a public service vehicle licence is not brought to the place and at the time appointed under the foregoing sub-section for the inspection and examination thereof, the Commissioner may refuse the said application.
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Transfer of public service vehicle licences.
\n
91.—(1) Whenever the property in a licensed public service vehicle is transferred whether by act of the parties or by operation of law, the Commissioner may, on the application of the transferee and the payment of the prescribed fee (if any) and on being satisfied of the fact of such transfer, transfer the public service vehicle licence then in force to the said transferee.
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(2)The provisions of this Act in relation to the qualifications for receiving and the grounds for refusing a grant of a public service vehicle licence shall apply to the transfer of a licence under this section in like manner as if such transfer were the grant of a public service vehicle licence.
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Appeal from refusal of public service vehicle licence.
\n
92.—(1) Whenever the Commissioner refuses an application for the grant or the transfer of a public service vehicle licence, the person by whom such application was made may appeal against such refusal in the case of a refusal on the ground that the applicant is not a fit and proper person to hold a public service vehicle licence, to the Justice of the District Court having jurisdiction in the place in which the applicant ordinarily resides and, in any other case, to the Minister.
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(2)On the hearing of an appeal under this section the Justice or the Minister (as the case may be) may, as he shall think proper, either confirm the refusal which was the subject of such appeal or direct the Commissioner to make the grant or transfer (as the case may be) which was the subject of such refusal.
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(3)The Justice or the Minister (as the case may be) shall cause notice of his decision on an appeal to him under this section to be given to the Commissioner and it shall be the duty of the Commissioner to comply with such decision in so far as it directs him to grant or transfer a public service vehicle licence.
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(4)The decision of a Justice of the District Court or of the Minister (as the case may be) on an appeal under this section shall be final.
\n
Prohibition of use of unlicensed public service vehicle.
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93.—(1) Subject to the provisions of this section it shall not be lawful for a mechanically propelled vehicle in respect of which no public service vehicle licence is in force to be used for the carriage of passengers for reward.
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(2)The Minister for Education may, where he is satisfied that special provision for bringing children to a particular school is necessary, grant to the owner of a mechanically propelled vehicle a licence to use such vehicle for the conveyance of children to such school for reward, and so long as such licence remains in force such mechanically propelled vehicle shall not be a public service vehicle within the meaning of this Act merely by reason of its being used under and in accordance with such licence for the conveyance of children to and from such school for reward.
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(3)Where— (a) application is made by the owner of a mechanically propelled vehicle to an officer of the Gárda Síochána not below the rank of superintendent for the issue of such permit as is hereinafter mentioned, and (b) such officer is satisfied that a forthcoming event is likely to attract an assemblage of the public and that, having regard to the facilities available to the public for the transport of passengers to and from the place of occurrence of such event and to any other facilities capable of being procured for such transport, the issue of the permit so applied for is reasonably necessary or desirable, and (c) such officer has given to the Minister for Industry and Commerce at least five days' notice of the application for such permit and has received from that Minister no objection to the issue of such permit, such officer may issue to such owner a permit to use such vehicle for the carriage of passengers for reward on a specified day from and to a specified place to and from the place of occurrence of the said event but subject to such conditions and limitations as such officer shall think proper to specify in such permit, and thereupon such vehicle shall not be a public service vehicle within the meaning and for the purpose of this Act merely by reason of its being used for the carriage of passengers under and in accordance with such permit.
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(4)Where a mechanically propelled vehicle is used for the carriage of eight or more persons who are not in the employment of the owner of such vehicle, such persons shall, until the contrary is proved, be deemed to be carried in such vehicle for reward.
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(5)Whenever a mechanically propelled vehicle is used for the carriage of passengers for reward in contravention of this section the owner of such vehicle shall be guilty of an offence under this section and the driver of such vehicle shall, unless he proves that he did not know that no public service vehicle licence was then in force in respect of such vehicle, also be guilty of an offence under this section.
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(6)Every person who is guilty of an offence under this section shall on summary conviction thereof be liable, in the case of a first offence, to a fine not exceeding twenty pounds or, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.
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Penalty for using defective public service vehicle.
\n
94.—Whenever a public service vehicle is used for the carriage of passengers for reward while it is in such condition as to be unserviceable or unsafe or otherwise unfit for the carriage of passengers or, by reason of dilapidation, lack of cleanliness, or other cause, to be unsuitable for the accommodation of passengers, the owner of such vehicle shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
\n
Issue of vehicle plates.
\n
95.—(1) Whenever the Commissioner grants a public service vehicle licence he shall, upon payment to him by the licensee of such sum as shall from time to time be fixed by regulations made by the Minister with the consent of the Minister for Finance, issue to such licensee a metal plate (in this Part of this Act referred to as a vehicle plate) of the prescribed pattern and having marked thereon in the prescribed manner the serial number of the said licence and the prescribed words, letters, numbers, and designs.
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(2)Whenever the Commissioner is satisfied that a vehicle plate has been lost, destroyed, or broken or has become so defaced by wear or injury that the serial number or all or any of the letters, words, numbers, and designs required by this section to be marked thereon are obliterated or illegible the Commissioner shall, on the application of the owner of the vehicle to which such vehicle plate relates and delivery to the Commissioner of such vehicle plate (if not lost or destroyed) and payment to the Commissioner by such owner of such sum as shall from time to time be fixed by regulations made by the Minister with the consent of the Minister for Finance, issue to such owner a new vehicle plate.
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(3)Whenever a public service vehicle licence ceases to be in force the licensee shall within three days after such cesser deliver to the Commissioner the vehicle plate issued in respect of such licence.
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(4)If any person who is required by the next foregoing sub-section of this section to deliver to the Commissioner a vehicle plate fails or neglects so to do within the time limited in that behalf by the said sub-section, such person shall be guilty of an offence under this section, and shall on summary conviction thereof be liable to a fine not exceeding two pounds and a further fine not exceeding five shillings for every day during which such offence is continued.
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Obligation to carry vehicle plates on public service vehicles.
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96.—(1) The vehicle plate issued under this Part of this Act in respect of a public service vehicle shall be affixed to such vehicle in the prescribed place and manner and shall always be carried so affixed when such vehicle is used for the carriage of passengers for reward.
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(2)If a public service vehicle is used for the carriage of passengers for reward without having affixed thereto in the prescribed place and manner a vehicle plate issued under this Part of this Act in respect of such vehicle or with such vehicle plate so defaced or obscured that the serial number or all or any of the letters, words, numbers, and designs required by this Act to be marked thereon are obliterated or illegible, the owner of such vehicle and also the driver thereof shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.
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Periodical inspection of licensed public service vehicles.
\n
97.—(1) The Commissioner may, at any time and as often as he thinks fit, cause any licensed public service vehicle (including the fittings and equipment thereof) to be inspected and examined by a member of the Gárda Síochána or other person who is, in the opinion of the Commissioner, properly qualified to make such inspection and examination, and the Commissioner shall cause every such vehicle to be so inspected and examined at least once in every year.
