PSV Regulation

ROAD TRAFFIC ACT 1961

PART VII.

Control and Operation of Public Service Vehicles.

Section 82

Regulations in relation to control and operation of public service vehicles.

82.—F177[(1) The Minister may make regulations in relation to the control and operation of large public service vehicles.]

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any of the following matters:

(a) the licensing of public service vehicles;

(b) the licensing of drivers and conductors of public service vehicles;

(c) the payment of specified fees in respect of licences, badges or plates granted F178[or applied for] under the regulations and the disposition of such fees;

(d) the conduct and duties of drivers and conductors of public service vehicles and of their employers;

(e) the conduct and duties of passengers and intending passengers in public service vehicles;

(f) the conditions (including the use of taximeters) subject to which vehicles may be operated as public service vehicles;

(g) the keeping of specified records and the issue of specified certificates and the specifying of the persons by whom such certificates are to be issued;

(h) the authorising of the fixing of maximum fares for street service vehicles;

(i) matters related to the transition from the repealed Act to the regulations under this section.

(3) Different regulations may be made under this section—

(a) in respect of different classes of vehicles,

(b) for different circumstances and for different areas.

(4) A certificate purporting to be issued pursuant to regulations under this section that on a specified day a specified fare was the maximum fare fixed for street service vehicles in a specified area shall, without proof of the signature of the person purporting to sign it or that he was the proper person to issue it, be evidence in any legal proceedings until the contrary is shown of the matters certified therein.

(5) A certificate purporting to be issued pursuant to regulations under this section that a specified person was on a specified day the holder of a licence under the regulations or that on a specified day a licence under the regulations was in force in respect of a specified vehicle shall, without proof of the signature of the person purporting to sign it or that he was the proper person to issue it, be evidence in any legal proceedings until the contrary is shown of the matters certified therein.

(6) A person who contravenes a regulation under this section which is declared to be a penal regulation and, in such cases involving a vehicle as may be prescribed and where such person is not the owner of the vehicle, such owner shall each be guilty of an offence.

(7) In a prosecution for an offence under this section in which a licence under regulations under this section is material, it shall be presumed, until the contrary is shown by the defendant, that at the material time, such a licence, then having effect, was not held.

(8) Where a mechanically propelled vehicle is used for the carriage of eight or more persons who are not in the employment of the owner of the vehicle, they shall, until the contrary is shown, be deemed to be carried in the vehicle for reward.

F179[(9) (a) If a person refuses or omits to pay to the owner, driver or conductor of a public service vehicle a sum payable by the person to such owner, driver or conductor, as the case may be, in respect of the hire of, or the fare for the person’s carriage in, the vehicle, the person shall, if so requested by such owner, driver or conductor, as the case may be, give him his name and address.

(b) Where a person refuses or fails to comply with a request under paragraph (a) of this subsection or, following such a request, gives a name or address that the owner, driver or conductor concerned has reasonable grounds for believing to be false or misleading, the owner, driver or conductor, as the case may be, aforesaid may detain the person until the arrival of a member of the Garda Síochána.

(c) A member of the Garda Síochána may request—

(i) a person who has refused or failed to comply with a request under paragraph (a) of this subsection,

(ii) a person who, following a request under that paragraph, has given to the owner, driver or conductor concerned a name or address that the latter has reasonable grounds for believing to be false or misleading,

or

(iii) a person detained pursuant to paragraph (b) of this subsection,

to give to the member his name and address and, if the person refuses or fails to give his name and address or gives a name or address that the member has reasonable grounds for believing to be false or misleading, the member may arrest the person without warrant and, if the person has refused or failed to give his name and address or has given a name or address that is false or misleading, the person shall be guilty of an offence.]

Annotations

Amendments:

F177
Substituted (26.09.2005) by Taxi Regulation Act 2003 (25/2003), s. 52(1) subject to transitional provisions in subs. (2) and (3), S.I. No. 610 of 2005.

F178
Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 57(a), S.I. No. 169 of 1968.

F179
Substituted (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), s. 7, commenced as per s. 15(5).

Modifications (not altering text):

C59
Appeals procedure established under section replaced (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 13(12), S.I. No. 163 of 2014.

Representations and appeals

13. …

(12) On the commencement of this section any appeals procedure established under any regulations made under section 82 of the Act of 1961 in relation to the refusal of an application for a licence or revoking or suspending a licence is replaced by this section.

…

C60
Provision made for certain regulations made under section to be amended or revoked (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 67(1), S.I. No. 163 of 2014.

Continuance of regulations

67.(1) Regulations made by the Minister under section 82 of the Act of 1961 in relation to the control and operation of small public service vehicles which are in force immediately before the commencement of this section may be amended or revoked by the Authority.

(2) Regulations and orders made by the Authority under the Act of 2003, which are in force immediately before the commencement of this section, continue in force as if made under the corresponding provision of this Act and may be amended or revoked by the Authority.

Editorial Notes:

E665
Power pursuant to section exercised (12.05.2017) by Road Traffic (Large Public Service Vehicles) (Licensing) Regulations 2017 (S.I. No. 192 of 2017).

E666
Provision for a licence granted under regulations made under section which is in force immediately before the commencement of Taxi Regulation Act 2013, s. 9 to continue in force until it expires in accordance with its terms and to be subject to the Taxi Regulation Act 2013 made (6.04.2014 )by Taxi Regulation Act 2013 (37/2013), s. 9(18), S.I. No. 163 of 2014.

E667
Regulations made under section applied with modifications (30.11.2013) by Taxi Regulation Act 2003 (Local Area Hackney) Regulations 2013 (S.I. No. 458 of 2013), reg. 4, commenced as per reg. 2.

E668
Transitional provisions in relation to registers established under regulations made under section provided (26.09.2005) by Taxi Regulation Act 2003 (25/2003), s. 38(4)(a) and (6), S.I. No. 610 of 2005. This SI is continued in force by Taxi Regulation Act 2013 (37/2013), s. 67(2), and the register of licences is continued in being by s. 18(1).

E669
Power pursuant to this section and s. 5 exercised (21.08.1998) by Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1998 (S.I. No. 295 of 1998).

