S.I. No. 388/1977 - European Communities (Road Passenger Transport) Regulations, 1977

S.I. No. 388 of 1977.

EUROPEAN COMMUNITIES (ROAD PASSENGER TRANSPORT) REGULATIONS, 1977.

I, PÁDRAIG FAULKNER, Minister for Tourism and Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 74/562-EEC of 12 November, 1974, hereby make the following regulations:

1 Citation.

1.

1. These Regulations may be cited as the European Communities (Road Passenger Transport) Regulations, 1977.

2 Definitions.

2.

2. (1) In these Regulations—

"the Minister" means the Minister for Tourism and Transport;

"the Act of 1932" means the Road Transport Act, 1932 (No. 2 of 1932);

"the Act of 1961" means the Road Traffic Act, 1961 (No. 24 of 1961);

"certificate of competence" means an international certificate of competence or a national certificate of competence;

"the Council Directive" means Council Directive No. 74/562/EEC of 12 November, 1974 (a);

• (a) OJ No. L 308/23 19 November, 1974.

"grant", in relation to a road passenger licence or an authorisation issued by the Minister under Council Regulation (EEC) No. 517/72 (b) includes "transfer";

• (b) OJ No. L 67/19 20 March, 1972.

"international certificate of competence" means a certificate granted under paragraphs (1) (ii), (2), (3) (a) or (4) of Regulation 13 of these Regulations;

"international road passenger certificate" and "national road passenger certificate" have the meanings assigned to them, respectively, by Regulation 5 (1);

"national certificate of competence" means a certificate granted under paragraph (1) (i) of Regulation 13 of these Regulations;

"public service vehicle licence" means a licence granted under Part III of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ), in respect of a vehicle constructed and equipped so as to be suitable for carrying more than nine persons including the driver;

"provision (a)", "provision (b)" and "provision (c)" mean, respectively, provision (a), provision (b) and provision (c) of Article 2 of the Council Directive;

"the register'" has the meaning assigned to it by Regulation 15 (1);

"road passenger certificate" means an international road passenger certificate or a national road passenger certificate;

"road passenger licence" means a passenger licence within the meaning of section 7 of the Act of 1932;

"road passenger transport business" means any business conducted by a person while engaged in the occupation of road passenger transport operator but does not include the business of offering or organising road passenger transport where the person carrying on the business is neither the owner of a vehicle used in the provision of such transport nor the holder of a public service vehicle licence granted in respect of such a vehicle.

• (2) For the purposes of these Regulations a person shall be regarded as the owner of a vehicle if the vehicle is registered in his name under the Roads Act, 1920, or is insured by him for the purposes described in Regulation 5 (11) (a) of these Regulations or if he has made in relation to the vehicle an arrangement described in Regulation 5 (11) (b) of these Regulations.

• (3) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in that Directive.

3 Operators of road passenger transport businesses to hold road passenger certificates.

3.

3. (1) Subject to paragraph (2) of this Regulation, as on and from the 1st day of January, 1978, it shall not be lawful for any person engaged in the occupation of road passenger transport operator in the course of a road passenger transport business carried on by him to carry passengers for reward unless such person is the holder of—

( a ) in case the passengers are being so carried from or to a place outside the State, an international road passenger certificate,

( b ) in case the passengers are being so carried from a place within the State to another place within the State, either an international road passenger certificate or a national road passenger certificate.

• (2) The restrictions imposed by paragraph (1) of this Regulation shall not apply where—

( a ) the carriage is provided by a person having a main occupation other than that of road passenger transport operator and is of children in vehicles being used pursuant to and in accordance with a licence granted under Part VI of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ),

( b ) the carriage is of passengers to or from work in vehicles owned by their employers,

( c ) the carriage is of persons to or from school or in the course of or in relation to school activities in vehicles owned by a school,

( d ) the carriage is of passengers otherwise than for profit in vehicles owned by voluntary organisations,

( e ) the carriage is by means of a mechanically propelled vehicle which complies with the conditions specified in paragraphs (a) and (b) of section 6 (1) of the Road Transport Act, 1935 (No. 23 of 1935) and is being used in the course of a passenger road service which is under a road passenger licence and is carried on only on one or more occasions specified in the licence or in the course of international transport.

