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25 2003

Taxi Regulation Act 2003

PART 3

Small Public Service Vehicle Regulation

Commencement, Part 3.

33. —This Part comes into operation on such day or days as the Minister may appoint by order either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

Regulation of small public service vehicles and their drivers.

34. —(1) The Commission may make regulations in relation to the licensing, ownership, control and operation of small public service vehicles, the licensing and control of small public service vehicle drivers, and the standards to be applied to such vehicles and their drivers.

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1) make provision in relation to—

(a) licences in respect of small public service vehicles,

(b) the categories of small public service vehicles in respect of which licences may be granted,

(c) licences in respect of the drivers of small public service vehicles and the categories of small public service vehicles they may drive for hire,

(d) the persons (including the Commission) who may grant licences,

(e) applications for or matters relating to licences including the following—

(i)  the terms or conditions relating to the grant of a licence,

(ii)  the manner and form of an application for the grant of a licence,

(iii) the fees to be paid in respect of the grant of a licence or badges or plates or signs relating to a licence,

(iv) the format and content of a licence,

(v)  the inspection and certification of a vehicle that is the subject of an application for a licence,

(vi) the age of a vehicle that is the subject of an application for a licence,

(vii) the insurance of a vehicle that is the subject of an application for a licence,

(viii) the period of validity of a licence,

(ix) the revocation and suspension of a licence,

(f) the operation of a small public service vehicle, including any or all of the following matters—

(i)  the vehicle standards to be complied with, including standards in relation to the entry to and accommodation in the vehicle for people with a disability, including wheelchair users or persons with mobility and sensory difficulties,

(ii)  the size of a vehicle including the passenger carrying and luggage carrying capacity of the vehicle,

(iii) the identification, including the internal and external signage or colour of a vehicle,

(iv) advertising in or on the vehicle,

(v)  the conditions or restrictions, if any, to be applied to the transfer of a licence to another person or to another vehicle,

(vi) the conditions subject to which the vehicle may be operated as a small public service vehicle,

(vii) the use of taximeters, machines for issuing receipts and other apparatus,

(viii) the keeping of records in relation to the operation of the vehicle as a small public service vehicle,

(ix) the information that must be displayed, and the manner of such display, in relation to the licence granted in respect of the vehicle, including where appropriate the approved maximum fare structure applying to the vehicle,

(x) the insurance of the vehicle,

(xi) the display, and manner of such display, of information necessary for the assistance of a passenger, including information relating to the requirements established for the conduct of drivers of small public service vehicles and requirements established for the conduct of hirers and other passengers,

(xii) requirements relating to the fitting or non-fitting of equipment in the vehicle and the operation of such equipment,

(g) the inspection of small public service vehicles,

(h) powers of authorised persons in addition to those under section 49 .

(3) In making regulations under this section, the Commission may establish requirements and conditions for the purpose of the assessment of applicants for the grant of licences, including requirements and conditions in respect of—

(a) the fitness of a person to hold a licence having regard to an assessment carried out by the Garda Commissioner or on behalf of the Commission.

(b) requirements relating to the knowledge of the geography, routes, place names and other matters relevant to the provision of service by a small public service vehicle in an area in respect of which a person makes application for the grant of a licence,

(c) the knowledge of and ability to meet the needs of people with disabilities including mobility and sensory difficulties to a standard determined by the Commission in consultation with the National Disability Authority,

(d) knowledge of and ability to meet the needs of consumers,

(e) knowledge of the regulations, standards and requirements relating to the licensing, driving and operation of small public service vehicles, and the general law relating to road traffic,

(f) the health of the applicant.

(4) The Commission may, for the purpose of assessing applications for the grant of a licence, authorise or approve persons for the purpose of determining that a person who wishes to apply for the grant of a licence complies with or has reached an acceptable level of competence in respect of each or any of the standards established under this section.

(5) Any regulation made under this section relating to the licensing of drivers of small public service vehicles shall be made only after consultation with the Garda Commissioner and the Council.

(6) The Commission may, after consultation with the Garda Commissioner and the Council make regulations for the purpose of specifying conditions and requirements for drivers of small public service vehicles in respect of any or all of the following—

(a) the identification of drivers including internal and external vehicle signage, badges or any other means that may be specified,

(b) the dress code of drivers,

(c) availability for work and scheduling of persons as drivers.