E670
Power pursuant to this section and s. 5 exercised (25.10.1978) by Road Traffic (Public Service Vehicles) (Licensing) Regulations 1978 (S.I. No. 292 of 1978).

E671
Power pursuant to this section and s. 5 exercised (20.01.1978) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1978 (S.I. No. 15 of 1978).

E672
Power pursuant to this section and s. 5 exercised (27.09.1974) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1974 (S.I. No. 296 of 1974).

E673
Power pursuant to this section and s. 5 exercised (27.08.1970) by Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1970 (S.I. No. 200 of 1970).

E674
Power pursuant to this section and s. 5 exercised (1.12.1967) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1967 (S.I. No. 274 of 1967).

E675
Power pursuant to this section and s. 5 exercised (1.05.1964) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1964 (S.I. No. 106 of 1964).

E676
Power pursuant to this section and s. 5 exercised (27.10.1963) by Road Traffic (Public Service Vehicles) Regulations 1963 (S.I. No. 191 of 1963).

E677
Previous affecting provision: offence under Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1999 (S.I. 316 of 1999), reg. 12(1) made under this section declared to be a fixed charge offence (1.01.2013) by Taxi Regulation Act 2003 (Fixed Charges Offences) Regulations 2012 (S.I. No. 537 of 2012), reg. 3(b) and sch. 2: Failure to carry document in vehicle being driven in, into or out of a taximeter area. This SI was continued in force by Taxi Regulation Act 2013 (37/2013), s. 67(2), but was revoked (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), reg. 70 and sch. 11.

E678
Previous affecting provision: construction of regulations made under section modified (25.10.2007) by Taxi Regulation Act 2003 (Small Public Service Vehicles) (Amendment and Licensing) Regulations 2007 (S.I. No. 710 of 2007), regs. 2(1), 3; revoked (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), reg. 70 and sch. 11.

E679
Previous affection provision: application of section extended (19.10.2005) by Taxi Regulation Act 2003 (Fees and Licensing) Regulations 2005 (S.I. No. 651 of 2005), regs. 4 and 5; revoked (25.10.2007) by Taxi Regulation Act 2003 (Small Public Service Vehicles) (Amendment and Licensing) Regulations 2007 (S.I. No. 710 of 2007), reg. 26(f).

E680
Previous affecting provision: revocation or suspension of licence as a consequence of conviction under section provided (26.09.2005) by Taxi Regulation Act 2003 (25/2003), s. 44(3), S.I. No. 610 of 2005; 2003 Act repealed (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 4(c), S.I. No. 163 of 2014.

E681
Previous affecting provision: procedure for prosecution and conviction of fixed charge offence under regulations made under section prescribed (26.09.2005) by Taxi Regulation Act 2003 (25/2003), s. 46, S.I. No. 610 of 2005; 2003 Act repealed (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 4(c), S.I. No. 163 of 2014.

E682
Previous affecting provision: powers prescribed for ensuring compliance with regulations made under section (26.09.2005) by Taxi Regulation Act 2003 (25/2003), s. 49(5) and (6), S.I. No. 610 of 2005; 2003 Act repealed (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 4(c), S.I. No. 163 of 2014.

E683
Previous affecting provision: appeals procedure established by regulations made under section replaced by Taxi Regulation Act 2003 (25/2003), s. 35(8), not commenced; 2003 Act repealed (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 4(c), S.I. No. 163 of 2014.

E684
Previous affecting provision: power to amend and revoke regulations made under section provided (26.09.2005) by Taxi Regulation Act 2003 (25/2003), s. 34(9), S.I. No. 610 of 2005; 2003 Act repealed (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 4(c), S.I. No. 163 of 2014.

E685
Previous affecting provision: power pursuant to this section and s. 5 exercised (19.04.2004) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 2004 (S.I. No. 157 of 2004); revoked (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), reg. 70 and sch. 11.

E686
Previous affecting provision: power pursuant to this section and s. 5 exercised (7.08.2002) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 2002 (S.I. No. 411 of 2002); revoked (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), reg. 70 and sch. 11.

E687
Previous affecting provision: power pursuant to this section and s. 5 exercised (29.11.2001 and 1.01.2002) by Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 2001 (S.I. No. 534 of 2001); revoked (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), reg. 70 and sch. 11.

E688
Previous affecting provision: power pursuant to this section and s. 5 exercised (14.02.2001) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 2001 (S.I. No. 38 of 2001); revoked (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), reg. 70 and sch. 11.

E689
Previous affecting provision: power pursuant to this section and s. 5 exercised (21.11.2000) by Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 2000 (S.I. No. 367 of 2000); revoked (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), reg. 70 and sch. 11.

E690
Previous affecting provision: power pursuant to this section and s. 5 exercised (8.08.2000) by Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 2000 (S.I. No. 255 of 2000); revoked (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), reg. 70 and sch. 11.

E691
Previous affecting provision: power pursuant to this section and s. 5 exercised (1.03.2000) by Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1999 (S.I. No. 316 of 1999); revoked (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), reg. 70 and sch. 11.

E692
Previous affecting provision: power pursuant to this section and s. 5 exercised (13.01.2000) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 2000 (S.I. No. 3 of 2000); revoked (21.11.2000) by Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 2000 (S.I. No. 367 of 2000), reg. 3.

E693
Previous affecting provision: power pursuant to this section and s. 5 exercised (30.12.1999) by Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 1999 (S.I. No. 445 of 1999); revoked (25.09.2006) by Taxi Regulation Act 2003 (Small Public Service Vehicles) (Amendment) (No. 2) Regulations 2006 (S.I. No. 493 of 2006), reg. 7.

E694
Previous affecting provision: power pursuant to this section and s. 5 exercised (1.03.1999) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1999 (S.I. No. 51 of 1999); revoked (21.11.2000) by Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 2000 (S.I. No. 367 of 2000), reg. 3.

E695
Previous affecting provision: power pursuant to this section and s. 5 exercised (25.02.1998) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1998 (S.I. No. 47 of 1998); revoked (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), reg. 70 and sch. 11.

