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24 1961

ROAD TRAFFIC ACT, 1961

PART VII.

Control and Operation of Public Service Vehicles.

Regulations in relation to control and operation of public service vehicles.

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

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any of the following matters:

(a) the licensing of public service vehicles;

(b) the licensing of drivers and conductors of public service vehicles;

(c) the payment of specified fees in respect of licences, badges or plates granted under the regulations and the disposition of such fees;

(d) the conduct and duties of drivers and conductors of public service vehicles and of their employers;

(e) the conduct and duties of passengers and intending passengers in public service vehicles;

(f) the conditions (including the use of taximeters) subject to which vehicles may be operated as public service vehicles;

(g) the keeping of specified records and the issue of specified certificates and the specifying of the persons by whom such certificates are to be issued;

(h) the authorising of the fixing of maximum fares for street service vehicles;

(i) matters related to the transition from the repealed Act to the regulations under this section.

(3) Different regulations may be made under this section—

(a) in respect of different classes of vehicles,

(b) for different circumstances and for different areas.

(4) A certificate purporting to be issued pursuant to regulations under this section that on a specified day a specified fare was the maximum fare fixed for street service vehicles in a specified area shall, without proof of the signature of the person purporting to sign it or that he was the proper person to issue it, be evidence in any legal proceedings until the contrary is shown of the matters certified therein.

(5) A certificate purporting to be issued pursuant to regulations under this section that a specified person was on a specified day the holder of a licence under the regulations or that on a specified day a licence under the regulations was in force in respect of a specified vehicle shall, without proof of the signature of the person purporting to sign it or that he was the proper person to issue it, be evidence in any legal proceedings until the contrary is shown of the matters certified therein.

(6) A person who contravenes a regulation under this section which is declared to be a penal regulation and, in such cases involving a vehicle as may be prescribed and where such person is not the owner of the vehicle, such owner shall each be guilty of an offence.

(7) In a prosecution for an offence under this section in which a licence under regulations under this section is material, it shall be presumed, until the contrary is shown by the defendant, that at the material time, such a licence, then having effect, was not held.

(8) Where a mechanically propelled vehicle is used for the carriage of eight or more persons who are not in the employment of the owner of the vehicle, they shall, until the contrary is shown, be deemed to be carried in the vehicle for reward.

Annual inspection and verification of taximeters.

83. —(1) The definition of “measuring instrument” contained in section 35 of the Weights and Measures Act, 1889, as extended by section 10 of the Weights and Measures Act, 1928 , shall be and is hereby extended so as to include a taximeter, and the said section 35 shall have effect accordingly.

(2) The powers and duties of inspectors of weights and measures appointed by the Right Honourable the Lord Mayor, Aldermen,

and Burgesses of Dublin or by the Corporation of Dún Laoghaire shall not extend to or include the inspection, testing, verification or stamping of taximeters.

(3) The Commissioner may from time to time appoint so many members of the Garda Síochána to be inspectors of measuring instruments (in this section referred to as special inspectors) for the purposes of the inspection, verification and stamping of taximeters as he thinks necessary and the Minister for Finance sanctions, and the following provisions shall have effect in relation to special inspectors:

(a) the Commissioner may suspend or dismiss any special inspector from his office as special inspector;

(b) a member of the Garda Síochána shall not be appointed to be a special inspector unless he possesses either a certificate under section 8 of the Weights and Measures Act, 1904, or a special inspector's certificate granted in accordance with regulations made by the Minister for Industry and Commerce under this section;

(c) an ex-officio inspector of weights and measures may be appointed to be a special inspector and when so appointed may, if the Commissioner so directs, continue to be an ex-officio inspector of weights and measures;

(d) a special inspector shall, in relation to the inspection, verification and stamping of taximeters, have all the powers and perform all the duties conferred or imposed on an inspector or an ex-officio inspector of weights and measures by the Weights and Measures Acts, 1878 to 1936, but without any restriction as to the area or district in which those powers may be exercised or those duties are to be performed by the special inspector;

(e) references in the Weights and Measures Acts, 1878 to 1936, to an inspector or an ex-officio inspector of weights and measures shall, in relation to the inspection, verification and stamping of taximeters, be construed as including references to a special inspector, and those Acts shall have effect accordingly;

(f) the Commissioner shall provide a special inspector with such standards and equipment as are necessary for the performance by him of his duties as a special inspector;

(g) there shall be paid in respect of the verification and stamping of taximeters by special inspectors such fees as may be appointed by regulations made under this section by the Minister for Industry and Commerce with the consent of the Minister for Finance, and every such fee shall be payable by the person appointed in that behalf by those regulations;

(h) all fees payable under this section in respect of the verification and stamping of taximeters by special inspectors shall be paid to the Commissioner and disposed of by him in accordance with this Act, save that such proportion (if any) of the fees as the Minister for Finance directs shall be paid into the Garda Síochána Reward Fund.