(7) In making regulations under this section, the Commission may set different and separate requirements and conditions in relation to the licencing of drivers of different categories of small public service vehicle.

(8) The Commission, in making regulations under this section, may set different requirements and conditions in relation to—

(a) the licensing and operation of different categories of small public service vehicles and their drivers,

(b) for different circumstances, and

(c) for different areas.

(9) In making a regulation under this section the Commission may, with the consent of the Minister amend or revoke any regulation made under section 82 of the Act of 1961 in so far as it relates to small public service vehicles and their drivers.

(10) A person who fails to comply with or contravenes a regulation under this section is guilty of an offence.

Appeal against refusal to grant, suspension or revocation of, licence.

35. —(1) Whenever a licensing authority proposes to refuse to grant a licence or proposes to suspend or revoke a licence, it shall notify in writing the applicant or the holder, as the case may be, of the proposal and the reasons for the refusal, suspension or revocation and shall, if any representations are made by or on behalf of the applicant within 14 days after the date of the notification, consider the representations.

(2) Whenever the licensing authority having considered the representations (if any) that may have been made by or on behalf of the applicant, decides, as the case may be, to refuse to grant the licence or revoke or suspend the licence, the licensing authority shall notify in writing the applicant of its decision and of the appeal procedure under subsection (3).

(3) Where an applicant for a licence has been notified under subsection (2) of the decision of the licensing authority, as the case may be, to refuse to grant the licence or to revoke or suspend the licence, the applicant may, within 14 days after the date of the notification, appeal to the District Court against the refusal.

(4) Where the decision under subsection (2) is to suspend or revoke a licence and the holder of the licence has made an appeal under subsection (3) against the decision, the decision stands suspended until the appeal has been determined or withdrawn.

(5) An appeal under subsection (3) shall be to the judge of the District Court within whose jurisdiction the applicant or the holder ordinarily carries on or proposes to carry on the business of providing small public service vehicle services.

(6) On the hearing of an appeal under subsection (3) in relation to the decision of the licensing authority under subsection (2), the Court may either confirm the decision or allow the appeal. If the appeal is allowed in relation to a decision to refuse to grant a licence the licensing authority shall, upon notification to it by the Court, grant the licence.

(7) The decision of the District Court on an appeal under subsection (3) is final except by leave of the Court, an appeal on a specified point of law lies to the High Court.

(8) 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.

Mandatory disqualification for holding licence on conviction of certain offences.

36. —(1) Where a person being the applicant for or the holder of a licence is convicted of any of the following offences, namely—

(a) murder,

(b) manslaughter,

(c) an offence—

(i) under the Non-Fatal Offences against the Person Act 1997 (other than section 2 or 3), or

(ii) on—

(I) conviction on indictment, under section 2 or 3 of that Act, or

(II) summary conviction, under section 2 or 3 of that Act where the individual assaulted was at the time of the offence or at a material time before it a fare paying passenger in a small public service vehicle being driven by the person, other than where the individual assaulted contributed, in the opinion of the Commission, in a material way to the assault or is convicted of an offence under either of those sections for assaulting the person,

(d) a sexual offence (within the meaning of section 3 of the Sex Offenders Act 2001 ),

(e) a drug trafficking offence (within the meaning of section 3 of the Criminal Justice Act 1994 ),

(f) an offence relating to money laundering under Part IV of the Criminal Justice Act 1994 ,

(g) an offence under the Criminal Justice (Theft and Fraud Offences) Act 2001 ,

(h) an offence under section 2 of the Illegal Immigrants (Trafficking) Act 2000 , or

(i) an offence under the Firearms and Offensive Weapons Acts 1925 to 1990,

the person—

(i) in the case of being convicted summarily where a fine only is imposed by the Court, is disqualified for the period of 12 months,

(ii) in any other case, subject to subsection (2), is disqualified,

for holding a licence and, accordingly, where the person is the holder of a licence, the licence stands revoked.

