Taxi Regulation Act 2013

• (18) Bye-laws under section 84 (as amended by section 29 of the Road Traffic Act 2004) of the Act of 1961 which are in force immediately before the commencement of this section continue in force after such commencement as if made under this section and may be amended or revoked accordingly.

• (19) In this section—

“public road” has the meaning assigned to it in the Roads Act 1993;

“website” in relation to a local authority, means a website maintained or used by the local authority on the internet.

26. Restriction on use of “taxi”

26. (1) A person shall not use or display on a vehicle or any sign or advertisement attached to the vehicle, the words “taxi” or “tacsaí” or any word which is a variant derivative or translation of or is analogous to those words, unless the vehicle is licensed as a taxi under section 9.

• (2) A person shall not use any document or advertisement in respect of the provision of small public service vehicle services, on which appears the word “taxi” or “tacsaí” or any word which is a variant derivative or translation of or is analogous to those words, unless the service relates to the provision of such service with a taxi licensed under section 9.

• (3) A person shall not display on a vehicle, which is not licensed as a taxi, a taxi sign or identification issued in accordance with SPSV regulations or a sign or identification purporting to be such.

• (4) A person who contravenes this section commits an offence and is liable on summary conviction to a class A fine.

27. Prohibition on promoting, offering or advertising unlicensed small public service vehicle services

27. (1) A person shall not promote, offer or advertise the service of a small public service vehicle for hire when at the time of the promotion, offer or advertisement the person does not hold a licence to provide the service for which the vehicle is to be hired or there is no licence in force in respect of a small public service vehicle to which the promotion, offer or advertisement relates.

• (2) A person who contravenes F29[subsection (1)] commits an offence and is liable on summary conviction to a class A fine.

• (3) An authorised person may enter any premises (other than a private dwelling, without the consent of the occupier of the dwelling) or place where he or she has reasonable grounds to believe that a person is promoting, offering or advertising the service of a small public service vehicle for hire and—

• (a) inspect the premises or place and any promotional or advertising material or printed matter or information (in whatever form held) relating to the hire of a small public service vehicle,

• (b) request such information as is reasonable from any person whom he or she suspects is promoting, offering or advertising such services, and

• (c) require the name and address of the person.

• (4) Where an authorised person is satisfied that a person is promoting, offering or advertising services contrary to subsection (1), he or she may—

• (a) seize and detain printed matter or material relating to such services, and

• (b) require any person he or she considers is promoting, offering or advertising such services to immediately cease that activity.

• (5) A person who claims an interest in printed matter or materials seized under subsection (4)(a) may, not later than 30 days after the date on which the thing was seized, apply to a judge of the District Court within whose district the seizure was effected for an order directing the return to that person of the matter or material and the judge shall, on the hearing of the application—

• (a) if satisfied that the seizure under subsection (4)(a) was properly carried out, confirm the seizure and detention, or

• (b) if not so satisfied, order the return to the person of the matter or material seized.

• (6) A judge of the District Court may adjourn the hearing of an application made to him or her under subsection (5) until the conclusion of any proceedings under subsection (8) relating to the matter concerned.

• (7) Where a person who claims an interest in matter or material seized and detained under subsection (4)—

• (a) does not make an application to the District Court within the period referred to in subsection (5) or does make such an application within that period and the Court dismisses the application or the person withdraws it, or

• (b) does not apply within the relevant time for its release,

the Authority may dispose of it.

• (8) A person who—

• (a) obstructs an authorised person in seizing or detaining matter or material under subsection (4)(a), or

• (b) fails to comply with a requirement of an authorised person under subsection (4)(b),

commits an offence and is liable on summary conviction to a class A fine.

28. Forgery and unlawful use of small public service vehicle and driver identification

28. (1) A person shall not forge or alter with intent to deceive any identification, F30[information,] sign, disc or badge provided under SPSV regulations.

• (2) A person shall not use or display on a small public service vehicle or a vehicle purporting to be such any identification, sign, disc or badge issued in respect of another vehicle.

• (3) A person shall not use or display on his or her person or in a small public service vehicle or a vehicle purporting to be such any identification or badge issued to another person in respect of the driving of a small public service vehicle under SPSV regulations.

• (4) A person who contravenes this section commits an offence and is liable—

• (a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or

• (b) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 5 years, or to both.

• (5) Where a person is convicted of an offence under this section any licence held by him or her stands revoked.

• (6) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.

29. Regulation of passengers in small public service vehicles

29. (1) A passenger or intending passenger in a small public service vehicle shall not—

• (a) enter the vehicle, except with the consent of its driver,

• (b) deliberately or recklessly damage the vehicle,

• (c) deliberately or recklessly remove, displace, deface or alter any instrument, sign or notice in the vehicle,

• (d) spit in or on or deliberately or recklessly soil any part of the vehicle,

• (e) consume any intoxicating liquor, tobacco or controlled drug (within the meaning of the Misuse of Drugs Act 1977) in the vehicle, or

• (f) deliberately or recklessly leave any syringe (within the meaning of the Non-Fatal Offences Against the Person Act 1997) or sharp instrument, broken glass or other thing likely to cause harm in any part of the vehicle.

• (2) A passenger or intending passenger in a small public service vehicle shall—

• (a) comply with—

• (i) any code of conduct regarding the behaviour of passengers in such vehicles, and

• (ii) any reasonable request made to him or her by the driver of the vehicle,

and

• (b) pay any fare lawfully required of him or her by the driver of the vehicle.