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(2)Whenever the Commissioner proposes to have a licensed public service vehicle inspected and examined under this section he shall, by notice in writing served by post or otherwise on the owner of such vehicle, appoint a time (not less than fourteen days after the service of such notice) and place for such inspection and examination and require such owner to produce such vehicle for such inspection and examination at such time and place.
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(3)Whenever a member of the Gárda Síochána or other person inspecting a public service vehicle under this section finds that such vehicle is for any reason unfit for the carriage or for the accommodation of passengers, any member of the Gárda Síochána may prohibit in writing the use of such vehicle for the carriage of passengers for reward until all defects indicated by him have been cured, and may if he thinks proper remove from such vehicle the vehicle plate issued under this Part of this Act in respect of such vehicle and may retain such vehicle plate until such defects have been cured.
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(4)If any owner of a licensed public service vehicle on whom a notice under the foregoing sub-section of this section has been served in respect of such vehicle fails to produce such vehicle at the time and place appointed by such notice or, having so produced such vehicle, obstructs or prevents the inspection or the examination of such vehicle at such place under this section, or uses such vehicle for the carriage of passengers for reward in contravention of a prohibition in writing made under this section by a member of the Gárda Síochána such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
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Occasional inspection of licensed public service vehicles.
\n
98.—(1) Any member of the Gárda Síochána may, at any time and in any place, inspect and examine any public service vehicle (including the fittings and equipment thereof) which he reasonably suspects to be so defective as to be unfit for the carriage of passengers, and for that purpose may do all or any of the following things, that is to say:— (a) enter into any place in which such vehicle is; (b) if such vehicle is in motion, require such vehicle to stop; (c) require the driver of such vehicle to drive such vehicle forthwith to a convenient place indicated by such member for such inspection and examination; (d) require persons in such vehicle to leave it.
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(2)A member of the Gárda Síochána who has inspected and examined a public service vehicle under this section may do all or any of the following things, that is to say:— (a) prohibit the use of such vehicle for carrying passengers for reward until defects indicated by him have been cured or (if the driver or the owner of such vehicle so requests) until a more detailed inspection or examination of such vehicle is made; (b) prohibit such vehicle from being moved under its own power until defects indicated by him have been cured; (c) require the owner or the driver of such vehicle to submit such vehicle to a further and more detailed inspection and examination at a time and place indicated by such member and for that purpose require such owner or such driver to cause such vehicle to be brought to the place at the time so indicated.
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(3)Every person who— (a) obstructs or interferes with a member of the Gárda Síochána in the exercise of any power conferred by this section, or (b) being the driver of a public service vehicle in motion, fails to stop such vehicle when required by a member of the Gárda Síochána under this section so to do, or (c) being the owner or the driver of a public service vehicle fails to comply with any direction given or requirement made by a member of the Gárda Síochána under this section in relation to such vehicle, or (d) does any act in contravention of a prohibition issued by a member of the Gárda Síochána under this section, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
\n
Powers incidental to inspection and examination.
\n
99.—Whenever any person is authorised or required by or under this Part of this Act to inspect and examine a public service vehicle such person shall be entitled as part of such inspection and examination, to do all or any of the following things, that is to say:— (a) to drive such vehicle for a reasonable time and distance; (b) to require the person having charge of such vehicle to drive such vehicle for a reasonable time and distance in such direction and manner and at such speed as the person making such inspection and examination shall direct; (c) to travel in such vehicle while it is being driven under his direction; (d) to test the working and efficiency of the machinery, fittings, and equipment of such vehicle.
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Revocation of public service vehicle licences by a court.
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100.—(1) Whenever a person who is the holder of one or more public service vehicle licences is convicted of any crime or offence which, in the opinion of the court by which he is so convicted, renders him unfit to hold a public service vehicle licence, such court may revoke all public service vehicle licences then held by such person.
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(2)Whenever the public service vehicle licences held by a convicted person are revoked by a court under this section, the registrar, clerk, or other principal officer of such court shall forthwith communicate to the Commissioner the particulars of such revocation.
\n
Revocation and suspension of public service vehicle licence by the Commissioner.
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101.—(1) The Commissioner may at any time revoke a public service vehicle licence upon the application of the licensee.
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(2)The Commissioner may at any time on his own motion revoke or suspend for such period as he shall think proper a public service vehicle licence in respect of which he is satisfied— (a) that the licensee, if an individual, has died or, if an incorporated body, has been dissolved more than three months previously and that such licence has not been transferred under this Part of this Act to any other person, or (b) that the property in the vehicle to which such licence relates has been transferred by act of the parties or operation of law (otherwise than on the death or dissolution of the licensee) from the licensee to another person and that such licence has not been transferred under this Part of this Act to such other person, or (c) that the licensee has ceased to be a fit and proper person to hold a public service vehicle licence, or (d) that the vehicle to which such licence relates no longer complies with the regulations for the construction and equipment of mechanically propelled vehicles applicable to such vehicle, or (e) that such vehicle is in such condition as to be unserviceable or unsafe or otherwise unfit for the accommodation or use of passengers.
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(3)Whenever the Commissioner on his own motion revokes or suspends a public service vehicle licence under this section he shall forthwith cause notice in writing of such revocation or suspension to be served by post or otherwise on the licensee, but failure to serve such notice or any error or inaccuracy in such notice shall not invalidate such revocation or suspension.
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Appeal against revocation or suspension of licence.
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102.—(1) Whenever the Commissioner revokes (otherwise than upon the application of the licensee) or suspends a public service vehicle licence, the person who was the licensee under such licence immediately before such revocation or suspension may appeal against such revocation or suspension (as the case may be), where such revocation or suspension was made on the ground that the licensee had ceased to be a fit and proper person to hold a public service vehicle licence, to the Justice of the District Court having jurisdiction in the place in which such person ordinarily resides and, in every other case, to the Minister, and on the hearing of such appeal the Justice or the Minister (as the case may be) may, as he shall think proper, in the case of a revocation either confirm or annul such revocation or substitute therefor suspension for such period as he shall think proper or, in the case of a suspension, confirm or annul such suspension or reduce the period thereof and, in any case, shall cause notice of his decision on such appeal to be given forthwith to the Commissioner.
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(2)The decision of a Justice of the District Court or of the Minister (as the case may be) on an appeal under this section shall be final.
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Duty of licensee to notify change of address.
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103.—(1) Whenever and so often as the holder of a public service vehicle licence changes his address he shall within four days after such change of address send to the Commissioner such licence together with notice in writing stating the fact of such change of address and the particulars of his new address.
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(2)Upon receipt of a public service vehicle licence and a notice of change of address sent in pursuance of this section, the Commissioner shall cause such change of address to be recorded in the register of public service vehicle licences and shall also cause such change of address to be entered on such licence and such licence to be returned to the holder thereof.
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(3)If the holder of a public service vehicle licence on any occasion on which he is required by this section to send to the Commissioner his said licence and a notice of change of address, fails or neglects so to do within the time limited in that behalf by this section, such holder shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.
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Drivers' licences.
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104.—(1) The Commissioner may grant a licence (in this Act referred to as a driver's licence) to drive a public service vehicle to any person who— (a) applies to the Commissioner for such licence, and (b) holds a driving licence which is then in force, and (c) holds a certificate of competency issued to him not more than one month before the date of the application for such licence, and (d) satisfies the Commissioner that he is a fit and proper person to hold a driver's licence.