(2) Subject to subsection (3), after the period of—

(a) 2 years in the case of being convicted summarily, where a term of imprisonment is imposed by the Court, with or without a fine,

(b) 5 years in the case of being convicted on indictment, where a fine or a term of imprisonment of less than 10 years or both is imposed by the Court, or

(c) 10 years in the case of being convicted on indictment, where a term of imprisonment of 10 or more years is imposed by the Court with or without a fine,

of an offence referred to in subsection (1), the person may apply—

(i) where the offence has been tried summarily, to the judge of the District Court in whose District Court District, or

(ii) where the offence has been tried on indictment, to the judge of the Circuit Court in whose Circuit,

the person resides, to be allowed to apply for a licence under such terms or conditions as the Court may direct.

(3) Notwithstanding section 33 , where a person has been convicted of an offence referred to in subsection (1) before the commencement of that subsection, and the relevant period referred to in subsection (2) for making an application under subsection (2) has elapsed before the commencement of subsection (1) and (2), he or she may make an application under subsection (2) before the commencement of that subsection.

(4) A person shall not make an application under subsection (2) where he or she is serving a term of imprisonment.

(5) Where a person being the applicant for or the holder of a licence to drive a small public service vehicle is convicted, after the commencement of this subsection, of any of the following offences under the Act of 1961, namely—

(a) on conviction on indictment, dangerous driving under section 53,

(b) driving a vehicle while under the influence of an intoxicant under section 49 (inserted by section 10 of the Act of 1994), or

(c) being in charge of a vehicle while under the influence of an intoxicant under section 50 (inserted by section 11 of the Act of 1994),

the person is disqualified for holding a licence to drive a small public service vehicle for the period of any disqualification for holding a driving licence resulting from conviction for the offence under the Act of 1961 and—

(i) in the case of a conviction mentioned in paragraph (a), the period of 5 years, or

(ii) in the case of a conviction mentioned in paragraph (b) or (c), the period of 2 years,

following the end of the first-mentioned period, and, accordingly, where the person is the holder of a licence to drive a small public service vehicle, the licence stands revoked.

(6) A person who is disqualified under this section for holding a licence and who—

(a) carries or attempts to carry a passenger for reward or stands or plys for hire in a small public service vehicle, or

(b) operates or controls any business or activity relating to the provision of small public service vehicle services,

is guilty of an offence.

Tax clearance certification requirements for licence applicants.

37. —(1) A licence shall not be granted by a licensing authority unless the applicant produces to the licensing authority, a tax clearance certificate issued under section 1095 (inserted by section 127 of the Finance Act 2002 ) of the Taxes Consolidation Act 1997 .

(2) The Commission may, with the consent of the Minister for Finance, make regulations for the purpose of specifying particular conditions or requirements for applicants for licences in relation to taxation obligations.

Register of licences.

38. —(1) The Commission shall establish and maintain a register or a number of registers (“register of licences”) relating to licences granted under this Part.

(2) A register of licences may be maintained in a form that is not legible if it is capable of being converted into permanent legible form.

(3) A register shall contain the following details in relation to licences and their holders—

(a) the name and address of the holder,

(b) any change of address of the holder,

(c) the licence number,

(d) where the licence is granted in respect of a vehicle, the unique identification mark (registration number) of the said vehicle,

(e) the driver number of the holder of a licence, that is to say the number of the driving licence granted to the holder,

(f) the category of small public service vehicle in respect of which a licence has been granted,

(g) the date of the grant of a licence,

(h) the area of application in respect of which the licence has been granted, where appropriate,

(i) details of any transfer of ownership of a licence or of the continuance in force of a licence in respect of a different vehicle,

(j) details of any suspension applying to a licence, including the period of the suspension, a reference to the reason for the suspension and particulars of all removals of such suspensions,

(k) details of the revocation of a licence and the reasons for the revocation.

(4) (a) Pending the establishment of registers under this section, registers currently held by local authorities and the Garda Síochána under regulations made under section 82 of the Act of 1961 shall continue and shall be regarded as registers for the purpose of this section.

(b) The Commission shall arrange for the transfer of information from the registers held by the Garda Síochána and local authorities referred to at paragraph (a), to the registers to be established under this section in consultation with them.

