(4)Where a licence is revoked by the court under subsection (1), the holder shall return the licence to the licensing authority, upon the revocation.
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(5)The holder of a licence which has been revoked under subsection (1) who fails to return it to the licensing authority commits an offence and is liable on summary conviction to a class E fine.
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Fixed payment offences 48. (1) Where an authorised person has reasonable grounds for believing that a person is committing or has committed an offence under section 7
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(5)or (7), 8
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(8), 9
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(6), 11
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(4), 17
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(4), 20
\n
(4)(b), 23
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(1)or (4), 24
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(7)or (9), 25
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(9)or (10), 26
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(4), 27
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(2), 29
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(6), 31
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(2), 37
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(3), 43
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(1)in respect of a contravention of section 41 , 66
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(5)or 68
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(3)(“fixed payment offence”) he or she may serve personally or by post on the person a notice (“fixed payment notice”) in the prescribed form stating that— (a) the person is alleged to have committed the offence, (b) the person may, during the period of 28 days beginning on the date specified in the notice, make to the Authority at the address specified in the service of the notice a payment of the prescribed amount accompanied by the notice, (c) if the person does not make the payment specified in paragraph (b), during the period of 28 days beginning on the expiration of that period, the person may make a payment as specified in the notice of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b), (d) if the alleged offence relates to a demerit offence (within the meaning of Part 5), if the person on whom it is served makes the payment specified in the notice in accordance with the notice or is convicted of the offence concerned, different specified numbers of demerits will be endorsed on the SPSV licence record (within the meaning of Part 5) of the person, (e) the person is not obliged to make the payment, and (f) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.
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(2)Where notice is given under subsection (1)— (a) the person to whom the notice applies may, during the period specified in the notice, make to the Authority at the address specified in the notice the payment specified in the notice accompanied by the notice, (b) the Authority may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, (c) a prosecution in respect of the alleged offence shall not be instituted during the period specified in the notice, and if the payment so specified is made during the period, no prosecution in respect of the alleged offence shall be instituted.
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(3)In a prosecution for an offence under a provision referred to in subsection (1) the onus of proving that a payment to a fixed payment notice has been made lies on the defendant.
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(4)Regulations under subsection (1) prescribing an amount for a fixed payment offence may prescribe, in accordance with subsection (5), different fixed payment amounts in relation to— (a) different offences and in the case of an offence under section 20
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(4)in relation to different contraventions, and (b) such offences involving different categories of small public service vehicle and to such contraventions committed in different areas.
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(5)Where the Authority prescribes the amount of a fixed payment, the amount shall not exceed, where the fine to which a person would be liable on summary conviction of the alleged offence is— (a) a class A fine, €500, (b) a class B fine, €400, (c) a class C fine, €250, (d) a class D fine, €100, or (e) a class E fine, €50.
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(6)The Authority may make regulations prescribing any matter referred to in this section as prescribed or to be prescribed.
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(7)Income generated by the payment of prescribed fixed charge amounts under this section shall be disposed of in a manner determined by the Authority with the agreement of the Minister and the Minister for Public Expenditure and Reform.
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Payment of fixed amount on service of summons 49. (1) A person who is served with a summons in respect of an offence referred to in section 48
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(1)may pay an amount as stated in a notice which may be served with the summons on the person in respect of the alleged offence and in the manner as specified in the notice not later than 7 days before the date specified in the summons on which the charge is to be heard by the court. If the person pays the amount stated in the manner as specified in the notice within that period proceedings in respect of the alleged offence will be discontinued and the person need not attend the court on the day specified in the summons.
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(2)A notice served under subsection (1) may be served by the Authority.
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(3)The amount stated in a notice served with a summons on a person under subsection (1) shall be an amount 100 per cent greater than the prescribed amount stated in the fixed payment notice served on the person, in accordance with section 48 , in respect of the alleged offence.
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(4)A payment under subsection (1)— (a) may be received only within the period referred to in subsection (1) and in accordance with the payment notice, and (b) is not recoverable by the person paying it.
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(5)The person receiving a payment under subsection (1) may issue a receipt for it.
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(6)Any sums received under subsection (1) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Public Expenditure and Reform directs.
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(7)Where a person is served with a summons in respect of an offence referred to in section 48
\n
(1), evidence given by the person that he or she was not served with a fixed payment notice in accordance with section 48 in respect of the alleged offence is not a defence to the alleged offence.
\n
(8)In this section “summons” means a summons issued under— (a) section 10 of the Petty Sessions (Ireland) Act 1851 , or (b) the Courts (No. 3) Act 1986 .
\n
Offence - body corporate 50. (1) Where an offence under this Act is committed by a body corporate and is proven to have been so committed with the consent, connivance or approval of or to have been attributable to the wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
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(2)Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.
\n
PART 7
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Other Non-Taxi Services
\n
Chapter 1
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Community Transport Service Definitions - Part 7 51. In this Part— “approved community transport service” means a community transport service granted an exemption; “approved vehicle” means a mechanically propelled vehicle approved by the Authority for the purpose of the carriage of passengers in respect of a community transport service; “approved volunteer driver” means a driver approved by the Authority to drive an approved vehicle to carry a passenger in the course of providing a community transport service; “charitable tax exemption” means an exemption from income tax granted, under section 207 of the Taxes Consolidation Act 1997 , by the Revenue Commissioners to a charity; “charity” means a body of persons or a trust established for charitable purposes only; “community transport service” means a transport service provided— (a) by a person concerned for the social and welfare needs of one or more communities, (b) without a gain for the person providing the service or another, and (c) where the fare or payment for a journey or in respect of passengers using the service does not exceed the cost of providing the service in respect of the journey; “exemption” means an exemption, granted to the operator of a community transport service under section 53 , from the requirements of licensing regulations; “volunteer driver” means a person who drives a mechanically propelled vehicle in the course of providing a community transport service and receives no reward for his or her services other than the payment to him or her of any reasonable costs and expenses incurred by him or her.