E696
Previous affecting provision: power pursuant to this section and s. 5 exercised (8.05.1997) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1997 (S.I. No. 193 of 1997); revoked (8.06.2010) by Taxi Regulation Act 2003 (Suitability Inspection and Annual Licence Renewal Assessment of Small Public Service Vehicles) Regulations 2010 (S.I. No. 249 of 2010), reg. 29(b).

E697
Previous affecting provision: power pursuant to this section and s. 5 exercised (1.09.1995) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 (S.I. No. 136 of 1995); revoked (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), reg. 70 and sch. 11.

E698
Previous affecting provision: power pursuant to this section and s. 5 exercised (4.02.1992) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1993 (S.I. No. 29 of 1993); revoked (1.09.1995) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 (S.I. No. 136 of 1995), reg. 4(1)(l).

E699
Previous affecting provision: power pursuant to this section and s. 5 exercised (2.12.1992) by Road Traffic (Public Service Vehicles) (Amendment) (No. 4) Regulations 1992 (S.I. No. 358 of 1992); revoked (1.09.1995) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 (S.I. No. 136 of 1995), reg. 4(1)(k).

E700
Previous affecting provision: power pursuant to this section and s. 5 exercised (6.11.1992) by Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 1992 (S.I. No. 308 of 1992); revoked (1.09.1995) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 (S.I. No. 136 of 1995), reg. 4(1)(j).

E701
Previous affecting provision: power pursuant to this section and s. 5 exercised (13.07.1992) by Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1992 (S.I. No. 172 of 1992); revoked (1.09.1995) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 (S.I. No. 136 of 1995), reg. 4(1)(i).

E702
Previous affecting provision: power pursuant to this section and s. 5 exercised (17.02.1992) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1992 (S.I. No. 32 of 1992); revoked (1.09.1995) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 (S.I. No. 136 of 1995), reg. 4(1)(h).

E703
Previous affecting provision: power pursuant to this section and s. 5 exercised (4.12.1991) by Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1991 (S.I. No. 302 of 1991); revoked (1.09.1995) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 (S.I. No. 136 of 1995), reg. 4(1)(g).

E704
Previous affecting provision: power pursuant to this section and s. 5 exercised (24.10.1991) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1991 (S.I. No. 272 of 1991); revoked (1.09.1995) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 (S.I. No. 136 of 1995), reg. 4(1)(f).

E705
Previous affecting provision: power pursuant to this section and s. 5 exercised (7.07.1987) by Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1987 (S.I. No. 184 of 1987); revoked (1.09.1995) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 (S.I. No. 136 of 1995), reg. 4(1)(e).

E706
Previous affecting provision: power pursuant to this section and s. 5 exercised (27.05.1987) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1987 (S.I. No. 139 of 1987); revoked (8.06.2010) by Taxi Regulation Act 2003 (Suitability Inspection and Annual Licence Renewal Assessment of Small Public Service Vehicles) Regulations 2010 (S.I. No. 249 of 2010), reg. 29(a).

E707
Previous affecting provision: power of prosecution of offence under section by Dublin Transport Authority provided (12.11.1986) by Dublin Transport Authority Act 1986 (15/1986), s. 53(5), S.I. No. 357 of 1986; repealed (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), s. 13, commenced as per s. 15(5).

E708
Previous affecting provision: application of section restricted by Dublin Transport Authority Act 1986 (15/1986), s. 31(11), not commenced; repealed (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), s. 13, commenced as per s. 15(5).

E709
Previous affecting provision: power pursuant to this section and s. 5 exercised (2.09.1986) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1986 (S.I. No. 300 of 1986); revoked (1.09.1995) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 (S.I. No. 136 of 1995), reg. 4(1)(d).

E710
Previous affecting provision: power pursuant to this section and s. 5 exercised (28.09.1983) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1983 (S.I. No. 273 of 1983); revoked (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), reg. 70 and sch. 11.

E711
Previous affecting provision: power pursuant to this section and s. 5 exercised (2.03.1981) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1981 (S.I. No. 66 of 1981); revoked (1.09.1995) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 (S.I. No. 136 of 1995), reg. 4(1)(c).

E712
Previous affecting provision: power pursuant to this section and s. 5 exercised (1.04.1980) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1980 (S.I. No. 54 of 1980); revoked (1.09.1995) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 (S.I. No. 136 of 1995), reg. 4(1)(b).

E713
Previous affecting provision: power pursuant to this section and s. 5 exercised (13.07.1979) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1979 (S.I. No. 242 of 1979); revoked (1.09.1995) by Road Traffic (Public Service Vehicles) (Licensing) Regulations 1978 (S.I. No. 136 of 1995), reg. 4(1)(a).

E714
Previous affecting provision: power pursuant to this section and s. 5 exercised (15.09.1978) by Road Traffic (Public Service Vehicles) (Amendment) (No. 4) Regulations 1978 (S.I. No. 259 of 1978); revoked (25.10.1978) by Road Traffic (Public Service Vehicles) (Amendment) (No. 4) Regulations 1978 (S.I. No. 292 of 1978), reg. 2(6).

E715
Previous affecting provision: power pursuant to this section and s. 5 exercised (31.08.1978) by Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 1978 (S.I. No. 247 of 1978); revoked (15.09.1978) by Road Traffic (Public Service Vehicles) (Amendment) (No. 4) Regulations 1978 (S.I. No. 259 of 1978), reg. 2.

E716
Previous affecting provision: power pursuant to this section and s. 5 exercised (11.08.1978) by Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1978 (S.I. No. 226 of 1978); revoked (25.10.1978) by Road Traffic (Public Service Vehicles) (Licensing) Regulations 1978 (S.I. No. 292 of 1978), reg. 2(5).

E717
Previous affecting provision: power pursuant to this section and s. 5 exercised (7.09.1977) by Road Traffic (Public Service Vehicles) (Amendment) (No. 4) Regulations 1977 (S.I. No. 284 of 1977); revoked (31.08.1978) by Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 1978 (S.I. No. 247 of 1978), reg. 2.