• (3) The requirements of paragraph (1) of this Regulation are in addition to and not in substitution for those of section 7 of the Act of 1932, Part VII of the Act of 1961, Regulations under that Part, or Council Regulations (EEC) Nos. 117/66 (a) 516/72 (b) or 517/72 (c).

• (a) O.J. l47/66 of 9 August, 1966

• (b) O.J. L67/13 of 20 March, 1972.

• (c) O.J. L67/19 of 20 March, 1972.

4 Restriction on grant of licences, authorisations or waybills and renewal of licences.

4.

4. (1) Where on or after the 1st day of January, 1978, an application is made to the Minister in respect of carriage to which these Regulations apply for the grant or renewal of a passenger licence, the grant of authorisation under Council Regulations (EEC) Nos. 516/72 or 517/72 or the control document for the occasional services referred to in Council Regulation (EEC) No. 117/66 the Minister shall only allow the application if the applicant is the holder of a road passenger certificate which is for the time being in force.

• (2) The provisions of paragraph (1) of this Regulation are in addition to and not in substitution for any requirement of the Act of 1932, or any regulation thereunder which is for the time being in force, which relates to the grant or renewal of passenger licences, any requirement of Council Regulations (EEC) Nos. 516/72 or 517/72 which relates to the grant of authorisations relating to the international carriage of passengers by coach and bus or any requirement of Council Regulation (EEC) No. 117/66 which relates to the issue of control documents for the international carriage of passengers by coach and bus.

5 Grant or renewal of road passenger certificates.

5.

5. (1) ( a ) subject to the provisions of this Regulation, the Minister may grant certificates for the purposes of this Regulation, and any such certificate is in these Regulations referred to as an "international road passenger certificate", or a "national road passenger certificate" or by referring to a road passenger certificate.

( b ) The Minister may attach conditions to a road passenger certificate and vary such conditions, and any conditions so attached to such a certificate shall be in addition to the conditions referred to in paragraph (3) of this Regulation.

( c ) The Minister may renew a road passenger certificate granted on an application described in paragraph (5) of this Regulation.

• (2) The Minister shall grant an international road passenger certificate to each of the following, namely;

( a ) Córas Iompair Éireann,

( b ) the Londonderry and Lough Swilly Railway Company,

( c ) every person who on the commencement of these Regulations is the holder of a public service vehicle licence and who first held such a licence before the 1st day of January, 1975.

• (3) The Minister shall grant an international road passenger certificate to every person who is the holder of a public service vehicle licence and who first held such a licence neither earlier than the 1st day of January, 1975 nor later than the 31st day of December, 1977, subject to the following condition, namely, that if such person wishes to continue to hold the certificate after the 31st day of December, 1979, he shall not later than that day satisfy the Minister that,

( a ) the requirements of provision (c) are complied with by him, or

( b ) in case the holder is an individual and does not satisfy provision (c), he has designated another person who satisfies the said requirements, and who will continuously and effectively manage the road passenger transport business carried on by such holder, or

( c ) in case the holder is an undertaking, the said requirements are satisfied by an individual designated by the undertaking and who both,

• (i) satisfies the requirements of provision (c), and

• (ii) will continuously and effectively manage the road passenger transport business carried on by the said holder,

and in case the said holder does not satisfy the Minister, in accordance with the foregoing, then on the expiration of the 31st day of December, 1979, the certificate shall cease to have effect.

• (4) In case an applicant gives to the Minister a national certificate of competence in pursuance of paragraph (3) of this Regulation, the Minister shall cancel the international road passenger certificate granted by him under the said paragraph (3) as on and from the 1st day of January, 1980 (which he is hereby empowered to do) and in lieu thereof grant to the applicant a national road passenger certificate having effect as on and from that day.

