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Departmental Records

Dáil Éireann Debate, Wednesday - 19 January 2022

Wednesday, 19 January 2022

Questions (222)

Darren O'Rourke

Question:

222. Deputy Darren O'Rourke asked the Minister for Transport the way a person can obtain a certificate of good repute required for transport managers as outlined in Regulation EC 1071/2009; and if he will make a statement on the matter. [63526/21]

View answer

Written answers

Chapter V of Regulation 1071/2009 concerns the mutual recognition of certificates and other documents related to the good repute of road transport operators where such certificates or documents are issued by EU Member States. There is no obligation in the Regulation for Member States to issue such certificates.

In Ireland, the requirements for good repute are assessed by the Department of Transport when an individual is a relevant person in an application for a Road Transport Operator Licence. The Department has no authority to examine good repute other than in the context of a licence application made in Ireland.

Article 3 of Regulation (EC) No. 1071/2009 sets out the requirements that must be met by applicants for or holders of a Road Transport Operator Licence, and by any relevant person in the transport undertaking including the Transport Manager.  Article 6 of the Regulation requires that in relation to the requirement of good repute Member States shall consider convictions, penalties, infringements and conduct of the undertaking itself, its transport manager(s) and any other relevant person. 

In relation to the requirement of good repute, all relevant persons associated with a Road Transport Operator Licence issued in Ireland must undergo Garda vetting.  They must also complete a Good Repute Declaration Form in which any penalties or infringements must be declared, along with any non-Garda prosecutions.  A check is carried out among the other EU Member States using the European Register of Road Transport Undertakings (ERRU) system to determine if the Transport Manager has been declared unfit in any Member State.  The Department reviews the resulting collated information to determine if the requirement of good repute is met.  Existing licence holders may be checked at any time during the currency of their licence to ensure that they continue to satisfy licensing requirements, including that of good repute. 

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