E718
Previous affecting provision: power pursuant to this section and s. 5 exercised (18.08.1977) by Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 1977 (S.I. No. 268 of 1977); revoked (31.08.1978) by Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 1978 (S.I. No. 247 of 1978), reg. 2.

E719
Previous affecting provision: power pursuant to this section and s. 5 exercised (15.06.1977) by Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1977 (S.I. No. 177 of 1977); revoked (25.10.1978) by Road Traffic (Public Service Vehicles) (Licensing) Regulations 1978 (S.I. No. 292 of 1978), reg. 2(8).

E720
Previous affecting provision: power pursuant to this section and s. 5 exercised (19.04.1977) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1977 (S.I. No. 111 of 1977); revoked (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), reg. 70 and sch. 11.

E721
Previous affecting provision: power pursuant to this section and s. 5 exercised (19.07.1976) by Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1976 (S.I. No. 160 of 1976); revoked (13.07.1979) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1979 (S.I. No. 242 of 1979), reg. 3(2).

E722
Previous affecting provision: power pursuant to this section and s. 5 exercised (2.02.1976) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1976 (S.I. No. 24 of 1976); revoked (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), reg. 70 and sch. 11.

E723
Previous affecting provision: power pursuant to this section and s. 5 exercised (29.05.1975) by Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 1975 (S.I. No. 113 of 1975); revoked (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), reg. 70 and sch. 11.

E724
Previous affecting provision: power pursuant to this section and s. 5 exercised (20.05.1975) by Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1975 (S.I. No. 101 of 1975); revoked (29.05.1975) by Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 1975 (S.I. No. 113 of 1975), reg. 3.

E725
Previous affecting provision: power pursuant to this section and s. 5 exercised (24.02.1975) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1975 (S.I. No. 35 of 1975); revoked (13.07.1979) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1979 (S.I. No. 242 of 1979), reg. 3(1).

E726
Previous affecting provision: power pursuant to this section and s. 5 exercised (1.08.1973) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1973 (S.I. No. 225 of 1973); revoked (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), reg. 70 and sch. 11.

E727
Previous affecting provision: power pursuant to this section and s. 5 exercised (27.10.1970) by Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 1970 (S.I. No. 252 of 1970); revoked (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), reg. 70 and sch. 11.

E728
Previous affecting provision: power pursuant to this section and s. 5 exercised (15.06.1970) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1970 (S.I. No. 138 of 1970); revoked (1.08.1973) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1973 (S.I. No. 225 of 1973), reg. 3.

E729
Previous affecting provision: power pursuant to this section and s. 5 exercised (17.12.1968) by Road Traffic (Public Service Vehicles) (Amendment) Regulations 1968 (S.I. No. 273 of 1968); revoked (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), reg. 70 and sch. 11.

E730
Previous affecting provision: subs. (9) inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 57(b), S.I .No. 169 of 1968; substituted as per F-note above.

Section 83
Annual inspection and verification of taximeters.

83.—F180[…]

Annotations

Amendments:

F180
Repealed (12.05.1997) by Metrology Act 1996 (27/1996), s. 6(1) and first sch. part 1, S.I. No. 177 of 1997.

Editorial Notes:

E731
Power pursuant to section exercised (17.09.1992) by Taximeter (Fees on Verification and Stamping by Special Inspectors) (No. 2) Regulations 1992 (S.I. No. 261 of 1992).

E732
Previous affecting provision: power pursuant to section exercised (14.09.1992) by Taximeter (Fees on Verification and Stamping by Special Inspectors) Regulations 1992 (S.I. No. 248 of 1992); revoked (17.09.1992) by Taximeter (Fees on Verification and Stamping by Special Inspectors) (No. 2) Regulations 1992 (S.I. No. 261 of 1992), reg. 3.

E733
Previous affecting provision: power pursuant to section exercised (5.01.1987) by Taximeter (Fees on Verification and Stamping by Special Inspectors) Regulations 1986 (S.I. No. 436 of 1986); revoked (14.09.1992) by Taximeter (Fees on Verification and Stamping by Special Inspectors) Regulations 1992 (S.I. No. 248 of 1992), reg. 3.

E734
Previous affecting provision: power pursuant to section exercised (9.06.1978) by Taximeter (Fees on Verification and Stamping by Special Inspectors) Regulations 1978 (S.I. No. 158 of 1978); revoked (5.01.1987) by Taximeter (Fees on Verification and Stamping by Special Inspectors) Regulations 1986 (S.I. No. 436 of 1986), reg. 3.

Section 84
Bye-laws in relation to stands for street service vehicles.

84.—F181[…]

Annotations

Amendments:

F181
Repealed (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 4(a), S.I. No. 163 of 2014.

Editorial Notes:

E735
The making of bye-laws in relation to stands for taxis is designated a reserved function by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 1 ref. no. 29, as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 21(4) and sch. 3, S.I. No. 214 of 2014.

E736
Provision for bye-laws made under regulations under section in force immediately before the commencement of Taxi Regulation Act 2013, s. 25 to continue in force after such commencement as if made under that section, and for their amendment or revocation, made (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E737
Power pursuant to section exercised (27.11.2002) by Dublin Appointed Stands (Street Service Vehicles) Bye-Laws 2002 (S.I. No. 546 of 2002). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E738
Power pursuant to section exercised (13.11.2002) by Thurles Appointed Stands (Street Service Vehicles) Bye-Laws 2002 (S.I. No. 520 of 2002). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E739
Previous affecting provision: power pursuant to section exercised (13.11.2002) by Thurles Appointed Stands (Street Service Vehicles) Bye-Laws 2002 (S.I. No. 220 of 2002); enabling section repealed as per F-note above.