• (3) A passenger or an intending passenger in a small public service vehicle shall not, without the permission of the driver of the vehicle, consume food or non-alcohol beverages.

• (4) Where a passenger or intending passenger in a small public service vehicle is contravening subsection (1) or (3) or fails to comply with subsection (2), the driver of the vehicle may request the passenger to leave the vehicle, at a place where it is safe from danger of traffic or other hazards, or the intending passenger not to enter the vehicle.

• (5) Where a person refuses to leave a vehicle upon the request of its driver, the driver may request a member of the Garda Síochána to remove the person.

• (6) A passenger or an intending passenger in a small public service vehicle who contravenes subsection (1) or (3) commits an offence and is liable on summary conviction to a class C fine.

PART 4 Mandatory Disqualifications

30. Mandatory disqualification for holding small public service vehicle driver licences on certain convictions

30. (1) In this section—

F31["appropriate court" means—

• (a) in relation to a conviction—

• (i) on indictment for a specified offence other than an offence referred to in subparagraph (ii), the Circuit Court, and

• (ii) for the offence of murder, manslaughter or rape, the Central Criminal Court,

and

• (b) in the case of an offence referred to in subsection (3), the Circuit Court;]

“corresponding offence” means an offence under the law of another jurisdiction where the act or omission constituting the offence under the law of the other jurisdiction would, if committed in the State, constitute an offence specified in subsection (3) or the Schedule as the case may be;

“court in another jurisdiction that is not of minor or limited jurisdiction” means a court or tribunal in a jurisdiction other than the State that has the power to impose on a person for the offence concerned a term of imprisonment of 12 months or more;

“licence” means a licence to drive a small public service vehicle;

F32["sexual offence" means an offence referred to in paragraphs 5 to 11A of Part 1, or paragraphs 4 to 7A of Part 2 of the Schedule;]

“specified offence” means—

• (a) any offence mentioned in the Schedule,

• (b) an offence consisting of attempting or conspiring to commit, or aiding, abetting, counselling, soliciting, procuring or inciting the commission of, any offence so mentioned, or

• (c) a corresponding offence to an offence specified in the Schedule (other than an offence mentioned in paragraph 20 of Part 2 of the Schedule).

• (2) Where a person, being the applicant for, or the holder of, a licence is convicted on indictment or in a court in another jurisdiction that is not of minor or limited jurisdiction of a specified offence—

• (a) mentioned in Part 1 of the Schedule then the person, from the date of conviction, is disqualified for life for holding a licence, or

• (b) mentioned in Part 2 of the Schedule—

• (i) where a fine only or a sentence to a term of imprisonment the operation of which is suspended in whole, or both, are imposed on the person, then the person, from the date of conviction, is disqualified for holding a licence for a period of 12 months, or

• (ii) where a sentence to a term of imprisonment is imposed on the person which is not suspended in whole, then the person is disqualified for holding a licence—

• (I) during the term of imprisonment imposed, and

• (II) from the end of the term of imprisonment imposed, a further period of—

• (a) 18 months, where the term of imprisonment imposed is not more than 3 years,

• (b) 2 years, where the term of imprisonment imposed is more than 3 years but not more than 5 years,

• (c) 3 years, where the term of imprisonment imposed is more than 5 years but not more than 7 years, or

• (d) 5 years, where the term of imprisonment imposed is more than 7 years.

• (3) Where a person being the applicant for, or the holder of, a licence is convicted after the commencement of this subsection of any of the following offences, namely—

• (a) on indictment, of careless driving under section 52 of the Act of 1961 or dangerous driving under section 53 of that Act,

• (b) on summary conviction, of dangerous driving under section 53 of the Act of 1961,

• (c) of driving a vehicle while under the influence of an intoxicant under section 4 of the Act of 2010,

• (d) of being in charge of a vehicle while under the influence of an intoxicant under section 5 of the Act of 2010,

• (e) of failing to provide a specimen under section 12 or 14 of the Act of 2010, or

• (f) a corresponding offence to an offence mentioned in any of the preceding paragraphs,

the person is disqualified for holding a licence F33[for the period of any disqualification for driving a mechanically propelled vehicle imposed on conviction] (“the first-mentioned period”) and—

• (i) in the case of a conviction mentioned in F34[paragraph (a) or a conviction for a corresponding offence], a further period of 5 years, or

• (ii) in the case of a conviction mentioned in F35[paragraph (b), (c), (d) or (e) or a conviction for a corresponding offence], a further period of 3 years,

from the end of the first-mentioned period.

• (4) A disqualification under this section takes effect upon—

• (a) the expiration of the ordinary time for bringing an appeal against the conviction concerned, or

• (b) in the event of an appeal—

• (i) where the conviction is confirmed, its confirmation, or

• (ii) the withdrawal of the appeal.

• (5) Subsection (2) applies to a person who has been convicted of a specified offence before or after the commencement of that subsection.

• (6) A person is disqualified for making an application under subsection (8) while he or she is serving a term of imprisonment.

• (7) Where a person is disqualified for holding a licence under this section—

• (a) a licence shall not be granted to the person, and

• (b) a licence held by the person stands revoked.

• (8) Subject to subsection (6), where a person is convicted of a specified offence or an offence referred to in subsection (3) the person may apply to the appropriate court—

• (a) to be allowed to apply for a licence, or

• (b) where the person is a person referred to in subsection (11), to be allowed continue to hold his or her licence.

• (9) The appropriate court may grant an application under subsection (8) where it is satisfied, in all the circumstances that the person is a suitable person to be allowed to apply for or continue to hold a licence, as the case may be.