(5) Information contained in a register of licences shall, subject to a determination by the Commission in consultation with the Garda Commissioner, that certain information relating to a person referred to in the register should remain confidential, be available for inspection at all reasonable times.

(6) The Commission shall, on payment of a fee (other than where a request is made by the Garda Commissioner or by the Courts Service) as determined by the Commission in consultation with the Minister, issue a certificate relating to information contained in a reference in a register of licences relating to a licence granted under regulations made under section 34 or regulations made under section 82 of the Act of 1961, including the name and address of the person who holds the licence or the vehicle in respect of which the licence was granted.

(7) The establishment and maintenance of a register of licences shall be funded from income derived from fees accruing to the Commission under this Act.

Conduct and duties of drivers of small public service vehicles.

39. —(1) The Commission may, subject to any Ministerial directions, make regulations in relation to the conduct, general behaviour, deportment and the duties of drivers of small public service vehicles.

(2) Without prejudice to the generality of subsection (1), the Commission may make regulations for the purpose of setting requirements in respect of any or all of the following matters—

(a) the operation of any equipment fitted in a small public service vehicle for the purpose of facilitating a hire,

(b) the treatment of and conduct towards passengers or intending passengers,

(c) the acceptance of a hire,

(d) compliance with the stated requirements of the person who has hired the vehicle, where such requirements are reasonable,

(e) the recording of agreed fares prior to the commencement of a hire,

(f) the display, on the driver of or in the small public service vehicle or both, of information relating to the licence in respect of a small public service vehicle held by the driver of the vehicle,

(g) the issue of receipts,

(h) the determination of and adherence with the shortest route between the commencement and completion of a hire,

(i) the facilitation of the needs of any person with mobility, sensory or other difficulties in the provision and reception of a hire.

(3) Different requirements may be created under this section—

(a) in respect of different categories of small public service vehicles,

(b) for different circumstances, and

(c) for different areas or different taximeter areas.

(4) A driver of a small public service vehicle who fails to comply with or contravenes a regulation made under this section is guilty of an offence.

(5) The driver of a small public service vehicle in respect of which a fare has been agreed in advance of the commencement of the hire, who charges or seeks to charge a fare that is greater than the agreed fare is guilty of an offence.

Regulation of passengers in small public service vehicles.

40. —(1) A passenger or intending passenger in a small public service vehicle shall comply with any reasonable request made to him or her by a driver of a small public service vehicle.

(2) A passenger or intending passenger in a small public service vehicle shall not—

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

(b) spit in or on or deliberately soil any part of the vehicle,

(c) deliberately leave any syringe (within the meaning of the Non-Fatal Offences against the Person Act 1997 ) or sharp instrument in any part of the vehicle,

(d) carry into such vehicle an animal (other than a guide dog in the company of a visually impaired passenger or, subject to any requirements of regulations under section 34 , a domestic animal in need of urgent veterinary attention) save with the express permission of the driver, which permission may be withdrawn at any time.

(3) A person, or where prior arrangements in relation to payment have been made with another party, that party, who has hired a small public service vehicle shall pay the fare agreed in advance for the hire or, where the maximum fare for the hire is the subject of a maximum fares order, the fare determined in accordance with that order.

(4) A passenger or an intending passenger of a small public service vehicle who contravenes subsection (2) is guilty of an offence.

(5) A person who hires a small public service vehicle and who, without reasonable excuse, does not comply with subsection (3) is guilty of an offence.

Taximeter areas.

41. —(1) The Commission may—

(a) declare any area to be a taximeter area in which a taxi may operate for the carriage of a passenger for reward within the area, and

(b) extend or otherwise alter the boundary of a taximeter area.

(2) Before making a declaration under subsection (1), the Commission shall—

(a) consult with the Council, the Garda Commissioner and the local authority in whose functional area the taximeter area is located,

(b) publish a notice in one or more newspapers circulating in the area to be declared to be a taximeter area or where an existing taximeter area is to be extended or otherwise altered—

(i) indicating that it is proposed to make such a declaration, and

(ii) stating that representations in relation to the proposed declaration may be made in writing to the Commission within a period of one month from the publication of the notice,

(c) consider any observations made by the Council or the Garda Commissioner or a local authority under paragraph (a) and any representations made subsequent to the publication of the notice referred to in paragraph (b).