E740
Power pursuant to section exercised (21.05.2002) by Castlebar Appointed Stands (Street Service Vehicles) Bye-Laws 2002 (S.I. No. 292 of 2002). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E741
Power pursuant to section exercised (21.05.2002) by Dundalk Appointed Stands (Street Service Vehicles) Bye-Laws 2002 (S.I. No. 293 of 2002). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E742
Power pursuant to section exercised (21.05.2002) by Dungarvan Appointed Stands (Street Service Vehicles) Bye-Laws 2002 (S.I. No. 295 of 2002). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E743
Power pursuant to section exercised (16.05.2002) by Mullingar Appointed Stands (Street Service Vehicles) Bye-Laws 2002 (S.I. No. 294 of 2002). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E744
Power pursuant to section exercised (16.10.2001) by Ballina Appointed Stands (Street Service Vehicles) Bye-Laws 2001 (S.I. No. 509 of 2001). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E745
Power pursuant to section exercised (11.11.1999) by Letterkenny Appointed Stands (Street Service Vehicles) Bye-Laws 1999 (S.I. No. 364 of 1999). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E746
Power pursuant to section exercised (6.07.1999) by Navan Appointed Stands (Street Service Vehicles) Bye-Laws 1999 (S.I. No. 239 of 1999). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E747
Power pursuant to section exercised (6.07.1999) by Waterford Appointed Stands (Street Service Vehicles) Bye-Laws 1999 (S.I. No. 240 of 1999). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E748
Power pursuant to section exercised (6.07.1999) by Athlone Appointed Stands (Street Service Vehicles) Bye-Laws 1999 (S.I. No. 241 of 1999). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E749
Power pursuant to section exercised (27.06.1989) by Sligo Appointed Stands (Street Service Vehicles) Bye-Laws 1989 (S.I. No. 172 of 1989). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E750
Power pursuant to section exercised (3.11.1988) by Carlow Appointed Stands (Street Service Vehicles) Bye-Laws 1988 (S.I. No. 283 of 1988). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E751
Power pursuant to section exercised (9.08.1988) by Kilkenny Appointed Stands (Street Service Vehicles) Bye-Laws 1987 (S.I. No. 200 of 1988). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E752
Power pursuant to section exercised (9.08.1988) by Naas Appointed Stands (Street Service Vehicles) Bye-Laws 1987 (S.I. No. 201 of 1988). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E753
Power pursuant to section exercised (22.04.1988) by Drogheda Appointed Stands (Street Service Vehicles) Bye-Laws 1988 (S.I. No. 77 of 1988). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E754
Power pursuant to section exercised (7.07.1987) by Longford Appointed Stands (Street Service Vehicles) Bye-Laws 1987 (S.I. No. 185 of 1987). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E755
Power pursuant to section exercised (28.08.1986) by Galway Appointed Stands (Street Service Vehicles) Bye-Laws 1985 (S.I. No. 303 of 1986). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E756
Power pursuant to section exercised (1.07.1986) by Donegal Appointed Stands (Street Service Vehicles) Bye-Laws 1985 (S.I. No. 243 of 1986). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E757
Power pursuant to section exercised (10.03.1981) by Limerick Appointed Stands (Street Service Vehicles) Bye-Laws 1980 (S.I. No. 102 of 1981). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E758
Power pursuant to section exercised (10.03.1981) by Killarney Appointed Stands (Street Service Vehicles) Bye-Laws 1980 (S.I. No. 71 of 1981). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E759
Power pursuant to section exercised (23.09.1965) by Tralee Appointed Stands (Street Service Vehicles) Bye-Laws 1965 (S.I. No. 203 of 1965). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E760
Power pursuant to section exercised (30.07.1965) by Cork Appointed Stands (Street Service Vehicles) Bye-Laws 1965 (S.I. No. 179 of 1965). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E761
Power pursuant to section exercised (25.06.1965) by Ennis Appointed Stands (Street Service Vehicles) Bye-Laws 1965 (S.I. No. 162 of 1965). Bye laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E762
Power pursuant to subs. (3) and ss. 5, 6(1) and (3), 89(4) and 90(7) exercised (28.09.1961) by Road Traffic (Bye-Laws and Temporary Rules) Regulations 1961 (S.I. No. 219 of 1961). These regulations survive under ss. 5, 6(1) and (3), 89(4) and 90(7) and bye-laws continued in effect (6.04.2014) by Taxi Regulation Act 2013 (37/2013), s. 25(18), S.I. No. 163 of 2014.

E763
Previous affecting provision: production of driving licence not required in relation to charge under section by Road Traffic Act 2002 (12/2002), s. 22(1)(a) as substituted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 21, S.I. No. 26 of 2005, and later substituted (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 63, S.I. No. 543 of 2011; section repealed as per F-note above.

E764
Previous affecting provision: offence under section declared to be a fixed charge offence (3.04.2006) by Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006 (S.I. No. 135 of 2006), reg. 4 and sch. 3 part 1 and by Local Authorities (Traffic Wardens) Act 1975 (Fixed Charge Offences) Regulations 2006 (S.I. No. 136 of 2006), reg. 4 and sch. 3 part 1; section repealed as per F-note above.

E765
Previous affecting provision: words in subs. (1) substituted (26.09.2005) by Taxi Regulation Act 2003 (25/2003), s. 47(3), S.I. No. 610 of 2005; superseded as per F-note above.

E766
Previous affecting provision: para. (dd) inserted (26.09.2005) by Taxi Regulation Act 2003 (25/2003), s. 42(10), S.I. No. 610 of 2005; superseded as per F-note above.

E767
Previous affecting provision: application of subs. (10) extended (26.09.2005) by Taxi Regulation Act 2003 (25/2003), s. 47(1) and (2), S.I. No. 610 of 2005; section repealed as per F-note above.

E768
Previous affecting provision: definition in subs. (11) substituted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 29, S.I. No. 26 of 2005; superseded as per F-note above.

E769
Previous affecting provision: section substituted (1.02.2003) by Road Traffic Act 2002 (12/2002), s. 15(1), S.I. No. 598 of 2002; superseded as per F-note above.

E770
Previous affecting provision: power pursuant to section exercised (22.03.1989) by Dublin Appointed Stands (Street Service Vehicles) (Amendment) Bye-Laws 1989 (S.I. No. 41 of 1989); revoked (27.11.2002) by Dublin Appointed Stands (Street Service Vehicles) Bye-Laws 2002 (S.I. No. 546 of 2002), bye-law 10.