• (5) For the purposes of paragraphs (9), (10), (11), (12) and (13) of this Regulation an application made to the Minister for the grant or renewal of a road passenger certificate shall be in such form and contain such particulars as the Minister may require and without prejudice to the generality of the foregoing such an application shall be accompanied by the following:

( a ) subject to paragraph (14) of this Regulation, particulars of any relevant offence of which the applicant has been convicted,

• (i) in case the application is for the grant of such a certificate, during the period of three years ending on the date of the application,

• (ii) in case the application is for the first renewal of such a certificate, since the date of the application for the grant of the certificate,

• (iii) in case the application is for a renewal of such certificate other than the first renewal, since the date of the application for the last renewal of the certificate,

together with, in case an individual is designated by the applicant in pursuance of paragraph (6) of this Regulation, particulars of any relevant offence of which that person has been so convicted,

( b ) a certificate of competence granted to the applicant or to a person designated by the applicant in accordance with these Regulations and which shall be—

• (i) in case the applicant intends to operate a road passenger transport business only within the State, a national certificate of competence,

• (ii) in case the applicant intends otherwise to operate such a business, an international certificate of competence, and

( c ) in case the application is for the grant of such a certificate,

• (i) a declaration in the form set out in the First Schedule to these Regulations,

• (ii) particulars of the number and class or description of any motor vehicles available for use in the relevant road passenger transport business or proposed such business, or

• (iii) particulars of the financial resources available as regards the relevant such business.

• (6) Where an application referred to in paragraph (5) of this Regulation is made, the Minister shall not allow the application unless he is satisfied that,

( a ) the requirements of provision (a), provision (b) and provision (c) are complied with by the applicant, or

( b ) in case the applicant is an individual who does not satisfy provision (c) that he satisfies provision (a) and provision (b) and that he has designated another individual who both,

• (i) satisfies the requirements of provision (a) and provision (c) and

• (ii) will continuously and effectively manage the road passenger transport business carried on, or as may be appropriate, proposed to be carried on by the applicant, or

( c ) in case the applicant is an undertaking which satisfies provision (b), that the requirements both of provision (a) and provision (c) are satisfied by an individual designated by the undertaking and that such individual will continuously and effectively manage the relevant road passenger transport business or, where appropriate, proposed such business.

• (7) The Minister may require any particulars given to him in relation to an application mentioned in paragraph (5) of this Regulation to be contained in a statutory declaration or in an affidavit sworn in such manner as the Minister shall specify or to be contained in a statement by a person specified by the Minister or by a person who is of a class or description so specified.

• (8) The declaration referred to in paragraph (5) (c) (i) of this Regulation shall be made and subscribed by,

• (i) in case the applicant is an individual, the applicant,

• (ii) in case the applicant is an undertaking, a director or the secretary, or any other officer or servant or member of the undertaking who the Minister is satisfied is authorised to make the declaration.

• (9) On an application for the grant or renewal of a road passenger certificate, the Minister may, in considering whether or not a person satisfies the requirements of provision (a) take into account any conviction of the person for an offence which is a conviction of which particulars are by these Regulations required to be given by the applicant.

• (10) In relation to an application for the grant or renewal of a road passenger certificate, the requirement of provision (c) shall, for the purpose of these Regulations, be regarded as being satisfied if the applicant is—

( a ) in case the applicant operates or intends to operate a road passenger transport business only within the State, the holder of a national certificate of competence,

( b ) in any other case, the holder of an international certificate of competence.

• (11) For the purposes of these Regulations a person may prove that he has available for use, or the resources to provide, a road transport vehicle by satisfying the Minister that,

( a ) such vehicle is registered in his name under the Roads Act, 1920, or is insured by him for the purpose of complying with the requirements as to insurance of the Act of 1961 or

( b ) he has made suitable arrangements to lease such a vehicle for a period of not less than one year or that he has made suitable financial arrangements (whether by way of hire purchase, credit sale or otherwise) to enable such a vehicle to be acquired by or provided for him.

• (12) In considering whether or not an applicant for a road passenger certificate complies with the requirements of provision (b) the Minister shall have regard to any reference, financial statement or other document prepared by a bank or other financial institution which may be sent to the Minister by the applicant.

• (13) Pending the co-ordination mentioned in Article 2 (3) of the Council Directive, the requirement of provision (b) shall for the purposes of these Regulations be regarded as being satisfied if—

( a ) there accompanies an application a declaration in the form set out in the First Schedule to these Regulations duly made and subscribed, and

( b ) the applicant proves that,

• (i) the applicant owns, or has available for use, or has the resources to provide, a vehicle or vehicles to be used in the relevant road passenger transport business, or

• (ii) sufficient resources are available to ensure the establishment and proper administration of the business.