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(2)Where a person applying under this section to the Commissioner for a driver's licence satisfies the Commissioner that he holds or formerly held a driver's licence granted under this section, the Commissioner may, if he so thinks fit, dispense with the obligation imposed on such person by this section of holding a certificate of competency.
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(3)Every driver's licence shall— (a) be in such form as the Commissioner shall direct, and (b) be identified by a separate serial number, and (c) where the person to whom such licence is granted holds a certificate of competency to drive a large public service vehicle, such licence shall be expressed and shall operate to license such person to drive a public service vehicle of any kind, and (d) where a person to whom such licence is granted holds only a certificate of competency to drive a small public service vehicle, such licence shall be expressed and shall operate to license such person to drive a small public service vehicle only.
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(4)The holding of a driver's licence shall not relieve from the obligation to comply with the provisions of this Act in relation to driving licences.
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(5)In this Part of this Act the expression “licensed driver” means a person who is the holder of a driver's licence granted to him and for the time being in force.
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Conductors' licences.
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105.—(1) The Commissioner may grant a licence (in this Act referred to as a conductor's licence) to act as conductor of a large public service vehicle to any person who— (a) applies to the Commissioner for such licence, and (b) satisfies the Commissioner that he has attained the age of eighteen years, and (c) satisfies the Commissioner that he is a fit and proper person to be the conductor of a large public service vehicle.
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(2)Every conductor's licence shall— (a) be in such form as the Commissioner shall direct, and (b) be identified by a separate serial number, and (c) be expressed and operate to licence the person to whom it is granted to act as conductor of a large public service vehicle.
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(3)In this Part of this Act the expression “licensed conductor” means a person who is the holder of a conductor's licence granted to him and for the time being in force.
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Appeal from refusal of driver's or conductor's licence.
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106.—(1) Whenever the Commissioner refuses an application for the grant of a driver's licence or for the grant of a conductor's licence, the person by whom such application was made may appeal against such refusal to the Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and on the hearing of such appeal such Justice may, as he shall think proper, either confirm such refusal or direct the Commissioner to grant the licence which was the subject of such refusal.
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(2)Whenever a Justice of the District Court hears an appeal under this section he shall cause notice of his decision on such appeal to be given forthwith to the Commissioner, and it shall be the duty of the Commissioner to comply with such decision in so far as it directs him to grant a driver's licence or a conductor's licence.
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(3)The decision of a Justice of the District Court on an appeal under this section shall be final Renewal of driver's or conductor's licence.
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107.—(1) The Commissioner shall, on the application of the holder of a driver's licence or a conductor's licence which is for the time being in force and on payment to him of the annual fee payable under this Part of this Act in respect of such licence, renew such licence as from the date on which such licence would have expired if it were not so renewed.
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(2)On the application of a person who was the holder of a driver's licence or a conductor's licence which ceased, within one month before such application, to be in force solely by reason of such person's failure to renew it under this section, and on payment to the Commissioner of the annual fee payable under this Part of this Act in respect of such licence, the Commissioner may, if he so thinks fit, renew such licence as from the date of such application.
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Duration of drivers' and conductors' licences.
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108.—(1) Every driver's licence and every conductor's licence shall, unless or until it is surrendered or revoked under this Part of this Act, remain in force for one year from (as the case may be) the date on which it was granted or the date as from which it was last renewed.
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(2)Where a driver's licence or a conductor's licence is suspended under this Part of this Act the following provisions shall have effect, that is to say:— (a) such licence shall, during the period for which it is so suspended, be deemed for the purposes of this Act not to be in force; (b) where the period for which such licence is so suspended expires before the end of one year from the date on which such licence was granted or last renewed (as the case may be), such licence shall cease to be in force at the end of such year unless previously renewed; (c) where the period for which such licence is so suspended expires at or after the end of such year such licence shall be renewable under this Part of this Act as from the expiration of such period of suspension and for that purpose such licence shall be deemed to be in force at the expiration of such period.
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Annual fees on drivers' and conductors' licences.
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109.—(1) There shall be paid to the Commissioner by every licensed driver on the grant and also on every renewal of his driver's licence a fee of such amount as shall from time to time be fixed by regulations made by the Minister with the consent of the Minister for Finance.
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(2)There shall be paid to the Commissioner by every licensed conductor on the grant and also on every renewal of his conductor's licence a fee of such amount as shall from time to time be fixed by regulations made by the Minister with the consent of the Minister for Finance.
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Prohibition of unlicensed driver driving a public service vehicle.
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110.—(1) It shall not be lawful for any person to drive a large public service vehicle while such vehicle is being used to carry passengers for reward unless he holds a driver's licence then in force licensing him to drive a public service vehicle of any kind.
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(2)It shall not be lawful for any person to drive a small public service vehicle while such vehicle is being used to carry passengers for reward unless he holds either a driver's licence then in force licensing him to drive a public service vehicle of any kind or a driver's licence then in force licensing him to drive a small public service vehicle only.
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(3)If any person drives a public service vehicle in contravention of this section such person and also the owner of such vehicle shall each be guilty of an offence under this section and shall on summary conviction thereof be liable, in the case of a first offence, to a fine not exceeding twenty pounds and, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or at the discretion of the court to imprisonment for any term not exceeding six months.
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Obligation to carry conductor in certain cases.
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111.—(1) A large public service vehicle having sitting accommodation for more than fourteen adult passengers shall not be used as an omnibus unless there is carried thereon a licensed conductor who acts as the conductor of such vehicle or such vehicle is being used as an omnibus without such conductor under and in accordance with a permit in that behalf issued by the Commissioner under this section.
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(2)The Commissioner may, if he so thinks fit on the application of the owner of a large public service vehicle having sitting accommodation for more than fourteen passengers, issue to such owner and at any time renew or revoke a permit to use such vehicle as an omnibus on a specified service or for a specified purpose without there being carried thereon such conductor as is mentioned in the foregoing sub-section of this section, and may expressly limit such permit to a specified occasion or a specified period and may attach to such permit such conditions as he thinks proper and specifies therein.
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(3)If a large public service vehicle having sitting accommodation for more than fourteen adult passengers is used in contravention of this section the licensee of such vehicle and also the driver thereof shall each be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding ten pounds.
\n
Prohibition of unlicensed conductor conducting a public service vehicle.
\n
112.—(1) It shall not be lawful for any person who is not a licensed conductor to act as conductor of a public service vehicle while such vehicle is being used to carry passengers for reward.
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(2)If any person acts as conductor of a public service vehicle in contravention of this section, such person and also the licensee of such vehicle shall each be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding twenty pounds.
\n
(3)Nothing in this section shall render it unlawful for the driver of a public service vehicle on which it is not obligatory under this Part of this Act to carry a conductor to act as conductor as well as driver of such vehicle although he is not a licensed conductor.
\n
Issue of drivers' badges and conductors' badges.
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113.—(1) Whenever the Commissioner grants a driver's licence to any person he shall, upon payment to him by such person of such sum as shall from time to time be fixed by regulations made by the Minister with the consent of the Minister for Finance, issue to such person a metal badge (in this Part of this Act referred to as a driver's badge) of such pattern as the Commissioner shall direct and having marked thereon a serial number and such words, letters, numbers, and designs as the Commissioner shall direct.