E771
Previous affecting provision: powers conferred on Commissioner of the Garda Síochána by section transferred to Dublin Metropolitan Streets Commission (1.06.1987) by Dublin Metropolitan Streets Commission Act 1986 (30/1986), s. 8(2), S.I. No. 67 of 1987. Transfer of functions under 1986 Act terminated (9.04.1987) by Dublin Metropolitan Street Commission Act 1986 (Termination of Transfer of Functions) Order 1987 (S.I. No. 108 of 1987), art. 2, prior to commencement of the section.

E772
Previous affecting provision: powers conferred on the Commissioner of the Garda Síochána by section transferred to Dublin Transport Authority for Authority’s functional area (12.11.1986) by Dublin Transport Authority Act 1986 (15/1986), s. 38(1) subject to transitional provision in subs. (2), S.I. No. 357 of 1986. Dublin Transport Authority Act 1986 repealed and powers transferred back to the Garda Commissioner (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), ss. 13 and 8, commenced as per s. 15(5).

E773
Previous affecting provision: provision made for ministerial approval of bye-laws made under section and prosecution of summary offence under section (12.11.1986) by Dublin Transport Authority Act 1986 (15/1986), ss. 50 and 53(5), S.I. No. 357 of 1986; Act repealed (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), s. 13, commenced as per s. 15(5).

E774
Previous affecting provision: power pursuant to section exercised (1.05.1986) by Dublin Appointed Stands (Street Service Vehicles) Bye-Laws 1986 (S.I. No. 104 of 1986); revoked (27.11.2002) by Dublin Appointed Stands (Street Service Vehicles) Bye-Laws 2002 (S.I. No. 546 of 2002), bye-law 10.

E775
Previous affecting provision: power pursuant to section exercised (25.08.1982) by Waterford Appointed Stands (Street Service Vehicles) Bye-Laws 1982 (S.I. No. 288 of 1982); revoked (6.07.1999) by Waterford Appointed Stands (Street Service Vehicles) Bye-Laws 1999 (S.I. No. 240 of 1999), bye-law 10.

E776
Previous affecting provision: power pursuant to section exercised (2.03.1981) by Waterford Appointed Stands (Street Service Vehicles) Bye-Laws 1979 (S.I. No. 72 of 1981); revoked (25.08.1982) by Waterford Appointed Stands (Street Service Vehicles) Bye-Laws 1982 (S.I. No. 288 of 1982), bye-law 3.

E777
Previous affecting provision: power pursuant to section exercised (19.06.1980) by Galway Appointed Stands (Street Service Vehicles) Bye-laws 1980 (S.I. No. 199 of 1980); revoked (28.08.1986) by Galway Appointed Stands (Street Service Vehicles) Bye-Laws 1986 (S.I. No. 303 of 1986), bye-law 10.

E778
Previous affecting provision: power pursuant to section exercised (19.02.1979) by Dublin Appointed Stands (Street Service Vehicles) Bye-Laws 1979 (S.I. No. 53 of 1979); revoked (1.05.1986) by Dublin Appointed Stands (Street Service Vehicles) Bye-Laws 1986 (S.I. No. 104 of 1986), bye-law 10.

E779
Previous affecting provision: power pursuant to section exercised (11.06.1975) by Dublin Appointed Stands (Street Service Vehicles) Temporary Rules 1975 (S.I. No. 103 of 1975); superseded (19.02.1979) by Dublin Appointed Stands (Street Service Vehicles) Bye-Laws 1979 (S.I. No. 53 of 1979) above.

E780
Previous affecting provision: power pursuant to section exercised (11.06.1974) by Dublin Appointed Stands (Street Service Vehicles) Temporary Rules 1974 (S.I. No. 170 of 1974); superseded (11.06.1975) by Dublin Appointed Stands (Street Service Vehicles) Temporary Rules 1975 (S.I. No. 103 of 1975) above.

E781
Previous affecting provision: power pursuant to section exercised (4.06.1974) by Drogheda Appointed Stands (Street Service Vehicles) Bye-Laws 1973 (S.I. No. 171 of 1974); revoked (22.04.1988) by Drogheda Appointed Stands (Street Service Vehicles) Bye-Laws 1988 (S.I. No. 77 of 1988), bye-law 10 above.

E782
Previous affecting provision: power pursuant to section exercised (11.06.1973) by Dublin Appointed Stands (Street Service Vehicles) Temporary Rules 1973 (S.I. No. 142 of 1973); superseded (11.06.1974) by Dublin Appointed Stands (Street Service Vehicles) Temporary Rules 1974 (S.I. No. 170 of 1974) above.

E783
Previous affecting provision: power pursuant to section exercised (7.01.1971) by Donegal Appointed Stands (Street Service Vehicles) Bye-Laws 1970 (S.I. No. 3 of 1971); revoked (1.07.1986) by Donegal Appointed Stands (Street Service Vehicles) Bye-Laws 1985 (S.I. No. 243 of 1986) above.

E784
Previous affecting provision: subs. (1) amended (1.09.1968) by Road Traffic Act 1968, (25/1968), s. 6 and sch., S.I. No. 169 of 1968. Section amended as per above F-notes.

E785
Previous affecting provision: power pursuant to section exercised (22.05.1967) by Drogheda Appointed Stands (Street Service Vehicles) Bye-Laws 1966 (S.I. No. 132 of 1967); revoked (4.06.1974) by Drogheda Appointed Stands (Street Service Vehicles) Bye-Laws 1973 (S.I. No. 171 of 1974), art. 9 above.

E786
Previous affecting provision: power pursuant to section exercised (27.07.1965) by Dundalk Appointed Stands (Street Service Vehicles) Bye-Laws 1965 (S.I. No. 171 of 1965); superseded (21.05.2005) by Dundalk Appointed Stands (Street Service Vehicles) Bye-Laws 2002 (S.I. No. 293 of 2002) above.

E787
Previous affecting provision: power pursuant to section exercised (7.05.1965) by Galway Appointed Stands (Street Service Vehicles) Bye-Laws 1965 (S.I. No. 109 of 1965); revoked (19.06.1980) by Galway Appointed Stands (Street Service Vehicles) Bye-Laws 1980 (S.I. No. 199 of 1980), bye-law 9 above.