(3) An area declared before the commencement of this section to be a taximeter area under article 7(1) of the Regulations of 1995, or regarded to be a taximeter area under article 7(3) of the Regulations of 1995, is deemed to be a taximeter area for the purpose of this section and may be extended or altered by the Commission in accordance with this section.

(4) A licensing authority (within the meaning of the Regulations of 1995) shall not, upon the commencement of this section, declare, extend or alter a taximeter area under the Regulations of 1995.

Maximum fares.

42. —(1) The Commission may make an order (“maximum fares order”) fixing the maximum fares in respect of any taximeter area that may be charged by the driver of a taxi.

(2) In this section—

“shared hire” means a hire which is engaged jointly by more than one person at the same time, not necessarily terminating at the same location, from an appointed stand which has been designated for shared hire purposes by a local authority;

“single hire” means a hire which is engaged by one person on that persons sole behalf or on behalf of that person and additional persons.

(3) Different maximum fares may be fixed under this section—

(a) in respect of hires engaged on a single hire basis and on a shared hire basis,

(b) for different circumstances or times, and

(c) for different taximeter areas.

(4) Before fixing maximum fares under this section the Commission shall—

(a) consult with—

(i) any local authority within whose functional area the taximeter area exists,

(ii) the Council,

(iii) the Legal Metrology Service,

(b) publish a notice in one or more newspapers circulating in the taximeter area—

(i) indicating that it is proposed to exercise the function, and

(ii) stating that representations in relation to the proposal may be made in writing to the Commission before a specified date (which shall be not less than one month after the publication of the notice), and

(c) consider any observations made by the Council, the Legal Metrology Service, any local authority consulted under paragraph (a) and any representations made pursuant to paragraph (b).

(5) Where maximum fares are fixed under this section by the Commission, details of the fares fixed shall be published by the Commission in one or more newspapers circulating in the taximeter areas in respect of which the maximum fares have been fixed.

(6) The Commission may amend or revoke a maximum fares order.

(7) An officer of the Commission may issue a certificate that on a specified day specified fares were the maximum fares fixed for a taxi in respect of a particular taximeter area.

(8) A certificate purporting to be issued under subsection (7) that on a specified day a specified fare was the maximum fare fixed for a taxi in a particular taximeter area shall, without proof of the signature of the person purporting to sign it or that he or she was the proper person to issue it, be evidence until the contrary is shown of the matters certified in the certificate.

(9) Any maximum fares fixed for particular taximeter areas in accordance with article 27 of the Regulations of 1995 and in force immediately before the commencement of this section shall, after such commencement, continue in force as if fixed under this section and may be amended or revoked accordingly.

(10) Section 84 (inserted by section 15(1) of the Act of 2002) of the Act of 1961 is amended by inserting after subsection (1)(d) the following:

“(dd) designating appointed stands for the purpose of shared hire,”.

(11) The driver of a taxi who charges or attempts to charge a fare for a hire, in respect of a journey in a taximeter area to which a maximum fares order applies, that is greater than the maximum fare that may be calculated in accordance with the order is guilty of an offence.

Prohibition on providing taxi or hackney, etc., service without licence.

43. —(1) A person shall not drive or use a mechanically propelled vehicle in a public place (within the meaning of the Act of 1961) for the carriage of persons for reward unless the person holds a licence to drive a small public service vehicle and there is a small public service vehicle licence in force in respect of the vehicle.

(2) A person who contravenes this section is guilty of an offence.

(3) In this section—

“small public service vehicle licence” means a licence, in respect of a small public service vehicle, granted under regulations made under section 34 of this Act or section 82 of the Act of 1961;

“use” includes the stopping, parking of a mechanically propelled vehicle or the vehicle standing for hire at an appointed stand.

Penalties.

44. —(1) A person guilty of an offence under section 42 (11) or 43 is liable on summary conviction—

(a) other than for an offence referred to in paragraph (b), to a fine not exceeding €3,000, and

(b) in the case of a third or subsequent offence which is the third or subsequent offence in any period of 12 consecutive months, to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 3 months or to both.

