Dáil Éireann debate -
Tuesday, 4 Apr 2000

Vol. 517 No. 3

Written Answers. - PSV Licences.

Michael P. Kitt

Question:

260 Mr. M. Kitt asked the Minister for Justice, Equality and Law Reform the criteria for issuing of PSV licences; if a person with a conviction for drunken driving is automatically prevented from qualifying for such a licence; and if he will make a statement on the matter. [9812/00]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I am informed by the Garda authorities that the regulations governing the issue of PSV licences are set out in the Road Traffic (Public Service Vehicles) Regulations, 1963 (S.I. 191 of 1963), as amended. The primary legislation is the Road Traffic Act, 1961, as amended.

Sub-article 3 of Article 34 of the above regulations states as follows:

"(3) where an applicant for the grant of a licence to drive a small public service vehicle is duly made, the Commissioner shall grant the licence if he is satisfied that the applicant is a fit and proper person to hold a licence to drive small public service vehicles; has an adequate knowledge of general traffic regulations, the area in which he/she proposes to make his/her services available as a driver of a small public service vehicles and of local traffic and parking regulations applying to that area, the regulations relating to small public service vehicles; has not been convicted of an offence which, in the opinion of the Commissioner, would render him unsuitable to hold a licence to drive small public service vehicles; in the case of an applicant who is not the holder of a valid subsisting licence to drive small public service vehicles, holds at the time of the application a driving licence without endorsement.

I understand from the Garda authorities that, in the light of the above regulations, a person convicted of drunken driving is not entitled to hold a public service vehicle drivers licence while disqualified and may be refused such a licence after a disqualification is lifted while there is an endorsement on the licence.

In general, I understand from the Garda authorities that procedures for dealing with small public service vehicle licence applications have been reviewed with a view to strengthening them and that a revised application form has been brought into use.

Finally, I further understand that if an applicant is refused a licence by the authorised officer, the applicant has a right to appeal that decision to a judge of the District Court.