E788
Previous affecting provision: power pursuant to section exercised (30.03.1963) by Dublin Appointed Stands (Street Service Vehicles) Bye-Laws 1963 (S.I. No. 50 of 1963); revoked (19.02.1979) by Dublin Appointed Stands (Street Service Vehicles) Bye-Laws 1979 (S.I. No. 53 of 1979), bye-law 10 above.

Section 85

Stopping places and stands for omnibuses.

F182[85.—(1) A road authority may, by notice in writing, direct, in respect of a route upon which buses are operated, that specified points shall be stopping places at which persons may board or descend from buses or that specified places shall be used as stands for buses.

(2) A road authority may by notice in writing amend or revoke a direction given, or amendment made, by it under this section.

(3) A person operating or proposing to operate a bus service may apply to the road authority in whose functional area the service is being or will be operated for a direction under this section and the authority may, if it so thinks fit, after consultation with the person, give a direction specifying such points for stopping places, and places for stands, for buses as it considers appropriate.

(4) A notice under this section may direct that—

(a) one or more of the stopping places specified in the notice shall be used only for boarding buses or, as the case may be, only for descending from buses, or

(b) one or more of the stopping places so specified, or one or more of the stands so specified, shall be used only by buses providing a service or services operated by a specified person or by specified persons.

(5) A notice under this section—

(a) shall be given or sent by post to the person who is operating the bus service to which it relates, and

(b) shall specify the date on which it comes into operation,

and the notice shall come into operation on the date so specified.

(6) A certificate purporting to be signed by an officer of a road authority and stating that a notice under this section in specified terms was in force on a specified day or during a specified period shall, without proof of the signature of the person purporting to sign the certificate or that he or she was such an officer, be evidence in any legal proceedings until the contrary is shown that a notice under this section in the specified terms was given or sent by post to the person named in it and that it was in force on the specified day or during the specified period.

(7) In this section—

“bus” means omnibus;

“road authority” has the meaning assigned to it by the Roads Act, 1993.]

Annotations

Amendments:

F182
Substituted (1.02.2013) by Road Traffic Act 2002 (12/2002), s. 16(1), subject to transitional provision in subs. (2), S.I. No. 12 of 2013.

Editorial Notes:

E789
Previous affecting provision: powers conferred on Commissioner of the Garda Síochána by section transferred to Dublin Metropolitan Streets Commission and construction of section modified (1.06.1987) by Dublin Metropolitan Streets Commission Act 1986 (30/1986), s. 8(2) and (8), S.I. No. 67 of 1987. Transfer of functions under 1986 Act terminated (9.04.1987) by Dublin Metropolitan Street Commission Act 1986 (Termination of Transfer of Functions) Order 1987 (S.I. No. 108 of 1987), art. 2 prior to commencement of the section.

E790
Previous affecting provision: powers conferred on the Commissioner of the Garda Síochána by section transferred to Dublin Transport Authority for Authority’s functional area (12.11.1986) by Dublin Transport Authority Act 1986 (15/1986), s. 37(1) subject to transitional provision in subs. (2), S.I. No. 357 of 1986. Dublin Transport Authority Act 1986 repealed and powers transferred back to the Garda Commissioner (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), ss. 13 and 8, commenced as per s. 15(5).

Section 86

Bye-laws with respect to stopping places and stands for omnibuses.

86.—F183[…]

Annotations

Amendments:

F183
Repealed (10.01.2013) by Road Traffic Act 2002 (12/2002), s. 25(2), S.I. No. 12 of 2013.

Modifications (not altering text):

Editorial Notes:

E791
Previous affecting provision: power pursuant to section and s. 95 exercised (1.10.2012, 1.05.2013 and 1.10.2013) by Road Traffic (Signs) (Amendment) Regulations 2012 (S.I. No. 331 of 2012).

E792
Previous affecting provision: offence under section declared to be a fixed charge offence (3.04.2006) by Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006 (S.I. No. 135 of 2006), reg. 4 and sch. 3 part 1 and by Local Authorities (Traffic Wardens) Act 1975 (Fixed Charge Offences) Regulations 2006 (S.I. No. 136 of 2006), reg. 4 and sch. 3 part 1.

E793
Previous affecting provision: power pursuant to section and ss. 5 and 95 exercised (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997).

E794
Previous affecting provision: power pursuant to section and s. 88 exercised (20.07.1962) by Omnibus (Stopping Places and Stands) General Bye-Laws 1962 (S.I. No. 122 of 1962).

E795
Previous affecting provision: power pursuant to section exercised (12.07.1962) by Omnibus (Stopping Places and Stands) General Bye-Laws 1962 (S.I. No. 122 of 1962).

E796
Previous affective provision: subss. (2)-(4), (6) amended and subs. (5) substituted by Road Traffic Act 1968, (25/1968), s. 58, not commenced. Section repealed as per above F-note.

E797
Previous affecting provision: power pursuant to to this section, ss. 5 and 95 exercised (14.10.1966) by Road Traffic (Signs) (Amendment) Regulations 1966 (S.I. No. 233 of 1966); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

E798
Previous affecting provision: power pursuant to this section, ss. 5, 95 and 96 exercised (15.10.1962) by Road Traffic (Signs) Regulations 1962 (S.I. No. 171 of 1962); revoked (1.10.1997) by Road Traffic (Signs) Regulations 1997 (S.I. No. 181 of 1997), reg. 4 and sch. 10.

Section 87

Property left in public service vehicle.

87.—(1) The Commissioner may, in respect of any area and in respect of all public service vehicles or any class of public service vehicles, make bye-laws for all or any of the following purposes:

(a) requiring the owners, drivers and conductors of public service vehicles to deposit in an appointed place within a specified time property left in the vehicles by passengers therein;

(b) providing for the safe custody of such property and the re-delivery of such property to the owners thereof;

(c) providing for the disposal of all such property which is not re-delivered to the owners thereof and, in particular, making special provision in regard to property which is a live animal or is of a perishable or offensive character;

(d) authorising the charging of fees for re-deliveries;

(e) providing, with the consent of the Minister for Finance, for the disposition of fees, proceeds of sale and other moneys received by the Commissioner in respect of such property, including the payment out of those moneys of rewards to persons depositing property in pursuance of this section.