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Approved community transport service 52. (1) Where a community transport service is granted an exemption, the service may be provided by the holder of the exemption with approved vehicles driven by approved volunteer drivers.
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(2)An approved vehicle which is used in the provision of an approved community transport service and which is being driven by an approved volunteer driver is exempt from the requirement under licensing regulations for the vehicle to be licensed.
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(3)An approved volunteer driver who drives an approved vehicle in the provision of an approved community transport service is exempt from the requirement under licensing regulations to hold a licence to drive a small public service vehicle under licensing regulations and, accordingly, the requirements of section 22
\n
(2)do not apply to the driver in these circumstances.
\n
Exemption application process - community transport service 53. (1) The Authority may grant an exemption from the requirement of licensing regulations to a person proposing to operate a community transport service.
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(2)In order to be granted an exemption from the requirements of licensing regulations, the person proposing to operate a community transport service shall submit in writing to the Authority an application for such stating— (a) the name of the proposed community transport service, that it is a charity and its purpose, (b) that the operator of the proposed service has been granted charitable tax exemption, and giving details of the tax exemption, (c) if charges in respect of the cost of operating the service are to be made of persons availing of the service, the nature and proposed level of those charges, (d) the name and address of the person who proposes to operate the service, (e) the name and address of any volunteer driver proposed to drive a vehicle in respect of the service, and (f) the unique identification mark (registration number) of any mechanically propelled vehicle to be used in the provision of the service.
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(3)The application shall be accompanied by evidence that— (a) any vehicle to be used in the course of operation of the proposed service— (i) is covered by an approved policy of insurance (within the meaning of section 62 of the Act of 1961) in respect of any person being carried in it during the course of its operation, and (ii) has a test certificate issued under section 18 of the Act of 1961 in force in respect of the vehicle, if such a certificate is required in respect of the vehicle, and (b) any volunteer driver connected with the proposed service holds a driving licence (within the meaning of the Act of 1961) and is covered by a policy of insurance in respect of driving an approved vehicle.
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(4)The Authority in considering an application for an exemption submitted under subsection (2)— (a) shall have regard to any charitable tax exemption given to the proposed community transport service and the needs of the community in relation to the community transport service being proposed and, in particular, the needs of rural communities without adequate transport services, and (b) may require in this regard such further details as it considers necessary to make its decision.
\n
(5)In granting an application for an exemption, the Authority may approve such vehicles and volunteer drivers mentioned in the application as it sees fit.
\n
(6)The Authority shall inform the applicant by notice of the decision.
\n
(7)An exemption may be for a specified period.
\n
(8)An exemption under this section shall be subject to any terms and conditions attached to it.
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(9)An exemption— (a) shall not be granted to an applicant who is not a charity and does not have a charitable tax exemption in respect of the community transport service concerned, and (b) stands withdrawn, if a charitable tax exemption in respect of the operator of the community transport service is withdrawn by the Revenue Commissioners or the operator ceases to be a charity.
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(10)The holder of an exemption shall inform the Authority in writing of any change of address of the holder.
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Records 54. An approved community transport service provider shall keep and maintain records of bookings, payments from passengers and payments to approved volunteer drivers. These records shall be made available to the Authority upon request in writing by the Authority, not later than 21 days after the date of the request being made.
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New vehicle or volunteer drivers 55. Where the holder of an exemption proposes to use vehicles or use the services of volunteer drivers other than those who are approved in the application for the exemption, the holder shall submit to the Authority for approval details of such vehicles or drivers to the Authority.
\n
Chapter 2
\n
Other exemptions from licensing regulations Regulations granting exemptions from requirements of licensing regulations 56. (1) The Authority may make regulations specifying categories or classes of vehicles or drivers or services to be exempted from the requirement under licensing regulations to hold a licence in respect of such vehicle, driver or service.
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(2)Regulations made under this section may only specify a category or class of vehicle, driver or service for exemption from licensing regulations where— (a) in the case of a service, the service is provided without gain for the provider and any payment for a journey, in respect of passengers using the service, does not exceed the cost of providing the service in respect of the journey, (b) in the case of a driver, the driver— (i) receives no reward for his or her services, other than payment to him or her of an amount not exceeding the reasonable expenses or costs incurred by him or her in driving the vehicle or making himself or herself available to provide the service, or (ii) is operating a vehicle under a contract of employment where the operation of such vehicle is solely for the carriage of the person who has ownership or possession of the vehicle or the carriage, at the request of the person, of others without any gain to the person, and (c) in the case of a vehicle, that the vehicle— (i) is not being driven or used in the course of carrying on a business, (ii) is not being driven or used for the purpose of obtaining reward from its use, or (iii) is driven or used solely for the carriage of the person who has ownership or possession of the vehicle or the carriage, at the request of the person, of others without any gain to the person.
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(3)In making regulations under this section, the Authority may establish the requirements relating to the application for or holding an exemption, including— (a) notification to it of any services, vehicles or drivers the subject of the exemption, (b) the provision of information and records related to the exemption or application for it, and (c) the requirements in relation to tax matters, test certificates (within the meaning of section 18 of the Act of 1961) and approved policies of insurance (within the meaning of section 62 of the Act of 1961) in relation to the service, vehicle or driver, the subject of the exemption.