• (14) Nothing in this Regulation shall be construed as requiring to be given to the Minister particulars of any offence in relation to which a court applied the Probation of Offenders Act, 1907.

• (15) In this Regulation "relevant offence" means,

( a ) any offence under the Roads Act, 1920,

( b ) any offence,

• (i) committed by the use (including driving), the attempt so to use or the permitting so to be used, or which otherwise arose in relation to a mechanically propelled vehicle that at the time of the offence was used for or in connection with the transport of passengers by road, and

• (ii) which is an offence under the Act of 1961 which is an offence specified in the Second Schedule to that Act, as amended,

( c ) an offence under the Act of 1932 and on conviction for which a penalty of £50 or more is imposed,

( d ) any offence under these Regulations.

6 Commencement and duration of road passenger certificates.

6.

6. (1) Subject to the condition referred to in paragraph (3) of Regulation 5 of these Regulations and to paragraph (4) of that Regulation, a road passenger certificate granted under paragraphs (2), (3) or (4) of that Regulation shall, subject to Regulations 7 (2), 8 (4) and 9 (1) of these Regulations, remain in force until the holder of the certificate ceases to carry on the road passenger transport business by reason of the carrying on of which the certificate was granted.

• (2) A road passenger certificate granted under these Regulations, other than a road passenger certificate mentioned in paragraph (1) of this Regulation, shall come into force on the day on which it is granted and subject to Regulations 7 (2), 8 (4) and 9 (1) of these Regulations, shall remain in force until the 30th day of June in the next year following the year in which it is granted.

• (3) In case the Minister renews a road passenger certificate, subject to Regulations 7 (2), 8 (4) and 9 (1) of these Regulations, such certificate shall continue in force from the date of the renewal to the next following 30th day of June.

7 Death or incapacity of holder of road passenger certificate.

7.

7. (1) Where,

( a ) the holder of the road passenger certificate dies or becomes permanently incapable through ill-health of carrying on or managing the relevant road passenger transport business,

( b ) the holder has or is survived by a relative, as the case may be, and

( c ) the Minister is satisfied that the relative satisfies the requirement of provision (a) and that prior to the aforesaid death or incapacity such relative has had not less than three years' experience in the day to day conduct of the relevant such business,

then, notwithstanding anything otherwise contained in these Regulations, the Minister may, having regard to the circumstances of the case and on an application being made in that behalf grant under this Regulation to such relative—

• (i) in case the said holder holds or held an international road passenger certificate, an international road passenger certificate, and

• (ii) in case the said holder holds or held a national road passenger certificate, a national road passenger certificate,

and the holding of the certificate by such relative shall satisfy the requirements of Regulation 3 (1) of these Regulations in so far as they relate to the said road passenger transport business.

• (2) In case the Minister grants a road passenger certificate under this Regulation, then notwithstanding anything contained in Regulation 6 of these Regulations the road passenger certificate held by a person by reason of whose death or incapacity the application is granted shall where necessary be deemed to have remained in force up to such granting by the Minister and in case the Minister so grants a road passenger certificate by reason of the incapacity of a person he shall at the same time cancel (which he is hereby empowered to do) the road passenger certificate held by the person.

• (3) For the purposes of this Regulation each of the following persons and no other person shall be a relative of the holder of a road passenger certificate, namely, the spouse of such holder, any person related by blood to such holder in the first, second or third degree and the spouse of any person so related.

8 Temporary permission to carry on business.

8.

8. (1) Where the holder of a road passenger certificate dies or becomes incapable through ill-health of carrying on or managing the relevant road passenger transport business, or where a person designated in pursuance of Regulation 5 of these Regulations becomes incapable through ill-health of carrying on or managing such business, the Minister may, if he is satisfied that it is necessary in order to avoid hardship, grant a permission under this Regulation on an application being made to him in that behalf by or on behalf of such holder or person or the personal representative of such holder or person.

• (2) Notwithstanding anything otherwise contained in these Regulations a permission under this Regulation shall authorise the road passenger transport business to which the permission relates to be carried on either by the person named therein or, as may be so specified, by such person subject to its being managed by another person so named.