(2) Bye-laws shall not be made under this section save where the Commissioner is of opinion that, as respects the area and vehicles to which the bye-laws relate, satisfactory provision has not been made for the safe custody, re-delivery and disposal of property left in the vehicles by passengers.

(3) A person who contravenes a bye-law under this section shall be guilty of an offence.

(4) The Commissioner shall cause to be established and kept registers of lost property deposited under this section.

(5) A register kept in pursuance of this section shall be in such form and in respect of such area as the Commissioner directs, and there shall be entered therein all such matters as he directs.

(6) A register kept in pursuance of this section shall be received in evidence without further proof in any legal proceedings on being produced as such register by an officer of the Garda Síochána.

(7) A document purporting to be a copy of an entry in a register kept in pursuance of this section and purporting to be certified by an officer of the Garda Síochána to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is shown, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.

(8) A register kept in pursuance of this section shall at all reasonable times be open to inspection by any person on payment of F184[the prescribed fee].

(9) A person shall be entitled to obtain from the Commissioner a copy, certified in writing by an officer of the Garda Síochána to be a true copy, of any entry in any register kept in pursuance of this section on payment therefor of F184[the prescribed fee].

Annotations

Amendments:

F184
Substituted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

Modifications (not altering text):

C61
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

…

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

…

Schedule 1

Enactments

…

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

…

…

…

No. 24 of 1961

Road Traffic Act 1961

Sections 9, 87(1)(e), 101(11) and (12) and 120(2)

…

…

…

Editorial Notes:

E799
Power pursuant to section exercised (23.04.2010) by Small Public Service Vehicles (Dublin) (Lost Property) Bye-laws 2010 (S.I. No. 175 of 2010).

E800
Previous affecting provision: power pursuant to section exercised (30.11.1983) by Street Service Vehicles (Dublin) (Lost Property) Bye-Laws 1983 (S.I. No. 365 of 1983); revoked (23.04.2010) with transitional provisions by Small Public Service Vehicles (Dublin) (Lost Property) Bye-laws 2010 (S.I. No. 175 of 2010), bye-law 5.

E801
Previous affecting provision: power pursuant to section exercised (9.03.1968) by Street Service Vehicles (Dublin) (Lost Property (Amendment) Bye-Laws 1968 (S.I. No. 63 of 1968); revoked (30.11.1983) by Street Service Vehicles (Dublin) (Lost Property) Bye-Laws 1983 (S.I. No. 365 of 1983), bye-law 3.

E802
Previous affecting provision: power pursuant to section exercised (18.02.1963) by Street Service Vehicles (Dublin) (Lost Property) Bye-Laws 1963 (S.I. No. 32 of 1963); revoked (30.11.1983) by Street Service Vehicles (Dublin) (Lost Property) Bye-Laws 1983 (S.I. No. 365 of 1983), bye-law 3.

ROAD TRAFFIC ACT 1968

PART VII

Public Service Vehicles

Section 56

Penalty for damaging public service vehicle.

56.—(1) A person who wilfully or maliciously commits any damage or injury to a public service vehicle shall be guilty of an offence and on summary conviction thereof may, in addition to any penalty which may be imposed under section 102 of the Principal Act or under the Dublin Transport Authority Act, 1986, be ordered by the court by which he is so convicted to pay to the owner of the vehicle such sum (being a sum which, when added to the penalty hereinbefore mentioned, does not produce a gross sum in excess of £1,000) as the court shall fix as compensation for the damage or injury and for the loss of the time of the owner and of the driver and conductor of the vehicle or of any of them (as the case may require) in attending the court:

Provided that nothing in this section shall prevent a person from instituting civil proceedings for the recovery of damages in excess of the above-mentioned sum of £1,000.

(2) Whenever a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence under this section the member may demand of such person his name and address and may, if such person refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading, arrest such person without warrant.

Annotations

Editorial Notes:

E115
Previous affecting provision: section repealed by Dublin Transport Authority Act 1986 (15/1986), s. 31(10), not commenced; 1986 Act repealed (1.01.1988) by Dublin Transport Authority (Dissolution) Act 1987 (34/1987), s. 13, commenced on enactment.

Section 57

Amendment of section 82 of Principal Act.

57.—Section 82 of the Principal Act is hereby amended—

(a) by the insertion after “granted” in subsection (2) (c) of “or applied for”, and

(b) by the insertion after subsection (8) of the following subsection:

“(9) Whenever a member of the Garda Síochána has reasonable grounds for believing that a person pointed out to him by the owner, driver or conductor of a public service vehicle has refused or omitted to pay to the owner, driver or conductor any sum payable by that person to that owner, driver or conductor for the hire of the vehicle or the fare for that person’s carriage in that vehicle, the member may, if that person refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading, arrest that person without warrant.”

Section 58

Transfer to Minister of functions of Commissioner of Garda Síochána under section 86 of Principal Act.

58.—Section 86 of the Principal Act is hereby amended—

(a) by the substitution for “The Commissioner may, with the consent of the Minister, make bye-laws” in subsection (2) of “The Minister may make regulations”,

(b) by the substitution of “regulations” for “bye-laws” in subsection (3),

(c) by the substitution of “regulation” for “bye-law” in subsections (4) and (6), and

(d) by the substitution of the following subsection for subsection (5):

“(5) Where a person uses a mechanically propelled vehicle other than an omnibus in contravention of a regulation under this section, each of the following persons shall be guilty of an offence:

(a) the registered owner of the vehicle,

(b) if the vehicle is the subject of a hire-drive agreement on the occasion in question, the hirer under the agreement, and

(c) if the person using the vehicle on the occasion in question is not the registered owner or the hirer under a hire-drive agreement, the person so using the vehicle.”

Rules of the Superion Courts

Taxi Regulation Act 2003