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(4)The Authority may attach terms and conditions to an exemption under regulations under this section.
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(5)Regulations under this section may provide that an exemption under the regulations applies generally under the regulations or upon application to it for the exemption.
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(6)The requirements of section 22
\n
(2)do not apply to a person who is driving or using a vehicle for the carriage of persons for reward while driving or using the vehicle in compliance with an exemption under regulations under this section.
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Chapter 3
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Administrative Representations and appeal process 57. (1) Where the Authority proposes to refuse an exemption it shall by notice inform the applicant of the proposal and afford the applicant an opportunity to make representations, not later than 14 days of being informed by notice, to the Authority. The Authority shall consider any such representations.
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(2)Where an applicant is not granted an exemption, the applicant may appeal the decision, not later than 14 days from the service of the notice, to the judge of the District Court within whose district it is proposed to operate the service.
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(3)The judge hearing the appeal under subsection (2) may confirm the decision or allow the appeal (with or without modification).
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(4)Where an approved community transport service is operated other than in accordance with Chapter 1 or the terms and conditions of an exemption under section 53 or another service is operated other than in accordance with the requirements of regulations, or the terms or conditions attached to an exemption under regulations, made under section 56 , the Authority may by notice withdraw the exemption or suspend it until the Authority is satisfied that it will be operated in accordance with Chapter 1, regulations under section 56 or its terms or conditions, as the case may be.
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(5)The Authority before withdrawing or suspending an exemption, shall afford the holder of the exemption an opportunity to make representations, not later than 14 days from being informed by notice of the proposal, to the Authority or to take such remedial action as specified in the notice (if any).
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(6)Where an exemption is withdrawn or suspended under subsection (4), the holder may appeal the decision to the judge of the District Court within whose district the holder operates the service. The Court may confirm the decision or allow the appeal (with or without modification).
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(7)The decision of the District Court on an appeal under subsection (2) or (6) is final, save by leave of the Court an appeal on a specified point of law lies to the High Court.
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(8)Where a person makes an appeal under this section, he or she shall at the same time notify in writing the Authority of the appeal.
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(9)In this section “exemption” means an exemption granted under section 54 or regulations made under section 56 .
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Regulations - Part 7 58. (1) The Authority may make regulations in relation to— (a) the regulation of the operation of a vehicle in providing a service under an exemption under this Part, including the operation of the vehicle by its driver, to provide for any or all of the following: (i) the maximum number of passengers permitted to be carried in the vehicle; (ii) restricting or prohibiting the use of the vehicle if it is not in a satisfactory condition; (iii) restricting the periods of time within which the vehicle may be operated in providing the service; (iv) the area of operation of the vehicle in providing a service; (v) the reimbursement of expenses of drivers and operators of the vehicle; (vi) matters relating to any charges for carriage of persons in the vehicle; (vii) the issuing of receipts for journeys undertaken with the vehicle in providing the service; (viii) the keeping of records in respect of the operation of the service, and (b) the vehicle standards to be complied with regarding the road worthiness and suitability of a vehicle with which to provide a service under an exemption under this Part.
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(2)Compliance with regulations made under this section is a term of an exemption under this Part.
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Fees - Part 7 59. (1) An application for an exemption under this Part or the approval of any vehicle or volunteer driver under Chapter 1 shall be accompanied by such fee (if any) as the Authority determines to cover administrative expenses incurred in an application.
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(2)The Authority shall publish details of any fees so determined within this section.
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Powers of authorised persons - Part 7 60. (1) An authorised person, for the purposes of ensuring the holder of an exemption is operating a community transport service in accordance with an exemption under Chapter 1 or another service in accordance with regulations under section 56 or who suspects a person is operating a service or a vehicle without an exemption, may— (a) subject to subsection (2), at any reasonable time, enter the premises or place where any activity connected with a service relating to the exemption is being carried on and search the premises or place, examine any vehicle and inspect any records or documents found there, (b) require a person in charge of the premises or place, or a vehicle on the premises or place, or the driver of the vehicle, to produce to him or her any record or documents (and in the case of such record or document stored in non-legible form, produce to him or her a copy in legible form) relating to the provision of such services which are in the person’s power and control and to give the authorised person such information as he or she may reasonably require for the purpose of enforcing this Part, (c) inspect and take extracts from or make copies of such records or documents (including in the case of information in a non-legible form, an extract from or copy of such information in permanent legible form), or (d) remove and retain such records or documents for a reasonable period for future inspection.
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(2)An authorised person shall not enter, except with the consent of the occupier, a private dwelling for the purposes of this section.
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Register of exemptions 61. (1) The Authority shall establish and maintain a register of exemptions (in this section referred to as the “register”) under this Part.
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(2)The register may be maintained in a form that is not legible if it is capable of being converted into legible form.
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(3)The register shall contain the following information in relation to each exemption: (a) if the exemption is granted to a particular person, the name and address of the holder of the exemption (including any change of address); (b) the details of the exemption; (c) the details of any withdrawal or suspension of the exemption.
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(4)Information contained in the register shall, subject to a determination by the Authority in consultation with the Garda Commissioner that certain information relating to a person referred to in the register should remain confidential, be available for inspection at all reasonable times, upon payment of such fee, if any, as the Authority decides.