• (10) The appropriate court, in determining whether to grant or refuse an application under subsection (8) shall have regard to the following:

• (a) the appellant’s conduct since conviction;

• (b) the nature of the offence giving rise to the disqualification;

• (c) whether the conviction resulting in the disqualification is one of a number of convictions for the same or different specified offences;

• (d) the penalty or sentence suffered on foot of the conviction;

• (e) the period of disqualification for the specified offence;

• (f) any other disqualification or forfeiture imposed on foot of the conviction;

• (g) whether the offence was committed in the course of or connected with the use of a small public service vehicle or plying for hire;

• (h) the welfare and safety of passengers in small public service vehicles and members of the public;

• (i) any other matter the court considers relevant.

• (11) Where a person who, but for this subsection, would be disqualified under subsection (2) for holding a licence for having been convicted of, before the commencement of this section, an offence referred to in subsection (2) the disqualification of the person stands suspended, subject to subsection (12), during the period of 12 months from that commencement.

• (12) Where an application is made by the person referred to in subsection (11) to the appropriate court under subsection (8) during the period referred to in subsection (11)—

• (a) the suspension of the disqualification continues while the application is pending, and

• (b) if the application is—

• (i) refused, the disqualification takes effect from the date of the refusal or on such later date, not exceeding 28 days from the date of the refusal, as the court may allow, or

• (ii) withdrawn, the disqualification takes effect—

• (I) 28 days after its withdrawal, if withdrawn before the expiration of the 12 month period referred to in subsection (11), or

• (II) if withdrawn after that period, the day after its withdrawal.

• (13)
• (a) A person intending to make an application to the appropriate court under subsection (8) shall give 21 days’ notice in writing of that intention to the Superintendent of the Garda Síochána for the district in which the person ordinarily resides or carries on business and, where the person is the holder of a licence—

• (i) to the licensing authority which granted the licence, and

• (ii) if the Authority did not grant the licence, to the Authority.

• (b) At the hearing of the application under subsection (8)—

• (i) the Superintendent of the Garda Síochána for the district in which the person ordinarily resides or drives or proposes to drive a small public service vehicle,

• (ii) where the person making the application is the holder of a licence, the licensing authority which granted the licence, and, if the Authority did not grant the licence, the Authority, and

• (iii) any other person whom the appropriate court considers relevant or affected by the application,

may appear and shall be entitled to be heard and to adduce evidence to the court, and any such evidence may be considered by the court when it is considering the application.

• (c) The appropriate court shall cause notice of its decision on an application under subsection (8) to be given to the Superintendent of the Garda Síochána for the district in which the applicant ordinarily resides or carries on business and to the licensing authority, and if the Authority is not the licensing authority, to the Authority.

• (d) The decision of the appropriate court on an application under subsection (8) is final, save that, by leave of the court, an appeal from the decision lies—

• (i) in the case of a decision of the Circuit Court, to the High Court, or

• (ii) in the case of a decision of the High Court, to the Supreme Court,

on a specified question of law only.

• (14) For the purposes of subsections (8) and (12), a person who does not reside in the State is deemed to reside or be ordinarily resident in the Dublin Circuit.

• (15) Where an application has been made under subsection (2) of section 36 of the Act of 2003, before the passing of this Act, and a court has made a decision in respect of the application, the decision stands as though made under subsection (8).

• (16) A licensing authority shall have due regard, to the decision of the appropriate court to which an application has been made under subsection (8) allowing the applicant to apply for a licence, before making its decision whether or not to grant the licence.

31. Obligation to give licensing authority details of offences

31. (1) The applicant for, or holder of, a licence shall notify the licensing authority in writing of the fact of his or her conviction in respect of an offence referred to in the Schedule or section 30(3) or such other offences as the Minister may specify in regulations of which he or she is convicted—

• (a) in the case of an applicant for a licence, at the time of application, and

• (b) in the case of a licence holder—

• (i) in the case of a conviction after the commencement of this section, not later than one month from the date of conviction, or

• (ii) in the case of a conviction before such commencement, within one month of the commencement.

• (2) A person who fails to notify the licensing authority in accordance with this section or who provides information knowing it to be false or misleading commits an offence and is liable on summary conviction to a class A fine.

• (3) It is a defence in a prosecution for an offence under subsection (2) for the defendant to show that he or she took all reasonable steps and exercised all due diligence to avoid committing the offence.

• (4) Where a person fails to notify the licensing authority in accordance with this section or provides information knowing it to be false or misleading, the licensing authority may determine that the person is not a suitable person to hold a licence and where the person is—

• (a) an applicant for a licence, refuse the application, or

• (b) the holder of a licence, suspend or revoke the licence.

32. Proof of foreign convictions

32. (1) In proceedings against a person for an offence under section 31, the production to the court of a document that satisfies the condition referred to in subsection (2) and which purports to contain particulars of the conviction of that person for a corresponding offence (within the meaning of section 30(1)) concerned in the other jurisdiction and of the act constituting the offence shall, unless the contrary is shown, be evidence of the matters stated in it.

• (2) The condition mentioned in subsection (1)—

• (a) is that the document (judicial notice of which shall be taken by court) concerned—

• (i) purports to be signed or certified by a judge, magistrate or officer of the jurisdiction referred to in that subsection, and

• (ii) is authenticated under oath of some witness or by being sealed with the official seal of a minister or secretary of state of that state,

and

• (b) shall be regarded as being satisfied without proof of the signature or certification, and the authentication of it, that appears in or on the document.