• (3) ( a ) A permission under this Regulation shall remain in force for a period not exceeding one year beginning on the date on which it is granted.

( b ) A permission under this Regulation may be renewed or extended by the Minister for a specified period on an application being made to the Minister by the person to whom the permission was granted, but a permission under this Regulation shall not be renewed or extended under this paragraph so as to have effect at any time after the expiration of the period of eighteen months beginning on the day on which the permission was granted.

• (4) In case the Minister grants a permission under this Regulation, then notwithstanding anything contained in Regulation 6 of these Regulations the road passenger certificate held by the person by reason of whose death or incapacity the application is granted shall be deemed to have remained in force up to such granting by the Minister, and, in case of a death, from the date of the death to have been held by the applicant.

9 Suspension or revocation of road passenger certificates.

9.

9. (1) Where in relation to a road passenger certificate the Minister is at any time satisfied that,

( a ) any relevant requirement is not satisfied, and

( b ) an application under Regulation 7 or 8 of these Regulations in relation to the certificate has not been received by the Minister,

he may, if he thinks fit, suspend or revoke the certificate.

• (2) Where in relation to a road passenger certificate it at any time appear to the Minister that it is likely that, for the time being, a relevant requirement is not satisfied, then the Minister may serve on such holder or individual a notice (in this Regulation subsequently referred to as a "warning notice").

• (3) A warning notice shall,

( a ) refer to the road passenger certificate concerned,

( b ) specify the relevant requirement as regards which it appears to the Minister that it is likely that it is not satisfied,

( c ) require the person on whom the notice is served to take such steps (if any) as are adequate to ensure compliance with the said relevant requirement,

and such notice shall contain a warning that if the said relevant requirement is not complied with the certificate to which the notice relates may, if the Minister thinks fit, be suspended or revoked by him under these Regulations.

• (4) In case the Minister suspends under this Regulation a road passenger certificate, the certificate shall cease to have effect until the suspension is lifted by the Minister (which lifting the Minister is hereby empowered to do).

• (5) In this Regulation "relevant requirement" means,

( a ) in relation to a road passenger certificate granted in pursuance of an application mentioned in Regulation 5 (5) of these Regulations, a requirement mentioned in Regulation 5 (6) of these Regulations or in case the certificate has been renewed, a requirement of these Regulations which at the time of the renewal or last renewal, as may be appropriate, of the certificate was required to be and was satisfied,

( b ) in relation to any other road passenger certificate, a requirement as to the carrying on of the relevant road passenger transport business by the holder of the certificate.

10 Appeal.

10.

10. (1) In case the Minister refuses an application under these Regulations or suspends or revokes a road passenger certificate, he shall as soon as may be by notice in writing inform the applicant or holder of the certificate concerned, as may be appropriate, of his decision and the reasons therefor, and the applicant or holder may at any time within the period of twenty-eight days beginning on the date of the notice apply in writing to the Minister to review the decision.

• (2) In case an application is made to the Minister under paragraph (1) of this Regulation to review a decision, if on considering the application the Minister is satisfied by the applicant that, having regard to facts and circumstances specified by the applicant, the decision is not appropriate, he may substitute for the decision such other decision as he considers appropriate.

• (3) In case the Minister refuses an application under these Regulations (other than paragraph (2) of this Regulation) or suspends or revokes a road passenger certificate and, where there is an appeal under paragraph (4) of this Regulation against the decision no such appeal is taken, his decision shall have effect—

• (i) in case no application is made under the said paragraph (2) as regards the decision and the period during which such an application may be made has expired, as on and from the expiration of that period, and

• (ii) in case such an application is made and the Minister does not substitute for the decision another decision or the application is withdrawn, as on and from either the determination of the application or the withdrawal, as may be appropriate.