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PART 8
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Administration Service agreements 62. (1) The Authority may, with the consent of the Minister and the Minister for Public Expenditure and Reform, and subject to any directions of the Minister, from time to time, enter in writing into an agreement or other arrangement (“service agreement”) subject to the direction and control of the Authority and such terms or conditions as the Authority decides, with another person for the performance of a function under this Act, other than the power to make regulations, orders or codes of practice.
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(2)A function conferred on a person by a service agreement shall be performable by the person in his or her own name, or on behalf of the Authority if the agreement so specifies.
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(3)The existence of a service agreement does not prevent the performance of a function relating to the agreement by the Authority itself.
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(4)The Authority may, subject to its terms and conditions, at any time withdraw or alter the terms of a service agreement.
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(5)A service agreement operates, so long as it continues in operation, to confer on and vest in the person with whom the agreement is made, the function specified in, and subject to any conditions set out in, the service agreement.
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(6)In relation to a service agreement, the Authority may— (a) supervise, control and manage the performance of functions under the agreement, (b) determine and impose any standards or compliance requirements required of the holder of the agreement, (c) where the Authority considers the standards or compliance requirements referred to in paragraph (b) have not been met, give notice to the holder indicating the measures to be taken and warning that the agreement may be terminated if the measures are not taken within such period specified by the Authority, and (d) give directions or issue guidelines by notice to the holder of the agreement in relation to the performance of functions under the agreement.
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(7)Notice of the making of a service agreement or its withdrawal shall be published in Iris Oifigiúil.
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(8)This section is in addition to and not in substitution for section 22 of the Act of 2008.
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Provision of services 63. (1) For the purpose of enabling the Authority to perform its functions under this Act, a statutory body may provide any service to the Authority on such terms and conditions (including payment for such service) as may be agreed and the Authority may avail of such service.
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(2)In this section— “service” includes the use of premises or equipment and the use of services or employees. “statutory body” means— (a) a Minister of the Government, (b) the Commissioners of Public Works in Ireland, (c) a local authority, (d) the Garda Commissioner or a member of the Garda Síochána duly authorised by the Garda Commissioner, (e) a body established by or under statute, (f) a company in which all the shares are held by, or on behalf of, directors appointed by a Minister of the Government, or (g) a company in which all the shares are held by a body referred to in paragraph (e) or a company referred to in paragraph (f).
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Complaints procedure 64. (1) The Authority shall set up a procedure to consider complaints from members of the public and users of small public service vehicles (“complaints procedure”) in respect of— (a) the condition, roadworthiness and cleanliness, (b) the conduct, behaviour and identification of a driver, (c) overcharging or other matters relating to fares (including the failure to issue a receipt) charged by a driver for the hire, (d) matters relating to the hiring and booking, and (e) identification and the general appearance (including logos, stickers and advertisements on the vehicle), of a small public service vehicle.
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(2)The complaints procedure may be amended by the Authority.
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(3)The complaints procedure shall, as far as practicable, be user-friendly and accessible.
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(4)The Authority shall publish on its website and in printed form details of the complaints procedure.
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(5)Any complaint procedures set up under section 51 of the Act of 2003 are deemed to be complaint procedures under this section and may be amended or revoked accordingly.
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Fees 65. (1) The fees set by the Authority under this Act in respect of the licensing of small public service vehicles and drivers of small public service vehicles, the award of quality service certification (within the meaning of section 66 ) and the issue of certificates relating to the registers of licences maintained under section 18 shall, subject to this section, accrue to the Authority.
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(2)Income from fees received by the Authority shall be applied for the purpose of meeting the expenses properly incurred by the Authority in the discharge of its functions under this Act, the Act of 2008 and the Act of 2009.
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(3)Income generated by the payments referred to in subsection (1) shall be disposed of in a manner determined by the Authority with the agreement of the Minister and the Minister for Public Expenditure and Reform.
\n
Service certification 66. (1) The Authority may establish or provide for the establishment of schemes for the recognition of quality service (in this section referred to as “quality service certification”) by persons or companies that provide services for the support of the operation of small public service vehicles.
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(2)The Authority shall determine both the content and design of a notice containing details of the award of a quality service certification, and provisions in relation to the display of the said notice by a person or company determined to be a quality service provider.
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(3)In determining, or arranging for the certification of, requirements and performance criteria for quality service under this section, the Authority shall consult with— (a) the Advisory Committee, (b) the Garda Commissioner, and (c) any other body that the Authority considers may be of assistance in formulating such requirements and performance criteria.
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(4)Certification as a quality service provider under this section may be awarded or removed by the Authority having regard to performance indicators over specified periods of time.
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(5)A person or a company who claims to have been awarded certification as a quality service provider under this section or who displays a notice as such notwithstanding where no such certification has been awarded to the person or company under this section commits an offence and is liable on summary conviction to a class E fine.
\n
(6)In this section “quality service” means a service that meets specified requirements and performance criteria determined, from time to time, by the Authority or by another person on behalf of the Authority.
\n
Continuance of regulations 67. (1) Regulations made by the Minister under section 82 of the Act of 1961 in relation to the control and operation of small public service vehicles which are in force immediately before the commencement of this section may be amended or revoked by the Authority.
\n
(2)Regulations and orders made by the Authority under the Act of 2003, which are in force immediately before the commencement of this section, continue in force as if made under the corresponding provision of this Act and may be amended or revoked by the Authority.
\n
Certificates of insurance and requirement to have adequate insurance cover 68. (1) The Authority may by regulations prescribe the form of a certificate of insurance (within the meaning of section 66 of the Act of 1961) in respect of a small public service vehicle.