PART 5 Demerit Scheme

33. Definitions (Part 5)

33. In this Part—

“appropriate date” shall be read in accordance with section 39;

“demerit offence” means an offence specified in section 34;

“SPSV licence record” means the entry kept in the register of licences maintained under section 18 relating to the holder of a licence to drive a small public service vehicle.

34. Demerit offences

34. An offence committed by the holder of a licence F37[to drive a small public service vehicle] under section 7(5) or (7), 8(8), 9(6), 11(4), 17(4), 20(4)(a), 22(4) or (6), 23(1) or (4), 24(7), 26(4), 31(2), 37(3), 43(1) (in respect of a contravention of section 41) or 68(3) is a demerit offence.

35. Endorsement of demerits

35. (1) Where a person makes a payment under—

• F38[(a) section 37 of the Act of 2010 as specified in a notice under section 35 of that Act in respect of a fixed charge offence referred to in paragraph (c) (inserted by section 77(1)(b)) of section 34 of the Act of 2010,

• (aa) section 103 of the Act of 1961 as specified in a notice under that section in respect of a fixed charge offence referred to in section 77(2) of this Act, or]

• (b) a fixed payment notice under section 48 in respect of a fixed payment offence,

where the offence is a demerit offence (other than an offence specified in column (2) of the Table to this section at reference number 7 or 8) the number of demerits specified in column (3) of the Table to this section opposite the mention of the offence in column (2) of the Table to this section of the provision under which the offence occurs shall, subject to and in accordance with the provisions of this Part, be endorsed on the entry in the SPSV licence record relating to that person in respect of the alleged demerit offence.

• (2) Where a person is convicted of a demerit offence, the number of demerits specified in column (4) of the Table to this section opposite the mention of the offence in column (2) of the Table of the provision under which the offence occurs shall, subject to and in accordance with this Part, be endorsed on the entry in the SPSV licence record relating to the person in respect of the offence.

• (3) Where a person—

• (a) whether on the same occasion or not—

• (i) makes 2 or more payments referred to in subsection (1) in respect of alleged demerit offences committed on the same occasion, or

• (ii) is convicted of 2 or more demerit offences committed on the same occasion,

demerits in respect of only one of the alleged offences or offences, determined, where appropriate, in accordance with subsection (4), shall be endorsed on the entry in the SPSV licence record relating to the person, or

• (b) whether on the same occasion or not, makes one or more payments referred to in subsection (1) and is convicted of one or more demerit offences and the alleged offences concerned and the demerit offences were committed on the same occasion, demerits in respect only of any one of the alleged offences and offences, determined in accordance with subsection (4), shall be endorsed on the entry in the SPSV licence record relating to the person.

• (4) In a case referred to in subsection (3)—

• (a) if the number of demerits falling (but for that subsection) to be endorsed on the entry concerned in respect of one of the alleged offences, or offences, concerned differs from that or those in respect of the other or others, the number which is the bigger or biggest shall, subject to paragraph (b), be endorsed on the entry in the SPSV licence record, and

• (b) if 2 or more of the numbers aforesaid are bigger than the other or others, or are the biggest of the numbers, and are equal, one only of them shall be so endorsed.

• (5) Where a person makes a payment under subsection (1) to a member of the Garda Síochána, the Garda Commissioner shall, as soon as may be after the payment, cause the Authority to be notified of the payment.

• (6) Upon the making of a payment referred to in subsection (1) to the Authority or being notified under subsection (5), the Authority shall, subject to subsections (3), (7) and (8), cause the appropriate number of demerits to be endorsed on the entry in respect of the SPSV licence concerned.

• (7)
• (a) When a person is convicted of an offence under a provision referred to in section 34, the registrar or clerk of the court concerned or such other member of the staff of the Courts Service as that service may designate shall notify the Authority of the conviction—

• (i) in case an appeal against the conviction is brought and—

• (I) it is determined against the person, as soon as may be after such determination, or

• (II) it is withdrawn by the person, as soon as may be after its withdrawal,

or

• (ii) in case an appeal is not brought against the conviction, as soon as may be after the expiration of the ordinary time for bringing such an appeal.

• (b) Where the conviction of a person of the offence is reversed on appeal, it shall not be necessary to notify the Authority of the conviction.

• (8) Upon the receipt by the Authority of a notification under subsection (7)(a), the Authority shall where the offence is a demerit offence, subject to subsections (3) and (9), cause the appropriate number of demerits to be endorsed on the entry concerned.

• (9) If an entry in the SPSV licence record in relation to a person does not exist at a time when, if there were such an entry, a demerit would fall to be endorsed on it pursuant to subsection (6) or (8), and, subsequently, such an entry is made, thereupon, the demerit shall be so endorsed.

TABLE

Demerits in respect of contravention of certain provisions

Reference Number	Demerit offence under	Demerits on payment of fixed charge or fixed payment	Demerits on conviction
(1)	(2)	(3)	(4)
1	Section 7(5)	1	2
2	Section 7(7)	2	4
3	Section 8(8)	2	4
4	Section 9(6)	1	2
5	Section 11(4)	1	2
6	Section 17(4)	1	2
7	Section 20(4)(a)		4
8	Section 22(4) or (6)		4
9	Section 23(1) or (4)	1	2
10	Section 24(7)	1	3
11	Section 26(4)	2	4
12	Section 31(2)	2	4
13	Section 37(3)	1	2
14	Section 43(1)(in respect of a contravention of section 41)	2	4
15	Section 68(3)	2	4

36. Period of endorsement of demerits

36. Demerits endorsed on the entry in the SPSV licence record of a person shall, subject to section 38(2), remain on the entry for a period of 3 years beginning on the appropriate date, and the Authority—

• F39[(a) shall cause the demerits to be removed from the entry at the end of that period, and]

• (b) shall cause a notice to be given or sent, by post or otherwise as it decides, to the person to whom the entry relates—

• F40[(i) of the ending of the period and its date, and]

• (ii) of the removal and particulars of the demerits the subject of the removal.

