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Seanad Éireann díospóireacht -
Wednesday, 22 Apr 1998

Vol. 155 No. 3

Adjournment Matters. - PSV Licences.

I thank the Cathaoirleach for taking this item on the Adjournment. I have raised it on two previous occasions and am delighted the Minister of State, Deputy Molloy, is present to respond.

Until recently, the Garda Síochána interpreted the provisions pertaining to the regulations arising from section 34 of the 1963 Road Traffic (Public Service Vehicle) Regulations in a certain way. However, arising from a recent instruction from the Garda Commissioner's office, they have refused to issue public service vehicle licences to persons with full-time jobs. This is causing a major problem in my town of Mullingar and its sister town of Athlone. For the purposes of interpretation, a small public service vehicle is a hackney, taxi or minibus. Much of the work of small time operators is done at weekends, that is Thursday to Sunday, and perhaps on a bank holiday.

The difficulty arises from the new position regarding the issuing of licences to people who have full-time jobs. The regulations clearly state that a person who applies for a full-time licence of a small public service vehicle must sign a declaration stating he or she is available for 40 hours per week and that they will drive no more than 11 hours per day in any three consecutive days. We all support and commend the concept of people obtaining full-time jobs. However, as regards small time operators, the work does not exist to sustain that. The small time operator of a taxi, hackney or minibus cannot afford to pay a person for 40 hours per week. I suggest an amendment be made to the regulations so that a declaration could be signed by a person that they were available for 20, 22 or 24 hours per week. The purpose of this would be to give the small time operator, the person with one car, the opportunity to have a break. Most of their business is at weekends and on bank holidays.

We are all aware of the pivotal role played by the small public service vehicle in the safety of people going out for a casual drink or who wish to go home at night in safety. I regret that the streets of our towns, cities and villages are not as safe as they were 30 years ago or even ten years ago. We must all now look over our shoulders. Unfortunately, they are the times in which we live, but that is a different debate. However, the small public service vehicle plays an important role in ensuring people get to and from the places they want to go. They have also substantially improved the situation pertaining to drink driving.

I ask that amending regulations be introduced to allow licences to be issued to people who would be able to drive 20, 22 or 24 hours per week. It is something which could be taken up by the Minister and his Department and I ask him to look favourably on these proposals. The Garda Commissioner is empowered under the regulations to grant licences to people for the purposes of driving hackneys or taxis. However, while licences were issued in the past to people who had full-time jobs, as a result of a new and correct interpretation of current regulations, they will now only be issued to people who are available for 40 hours per week. There is a scarcity of drivers and I ask for favourable consideration of the recommendations I have made.

I thank Senator Glynn for raising this issue. Small public service vehicles provide an essential component of the overall transport facilities available in the state as a whole. Taxis operate in the larger urban areas and have a well defined role. They are an integral part of the public transport service and provide an immediate on-street, door to door service which in many areas complements the mass transport services provided by the public transport companies. Hackneys operate in all parts of the country and serve a range of transport requirements. In rural areas they can be the only alternative to private transport. I am especially conscious and appreciative of the support that both taxis and hackneys provide for our drink driving campaign by providing an alternative to driving or walking home at times of busy social activity, such as weekends, holidays and festivals.

The operation and licensing of taxis and hackneys and their drivers is controlled through the Road Traffic (Public Service Vehicles) Regulations 1963 to 1998. The Garda Commissioner is empowered under the regulations to grant licences for the purpose of driving taxis and hackneys. Since 1970, the regulations provide that, when applying for licences, applicants must submit to the Garda a written undertaking that, if the licence is granted, their services will be available as a driver of a small public service vehicle for at least 40 hours in each week and that, in any period of three consecutive days, they will not drive for more than 11 hours a day. Within these and other parameters set out in the regulations, decisions relating to the granting or refusal of small public service vehicle drivers' licences are a matter for the Garda Commissioner and I have no direct function in such decisions. Where a person is aggrieved over a decision to refuse a licence, he or she may appeal that decision to the District Court.

Representations have been made to the Department relating to the provisions of the regulations in so far as they relate to the availability to drive of potential applicants. The matter was also raised in the Dáil earlier this month. I indicated, while acknowledging that a decision in respect of each application is exclusively a matter for the Garda, that the Department has asked the Commissioner for his observations on this issue. I undertook that, upon receipt of the Commissioner's observations, the Department would give careful and urgent consideration to the need for an amendment to the current regulatory provisions. In the meantime, the matter is also being progressed by inviting an input from taxi and hackney interests and consulting with the relevant Departments and agencies.

My office contacted the Garda Commissioner today to inquire when we would receive his observations; I understand it will be within the next two weeks. I note these regulations were made in 1970, so I can only presume that I must have made them myself. Given the difficulties the Senator and others have highlighted, I will be happy to seriously examine whether they can be amended to make them less onerous. I recall there was considerable agitation at the time and that the regulations were introduced in response to a serious dispute between different factions in the public service vehicle business. I will take into account all the views I have heard and I hope a decision can be made on the matter.

I thank the Minister for his positive response and for his having contacted the Commissioner. While there may have been disputes in the past, I assure the Minister that the matter I raised tonight and on two previous occasions has across the board support in Westmeath.

The problem was not in County Westmeath, it was elsewhere.

We do not all live in the metropolis but I thank the Minister of State for his observations.

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