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(2)The Authority may make regulations making requirements of the holders of small public service vehicle licences in respect of adequate insurance provided by a vehicle insurer (within the meaning of section 58 of the Act of 1961) in respect of passengers carried for reward in such vehicles.
\n
(3)The holder of a small public service vehicle licence who fails to comply with the requirements of regulations made under subsection (2) and who allows a passenger to be carried for reward in his or her small public service vehicle in contravention of the regulations commits an offence and is liable on summary conviction to a class A fine.
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Ministerial policy directives 69. Section 26(1) of the Act of 2008 is amended by inserting “and the Taxi Regulation Act 2013” after “functions under this Act”.
\n
Performance of functions of Garda Commissioner under this Act 70. The Garda Commissioner may authorise another member of the Garda Síochána not below the rank of Superintendent to act or carry out a function or requirement of the Garda Commissioner under this Act on his or her behalf and, accordingly, a reference in this Act to the Garda Commissioner includes reference to a person so authorised.
\n
Transport strategy 71. (1) The integrated implementation plan under section 13 of the Act of 2008 shall comprise actions to be taken by the Authority with regard to the small public service vehicle industry.
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(2)When preparing the plan for the purposes of subsection (1), the Authority shall have regard to and proposals received from the small public service industry or users of small public service vehicles.
\n
(3)Section 13(2) of the Act of 2008 is amended by inserting after paragraph (c) the following: “(ca) actions to be taken relating to the objectives of the Authority under section 19
\n
(2)of the Taxi Regulation Act 2013,”.
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PART 9
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Advisory Committee on Small Public Service Vehicles Advisory Committee 72. (1) The Advisory Committee established under Part 4 of the Act of 2003 continues in being to perform the functions assigned to it under this Part.
\n
(2)The Advisory Committee shall consist of a chairperson and 17 ordinary members.
\n
(3)(a) The Minister shall appoint a person who, in the opinion of the Minister, has appropriate experience and expertise and is sufficiently independent from small public service vehicle operations and the Authority to be the chairperson of the Advisory Committee. (b) An appointment under paragraph (a) shall be for such period not exceeding 3 years as may be specified by the Minister when appointing the person and shall be on such terms and conditions as may be determined by the Minister, with the consent of the Minister for Public Expenditure and Reform. (c) The chairperson shall chair the meetings of the Advisory Committee. (d) In the event of the chairperson being unable to attend a meeting of the Advisory Committee, the members who are present shall choose one of their number to chair the meeting. (e) In the event of the office of chairperson being vacant, the Minister shall designate one of the members of the Advisory Committee to chair its meetings until a chairperson is appointed.
\n
(4)In addition to the chairperson appointed under subsection (3), the Advisory Committee shall comprise— (a) at least 4 persons representing small public service vehicle and driver interests, (b) at least one person representing local authorities, (c) at least one person representing the Garda Síochána, (d) at least 2 persons who in the opinion of the Minister represent the interests of consumers, (e) at least one person from an organisation representing the interests of persons with disabilities, (f) at least one person who in the opinion of the Minister represents the interests of business, (g) at least one person from an organisation representing the interests of older persons, (h) at least one person who in the opinion of the Minister represents the interests of tourism, and (i) at least 4 other persons, who, in the opinion of the Minister, have a special interest or expertise in matters relating to the functions of the Authority, the Advisory Committee or related matters.
\n
(5)An organisation or person may, at its own initiative or at the request of the Minister, nominate a person to be a member of the Advisory Committee and the Minister in making an appointment under subsection (6), shall have regard, in so far as is practicable, to any nominations received by him or her under this subsection.
\n
(6)The Minister shall appoint persons to be ordinary members of the Advisory Committee in accordance with subsection (4). An appointment under this subsection shall be for such period not exceeding 3 years as may be specified by the Minister when appointing persons and shall be on such terms and conditions as may be determined by the Minister, with the consent of the Minister for Public Expenditure and Reform.
\n
(7)The chairperson and ordinary members of the Advisory Committee may be paid such allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine, out of monies at the disposal of the Authority.
\n
(8)A person whose term of office expires by the passage of time shall be eligible for re- appointment.
\n
(9)In appointing the chairperson and ordinary members of the Advisory Committee, the Minister shall insofar as is practicable ensure— (a) an equitable gender balance between men and women, and (b) both urban and rural representation, in the composition of the Advisory Committee.
\n
(10)A member of the Authority or a member of the staff of the Authority may attend and be heard at meetings of the Advisory Committee but shall not be eligible to vote on any issue.
\n
(11)The Authority shall provide all reasonable facilities and services as may be required by the Advisory Committee for the carrying out of its functions.
\n
(12)The Advisory Committee may act notwithstanding a vacancy or vacancies in its membership.
\n
(13)The Advisory Committee may regulate, by standing orders or otherwise, its procedure and business.
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(14)The members of the Advisory Committee shall decide on the frequency of all meetings, subject to the Advisory Committee meeting at least once each year.
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(15)The chairperson or ordinary members of the Advisory Committee may resign from office by letter addressed to the Minister.
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(16)The Minister may remove from office the chairperson or an ordinary member of the Advisory Committee in any of the following circumstances: (a) where, in the opinion of the Minister, he or she has become incapable through ill- health of effectively performing his or her duties; (b) for stated misbehaviour; (c) in the case of a person appointed to represent an organisation or interest under subsection (4), where the person is no longer such a representative; (d) where his or her removal appears to the Minister to be necessary or desirable for the effective performance by the Advisory Committee of its functions.
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(17)The Minister may, after consultation with the Advisory Committee, make regulations on any matter which the Minister considers expedient for the purposes of this section.