37. Notification to licence holder of endorsement of demerits

37. (1) When demerits are endorsed on the entry in the SPSV licence record of a person, the Authority shall, as soon as may be thereafter, cause a notice to be given or sent, by post or otherwise, to the person—

• (a) to the effect that the number of demerits specified in the notice has been endorsed on the entry in the SPSV licence record relating to the person following—

• (i) the making by the person of a payment referred to in section 35(1), or

• (ii) the conviction of the person of a demerit offence,

and that, subject to section 38(2), they will remain on the entry for a period of 3 years beginning on the appropriate date, and

• (b) specifying the total number of demerits that, following the endorsement, stand so endorsed and, if that number equals or exceeds 8, specifying that the person will be disqualified under section 38 for holding a licence for a period of 3 months beginning on the appropriate date and directing the person to submit the licence held by him or her to the licensing authority that granted the licence not later than 14 days from that date.

• (2) When a notice is given or sent to a person under subsection (1), the Authority shall cause particulars of the notice, including its date, to be entered on the entry in the SPSV licence record relating to the person.

• (3) A person who fails to comply with a direction under paragraph (b) of subsection (1) in a notice under that subsection commits an offence and is liable on summary conviction to a class C fine.

38. Disqualification by reason of demerits

38. (1) When demerits are endorsed on the entry in the SPSV licence record of a person and, in consequence, the total number of demerits standing so endorsed equals or exceeds 8, the person shall stand disqualified for a period of 3 months, beginning on the appropriate date, for holding a licence to drive a small public service vehicle and any such licence held by him or her shall be suspended correspondingly and cease to have effect during the period of the disqualification.

• (2) At the end of a period of disqualification pursuant to subsection (1) the Authority—

• (a) shall cause to be removed from the entry concerned demerits standing endorsed on it on the date of the notice under section 37 relating to the disqualification, and

• (b) shall cause a notice to be given or sent, by post or otherwise as it decides, to the person to whom the entry relates—

• (i) of the ending of the period of disqualification and its date, and

• (ii) of the removal and particulars of the demerits the subject of the removal.

• (3) Section 13 does not apply to the suspension of a licence under subsection (1).

• (4) A suspension under this section does not affect the date of expiry of the licence.

39. Appropriate date

39. (1) In this Part, subject to this section, the appropriate date, in relation to demerits, is the date that is 28 days from the date of the notice under section 37 relating to demerits, and, for the purposes of the application of this section to section 38(1), the notice under F41[section 37] is that relating to the demerits concerned that are the latest to be endorsed on an entry before a disqualification occurs under section 38(1) of the person to whom the entry relates.

• (2) If a court extends the time for instituting an appeal against a conviction for a demerit offence, it may, if it thinks it is appropriate and in the interests of justice to do so, by order provide that, in relation to the demerits concerned—

• (a) the period of—

• (i) 3 months specified in section 38, or

• (ii) 3 years specified in section 36,

or both such periods, shall begin on such date or dates other than that or those specified in subsection (1) as may be stated in the order, or

• (b) such a period shall consist of 2 discontinuous periods stated in the order or each such period shall consist of the 2 discontinuous periods so stated.

• (3) Where an order is made under subsection (2), the appropriate clerk or court registrar or such other member of the staff of the Courts Service as that service may designate shall notify the Authority of the order.

• (4) In relation to a case in which an order is made under subsection (2), subsection (1) shall be construed in accordance with the order.

• (5)
• (a) In any proceedings, a certificate signed by an officer of the Authority authorised by the Authority in that behalf and stating—

• (i) that he or she has examined the entry relating to a person,

• (ii) that a demerit was endorsed on the entry on a specified date, and

• (iii) the date of the notice under F42[section 37] relating to the demerit,

shall be admissible as evidence of those facts.

• (b) A document purporting to be a certificate under paragraph (a) shall be deemed to be such a certificate, and to have been signed by the person purporting to have signed it and to have been so signed in accordance with an authorisation under paragraph (a), unless the contrary is shown.

PART 6 Enforcement

40. Authorised persons

40. (1) The Authority may appoint in writing such and so many persons or classes of persons (including persons who are employees of a person who has entered into a service agreement) as it may determine to perform any or all of the functions conferred on an authorised person under this section as may be specified in the appointment.

• (2) A person appointed as an authorised person under subsection (1) shall, on his or her appointment, be furnished by the Authority with a warrant of his or her appointment and when exercising a power conferred on an authorised person under this Part shall, if requested by any person affected, produce the warrant to that person for inspection.