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(2)Whenever the Commissioner grants a conductor's licence to any person he shall, upon payment to him by such person of such sum as shall from time to time be fixed by regulations made by the Minister with the consent of the Minister for Finance, issue to such person a metal badge (in this Part of this Act referred to as a conductor's badge) of such pattern as the Commissioner shall direct and having marked thereon a serial number and such words, letters, numbers, and designs as the Commissioner shall direct.
\n
(3)Whenever the Commissioner is satisfied that a driver's badge or a conductor's badge has been lost, destroyed, or broken or has become defaced by wear or injury the Commissioner shall, on the application of the person to whom such badge was issued and delivery to the Commissioner of such badge (if not lost or destroyed) and payment to the Commissioner by such person of such sum as shall from time to time be fixed by regulations made by the Minister with the consent of the Minister for Finance, issue to such person a new badge.
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(4)Whenever a driver's licence or a conductor's licence is revoked or expires the person to whom such licence was issued shall within three days or (where such licence expires by reason of the death of such person) the personal representative of such person shall within one month after such revocation or expiration (as the case may be) deliver up to the Commissioner the driver's badge or the conductor's badge (as the case may be) issued to such person under this Part of this Act.
\n
(5)If any person who is required by the next foregoing sub-section of this section to deliver up to the Commissioner a driver's badge or a conductor's badge fails or neglects so to do within the time limited in that behalf by the said sub-section such person shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds and a further fine not exceeding five shillings for every day during which such offence is continued.
\n
Obligation to wear drivers' and conductors' badges.
\n
114.—(1) Every licensed driver shall at all times while he is driving or acting as the driver of a public service vehicle wear in such manner as the Commissioner shall direct the driver's badge issued to him under this Part of this Act.
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(2)Every licensed conductor shall at all times while he is acting as the conductor of a public service vehicle wear in such manner as the Commissioner shall direct the conductor's badge issued to him under this Part of this Act.
\n
(3)Every person who— (a) being a licensed driver, drives or acts as the driver of a public service vehicle while he is not wearing in accordance with this section the driver's badge issued to him under this Part of this Act, or (b) being a licensed conductor, acts as the conductor of a public service vehicle while he is not wearing in accordance with this section a conductor's badge issued to him under this Part of this Act, shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.
\n
Revocation and suspension of drivers' and conductors' licences by Commissioner.
\n
115.—(1) The Commissioner may at any time revoke a driver's licence or a conductor's licence upon the application of the holder thereof.
\n
(2)The Commissioner may at any time on his own motion revoke or suspend for such period as he shall think proper a driver's licence where he is satisfied that the holder of such licence has ceased to hold a driving licence which is for the time being in force or has ceased to be a fit and proper person to hold a driver's licence.
\n
(3)The Commissioner may at any time on his own motion revoke or suspend for such period as he shall think proper a conductor's licence where he is satisfied that the holder of such licence has ceased to be a fit and proper person to be the conductor of a large public service vehicle.
\n
(4)Whenever the Commissioner revokes (otherwise than on the application of the holder of the licence) or suspends a driver's licence or a conductor's licence, the person who was the holder of such licence immediately before such revocation or suspension may appeal against such revocation or suspension (as the case may be) to the Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and on the hearing of such appeal such Justice may, as he shall think proper, in the case of a revocation either confirm or annul such revocation or substitute therefor suspension for such period as he shall think proper or, in the case of a suspension, confirm or annul such suspension or reduce the period thereof and, in any case, shall cause notice of his decision on such appeal to be given forthwith to the Commissioner.
\n
(5)The decision of a Justice of the District Court on an appeal under this section shall be final.
\n
Revocation and suspension by a court of drivers' and conductors' licences.
\n
116.—(1) Whenever a licensed driver or a licensed conductor is convicted of any crime or offence (including an offence under this Act) the court by or before whom such driver or conductor was so convicted may, if such court thinks it proper so to do, revoke or suspend for such time as such court shall think proper the driver's licence held by such driver or the conductor's licence held by such conductor (as the case may be).
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(2)Whenever a driver's licence or a conductor's licence is revoked or suspended by a court under this section, the registrar, clerk or other principal officer of such court shall forthwith communicate to the Commissioner the particulars of such revocation or suspension (as the case may be), and upon receipt of such communication the Commissioner shall cause notice in writing of such revocation or suspension to be sent forthwith by post to the holder of such licence.
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Duty of licensed driver or conductor to notify change of address.
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117.—(1) Whenever and so often as a licensed driver or a licensed conductor changes his address he shall within four days after such change of address send to the Commissioner his driver's or conductor's licence together with notice in writing stating the fact of such change of address and the particulars of his new address.
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(2)Upon receipt of a driver's or a conductor's licence and a notice of change of address sent in pursuance of this section the Commissioner shall cause such change of address to be recorded in the register of driver's licences or the register of conductor's licences (as the case may require) and shall also cause such change of address to be entered on such licence and such licence to be returned to the holder thereof.
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(3)If a licensed driver or a licensed conductor on any occasion on which he is required by this section to send to the Commissioner his driver's or conductor's licence and a notice of change of address, fails or neglects so to do within the time limited in that behalf by this section such driver or conductor shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.
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Bye-laws in relation to the movements of large public service vehicles.
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118.—(1) The Commissioner may, with the consent of the Minister, and after consultation with the local authority concerned make in respect of any specified area bye-laws for all or any of the following purposes, that is to say:— (a) appointing the places in such area which may be used as stands or starting places (in this section referred to as appointed stands) for large public service vehicles; (b) appointing the time during which such vehicles may remain at such appointed stands; (c) appointing the number of such vehicles which may stand at each such appointed stand; (d) enforcing order at appointed stands and at the starting points and on the routes of any such vehicles; (e) reserving particular appointed stands for the use of all large public service vehicles plying upon particular routes; (f) excluding from appointed stands all persons and vehicles except the persons and vehicles for whose use such stands are reserved; (g) prohibiting large public service vehicles from using any places in such area as stands or starting places except in accordance with such regulations; (h) preventing such vehicles from standing or stopping at specified places in such area either generally or during particular hours; (i) preventing such vehicles from carrying passengers from any depôt or stand in any specified place in such area either generally or during particular hours; (j) appointing the points within such area (other than appointed stands) at which such vehicles may stop and the time during which they may stop for the purpose of taking up or setting down passengers, and for preventing such vehicles from stopping for such purposes elsewhere than at such points or longer than the time so appointed.
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(2)Different bye-laws may be made under this section in relation to different kinds of large public service vehicles but no differentiation shall be made in such bye-laws between large public service vehicles of the same class owned by different persons.
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(3)Whenever a large public service vehicle is driven, stopped or otherwise used in contravention of a bye-law made under this section, the owner of such vehicle and also the driver thereof shall each be guilty of an offence under this sub-section and shall on summary conviction thereof be liable to a fine not exceeding five pounds.