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Functions of Advisory Committee 73. (1) It shall be the duty generally of the Advisory Committee to advise the Authority or the Minister, as appropriate, in relation to issues relevant to small public service vehicles and their drivers.
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(2)Without prejudice to the generality of subsection (1), the Advisory Committee may provide advice from time to time— (a) to the Authority in relation to— (i) proposals for licensing or SPSV regulations or codes of practice submitted by the Authority to the Advisory Committee for advice, (ii) matters relating to the delivery of quality services by small public service vehicles and their drivers, (iii) the preparation and review of the draft integrated implementation plan under section 13 of the Act of 2008 in relation to issues relevant to the small public service vehicle industry, and (iv) any other matters related to the functions of the Authority or which the Authority submits to the Advisory Committee for advice, other than matters related to decisions of the Authority in individual cases, and (b) to the Minister in relation to— (i) policy relevant to small public service vehicles and their drivers, (ii) proposals for legislation or regulations in relation to the small public service vehicle industry submitted by the Minister to the Advisory Committee for advice, (iii) the assignment of specific functions relating to small public service vehicles and their drivers to the Authority, and (iv) any other matter which, in the opinion of the Advisory Committee, is relevant to the effective performance by the Advisory Committee or by the Authority of its functions or which the Minister submits to the Advisory Committee for advice.
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(3)The Authority or the Minister, as appropriate, may consider the advice of the Advisory Committee given under this section but shall not be bound to act on it.
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(4)The Authority may consult with or seek the advice of the Advisory Committee on any matter relating to small public service vehicles and their drivers or to the effective performance by the Authority of its functions.
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(5)The Minister may consult with or seek the advice of the Advisory Committee on any matter arising in relation to his or her functions with respect to small public service vehicles and their drivers.
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(6)Where the advice of the Advisory Committee is sought by the Authority or the Minister under this Act, neither body shall be required to await the receipt of such advice of the Advisory Committee before exercising its functions under this Act, once a reasonable period to facilitate the giving of such advice has elapsed.
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(7)The Advisory Committee shall be entitled to be informed at its meetings about the work of the Authority provided that disclosure of such information shall not be in breach of section 28 of the Act of 2008.
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(8)The chairperson or ordinary members of the Advisory Committee shall not disclose confidential information obtained by him or her as a member of the Advisory Committee.
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(9)A person who fails to comply with subsection (8) commits an offence and is liable on summary conviction to a class B fine.
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(10)Proceedings for an offence under subsection (9) may be brought and prosecuted summarily by the Authority.
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(11)Members of the Advisory Committee holding office immediately before the commencement of this Part continue to hold office until their term of office ceases as if appointed under this Part.
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(12)In this section “confidential information” includes information that is expressed by the Authority or the Minister to be confidential either as regards particular information or as regards information of a particular class or description.
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PART 10
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Amendment of Act of 2008 Public service contracts 74. The Act of 2008 is amended— (a) in section 2— (i) by inserting after the definition of “Act of 2005” the following: “ ‘Act of 2009’ means Public Transport Regulation Act 2009 ; ‘ancillary public passenger transport service’ means passenger transport services of general economic interest provided to the public on a non-discriminatory and continuous basis that are not either a rail passenger service or a public bus service;”, (ii) by substituting for the definition of “public passenger transport service” the following: “ ‘public passenger transport service’ means— (a) a rail passenger service, (b) a public bus service, or (c) an ancillary public passenger transport service;”, and (iii) by substituting for the definition of “public transport operator” the following: “ ‘public transport operator’ means— (a) Irish Rail, Bus Éireann, Dublin Bus or the RPA, (b) a person providing public passenger transport services under a contract with the RPA, (c) a person providing public passenger transport services under a contract with the Authority, (d) a person operating a passenger road service in accordance with a passenger licence granted under the Road Transport Act 1932 , or (e) a person providing a public passenger bus service in accordance with a licence granted under the Act of 2009;”, (b) in section 9, by substituting for subsection (2) the following: “(2) The functional area of the Authority (other than to the extent provided by this Act) is the State.”, (c) in section 48— (i) in subsection (2)(a), by inserting “(other than metro or light rail passenger services)” after “services”, and (ii) in subsection (2)(b), by inserting “and ancillary public passenger transport services” after “services”, and (d) in section 52— (i) by substituting for subsection (1), the following: “(1) Save where— (a) a licence is granted by the Minister under the Road Transport Act 1932 , (b) a licence is granted by the Authority under Part 2 of the Act of 2009, (c) the Authority has entered into a public transport service contract with a public transport operator, or (d) otherwise provided by law— (i) Dublin Bus has an exclusive right to continue to provide the public bus services that it provides in accordance with the provisions of section 7 of the Act of 1958 and section 8 of the Act of 1986 within the city of Dublin and the counties of Fingal, South Dublin and Dún Laoghaire-Rathdown and contiguous areas, and (ii) Bus Éireann has an exclusive right to continue to provide the public bus services that it provides in accordance with section 7 of the Act of 1958 and section 8 of the Act of 1986 except in so far as such services are provided by Dublin Bus under subparagraph (i),
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>and those services shall be set out in the public service contracts entered into under subsection (3)(a).”, (ii) by substituting for subsections (3) and (4) the following: “(3) The Authority, in accordance with section 48, to ensure the adequacy of public passenger transport services in the general economic interest— (a) shall enter into direct award contracts, which impose public service obligations with— (i) Dublin Bus and Bus Éireann to secure the provision of public bus services to which subsection (1) relates, and (ii) Irish Rail to secure the provision of rail passenger services to which subsection (2) relates, and (b) may enter into direct award contracts, in accordance with Regulation No. 1370/2007, which impose public service obligations, with public transport operators to secure the provision of public passenger transport services not being provided by Dublin Bus, Bus Éireann or Irish Rail pursuant to the direct award contracts entered into pursuant to subparagraph (a)(i) or (ii).