• (3) For the purposes of ensuring that the holders of licences are each complying with this Act, or a code of practice or the requirement that small public service vehicles or vehicles being used or intended to be used for hire or reward are in a roadworthy condition, an authorised person may—

• (a) subject to subsection (6), at any reasonable time, if necessary by use of reasonable force, enter the premises or place where an activity connected with or ancillary to the provision of services relating to small public service vehicles takes place or small public service vehicles are kept or located, and search the premises or place and inspect and examine any vehicle found there and inspect any licences, records or documents found there,

• (b) if he or she is a member of the Garda Síochána or is accompanied by a member of the Garda Síochána—

• (i) stop a small public service vehicle or vehicle purporting to be such a vehicle, or

• (ii) having stopped such vehicle, require it to be moved to a nearby location for the purpose of being searched, inspected and examined, and there to so search, inspect and examine any licence or documents in the vehicle,

• (c) search, inspect and examine a small public service vehicle or vehicle purporting to be such,

• (d) carry out any tests upon a vehicle, or require that the vehicle be brought to a specified place at a specified time, for tests to be carried out on it,

• (e) where a small public service vehicle, or a vehicle which the authorised person suspects is being used as such, is stopped or parked in a public place, search, inspect and examine the vehicle and examine any licence or other documents found in it or request from the person in charge of the vehicle production of such,

• (f) secure for future inspection any premises or place where he or she believes on reasonable grounds small public service vehicles are kept or located or any premises, place or vehicles in which he or she believes on reasonable grounds licences, records or documents relating to the provision of small public service vehicle services are kept,

• (g) require a person in charge of the premises, place or a vehicle on the premises, or the driver of the vehicle, to produce to him or her any licence, 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 Act,

• (h) inspect and take extracts from or make copies of such licences, 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),

• (i) remove and retain such licences, records or documents for a reasonable period for future inspection,

• (j) take photographs or make any record or visual recording of any activity on the premises or place or of the vehicle,

• (k) require the holder of a licence in respect of a small public service vehicle, or other person he or she believes to be in charge of the vehicle, to bring the vehicle to a specified location at a specified time for examination and testing,

• (l) require the name and address and date of birth of the person in charge of the vehicle or who is found on the premises or at the place.

• (4) A person appointed as an authorised person under section 49 of the Act of 2003 who, immediately before the commencement of this section, is an authorised person, shall on such commencement be deemed to be authorised under this section.

• (5) An authorised person, when exercising a power under this section, may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the authorised person in the exercise of the power.

• (6) An authorised person shall not enter, except with the consent of the occupier, a private dwelling, unless he or she has a search warrant under section 42 in respect of the entry of the dwelling.

41. Prohibition on use of unroadworthy or defective vehicle, etc., as small public service vehicle - prohibition on use of unlicensed SPSV - seizure and detention

41. (1) Where an authorised person, having inspected, examined or tested under section 40 a small public service vehicle or a vehicle purporting to be such a vehicle, is satisfied—

• (a) that the vehicle is not roadworthy,

• (b) that there is a defect affecting the vehicle rendering it unfit for the carriage of passengers, or

• (c) that an approved policy of insurance (within the meaning of section 62 of the Act of 1961) in accordance with regulations made under section 68 is not in force in respect of the vehicle,

he or she may require of the person in charge of the vehicle, or premises where the vehicle is at, that the vehicle not be used (within the meaning of “use” in section 22(7)) for the carriage of passengers for hire or reward until an authorised person, following, as appropriate, a further inspection, examination or test of the vehicle at a specified time and place, is satisfied that the vehicle is roadworthy, that the defect has been remedied, that the vehicle is adequately insured or the appropriate standard or requirement is complied with, as the case may be.

• (2) In addition to a requirement made under subsection (1) concerning a small public service vehicle or a vehicle purporting to be such a vehicle, an authorised person may seize and detain the internal, or external, signage or identification, or both, on or in the vehicle until following a further inspection, examination or test, an authorised person is satisfied that the vehicle is roadworthy, that the defect has been remedied, that the vehicle is adequately insured or the appropriate standard or requirement is complied with, as the case may be.

• (3) Where a person fails to comply with subsection (1), an authorised person may seize and detain one or more of the following:

• (a) internal, or external, vehicle signage, in or on the vehicle concerned;

• (b) any identification, in or on the vehicle concerned;

• (c) the vehicle concerned.

• (4) Where following a search, inspection or examination of a vehicle under section 40, an authorised officer is satisfied that—

• (a) the vehicle is not licensed in accordance with licensing regulations, or

• (b) the vehicle is carrying or displaying internal or external signage or identification (including a licence number) which does not relate to or apply to the vehicle or which is forged or altered in any way,

the officer may seize and detain the signage or identification or the vehicle or all of them.

• (5) The Authority may issue guidelines to authorised persons for the purposes of this section.

• (6) An authorised person who is not a member of the Garda Síochána shall not seize a vehicle under this section unless accompanied by a member of the Garda Síochána.

• (7) A person who claims an interest in a vehicle or internal or external vehicle signage seized under this section may, not later than 60 days after its seizure, apply to a judge of the District Court within whose district the seizure was effected for an order directing the return to that person of the thing and the judge shall upon the hearing of the application—

• (a) if satisfied that the seizure of the thing was properly carried out, confirm the seizure and detention, or

• (b) if not so satisfied, order the return to the person of the thing seized.

• (8) A judge of the District Court may adjourn an application under subsection (7) where he or she is satisfied the thing in question is, or is likely to be, required as evidence in any civil or criminal proceedings.

• (9) Where a person who claims an interest in a vehicle or internal or external vehicle signage seized under this section—

• (a) does not make an application to the District Court within the period referred to in subsection (7), or

• (b) does make such an application within that period and the Court dismisses the application or the person withdraws it,

the Authority may dispose of it.