(2) A person guilty of an offence under section 34(10), 39(4) or (5), 40(4) or (5), 48(5) or 49(6) is liable on summary conviction to a fine not exceeding €1,500.

(3) Where the holder of a small public service vehicle driver's licence is convicted of an offence under this Part or section 82 of the Act of 1961 which in the opinion of the Court makes the holder unfit to hold the licence, the Court may revoke or suspend, for such period as it sees fit, the licence.

(4) Where a licence is suspended or revoked under subsection (3) and the person who held the licence carries or attempts to carry a person for reward or stands or plys for hire in a small public service vehicle, he or she is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 3 months or to both.

(5) A person guilty of an offence under section 36 (6) is liable—

(a) on summary conviction, to a fine not exceeding €3,000 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 3 years or to both.

Prosecution of summary offences.

45. —Proceedings for an offence under this Part, or under section 82(6) of the Act of 1961 in respect of small public service vehicles, may be brought and prosecuted summarily by—

(a) the Commission,

(b) an authorised person (including a member of the Garda Síochána),

(c) a licensing authority and where a licensing authority is a local authority, by the local authority in whose functional area the offence was committed.

Fixed charges offences.

46. —(1) Where an authorised person has reasonable grounds for believing that a person is committing or has committed a contravention of—

(a) regulations made by the Commission under section 34 , or

(b) regulations made under section 82 of the Act of 1961 in relation to small public service vehicles,

declared by the Commission by regulations to be a fixed charge offence, he or she may serve personally or by post on the person a notice in the prescribed form stating that—

(i) the person is alleged to have committed the offence,

(ii) the person may during the period of 28 days beginning on the date of the notice make to the Commission at the address specified in the notice a payment of the prescribed amount accompanied by the notice, and

(iii) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, 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 Commission at the address specified in the notice the payment specified in the notice accompanied by the notice;

(b) the Commission 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 shall not be instituted during the period specified in the notice, and if the payment so specified is made during the period, no prosecution in respect of the alleged offence shall be instituted.

(3) In a prosecution for an offence under section 34 (10) or under section 82(6) of the Act of 1961 the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant.

(4) Regulations under subsection (1) prescribing an amount for a fixed charge offence may prescribe different fixed charge amounts in relation to different contraventions and to such contraventions involving different categories of small public service vehicle and to such contraventions committed in different areas.

(5) Regulations under this section shall not be made by the Commission without the consent of the Minister.

(6) The Commission may make regulations for prescribing any matter referred to in this section as prescribed or to be prescribed.

(7) Income generated by the payment of prescribed fixed charge amounts under this section shall be disposed of in a manner determined by the Commission with the agreement of the Minister and the Minister for Finance.

(8) In this section—

“contravention” in relation to regulations, means a contravention of or a failure to comply with the regulations;

“prescribed” means prescribed by regulations made by the Commission.

Guidelines.

47. —(1) The Commission may draw up and issue guidelines to a licensing authority which is not the Commission in relation to the licensing and operation of small public service vehicles and their drivers. A licensing authority shall have due regard to any guidelines issued.

(2) Guidelines drawn up by the Minister under section 84(10) (inserted by section 15 of the Act of 2002) of the Act of 1961 are deemed to be guidelines drawn up and issued by the Commission under this section.

(3) Section 84 (inserted by section 15 of the Act of 2002) of the Act of 1961 is amended in subsection (10) by substituting “The Commission for Taxi Regulation” for “The Minister”.

Service certification.

48. —(1) The Commission may establish or provide for the establishment of schemes for the recognition of quality service (“quality service certification”) by persons or commercial concerns that provide services for the support of the operation of small public service vehicles.

(2) The Commission shall determine both the content and design of a notice containing details of the award of a quality service certification, and provisions in relation to the display of the said notice by a person or commercial concern determined to be a quality service provider.

(3) In determining, or arranging for the certification of, requirements and performance criteria for quality service under this section, the Commission shall consult with—

(a) the Council,

(b) the Garda Commissioner,

(c) any other body that the Commission considers may be of assistance in formulating such requirements and performance criteria.

(4) Certification as a quality service provider under this section may be awarded or removed by the Commission having regard to performance indicators over specified periods of time.