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(4)Notwithstanding section 48(6)— (a) the direct award contracts referred to in subparagraph (a)(i) of subsection (3) shall each be for a period of 5 years, (b) the contract referred to in subparagraph (a)(ii) of subsection (3) shall be for a period of 10 years, and (c) the contracts referred to in paragraph (b) of subsection (3) shall be for a period not to exceed 5 years.”, (iii) in subsection (6)(b), by inserting “or ancillary public passenger transport services” after “services”, and (iv) in subsection (6)(c)(ii), by inserting “(i)” after “(3)(a)”.
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Extension of Powers of Authority to whole State 75. Part 3 of the Act of 2008 is amended by— (a) by inserting after section 44 the following: “Investing in bus infrastructure and cycle facilities 44A. (1) The Authority shall have the function to secure or provide public transport, and cycling, infrastructure in the State in relation to— (a) bus stops, bus shelters, bus stations, stands and bus fleets, and (b) cycling facilities and schemes to promote cycling.
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(2)For the purposes of achieving its function under this section, the Authority may enter into agreements with other persons including by means of a concession, joint venture or public private partnership.”, (b) in section 45— (i) in subsection (1), by substituting “section 44 or 44A” for “section 44”, and (ii) in subsection (2), by substituting “Minister for Public Expenditure and Reform” for “Minister for Finance”, (c) in sections 57, 62(1) and 73(1), by deleting “in the GDA” in each place it occurs, and (d) in section 66(1), by inserting— (i) “for the GDA” after “traffic management plan”, and (ii) “in the State” after “for the purposes of traffic management”.
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PART 11
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Amendment of Road Traffic Act 2010 Amendment of section 3 of Act of 2010 76. Section 3 of the Act of 2010 is amended in the definition of “specified person” (inserted by section 9 of the Road Traffic (No. 2) Act 2011 ) by substituting for paragraph (d) the following: “(d) is the holder of a licence to drive a small public service vehicle granted under section 9 of the Taxi Regulation Act 2013, while driving, attempting to drive or being in charge of a small public service vehicle when the vehicle is being used in the course of carrying on business, (da) not being the holder of a licence to drive a small public service vehicle, purports to be or acts as such holder, while driving, attempting to drive or being in charge of a vehicle for the carriage of persons for reward, or”.
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Amendment of Part 3 of Act of 2010 77. (1) Part 3 (which relates to fixed charge offences) of the Act of 2010 is amended— (a) in section 34, by substituting for paragraph (b) the following: “(b) such offences which may only be tried summarily under— (i) the Road Transport Act 1933 (including any Act construed as one with it), or (ii) any regulation made under the European Communities Act 1972 providing for the carriage of goods or passengers by road or the harmonisation of legislation relating to road transport, as may be declared by the Minister by regulations to be fixed charge offences,”, (b) in section 34, by substituting for paragraph (c) the following: “(c) an offence— (i) under section 20
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(4)(b) of the Taxi Regulation Act 2013 in respect of such contraventions of regulations made under that section, or (ii) under such other provisions of Part 3 of the Taxi Regulation Act 2013, as may be declared in regulations made by the Minister to be a fixed charge offence,”, (c) in section 34, by substituting “paragraph (a), (b) or (c)” for “paragraph (a) or (b)” and deleting “(c),” before “(d), (e)”, (d) in section 35, by substituting for subsection (5) the following: “(5) In a case referred to in subsection (1) the references in that subsection to a member of the Garda Síochána (other than in paragraph (b)) are to be read as including references— (a) if the offence is an offence referred to in section 34(b), to a transport officer appointed under section 15 (inserted by section 117 of the Dublin Transport Authority Act 2008 ) of the Road Transport Act 1986 , or (b) if the offence is an offence referred to in section 34(c), to an authorised person appointed under section 40 of the Taxi Regulation Act 2013.”, and (e) in section 36, by inserting after subsection (1) the following: “(1A) A fixed charge notice relating to an offence declared under section 34(c) to be a fixed charge offence and which is a demerit offence (within the meaning of Part 5 of the Taxi Regulation Act 2013), shall contain a statement to the effect that if the person on whom it is served makes the appropriate payment specified in subsection (2) of section 35 in accordance with that subsection or is convicted of the offence, different specified numbers of demerits will be endorsed on the SPSV licence record (within the meaning of section 33 of the Taxi Regulation Act 2013) of the person.”.
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(2)Section 103 (inserted by section 11 of the Road Traffic Act 2002 as amended by section 14 of the Road Traffic Act 2006 ) of the Act of 1961 applies to an offence— (a) under section 20
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(4)(b) in respect of such contraventions of SPSV regulations, or (b) under such other provisions of Part 3, as may be declared in regulations made by the Minister to be a fixed charge offence for the purpose of that section.
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(3)A fixed charge notice served under section 103 of the Act of 1961 relating to an offence declared under subsection (2) of this section to be a fixed charge offence (within the meaning of section 103 of the Act of 1961) and which is a demerit offence shall contain a statement to the effect that if the person on whom it is served makes the appropriate payment specified in subsection (7) of section 103 of the Act of 1961 in accordance with that subsection or is convicted of the offence, different specified numbers of demerits will be endorsed on the SPSV licence record of the person.