• (10) The Authority may make regulations providing for the detention, removal, storage and subsequent release or disposal of a thing seized and detained under this section by an authorised person.

• (11) Regulations under subsection (10) may, in particular and without prejudice to the generality of that subsection—

• (a) authorise and provide for the recovery, from the owners of vehicles detained, removed, stored, released or disposed of, of charges in accordance with a prescribed scale, in respect of such detention, removal, storage, release or disposal,

• (b) provide that vehicles seized and detained under this section shall not, unless ordered to be returned under subsection (7)(b), be released until any costs associated with the seizure and detention are paid,

• (c) provide for the waiver or deferral of the charges mentioned in paragraph (a) in such circumstances as may be specified in the regulations,

• (d) provide for the release, by or on behalf of persons referred to in paragraph (a), of vehicles removed or stored to such persons and upon such conditions as may be specified in the regulations,

• (e) authorise and provide for the sale (or the disposal otherwise than by sale), by or on behalf of persons referred to in paragraph (a), of vehicles removed or stored and provide for the disposal of moneys received in respect of such sale or other disposal,

• (f) provide for the release of a vehicle that is not to be further used as a small public service vehicle and any written undertakings to be given in that regard by the person seeking the release.

• (12) Where a vehicle is seized under subsection (3) in respect of a matter referred to in paragraph (c) of subsection (1), the Authority may release the vehicle where a person who has an interest in the vehicle, within the period referred to in subsection (7), produces to an authorised officer an approved policy of insurance referred to in that paragraph.

• (13) Where, before the expiration of the period of 6 months commencing on the date of the disposal of a vehicle by the Authority, a person satisfies the Authority that he or she was the owner of the vehicle at the time of its disposal, the Authority shall pay him or her any proceeds from the disposal less the sum of the charges due for the detention, removal and storage of the vehicle and the expenses reasonably incurred in the disposal of the vehicle.

• (14) Any monies paid for the release of a vehicle under this section shall accrue to the Authority and 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.

42. Search warrant

42. (1) If a judge of the District Court is satisfied by information on oath of an authorised person that there are reasonable grounds for believing that—

• (a) evidence of or relating to the commission or intended commission of an offence under this Act is to be found on land or a premises,

• (b) a small public service vehicle was used or is intended to be used in the commission of an offence under this Act on land or a premises, or

• (c) a record related to anything to which paragraph (a) or (b) refers is or may be on the land or premises,

then the judge may issue a search warrant in relation F43[to that land or those premises].

• (2) A search warrant under this section shall be expressed and operate to authorise a named authorised person, accompanied by such authorised persons or other persons as the named authorised person thinks necessary, at any time, within one month from the date of issue of the warrant, on production, if so requested, of the warrant, to enter, using reasonable force if necessary, the land or premises named in the warrant and to exercise all or any of the functions conferred on an authorised person under this Act.

43. Prohibition on obstruction of authorised officer

43. (1) A person who—

• (a) obstructs or impedes an authorised person exercising a function of an authorised person under this Part,

• (b) fails to comply with a requirement of an authorised person under this Part, or

• (c) gives information to an authorised person which he or she knows to be false or misleading,

commits an offence and is liable on summary conviction to a class A fine.

• (2) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion is committing or has committed an offence under this section.

44. CCTV at taxi ranks

44. (1) The Authority may approve cameras, CCTV or other apparatus to be set up and operated at specified locations by or on behalf of the Authority or by a person appointed under a service agreement at appointed stands or, with the consent of the Garda Commissioner, at other specified locations, to facilitate—

• (a) the monitoring of persons—

• (i) standing for hire at appointed stands with a taxi to ensure compliance with Part 3, and

• (ii) using vehicles, other than taxis, to ensure they are not standing for hire from those stands,

and

• (b) the detection and monitoring of offences involving small public service vehicles at appointed stands or other locations.

• (2) Amongst other matters specified in the approval under subsection (1), cameras, CCTV and other apparatus set up under that subsection may—

• (a) record the date and time of any alleged contravention of or failure to comply with Part 3 or any incident occurring at an appointed stand or other location, and

• (b) take photographic or video images of a vehicle, its identification mark, taxi licence number and other means of identification.

• (3) The Authority may specify on its website available to the public the appointed stands it has set up, or where it is considering setting up cameras, CCTV or other apparatus referred to in subsection (1).

• (4) A document signed by an officer of the Authority (authorised in that behalf by the Authority) stating that a mechanically propelled vehicle in respect of which proceedings are taken together with any photographic or other evidence taken from a camera, CCTV or other apparatus referred to in subsection (1) of the identification mark or taxi licence number of the vehicle taken at the material time may, without proof of the signature of the officer or that the photographic or other evidence is from a camera, CCTV or other apparatus referred to in that subsection, be produced in any court and in all legal proceedings and is, until the contrary is shown, evidence of an offence under this Act. It shall not be necessary to show that the camera, CCTV or other apparatus was accurate or in good working order, unless the contrary is shown.

• (5) The Garda Commissioner may, upon a request to the Authority, have access to CCTV or other apparatus set up under this section and any record, photograph or video image contained in such.

• (6) In this section—

“CCTV” means closed-circuit television, being any fixed system employing optical devices for recording images of events occurring at or near appointed stands;

“operated” in relation to any camera, CCTV or other apparatus, includes the procurement, installation, maintenance and monitoring of such.

