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44 2004

Road Traffic Act 2004

PART 6

Amendment of Taxi Regulation Act 2003

Amendment of section 36 of Taxi Regulation Act 2003 (mandatory disqualification).

36.— Section 36 of the Taxi Regulation Act 2003 is amended—

(a) in subsection (1), by substituting after paragraph (i) for the matter from and including “the person—” down to and including “stands revoked.” the following:

“the person—

(i) in the case of being convicted summarily, where a penalty other than a term of imprisonment (that the person serves in whole or in part) is imposed by the Court, is disqualified for holding a licence for a period of 12 months and, accordingly, where the person is the holder of a licence, the licence stands suspended for that period,

(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.”,

(b) by inserting after subsection (1) the following:

“(1A) A disqualification, revocation or suspension under subsection (1) takes effect upon—

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

(b) in the event of an appeal—

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

(ii) its withdrawal.”,

(c) in subsection (2), by substituting for subparagraphs (i) and (ii) and the matter following those subparagraphs to the end of the subsection the following:

“(i) where the offence has been tried—

(I) summarily, to the judge of the District Court in whose district court district, or

(II) on indictment in the Circuit Court, to the judge of the Circuit Court in whose circuit,

the person intends to provide small public service vehicle services,

or

(ii) where the offence has been tried on indictment in the High Court, to a judge of the High Court, to be allowed to apply for a licence under such terms and conditions as the Court sees fit.”,

(d) by inserting after subsection (2) the following:

“(2A) (a) A person intending to make an application to the Court under subsection (2) shall give 21 days notice in writing of that intention to the Superintendent of the Garda Síochána for the district in which the person ordinarily resides and, where the person is the holder of a licence, to the licensing authority which granted the licence.

(b) At the hearing of the application under subsection (2)—

(i) the Superintendent of the Garda Síochána,

(ii) where the person making the application is the holder of a licence, the licensing authority which granted the licence, and

(iii) any other person whom the Court considers relevant or affected by the application,

may appear and shall be entitled to be heard and to adduce evidence to the Court, and any such evidence may be considered by the Court when it is considering an application by a person under subsection (2).

(c) The Court shall cause notice of its decision on an application under subsection (2) to be given to the Superintendent of the Garda Síochána for the district in which the applicant ordinarily resides and to the licensing authority concerned, as appropriate.

(d) The decision of the Court on an application under subsection (2) is final, save that, by leave of the Court, an appeal from the decision lies—

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

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

on a specified question of law.”,

and

(e) by inserting after subsection (3) the following:

“(3A) Subsection (1) applies to a person who has been convicted of an offence referred to in that subsection before the commencement of that subsection other than a person who is or has been convicted summarily where a term of imprisonment is or has not been imposed on the person in respect of an offence committed before the commencement.”.