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(4)Subsections (2) and (3) stand repealed on the commencement of paragraphs (a) and (b) of section 49 of the Act of 2010.
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PART 12
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Amendment of Section 2 of Metrology Act 1996 Amendment of definitions in section 2 of Metrology Act 1996 78.
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Section 2
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(1)of the Metrology Act 1996 is amended— (a) by inserting after the definition of “stamp” the following: “ ‘taximeter system’ means a taximeter and distance signal generator which together make up a measuring instrument;”, and (b) by substituting for the definition of “user” the following: “ ‘user’ means— (a) the person or organisation responsible for the use of the instrument for the purposes of this Act, (b) in the case of a taximeter system, includes in addition to any such user— (i) the holder of a licence in respect of a small public service vehicle granted under section 9 of the Taxi Regulation Act 2013 in respect of which a taximeter system is installed, and (ii) the holder of a licence to drive a small public service vehicle granted under section 9 of the Taxi Regulation Act 2013 in respect of a small public service vehicle in which a taximeter system is installed, and (c) the person driving or using a mechanically propelled vehicle in which a taximeter system is installed, in a public place for the carriage of persons for reward, whether or not that person is the holder of a licence mentioned in paragraph (b);”.
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SCHEDULE Specified Offences Sections 10 , 30 and 31 .
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Part 1
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Life Disqualification COMMON LAW OFFENCES 1. Murder.
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2.Rape.
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INTERNATIONAL OFFENCES 3. An offence under section 7 or 8 of the International Criminal Court Act 2006 .
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4.An offence under section 3 of the Geneva Conventions Act 1962 .
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SEXUAL OFFENCES 5. An offence under section 3 or 6 of the Criminal Law Amendment Act 1885 .
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6.An offence under section 1 or 2 of the Punishment of Incest Act 1908 .
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7.An offence under section 2 , 3 or 4 of the Criminal Law (Rape) (Amendment) Act 1990 .
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8.An offence under section 5 of the Criminal Law (Sexual Offences) Act 1993 .
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9.An offence under section 2 of the Sexual Offences (Jurisdiction) Act 1996 .
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10.An offence under section 3 of the Child Trafficking and Pornography Act 1998 .
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11.An offence under section 2 of the Criminal Law (Sexual Offences) Act 2006 .
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TORTURE 12. An offence under section 2 or 3 of the Criminal Justice (United Nations Convention Against Torture) Act 2000 .
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SUPPRESSION OF TERRORISM 13. An offence under section 6 , 9
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(1)(a), 10
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(1)or 11 of the Criminal Justice (Terrorist Offences) Act 2005 .
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Part 2
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Disqualification for Specified Period COMMON LAW OFFENCE 1. Manslaughter.
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OFFENCES AGAINST THE PERSON 2. An offence under section 18 or 19
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(1)of the Criminal Justice (Public Order) Act 1994 .
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3.An offence under the Non-Fatal Offences Against the Person Act 1997 (other than section 2 or 16).
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SEXUAL OFFENCES 4. An offence under section 3 of the Sexual Offences (Jurisdiction) Act 1996 .
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5.An offence under section 4 or 5 of the Child Trafficking and Pornography Act 1998 .
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6.An offence under section 246 or 249 of the Children Act 2001 .
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7.An offence under section 3 of the Criminal Law (Sexual Offences) Act 2006 .
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HUMAN TRAFFICKING OFFENCES 8. An offence under section 2 , 4 or 5 of the Criminal Law (Human Trafficking) Act 2008 .
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THEFT AND FRAUD OFFENCES 9. An offence under section 2
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(2)(b), 3 (b) or 4 (b)(i) of the Criminal Damage Act 1991 .
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10.An offence under section 13 or 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001 .
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FIREARMS OFFENCES 11. An offence under section 2 or 15 of the Firearms Act 1925 .
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12.An offence under section 26 or 27 (inserted by sections 57 and 58, respectively, of the Criminal Justice Act 2006 ) of the Firearms Act 1964 .
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13.An offence under section 8, 9, 10 or 11 of the Firearms and Offensive Weapons Act 1990.
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UNLAWFUL TAKING OF MOTOR VEHICLE 14. An offence under section 112 of the Act of 1961.
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PUBLIC ORDER OFFENCES 15. An offence under section 14 , 15 , 16 or 17 of the Criminal Justice (Public Order) Act 1994 .
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16.An offence under section 176 of the Criminal Justice Act 2006 .
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OFFENCES IN RELATION TO AIRCRAFT AND VEHICLES 17. An offence under section 11 of the Air Navigation and Transport Act 1973 .
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18.An offence under section 3 of the Air Navigation and Transport Act 1975 .
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19.An offence under section 10 of the Criminal Law (Jurisdiction) Act 1976 .
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OFFENCES AGAINST THE STATE 20. An offence under section 7
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(1), 8
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(1)or 9
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(1)or (2) of the Offences Against the State Act 1939 .
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INTERNATIONAL 21. An offence under section 4 of the Geneva Conventions Act 1962 .
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22.An offence under section 2 or 4 of the Criminal Justice (Safety of United Nations Workers) Act 2000 .
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EXPLOSIVES 23. An offence under section 2 or 3 of the Explosive Substances Act 1883 .
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MARITIME SECURITY OFFENCES 24. An offence under section 2 or 3 of the Maritime Security Act 2004 .
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ACCOMPLICES Reference in this Schedule to an offence includes references to participation as an accomplice of a person who commits the offence.
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