45. Service of notices

45. (1) A notice (other than under section 36, 37, 38 or 48) or notification under this Act shall be addressed to the person concerned by name and may be served on or given to the person—

• (a) by giving a copy to the person, his or her employee, servant or agent, or in the case of a partnership, by delivery of a copy to any of the partners,

• (b) by leaving a copy at the address where the person ordinarily resides, where he or she carries on business, or, where an address for service of notices or notifications has been furnished by the person to the Authority, at that address,

• (c) by sending a copy by post to the address at which the person ordinarily resides or carries on business, in the case of a body corporate or unincorporated body at the registered office of the body or, where an address for service has been furnished by the person to the Authority, at that address,

• (d) by sending a copy by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the person ordinarily resides or carries on business or, if an electronic address or facsimile number address for the service of a notice or notification has been furnished by the person to the Authority, that electronic address or facsimile machine, but only if—

• (i) the recipient’s facility for the reception of electronic mail generates a message confirming the successful receipt of the electronic mail, or

• (ii) the sender’s facsimile machine generates a message confirming the successful transmission of the total number of pages of the notice or notification.

• (2) For the purposes of this section, a company within the meaning of the Companies Acts is considered to be ordinarily resident at its registered office and every other body corporate or unincorporated body is considered to be ordinarily resident at its principal office or place of business.

46. Summary proceedings

46. Proceedings for an offence under this Act may be brought and prosecuted summarily by a licensing authority.

47. Revocation of licence by court consequent upon conviction

47. (1) Where the holder of a licence is convicted of an offence under this Act which in the opinion of the court makes the holder unsuitable to hold the licence, the court may revoke the licence.

• (2) The Courts Service shall notify the Authority of any revocation under subsection (1).

• (3) Where a licence is revoked under subsection (1) and the person who held the licence carries or attempts to carry a person for reward or stands or plies for hire in a small public service vehicle, he or she commits an offence and is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 3 months or to both.

• (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.

• (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.

48. F44[Fixed payment notices

48. (1) Where an authorised person has reasonable grounds for believing that a person is committing or has committed an offence under section 7(5) or (7), 8(8), 9(6), 11(4), 17(4), 20(4) (b), 23(1) or (4), 24(7) or (9), 25(9) or (10), 26(4), 27(2), 29(6), 31(2), 37(3), 43(1) in respect of a failure to comply with a requirement under section 41, 66(5) or 68(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—

• (a) that the person is alleged to have committed the offence specified in the notice,

• (b) that 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 notice a payment of a prescribed amount accompanied by the notice, duly completed,

• (c) that if the person does not make the payment specified in paragraph (b), during the period so specified, accompanied by the notice, duly completed, the person may during the period of 28 days beginning on the expiration of that period, make a payment as specified in the notice of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b), accompanied by the notice, duly completed,

• (d) if the alleged offence relates to a demerit offence (within the meaning of Part 5), that if the person on whom it is served makes a payment specified in the notice accompanied by the notice, duly completed, 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) that the person is not obliged to make the payment, and

• (f) that a prosecution in respect of the alleged offence will not be instituted during the periods specified in the notice under paragraphs (b) and (c) and, if a payment specified in the notice accompanied by the notice, duly completed, is made during the appropriate period so specified in relation to the payment, no prosecution in respect of the alleged offence will be instituted.

• (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 at the appropriate time so specified in relation to the payment, accompanied by the notice, duly completed,

• (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 to which the notice relates will not be instituted during the periods specified in the notice under paragraphs (b) and (c) of subsection (1) and, if a payment so specified is made accompanied by the notice, duly completed, during the appropriate period so specified in relation to the payment, no prosecution in respect of the alleged offence will be instituted.

• (3) In a prosecution for a fixed payment offence the onus of proving that a payment made pursuant to a fixed payment notice has been made lies on the defendant.

• (4) In any proceedings in respect of a fixed payment offence a document purporting to be a certificate of receipt of posting or delivery by or on behalf of An Post or another postal service is evidence of the posting or delivery of the fixed payment notice concerned.

• (5) Regulations under subsection (1) prescribing an amount for a fixed payment offence may prescribe, in accordance with subsection (6), different fixed payment amounts in relation to—

• (a) different offences and, in the case of an offence under section 20(4) (b), 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.

• (6) Where the Authority prescribes the amount of a payment for a fixed payment offence pursuant to a fixed payment notice, 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.

• (7) The Authority may make regulations prescribing any matter referred to in this section as prescribed or to be prescribed.

• (8) Income generated by the payment of prescribed amounts under this section pursuant to a fixed payment notice 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.

• (9) Where a person is served with a summons in respect of an alleged offence referred to in subsection (1), evidence given by the person that he or she was not served with a fixed payment notice in accordance with this section in respect of the alleged offence is not a defence to the alleged offence.]

49. 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(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.

• (2) A notice served under subsection (1) may be served by the Authority.

• (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.

• (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.

• (5) The person receiving a payment under subsection (1) may issue a receipt for it.

• (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.

• (7) F45[…]

• (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.

50. 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.

• (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.

PART 7 Other Non-Taxi Services

Chapter 1 Community Transport Service

51. 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.

52. 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.

• (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.

• (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(2) do not apply to the driver in these circumstances.

53. 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.

• (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.

• (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.

• (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.

• (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.

• (6) The Authority shall inform the applicant by notice of the decision.

• (7) An exemption may be for a specified period.

• (8) An exemption under this section shall be subject to any terms and conditions attached to it.

• (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.

• (10) The holder of an exemption shall inform the Authority in writing of any change of address of the holder.

54. 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.

55. New vehicle or volunteer drivers