• (4) In case the Minister refuses an application under these Regulations or suspends or revokes a road passenger certificate and the reason, or one of the reasons, for his decision is that he is satisfied that the applicant does not satisfy or the holder of the certificate no longer satisfies the requirement of provision (a) the following provisions shall apply, namely;

( a ) in case the applicant or holder of the certificate is aggrieved by the decision he may appeal to the District Court against the decision in accordance with sub-paragraph (b) of this paragraph;

( b ) an appeal under this paragraph shall be brought not later than twenty-one days after the decision comes into effect and shall be brought against the decision in so far, and only in so far, as the decision was made for the said reason, and in determining the appeal the Justice may—

• (i) if he is satisfied that the decision was properly made for the said reason, confirm the decision, and

• (ii) if he is not so satisfied, annul the decision and in the case of a refusal by the Minister of an application under these Regulations, direct the Minister to allow the application,

( c ) the decision of the Minister shall have effect,

• (i) in case no appeal is taken against the decision and the period during which such an appeal may be taken has expired, as on and from the expiration of that period, and

• (ii) in case such an appeal is taken and the decision is confirmed on appeal or the appeal is withdrawn, as on and from such confirmation or withdrawal.

• (5) In case a direction is given to the Minister under paragraph (4) (b) (ii) of this Regulation, the Minister shall comply with the direction.

11 Professional competence.

11.

11. The Minister is hereby designated as the competent authority for the purposes of Article 2 of the Council Directive and the issue of a certificate of competence under these Regulations by the Minister shall constitute recognition by the Minister of the possession by the person to whom the certificate relates of skill in the subjects listed either in Part A of the Annex to the Directive or in Part B of such Annex, as may be specified in the certificate.

12 Examinations and courses.

12.

12. The Minister may conduct, or appoint a person to conduct on his behalf, examinations for the purposes of these Regulations and he may in relation to such examinations provide or arrange for the provision of courses of instruction and training.

13 Certificates of competence.

13.

13. (1) Where a person undergoes an examination held for the purposes of these Regulations by or on behalf of the Minister, then the Minister shall, on receipt of an application in that behalf and on payment of the appropriate fee (if any), grant to the person—

• (i) in case at the examination the person passes each of the subjects mentioned at A of the Annex to the Council Directive, a certificate which for the purposes of these Regulations shall be known, as a "national certificate of competence",

• (ii) in case the person so passes each of the subjects mentioned at B in the Annex to the Council Directive, a certificate which for the purposes of these Regulations shall be known, as an "international certificate of competence".

• (2) Where a person who before the 1st day of January, 1975, either held a public service vehicle licence or effectively and continuously managed a road passenger transport business lawfully carried on wishes to obtain an international certificate of competence, he may apply to the Minister therefor and the Minister shall, on such an application being received and on payment of the appropriate fee (if any), grant to the person an international certificate of competence.

• (3) ( a ) Where a person who,

• (i) neither earlier than the 1st day of January, 1975, nor later than the 31st day of December, 1977, has commenced either to hold a public service vehicle licence or to manage continuously and effectively a road passenger transport business lawfully carried on with vehicles in relation to each of which there is either such a licence, or an exemption from the requirement to hold such a licence, or

• (ii) has held such a licence or so carried on or managed such business for not less than three years, or so carried on or managed two or more such businesses for periods the aggregate of which is not less than three years,

wishes to obtain an international certificate of competence, he may apply to the Minister therefor and the Minister, on such an application being received not later than the 31st day of December, 1979, and on payment of the appropriate fee (if any), shall grant to the person an international certificate of competence.

( b ) Where pursuant to subparagraph (a) of this paragraph the Minister grants a certificate of competence, the Minister shall specify in the certificate the period or the aggregate of periods taken into account by the Minister under that subparagraph.

• (4) Where a person who holds a qualification which is a qualification specified in the Second Schedule to these Regulations, or any other qualification which the Minister is satisfied is equivalent to a qualification so specified, makes an application to the Minister for the grant of an international certificate of competence, then on being satisfied that the person holds the qualification and on payment to him by the person of the appropriate fee (if any), the Minister shall grant to the person an international certificate of competence.

• (5) ( a ) Where a person satisfies the Minister that he holds a qualification and that the holding of such qualifications implies that the holder thereof has a knowledge sufficient for the purpose of these Regulations of one or more of the subjects listed in the Annex to the Directive, the Minister may grant to the person an exemption as regards that subject or subjects.