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(4)Every person who does any act (whether of commission or omission) which is a contravention of a bye-law made under this section and is not an offence under the foregoing sub-section of this section shall be guilty of an offence under this sub-section and shall on summary conviction thereof be liable to a fine not exceeding five pounds.
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(5)Where a person charged with an offence under sub-section (3) of this section is the owner of the vehicle in respect of which such offence is alleged to have been committed, it shall be a good defence, to such charge for such person to prove that on the occasion on which such offence is alleged to have been committed the driver of such vehicle either was not authorised by such owner to drive such vehicle at all on that occasion or did the act alleged to constitute such offence in contravention of the express orders of such owner.
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(6)Where a person charged with an offence under sub-section (3) of this section was, on the occasion on which such offence is alleged to have been committed, the servant of the owner of the vehicle in respect of which such offence is alleged to have been committed, it shall be a good defence to such charge for such person to prove that in acting in the manner alleged to constitute such offence he was acting in obedience to the express orders of such owner.
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Restriction of omnibuses to approved roads.
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119.—(1) The Minister may approve of any particular road as a road upon which large public service vehicles or any particular class of such vehicles may be used as omnibuses and may attach to such approval such conditions in relation to the user of such road as he may think fit.
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(2)Before approving of a particular road under the foregoing sub-section the Minister shall consult the Commissioner and also the county surveyor of every county through which such road passes, the council of every county borough, borough and urban district through which such road passes, and the town commissioners of every town through which such road passes, and shall consider any representations made to him by such persons and bodies in relation to such proposed approval.
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(3)Any road included in a route upon which any person is at the commencement of this section authorised by a licence issued under the Road Transport Act, 1932 (No. 2 of 1932), to carry on a passenger road service consisting of a service of omnibuses shall be deemed to be a road approved of by the Minister under this section as a road upon which large public service vehicles may be used as omnibuses.
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(4)The Minister may at any time withdraw or modify an approval given or deemed to have been given by him under this section in respect of any road, but shall not make without previous consultation with the Minister for Industry and Commerce any such withdrawal or modification in respect of a road which is for the time being included in a route upon which any person is authorised by a licence issued under the Road Transport Act, 1932 (No. 2 of 1932), to carry on a passenger road service consisting of a service of omnibuses.
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(5)Whenever a large public service vehicle is used as an omnibus on a road which is not for the time being approved of or deemed to have been approved of by the Minister under this section as a road upon which large public service vehicles generally or large public service vehicles of a class which includes such first-named vehicle may be used as omnibuses or is so used on a road which is for the time being so approved in a manner which is a contravention of or not in accordance with a condition attached to such approval, the owner of such vehicle shall (notwithstanding the possession of any licence or permit issued under any other Act) be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding fifty pounds.
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Language of public notices and tickets of omnibuses.
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120.—All public notices in relation to and all passengers' card tickets for journeys in an omnibus shall so far as practicable be printed in both the Irish and the English languages.
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Limitation on number of passengers.
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121.—(1) Save as is otherwise provided by this section, it shall not be lawful to carry in a public service vehicle a greater number of passengers at any one time than the number stated in the public service vehicle licence relating to such vehicle to be the number of passengers for which passenger accommodation is available in such vehicle.
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(2)The Minister may, by regulations made under this Act, authorise the carrying in any large public service vehicle or any such vehicle of a particular class, but only in specified special circumstances or on specified special occasions or during specified hours, of a limited greater number of passengers at one time than would otherwise be lawful under this section.
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(3)Whenever passengers are carried in contravention of this section in a public service vehicle, the owner of such vehicle and also the conductor or, if there is no conductor, the driver of such vehicle shall each be guilty severally of an offence under this section and shall on summary conviction thereof be liable, in the case of a first offence, to a fine not exceeding five pounds or, in the case of a second or any subsequent offence, to a fine not exceeding ten pounds.
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(4)Whenever a person charged with an offence under this section is the owner of the vehicle in respect of which such offence is alleged to have been committed, it shall be a good defence to such charge for such person to prove that, on the occasion on which such offence is alleged to have been committed, the conductor or, if there was no conductor, the driver of such vehicle did the act alleged to constitute such offence in contravention of express orders given by such owner.
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(5)Whenever a person charged with an offence under this section was, on the occasion on which such offence is alleged to have been committed, the conductor or the driver of the vehicle in respect of which such offence is alleged to have been committed it shall be a good defence to such charge for such person to prove that in acting in the manner alleged to constitute such offence he was acting in obedience to the express orders of the owner of such vehicle.
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Weekly period of rest for drivers and conductors.
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122.—(1) Every person employed as driver or as conductor of a large public service vehicle shall have a weekly period of rest of not less than twenty-four consecutive hours in every period of seven days, and the right of such person to such weekly period of rest shall be deemed to be a term of his employment as such driver or conductor (as the case may be).
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(2)Every employer who does not allow to every person employed by him as driver or as conductor of a large public service vehicle the weekly period of rest to which such person is entitled under this section and every person employed as driver or as conductor of a large public service vehicle who does not take the weekly period of rest to which he is entitled under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
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Regulations in relation to conduct of passengers, drivers, and conductors.
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123.—(1) The Minister may make regulations for regulating and controlling the conduct of passengers in public service vehicles and of drivers, conductors, and other persons employed in or about such vehicles, and different such regulations may be so made in respect of different classes of such vehicles, and the carriage of merchandise, parcels, passengers' luggage, and animals in or on such vehicles.
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(2)Regulations made under this section may confer on the conductor or, where there is no conductor, the driver of a large public service vehicle power in specified circumstances or for specified reasons to exclude or remove from such vehicle particular persons, merchandise, parcels, luggage, and animals or any of them and for that purpose to use such force as may be necessary.
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(3)Every person who does any act (whether of commission or omission) which is a contravention of a regulation made under this section and applicable to him shall be guilty of an offence under this sub-section and shall on summary conviction thereof be liable to a fine not exceeding five pounds.
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(4)The conductor or (where there is no conductor) the driver of a public service vehicle or any member of the Gárda Síochána on the request of such conductor or such driver may remove (using such force as may be necessary) from such public service vehicle any person who has done in such vehicle an act (whether of commission or omission) which is a contravention of a regulation made under this section and for the time being in force.
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(5)Where the conductor or (if there is no conductor) the driver of a public service vehicle or a member of the Gárda Síochána alleges that such passenger has done in such vehicle an act (whether of commission or omission) which is a contravention of a regulation made under this section and demands of such passenger his name and address, it shall be the duty of such passenger to give to such conductor, driver, or member his name and address, and if such passenger fails or neglects so to do or gives a name and address which is false or misleading he shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
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(6)The Minister shall not make regulations under this section in relation to large public service vehicles without previous consultation with the Minister for Industry and Commerce.
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(7)Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.
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Duty of passengers to pay fare, etc.
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124.—(1) It shall be the duty of every passenger in an omnibus on the request of the conductor or (where there is no conductor) the driver of such omnibus or of any inspector or other person authorised in that behalf by the licensee of such omnibus— (a) to inform such conductor, driver, inspector, or other person of the journey which such passenger has taken or intends to take in such omnibus and the place at which he got into such omnibus; (b) to pay the fare for the whole journey taken or intended to be taken by such passenger in such omnibus and to accept the appropriate ticket therefor; (c) to produce to such conductor, driver, inspector, or other person the ticket given to such passenger in respect of such fare.
