IE
S.I. No. 68/1995 - European Communities (Road Passenger Transport) (Amendment) Regulations, 1995.
Table of Provisions (19)
Statutory Text (19 Articles)
1. I am the holder of a national/international* certificate of competence number___________
2. I accept being engaged as Transport Manager to continuously and effectively manage the transport operations of the road transport business of
Name:__________________
Address
:________________
_______________
3. I am not a bankrupt or a person in relation to whom there is in existence an arrangement with creditors, whether under the control of the court or otherwise.
4. I commenced/will commence* as Transport Manager from ___________
(date)
, and the total weekly hours arising from the duties of transport manager is/will be* not less than* ______ per week.
5. *I have no other occupation.
*I have another occupation as _____________ which involves ________hours per week.
(Jurat as in form contained in Second Schedule to these Regulations)
*Delete where not applicable
".
GIVEN under my Official Seal, this 23rd day of March, 1995.
MICHAEL LOWRY, T.D.,
Minister for Transport, Energy and
Communications.
EXPLANATORY NOTE.
The effect of the Instrument is to amend the format of various affidavits which must be submitted with an application for a Road Passenger Transport Operator's Licence. The Instrument also amends the existing Regulations with regard to good repute and enforcement.
6. Certificate of registration of the business name issued by the Companies Office and used by the applicant (where not appropriate, please put 'not appropriate' under the 'NO' column)
__________________________
Signature of accountant/solicitor who inspected documents.
Date:_____________________
SCHEDULE C
Regulation 17.
"FIFTH SCHEDULE
Form of Affidavit to be completed by transport manager.
European Communities (Road Passenger Transport) Regulations, 1991 to 1995.
I, ___________
(name)
, of __________________________
(address)
, make oath and say as follows
7. Regulation 8 of the Principal Regulations is hereby amended in paragraph (4)—
(
a
) by the substitution of "the provisions of paragraph (2) (
d
) of Regulation 5 of these Regulations" for "the provisions of paragraph (2) (other than the provisions of subparagraphs (
a
) and (
b
)) of Regulation 5 of these Regulations", and
(
b
) by the substitution of "an affidavit in the form set out in the Fifth Schedule to these Regulations" for "affidavits in the form set out in the Fourth and Fifth Schedules".
8. Regulation 12 of the Principal Regulations is hereby amended in paragraph (3) (
a
) by the substitution of "paragraph 4 of that affidavit" for "paragraph 2 of that affidavit".
9. The Principal Regulations are hereby amended by the insertion of the following Regulation after Regulation 12
"
Change in vehicle fleet
10. Regulation 14 of the Principal Regulations is hereby amended—
(
a
) in paragraph (3) by the deletion of "subject to written application and appointment and" and
(
b
) in paragraph (4) by the deletion of "written application and".
11. Regulation 16 of the Principal Regulations is hereby amended in paragraph (2) (
a
) by the substitution of "inspection of the register, a fee of £5 per hour or part thereof and," for "inspection of the register, a fee of £3 per hour or part thereof, and".
12. Regulation 17 of the Principal Regulations is hereby amended—
(
a
) in paragraph (2) by the deletion of ", unless within ten days after the date on which the production was demanded he produces such document in person to a member of the Garda Síochána at a Garda Síochána Station to be named by such person at the time the production is demanded,",
(
b
) in paragraph (3)—
(i) by the deletion of "or where a person produces such document at a Garda Síochána Station in accordance with paragraph (2) of this Regulation but refuses to allow the member of the Garda Síochána to whom the document is then produced to read it", and
(ii) by the substitution of "the member or transport officer may demand of such person" for "the member may demand of such person",
(
c
) in paragraph (4) by the insertion of "or transport officer" after "as having permitted such member",
and
(
d
) by the deletion of paragraph (5).
12A. (1) Where a change occurs in the vehicle fleet operated under a road passenger transport operator's licence, by way of increase or decrease in the number of vehicles or by way of substitution in the vehicle fleet, the holder shall notify the Minister of such occurrence within one month of it taking place.
(2) A person who contravenes paragraph (1) of this regulation shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £1,000.".
13. The First Schedule to the Principal Regulations is hereby amended by the insertion of the following paragraph after paragraph (
p
)
"(
pp
) any offence under
section 215
of the
Social Welfare (Consolidation) Act, 1993
(No. 27 of 1993);".
14. The Principal Regulations are hereby amended by the substitution of the provisions set out in Schedule A to these Regulations for the Second Schedule to the Principal Regulations.
15. The Principal Regulations are hereby amended by the substitution of the provisions set out in Schedule B to these Regulations for the Third Schedule to the Principal Regulations.
16. The Principal Regulations are hereby amended by the revocation of the Fourth Schedule to the Principal Regulations.
17. The Principal Regulations are hereby amended by the substitution of the provisions set out in Schedule C to these Regulations for the Fifth Schedule to the Principal Regulations.
SCHEDULE A
Regulation 14.
"SECOND SCHEDULE
Form of Affidavit to be completed by an applicant for a road passenger transport operator's licence.
European Communities (Road Passenger Transport) Regulations, 1991 to 1995.
[NOTE: in the case of an application on behalf of a partnership, an affidavit has to be sworn by each partner]
I, ______________(
name
), of _____________________ (
address
), make oath and say as follows
S.I. No. 68 of 1995.
EUROPEAN COMMUNITIES (ROAD PASSENGER TRANSPORT) (AMENDMENT) REGULATIONS, 1995.
I, MICHAEL LOWRY, T.D., Minister for Transport, Energy and Communications, in exercise of the powers conferred on me by
section 3
of the
European Communities Act, 1972
(No. 27 of 1972), and for the purposes of giving further effect, in so far as road passenger transport operations are concerned, to Council Directive No. 74/562/EEC of 12 November, 1974
(a)
, Council Directive No. 77/96/EEC of 12 December, 1977
(b)
, Council Directive No. 89/438/EEC of 21 June, 1989
(c)
, hereby make the following Regulations