( b ) In case the Minister grants an exemption under this Regulation, then for the purposes of paragraph (1) of this Regulation the person shall be deemed to have passed an examination, held for the purposes of these Regulations, in the subject or each of the subjects to which the exemption relates.

14 Fees.

14.

14. (1) There shall be paid to the Minister as regards

( a ) the grant or renewal by him of a road passenger certificate,

( b ) the granting by him of a certificate of competence under these Regulations,

( c ) undergoing an examination conducted by him under and for the purposes of these Regulations,

( d ) attendance at courses of instruction and training provided by him under these Regulations,

such fees (if any) as may be fixed by the Minister with the consent of the Minister for Finance.

• (2) The following provisions shall have effect in relation to all fees payable to the Minister under this Regulation, namely:

( a ) the fees shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall be paid into the Exchequer in accordance with the directions of the Minister for Finance.

( b ) the Public Offices Fees Act, 1879, shall not apply in respect of such fees.

15 Road passenger transport register.

15.

15. (1) ( a ) The Minister shall, in accordance with the provisions of these Regulations, set up and maintain a register to be known as the Road Passenger Transport Register (which register is in these Regulations referred to as "the register").

( b ) The register shall be divided into two parts which parts are referred to in this Regulation as "Part I of the register" and "Part II of the register", respectively.

• (2) ( a ) In case the Minister grants a certificate of competence he shall thereupon register in Part I of the register the name and address of the person to whom the certificate is granted, whether the certificate is an international certificate of competence or a national such certificate, and such other particulars (if any) as the Minister, in the circumstances of the case, considers relevant.

( b ) In case the Minister grants a road passenger certificate he shall thereupon register in Part II of the register the name and address of the person to whom the certificate is granted, whether the certificate is an international road passenger certificate or a national such certificate, and such other particulars (if any) as the Minister, in the circumstances of the case, considers relevant.

• (3) As on and from the 1st day of January, 1978, any change in the name or address of a person registered in the register shall be notified by him to the Minister.

• (4) The Minister shall permit the register to be inspected during office hours by any person.

16 Notification of death or incapacity.

16.

16. (1) Where the holder of a road passenger certificate ceases to carry on or through ill-health becomes incapable of carrying on the relevant road passenger transport business, he shall, as soon as may be, inform the Minister in writing.

• (2) Where the holder of a road passenger certificate dies, his personal representative shall, as soon as may be, inform the Minister.

• (3) In case a person who for the time being is designated in pursuance of Regulation 5 (6) of these Regulations ceases by death or otherwise to manage, or while employed by the holder of the relevant road passenger certificate becomes through ill-health incapable of effectively managing the relevant road passenger transport business, such holder shall, as soon as may be inform the Minister.

17 Repeal and amendments.

17.

17. As on and from the 1st day of January, 1978, section 19 of the Act of 1932 shall cease to have effect. The provisions of these Regulations in so far as they affect the transfer of passenger licences and authorisations, as the case may be, shall apply notwithstanding anything in section 18 of the Act of 1932 or Regulation 6 of the European Communities (International Carriage of Passengers) Regulations, 1974.

18 Penalties.

18.

18. (1) A person who contravenes Regulation 3 (1) of these Regulations shall be guilty of an offence and, subject to paragraph (3) of this Regulation, shall be liable on summary conviction thereof to a fine not exceeding fifty pounds together with, in the case of a continuing offence, a fine not exceeding five pounds for every day during which the offence continues.

• (2) Any person who for the purpose of obtaining, whether for himself or another, the grant or renewal of a road passenger certificate makes a declaration required by these Regulations and which he knows to be false in a material particular or recklessly makes such a declaration which is so false shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.

• (3) Where a person is convicted of an offence under paragraph (1) of this Regulation the fine to be imposed in respect of a second offence committed by him within five years after the commission of the first shall be not less than ten pounds and the fine in respect of each subsequent offence committed by him within any period of five years shall be not less than twice the minimum fine prescribed by this paragraph in respect of the immediately preceding offence, subject to a maximum fine of three hundred and twenty pounds.

• (4) Section 1 (1) of the Probation of Offenders Act, 1907, shall not apply in relation to an offence to which paragraph (3) of this Regulation applies.

19 Prosecution by Minister.

19.