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(2)Every person who fails or refuses to do any act which it is his duty under this section to do shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.
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Penalty for damaging public service vehicle.
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125.—Every person who wilfully or maliciously commits any damage or injury to a licensed public service vehicle shall be guilty of an offence under this section and on summary conviction thereof shall be liable to a fine not exceeding five pounds and may be ordered by the court by whom he is so convicted to pay to the owner of such vehicle such sum as such court shall fix as compensation for such damage or injury and for the loss of the time of such owner and of the driver and conductor of such vehicle or of any of them (as the case may require) in attending such court.
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Penalty for failure to pay hire or fare.
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126.—(1) If any person shall refuse or omit to pay to the owner or to the driver or conductor of a licensed public service vehicle any sum which is justly due and payable by such person to such owner or to such driver or conductor on behalf of such owner for the hire of such vehicle such person shall be guilty of an offence under this section and shall on summary conviction thereof be liable to the punishment hereinafter mentioned.
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(2)If any person shall refuse or omit to pay to the driver or to the conductor (if any) of a large public service vehicle any sum which is justly due and payable by such person to such driver or such conductor (as the case may be) as the fare for the carriage of such person in such vehicle such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the punishment hereinafter mentioned.
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(3)Whenever the owner, driver, or conductor of a licensed public service vehicle complains to a member of the Gárda Síochána that an offence under this section is being or has been committed in relation to such owner, driver, or conductor (as the case may be) by a person pointed out to such member by such owner, driver, or conductor, such member may arrest without warrant the person so pointed out to him and hold such person to bail to appear before a Justice of the District Court.
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(4)Every person who is summarily convicted of an offence under this section shall be liable to a fine not exceeding five pounds or, at the discretion of the court, to imprisonment for any term not exceeding one month and may also be ordered by the court to pay to such owner, driver, or conductor (as the case may be) the sum the non-payment of which constituted the offence and such further sum as the court shall fix as compensation for the loss of time of such owner, driver, or conductor in attending the court.
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Property left in public service vehicles.
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127.—(1) The Commissioner may make bye-laws in respect of the whole of Saorstát Eireann or any specified part thereof for all or any of the following purposes, that is to say:— (a) requiring the owners, drivers, and conductors of public service vehicles to deposit in an appointed place within a specified time property left in such vehicles by passengers therein; (b) providing for the safe custody of such property and the re-delivery of such property to the owners thereof; (c) providing for the disposal of all such property which is not re-delivered to the owners thereof and, in particular, making special provision in regard to any such property which is a live animal or is of a perishable or offensive character; (d) authorising the charging of fees for the re-delivery of such property to the owners thereof; (e) providing, with the consent of the Minister for Finance, for the disposal of fees, proceeds of sale, and other moneys received by the Commissioner in respect of such property including the payment out of such moneys of rewards to persons depositing such property in pursuance of this section; (f) exempting from the bye-laws or making other special provision in relation to any particular owner of public service vehicles who, in the opinion of the Commissioner, makes satisfactory provision for the safe custody, re-delivery, and disposal of property left in his vehicles by passengers.
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(2)Every person who does any act (whether of commission or omission) which is a contravention of a bye-law made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
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Registers to be kept by the Commissioner.
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128.—(1) The Commissioner shall cause to be established and kept the following registers, that is to say:— (a) a register of public service vehicle licences granted under this Part of this Act; and (b) a register of drivers' licences granted under this Part of this Act; and (c) a register of conductors' licences granted under this Part of this Act; and (d) a register of lost property deposited with the Commissioner under this Part of this Act.
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(2)Every register kept in pursuance of this section shall be in such form as the Commissioner shall direct and there shall be entered therein all such matters as are required by this Act to be entered therein and all such other matters as the Commissioner shall direct.
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(3)There shall be entered in every register of licences kept in pursuance of this section the addresses of the respective holders of the several licences registered in such register and for the time being in force and also every change of any such address which is communicated to the Commissioner in pursuance of this Part of this Act.
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(4)Any notice or other document which is required by or under this Act to be sent by post to the holder of a licence registered in a register kept under this section shall be so sent to such holder at the address which is for the time being entered in such register as his address.
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Giving of registers in evidence.
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129.—(1) Every register kept in pursuance of this Part of this Act shall be received in evidence without further proof in any legal proceedings on being produced as such register by an officer of the Gárda Síochána.
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(2)Every document purporting to be a copy of an entry in a register kept in pursuance of this Part of this Act and purporting to be certified by an officer of the Gárda Síochána to be a true copy of such entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of such entry and to be evidence of the terms of such entry.
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(3)Every register kept in pursuance of this Part of this Act shall at all reasonable times be open to inspection by any person on payment of such fee, not exceeding one shilling, as shall from time to time be fixed by the Commissioner with the consent of the Minister.
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(4)Any person shall be entitled to obtain from the Commissioner a copy, certified in writing by an officer of the Gárda Síochána to be a true copy, of any entry in any register kept in pursuance of this Part of this Act on payment therefor of such fee, not exceeding sixpence for every folio or part of a folio of seventy-two words contained in such copy, as shall from time to time be fixed by the Commissioner with the consent of the Minister.
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(5)A certificate purporting to be signed by an officer of the Gárda Síochána and to certify that on a specified day or days or during the whole of a specified period that— (a) a public service vehicle licence was in force in respect of a specified public service vehicle, or (b) no public service vehicle licence was in force in respect of a specified public service vehicle, or (c) a specified person was the holder (as the case may be) of a public service vehicle licence then in force or of a driver's licence then in force or of a conductor's licence then in force, or (d) a specified person was not the holder (as the case may be) of a public service vehicle licence or of a driver's licence or of a conductor's licence, or (e) a specified public service vehicle licence, driver's licence, or conductor's licence was revoked or suspended, shall without proof of the signature of the person purporting to sign such certificate or that he was an officer of the Gárda Síochána, be evidence until the contrary is proved of such of the matters aforesaid as are purported to be certified in and by such certificate.
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Licences to continue in force.
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130.—(1) Every licence granted under section 2 of the Dublin Amended Carriage Act, 1854 , to keep, ply, use, or let for hire a vehicle which is a public service vehicle within the meaning of this Act shall, if it bears date as of a day prior to the commencement of this Part of this Act and is in force at such commencement, continue in force (unless previously revoked) until the 31st day of December next following such commencement and shall then expire, and shall during such continuance be deemed for all purposes to be a public service vehicle licence granted in respect of such vehicle under this Part of this Act.
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(2)Every licence granted under section 52 of the Dublin Carriage Act, 1853 , to act as driver of a hackney carriage, stage carriage or job carriage shall, if it bears date as of a day prior to the commencement of this Part of this Act and is in force at such commencement, be deemed until the 31st day of December next after such commencement to be a driver's licence granted under this Part of this Act as well as a driver's licence granted under the said section 52 and shall until the said 31st day of December have effect accordingly and be subject to such of the provisions of this Part of this Act in relation to drivers' licences as are capable of applying thereto as well as to the provisions of the said Dublin Carriage Act, 1853 .
