S.I. No. 154/2006 - Taxi Regulation Act 2003 (Small Public Service Vehicles) (Amendment) Regulations 2006

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S.I. No. 154/2006 - Taxi Regulation Act 2003 (Small Public Service Vehicles) (Amendment) Regulations 2006
STATUTORY INSTRUMENTS
S.I. No. 154 of 2006
Taxi Regulation Act 2003 (Small Public Service Vehicles) (Amendment) Regulations 2006
The Commission for Taxi Regulation, in exercise of the powers conferred on it by section 34 of the Taxi Regulation Act 2003 (No. 25 of 2003), and with regard to any amendment or revocation of any regulation made under section 82 of the Road Traffic Act 1961 with the consent of the Minister for Transport, hereby makes the following regulations:

1.   (1)    These Regulations may be cited as the Taxi Regulation Act 2003 (Small Public Service Vehicles) (Amendment) Regulations 2006.
(2)    These Regulations come into operation on 4 April 2006.

2.  The Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 ( S.I. No. 136 of 1995 ) are amended -
(a)    after Regulation 10 by inserting the following Regulation:
“10A. The Commission for Taxi Regulation may, at its discretion, waive (in whole or in part) the fee specified at paragraph 1(ee) of the Fourth Schedule where it is of the opinion that payment of this fee would cause undue hardship to the applicant.”,
(b)  in Regulation 16(2) (as substituted by Regulation 3 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations 2002 ( S.I. No. 411 of 2002 )) by substituting for subparagraph (d) the following subparagraph:
“(d)  where the application is made in accordance with paragraph (2B), and”,
(c)  after Regulation 16(2A) (inserted by Regulation 6 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations 1998 ( S.I. No. 47 of 1998 )) by inserting the following paragraph:
“(2B)  (1) Where a small public service vehicle licence lapses by virtue of not being renewed on or before the date of expiry of the licence, the applicant may make an application for late renewal to the Commission for Taxi Regulation within a period of six months from the date on which the licence expired.
(2)  An application for late renewal of a licence under subparagraph (1) shall be accompanied by a restoration fee payable to the Commission for Taxi Regulation in the sum of €500.
(3)  The Commission for Taxi Regulation may, at its discretion, waive (in whole or in part) the restoration fee provided for in subparagraph (2) where it is of the opinion that payment of this fee would cause undue hardship to the applicant.
(4)  Where a licence has been lapsed for a period in excess of six months from the date on which the licence expired, the applicant may apply for late renewal of the licence to the Justice of the District Court having jurisdiction in the area in which the applicant resides.
(5)  On the hearing of an application under subparagraph (4), the Justice may direct the Commission for Taxi Regulation to renew the licence on payment, subject to subparagraph (3), by the applicant to the Commission for Taxi Regulation of a restoration fee in the sum of €500.”,
(d)  in Regulation 17(1) by inserting after “which granted the licence” “or to the Commission for Taxi Regulation, as appropriate,”,
(e)  in Regulation 28(1) by inserting after “On the granting of a taxi licence or a wheelchair accessible taxi licence” “or, where a new licence number is issued, within 28 days of the date of issue of that number”,
(f)  by revoking Regulation 31,
(g)  in the Fourth Schedule (as substituted by Regulation 7 of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations of 2001 (S.I. No. 534 of 2001)) by inserting after paragraph 1(e) the following paragraph:
“(ee)    the continuation in force of a taxi licence, a wheelchair accessible taxi licence, a hackney licence or a limousine licence in respect of another vehicle,” and
(h)  in the Eighth Schedule -
(i)  in subparagraph 3(c)(i) by adding “and”, and
(ii)  by deleting subparagraph 3(c)(ii).

3.  The Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1999 ( S.I. No. 316 of 1999 ) are amended by -
(a)  revoking Regulations 7(2), 8(1), (2), (3) and (5), 9, 10(1), (2) and (4) and 11,
(b)  in Regulation 8(4) by substituting “one prescribed by the Commission for Taxi Regulation” for “ a limousine sign that complies with this article”, and
(c)  in Regulation 10(3) by substituting “one prescribed by the Commission for Taxi Regulation” for “hackney signs”.

4.  The Road Traffic (Public Service Vehicles) (Amendment) Regulations 2001 ( S.I. No. 38 of 2001 ) are amended -
(a)  in Regulation 5(2) by inserting after “which granted the licence” “or to the Commission for Taxi Regulation, as appropriate,”, and
(b)  in Regulation 5(3) by substituting for subparagraph (b) the following:
“(b)   where the applicant satisfies the licensing authority that the use of the vehicle as a temporary replacement for the small public service vehicle to which the licence refers is covered by insurance, and
(c)   where the applicant has paid to the licensing authority the appropriate fee specified in the Fourth Schedule to the Regulations of 1995.”.

5.  The Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 2000 ( S.I. No. 367 of 2000 ) are amended in Regulation 11(c) by deleting in subparagraph (4)(c) “a date two months following”.
 
Given under the seal of the Commission for Taxi Regulation,
4 April 2006.
Ger Deering
Commissioner for Taxi Regulation
The Minister for Transport consents to the making of the foregoing regulations.
 
GIVEN under my Official Seal,
30 March 2006
Martin Cullen
Minister for Transport
Explanatory Memorandum
(This note is not part of the instrument and does not purport to be a legal interpretation.)
These Regulations put in place a number of changes to allow the new national licensing system to operate effectively.
They provide that, in the event that a small public service vehicle licence lapses by virtue of not being renewed on or before its expiry date, an application may be made to the Commission for Taxi Regulation within a period of six months seeking late renewal of the licence on payment of a restoration fee. Where a licence has lapsed for in excess of six months after the expiry date, an application may be made to the District Court seeking late renewal of the licence on payment to the Commission of the restoration fee.
Provision is made for a fee to be paid in relation to the transfer of a vehicle licence to another vehicle.
Requirements in relation to taxi signs are modified and the requirement to display a hackney sign or limousine sign is removed.

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