19. An offence under these Regulations may be prosecuted by the Minister.

FIRST SCHEDULE.

Form of Declaration referred to in Regulation 5 (5) (c) (i).

I, __, of __ hereby declare that I am neither a bankrupt nor a person in relation to whom there is in existence an arrangement with creditors, whether under the control of a court or otherwise.

SECOND SCHEDULE.

GIVEN under my Official Seal this 19th day of December, 1977.

PÁDRAIG FAULKNER,

Minister for Tourism and Transport.

EXPLANATORY NOTE.

General

The purpose of the Regulations is to give effect to EEC Council Directive—No. 562/74—on admission to the occupation of road passenger transport operator. From 1st January, 1978 every person carrying on a road passenger transport business will need a Road Passenger Certificate.

The Regulations are additional to the provisions of Part VII of the Road Traffic Act, 1961 and Regulations made thereunder relating to licensing of large public service vehicles and also to the provisions of the Road Transport Acts and the European Communities (International Carriage of Passengers) Regulations, 1974 relating to road passenger licensing (transport for reward). A Certificate is not a passenger licence or a public service vehicle licence and does not confer any right to a passenger licence or a public service vehicle licence.

Principal Features

• (i) New requirements of good repute, financial standing and professional competence are imposed on persons setting up road passenger transport businesses (as bus operators) on or after 1st January, 1978.

• (ii) There are exemptions for

( a ) persons carrying on such businesses by means of vehicles equipped so as to be suitable for carrying 9 persons or less including the driver (small public service vehicles)

( b ) carriage of school children to and from school by persons licensed under section 60 of the Road Traffic (Public Service Vehicles) Regulations, 1963

( c ) carriage of workers to and from work in vehicles owned by their employers

( d ) carriage of persons in vehicles owned by schools to and from school or in the course of school activities and

( e ) carriage otherwise than for profit by voluntary organisations in vehicles owned by them.

• (iii) The Regulations do not apply to tour operators or other persons organising passenger transport unless they are also the owners or lessees of the buses used.

• (iv) For the purpose of implementation the Regulations provide for the introduction of a Road Passenger Certificate and make it an offence for any person to carry on a road passenger transport business other than a business covered by the exemptions set out in paragraph (ii) unless such a person is the holder of such a certificate.

• (v) The Regulations provide for national and international Road Passenger Certificates. Persons who engage in both national and international road passenger transport operations will require an International Road Passenger Certificate. Persons who engage in national operations only will require a National Road Passenger Certificate.

• (vi) The Regulations provide for the issue of an International Road Passenger Certificate to every holder of a public service vehicle licence for a large public service vehicle who held such a licence prior to 1st January, 1978 and to statutory transport undertakings. However, a person who obtains such a licence for the first time after 31st December, 1974 and before 1st January, 1978 must satisfy the requirement of professional competence before 1st January, 1980, otherwise the Road Passenger Certificate will be withdrawn. If the holder, after that date, is only able to prove competence for national transport, his International Road Passenger Certificate will be replaced by a National Road Passenger Certificate.

• (vii) The Regulations provide for the issue of a Road Passenger Certificate to every person who commences a road passenger transport business to which the Regulations apply on or after 1st January, 1978 if he furnishes proof that he is of good repute, of adequate financial standing and professionally competent. The type of certificate issued will depend on whether the applicant is the holder of a National or an International Certificate of Competence.

• (viii) The Regulations also provide that the requirement of professional competence may be satisfied by a manager who proves professional competence and is of good repute.

• (ix) The Regulations lay down the criteria by which fulfilment of the requirements of good repute, financial standing and professional competence may be determined and provide for the conduct of examinations and the issue of Certificates of Competence. The Regulations provide for suspension or revocation of Road Passenger Certificates issued to persons setting up road passenger transport businesses for the first time after 1st January, 1978 where the holder does not continue to satisfy the requirements of good repute, financial standing and professional competence and for suspension or revocation of a Road Passenger Certificate granted in respect of a business set up prior to 1st January, 1978 where the holder ceases to carry on such business.

• (x) In general, passenger licences will be transferable only to persons who fulfil the requirements of good repute, financial standing and professional competence but temporary arrangements can be made in the case of the death or incapacity of a licensee.