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(3)Every licence granted under section 52 of the Dublin Carriage Act, 1853 , to act as conductor of a stage carriage shall, if it bears date as of a day before the commencement of this Part of this Act and is in force at such commencement, be deemed until the 31st day of December next after such commencement to be a conductor's licence granted under this Part of this Act as well as a conductor's licence granted under the said section 52 and shall until the said 31st day of December have effect accordingly and be subject to such of the provisions of this Part of this Act in relation to conductors' licences as are capable of applying thereto as well as to the provisions of the said Dublin Carriage Act, 1853 .
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PART VIII.
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Special Provisions for Street Service Vehicles.
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Definition of use as a street service vehicle.
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131.—For the purposes of this Part of this Act a small public service vehicle shall be deemed to be used as a street service vehicle if and whenever— (a) such vehicle and the driver thereof is hired in a public place for the carriage of passengers for reward on the terms that such hiring is to commence immediately, or (b) the driver of such vehicle offers in a public place himself and such vehicle for immediate hire for the carriage of passengers for reward, or (c) the driver of such vehicle stands or drives such vehicle in a public place for the purpose of being immediately hired with such vehicle to carry passengers for reward, or (d) such vehicle is used for the carriage of passengers for reward in pursuance of a contract of hiring made in a public place with the driver of such vehicle for the immediate hire of such driver and such vehicle for the carriage of such passengers.
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Taximeter areas.
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132.—(1) In this Part of this Act the expression “taximeter area.” means an area which is for the time being declared by an order made under this section to be a taximeter area for the purpose of this Part of this Act.
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(2)The Minister may at any time by order made after consultation with the Minister for Justice declare that any specified area shall be a taximeter area as from the date of such order or any later date specified in such order.
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(3)The Minister may at any time by order made after consultation with the Minister for Justice revoke or amend any order previously made by him under this section (including this sub-section).
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Restriction on use of private hire vehicles.
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133.—(1) It shall not be lawful for a licensed small public service vehicle, the public service vehicle licence in respect of which is limited to use as a private hire vehicle, to be used as a street service vehicle in any fare bye-law area.
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(2)Whenever a small public service vehicle is used as a street service vehicle in contravention of this section, the owner of such vehicle shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
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Taximeters on street service vehicles.
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134.—(1) It shall not be lawful to use as a street service vehicle in a taximeter area any mechanically propelled vehicle which is not a licensed small public service vehicle or which is not fitted in the prescribed manner with a taximeter complying with this Part of this Act and in good order, repair, and condition.
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(2)Whenever a mechanically propelled vehicle is used as a street service vehicle in contravention of this section the owner of such vehicle and also the driver of such vehicle shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.
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(3)Nothing in this section shall operate to render it unlawful to use for the carriage of passengers for reward in a taximeter area a licensed small public service vehicle which is not fitted with a taximeter where the contract for such carriage of such passengers was not made in a taximeter area.
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Illumination of taximeters at night.
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135.—(1) It shall not be lawful for a small public service vehicle which is fitted with a taximeter to be used as a street service vehicle during lighting-up hours unless— (a) there is fitted to such vehicle a lamp so situated as to illuminate when lit the dial of the taximeter fitted to such vehicle, and (b) such lamp is lit and in efficient condition.
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(2)Whenever a small public service vehicle is used as a street service vehicle in contravention of this section the owner of such vehicle and also the driver thereof shall each be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.
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Annual inspection and verification of taximeters.
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136.—(1) The definition of “measuring instrument” contained in section 35 of the Weights and Measures Act, 1889, as extended by section 10 of the Weights and Measures Act, 1928 (No. 3 of 1928), shall be and is hereby extended so as to include a taximeter, and the said section 35 shall have effect accordingly.
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(2)The powers and duties of inspectors of weights and measures appointed by the Right Honourable the Lord Mayor, Aldermen, and Burgesses of Dublin or by the Corporation of Dun Laoghaire shall not extend to or include the inspection, testing, verification, or stamping of taximeters.
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(3)The Commissioner may from time to time appoint so many members of the Gárda Síochána to be inspectors of measuring instruments (in this section referred to as special inspectors) for the purposes of the inspection, verification and stamping of taximeters as he may think necessary and the Minister for Finance shall sanction, and the following provisions shall have effect in relation to such special inspectors, that is to say:— (a) the Commissioner may suspend or dismiss any special inspector from his office as special inspector; (b) no member of the Gárda Síochána shall be appointed to be a special inspector unless he possesses either a certificate under section 8 of the Weights and Measures Act, 1904, or a special inspector's certificate granted in accordance with regulations made by the Minister for Industry and Commerce under this section; (c) an ex-officio inspector of weights and measures may be appointed to be a special inspector and when so appointed may, if the Commissioner so directs, continue to be an ex-officio inspector of weights and measures; (d) every special inspector shall, in relation to the inspection, verification and stamping of taximeters, have all the powers and perform all the duties conferred or imposed on an inspector or an ex-officio inspector of weights and measures by the Weights and Measures Acts, 1878 to 1928, but without any restriction as to the area or district in which such powers may be exercised or such duties are to be performed by such special inspector; (e) references in the Weights and Measures Acts, 1878 to 1928, to an inspector or an ex-officio inspector of weights and measures shall, in relation to the inspection, verification and stamping of taximeters, be construed as including references to a special inspector, and the said Acts shall have effect accordingly; (f) the Commissioner shall provide every special inspector with such standards and equipment as are necessary for the performance by him of his duties as such special inspector; (g) there shall be paid in respect of the verification and stamping of taximeters by special inspectors such fees as may be appointed by regulations made under this section by the Minister for Industry and Commerce with the consent of the Minister for Finance, and every such fee shall be payable by the person appointed in that behalf by the said regulations; (h) all fees payable under this section in respect of the verification and stamping of taximeters by special inspectors shall be paid to the Commissioner and disposed of by him in accordance with this Act, save that such proportion (if any) of such fees as the Minister for Finance shall direct shall be paid into the Gárda Síochána Reward Fund.
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(4)In addition to the powers conferred by section 8 of the Weights and Measures Act, 1889, as extended by section 6 of the Weights and Measures Act, 1904, the Minister for Industry and Commerce shall be entitled to charge on the comparison and verification of the standards and equipment provided by the Commissioner under this section such fees as he may, after consultation with the Minister and with the approval of the Minister for Finance, appoint.
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(5)The power of making general regulations vested in the Minister for Industry and Commerce by virtue of section 5 of the Weights and Measures Act, 1904, shall include power to make, after consultation with the Minister, general regulations with respect to the provision and maintenance of standards and equipment by the Commissioner under this section and the verification of such standards and equipment and with respect to the guidance of special inspectors in the execution and performance of their duties under this section, and the said section 5 shall be construed and have effect accordingly.
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(6)This section shall be construed as one with the Weights and Measures Acts, 1878 to 1928, and those Acts and this section may be cited together as the Weights and Measures Acts, 1878 to 1933.
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Bye-laws in relation to standings for street service vehicles.