(5) A person or a commercial concern who claims to have been awarded certification as a quality service provider under this section or who displays a notice as such notwithstanding where no such certification has been awarded to the person under this section is guilty of an offence.

(6) In this section “quality service” means a service that meets specified requirements and performance criteria determined by the Commission or by another person on behalf of the Commission.

Authorised persons.

49. —(1) The Commission may, after consultation with the Garda Commissioner, appoint in writing such and so many persons as it may determine to perform the functions conferred on authorised persons under this Part.

(2) The Commission may revoke an appointment under subsection (1).

(3) The number of authorised persons standing appointed under subsection (1) and their remuneration and other conditions of service shall be such as may be determined by the Commission with the consent of the Minister and the Minister for Finance.

(4) A person appointed as an authorised person under subsection (1), shall, on his or her appointment, be furnished by the Commission 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 the person for inspection.

(5) For the purposes of ensuring that the holders of licences are complying with any regulations or requirements made under this Part with respect to licences granted under this Part or section 82 of the Act of 1961, an authorised person may—

(a) at any reasonable time, enter the premises or place where any activity connected with the provision of small public service vehicle services takes place, and search and inspect the premises and any licences or documents found there,

(b) in the presence of a member of the Garda Síochána in uniform, stop and search any small public service vehicle and any licence or documents found in the vehicle,

(c) secure for future inspection any premises, place or vehicles in which licences or documents relating to the provision of small public service vehicle services are kept or there are reasonable grounds for believing that such are kept,

(d) require a person in charge of the premises or the driver of the vehicle to produce any licence or documents 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 Part,

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

(f) remove and retain such licences or documents for such reasonable period for future inspection,

(g) take photographs or make any record or visual recording of any activity on the premises or place or of the vehicle.

(6) A person who—

(a) obstructs or impedes an authorised person exercising a function of an authorised person under this section or a regulation made under section 34 or under section 82 of the Act of 1961,

(b) fails to comply with a requirement of an authorised person under this section or such regulations, or

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

is guilty of an offence.

(7) In this Part “authorised person” means a person appointed by the Commission to be an authorised person for the purposes of this Part, or a member of the Garda Síochána.

Fees.

50. —(1) The fees set by the Commission under this Part in respect of the licensing of small public service vehicles and the drivers of small public service vehicles, the award of quality service certification and the issue of certificates relating to registers of licences shall, subject to this section, accrue to the Commission.

(2) Income from fees received by the Commission shall be applied for the purpose of—

(a) meeting the expenses properly incurred by the Commission in the discharge of its functions under this Act, and

(b) where appropriate, to support the funding or part funding of the development or provision of infrastructure referred to in section 11 .

(3) Where licensing authorities, other than the Commission, are engaged in the licensing of small public service vehicles or the drivers of small public service vehicles on behalf of the Commission, the Commission, with the agreement of the Minister and the Minister for Finance shall determine a percentage of the fee income generated by the licensing authority that shall be retained by it.

(4) Income generated by the payments referred to in subsection (1) that is surplus to the income necessary to meet the demands established in subsection (2), shall be disposed of in a manner determined by the Commission with the agreement of the Minister and the Minister for Finance.

Complaints procedure.

51. —(1) The Commission shall set up a procedure to consider complaints from members of the public and users and intending users of small public service vehicles in respect of—

(a) the condition and cleanliness,

(b) the conduct and behaviour of a driver,

(c) overcharging or other matters relating to fares charged by a driver for the hire, and

(d) matters relating to the hiring,

of a small public service vehicle.

(2) The procedure set up under subsection (1) shall, as far as practicable, be user-friendly and accessible. The Commission shall publish details of the procedure.

Regulations under section 82 of Act of 1961.

52. —(1) Section 82 of the Act of 1961 is amended by substituting for subsection (1) the following:

“(1) The Minister may make regulations in relation to the control and operation of large public service vehicles.”.

(2) 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 shall continue in force and may be amended or revoked by the Commission, with the consent of the Minister.

(3) The Minister may make regulations in respect of matters relating to the transition from regulations made under section 82 of the Act of 1961 to regulations under this Act (including the revocation or amendment of regulations made under section 82 of the Act of 1961).