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137.—(1) The Commissioner may with the consent of the Minister and after consultation with the local authority concerned make bye-laws in respect of any specified area for all or any of the following purposes, that is to say:— (a) appointing the places (in this Act referred to as appointed standings) in such area at which street service vehicles may stand for hire; (b) fixing the maximum number of street service vehicles which may stand for hire at any one time on any particular appointed standing; (c) prohibiting street service vehicles from standing for hire at places in such area which are not appointed standings; (d) regulating and controlling the use of appointed standings by street service vehicles.
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(2)Every driver of a street service vehicle who does any act, whether of commission or omission, which is a contravention of a bye-law made under this section and for the time being in force shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.
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Colours of street service vehicles and uniforms of drivers.
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138.—(1) The Commissioner may, with the consent of the Minister and after consultation with the local authority concerned, make bye-laws in respect of any specified fare bye-law area for all or any of the following purposes, that is to say:— (a) requiring every small public service vehicle used as a street service vehicle in such area to be painted or otherwise coloured in whole or to a specified extent a specified colour or combination of colours; (b) requiring every such vehicle to be marked in a specified place or manner with a specified distinctive number, word, letter, or other mark; (c) requiring every driver of any such vehicle to wear a cap or hat, coat, and other articles of clothing of a specified uniform pattern and colour; (d) prohibiting the use (otherwise than as a street service vehicle) in such area of any mechanically propelled vehicle which is painted or otherwise coloured in the manner appointed by bye-laws made under this section for street service vehicles in such area or in a manner so closely resembling the manner so appointed as to be calculated to deceive; (e) prohibiting the wearing in such area by any person (other than the driver of a street service vehicle) of any article of clothing of a pattern and colour appointed by bye-laws made under this section for the uniform of the drivers of street service vehicles or of a pattern or colour and so closely resembling the pattern and colour so appointed as to be calculated to deceive.
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(2)Whenever any vehicle is used in contravention of a bye-law made under this section the owner of such vehicle shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
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(3)Every person who omits to wear any article of clothing which he is required by a bye-law made under this section to wear or who wears any article of clothing the wearing of which by him is a contravention of any such bye-law shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.
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Fare bye-laws.
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139.—(1) The Commissioner may, with the consent of the Minister and after consultation with the local authority concerned, make bye-laws (in this Act referred to as fare bye-laws), fixing the fares which may lawfully be charged for the hire of and for services performed by street service vehicles hired in any specified area and different such bye-laws may be so made in respect of different specified areas but every such specified area shall either be co-extensive with a taximeter area or shall not include any taximeter area or any part of a taximeter area.
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(2)Different fares may be fixed by fare bye-laws in respect of different classes of street service vehicles.
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(3)In this Part of this Act— the expression “lawful fare” means the fare fixed by fare bye-laws for the service and in the area in relation to which the expression is used, and the expression “fare bye-law area” means an area in respect of which fare bye-laws are for the time being in force.
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Exhibiting notices of fare bye-laws in street service vehicles.
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140.—(1) It shall not be lawful for a small public service vehicle to be used as a street service vehicle in a fare bye-law area unless there is exhibited in such vehicle in such place and manner as shall be directed by the fare bye-law in force in such place a notice in such form and of such material as shall be directed by such fare bye-laws stating the fares fixed by such fare bye-laws in respect of such vehicle.
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(2)Whenever a mechanically propelled vehicle is used in contravention of this section the owner of such vehicle shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds, Prohibition of excessive fares.
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141.—(1) Save as may be authorised by fare bye-laws, it shall not be lawful for the driver of a street service vehicle which is fitted with a taximeter to charge or demand for services rendered by him with such vehicle any greater sum than the lawful fare as shown by such taximeter.
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(2)It shall not be lawful for the driver of a street service vehicle to charge or demand for services rendered by him with such vehicle in a fare bye-law area any greater sum than the lawful fare for such services.
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(3)Every driver of a street service vehicle who charges or demands any sum in contravention of this section shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.
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Restriction on use of the word “taxi.”
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142.—(1) It shall not be lawful for any person in any written statement, advertisement, or other notice published by him (including notices affixed to or displayed in his own premises or vehicles) to use, as a description of or otherwise in relation to a vehicle which is not a street service vehicle fitted with a taximeter, the word “taxi” or any other word or expression reasonably calculated to suggest that such vehicle is a street service vehicle or is fitted with a taximeter.
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(2)Every person who uses any word or expression in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds together with, in the case of a continuing offence, to a further fine not exceeding one pound for every day during which the offence is continued.
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Duty of street service vehicle driver to hirer.
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143.—(1) Whenever a street service vehicle is lawfully hired it shall be the duty of the driver of such vehicle while such hiring continues to do the following things, that is to say:— (a) to drive such vehicle with such passengers and personal luggage and to such place as the hirer shall lawfully and reasonably direct; and (b) while so driving to proceed at a reasonable speed and by such route as the hirer shall lawfully direct or where no such direction is given, by the most expeditious route; and (c) to wait with such vehicle at such places and for such times as the hirer shall lawfully direct.
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(2)If the driver of a street service vehicle which is lawfully hired does any act (whether of commission or omission) which is a contravention of his duty under this section he shall, save as is otherwise provided by this Act, be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.
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Obligation of street service vehicle driver to accept hire.
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144.—(1) Whenever any person (in this section referred to as the intending hirer) requests the driver of a street service vehicle then standing for hire in a fare bye-law area to drive him in such vehicle to a specified place within such area and tenders to such driver the lawful fare for such service it shall be the duty of such driver to comply with such request and if he fails or refuses so to do he shall, unless he has a reasonable excuse for such failure or refusal, be found guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.
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(2)For the purpose of this section— (a) a street service vehicle which has been hired by any person shall not, while such hiring continues, be deemed to be standing for hire, and (b) proof that a mechanically propelled vehicle had affixed thereto a vehicle plate, and (if in a taximeter area) was fitted with a taximeter, and (in any case) was not occupied by any person other than the driver thereof, and was stationary in a public place in a fare bye-law area shall be evidence, until the contrary is proved, that such vehicle was standing for hire.
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(3)Whenever the driver of a street service vehicle is charged with an offence under this section and the intending hirer in relation to whom such offence is alleged to have been committed does not appear at the hearing in court of such charge or the court is satisfied that such driver at the time when such offence was alleged to have been committed had been hired by another person and such hiring had not terminated or that such driver had a reasonable excuse for the failure or refusal which constituted such alleged offence and that such driver civilly informed such intending hirer of such previous hiring or of such excuse (as the case may be), the court may order such intending hirer to pay the costs of the proceedings and also to pay to such driver such reasonable sum as the court shall specify as compensation for his loss of time in attending in court at the hearing.
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Rights of street service vehicle driver against hirer.
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145.—(1) Whenever the driver of a street service vehicle which has been lawfully hired in a fare bye-law area is lawfully directed by the hirer at any time during such hiring to drive such vehicle to a place in such area, it shall be lawful for such driver to demand and receive from the hirer either (at the option of such driver) the lawful fare for the services theretofore rendered by such driver during such hiring or the lawful fare for such services together with the lawful fare for driving to the said place from the place at which such direction is given.