(4) In addition to the powers conferred by section 8 of the Weights and Measures Act, 1889, as extended by section 6 of the Weights and Measures Act, 1904, the Minister for Industry and Commerce shall be entitled to charge on the comparison and verification of the standards and equipment provided by the Commissioner under this section such fees as he may, after consultation with the Minister and with the approval of the Minister for Finance, appoint.

(5) The power of making general regulations vested in the Minister for Industry and Commerce by virtue of section 5 of the Weights and Measures Act, 1904, shall include power to make, after consultation with the Minister, general regulations with respect to the provision and maintenance of standards and equipment by the Commissioner under this section and the verification of such standards and equipment and with respect to the guidance of special inspectors in the execution and performance of their duties under this section, and the said section 5 shall have effect accordingly.

(6) This section shall be construed as one with the Weights and Measures Acts, 1878 to 1936, and those Acts and this section may be cited together as the Weights and Measures Acts, 1878 to 1961.

Bye-laws in relation to stands for street service vehicles.

84. —(1) The Commissioner may, with the consent of the Minister and after consultation with the local authority concerned, make bye-laws in respect of any specified area for all or any of the following purposes:

(a) appointing the places (in this Act referred to as appointed stands) in public roads in the area at which street service vehicles may stand for hire;

(b) fixing the maximum number of street service vehicles which may stand for hire at any one time at any particular appointed stand;

(c) prohibiting street service vehicles from standing for hire at places in public roads in the area which are not appointed stands;

(d) regulating and controlling the use of appointed stands by street service vehicles.

(2) The Commissioner, with the consent of the Minister, may make, in respect of any specified area temporary rules for all or any of the purposes specified in subsection (1) of this section.

(3) The following provisions shall have effect in relation to temporary rules under this section in respect of an area:

(a) the rules shall come into operation on a specified day not earlier than one week after the making of the rules;

(b) during that week the Commissioner shall give, in relation to the rules, such notice as may be prescribed;

(c) the rules shall have effect, unless they are sooner revoked, for the period of one year beginning on the day on which they come into operation;

(d) the rules shall operate in lieu of such (if any) corresponding bye-laws under this section as may be in force in respect of the area.

(4) Different bye-laws or rules may be made under this section in respect of different circumstances.

(5) A driver of a street service vehicle who contravenes a bye-law or rule under this section and, if such driver is not the owner of the vehicle, such owner shall each be guilty of an offence.

(6) Where a person charged with an offence under this section is the owner of the vehicle, it shall be a good defence to the charge for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised

Stopping places and stands for omnibuses.

85. —(1) The Commissioner may, by notice in writing, direct, in respect of a route upon which omnibuses are operated, that specified points shall be stopping places or that specified places shall be used as stands for the omnibuses.

(2) The Commissioner may, at any time, by notice in writing, revoke or amend a direction given by him under subsection (1) of this section or any amendment made under this subsection of any such direction.

(3) The Commissioner, when directing under this section that any particular point shall be a stopping place, may further direct that the point shall be a stopping place only for taking up passengers or that the point shall be a stopping place only for setting down passengers.

(4) The Commissioner, when directing under this section that any particular point shall be a stopping place, may further direct that the point shall be a designated stopping place for omnibuses bearing a special notice indicating that they will stop only at designated stopping places.

(5) The following provisions shall have effect in relation to a notice under this section:

(a) the notice shall be signed by the Commissioner or by an officer of the Garda Síochána authorised in that behalf by the Commissioner;

(b) the notice shall be addressed to the person who is operating the omnibus service specified in the notice;

(c) the notice may state the date on and after which it is to be effective;

(d) the notice, or a copy thereof, shall be served on the said person by registered post;

(e) the notice shall have effect on and after whichever of the following days is the later, that is to say, the day stated in that behalf in the notice or the day after the day on which service of the notice (or a copy thereof) is effected or is deemed by section 18 of the Interpretation Act, 1937 to have been effected.

(6) A certificate purporting to be signed by an officer of the Garda Síochána and to certify that a notice under this section in specified terms had effect on a specified day or days or during a specified period shall, without proof of the signature of the person purporting to sign the certificate or that he was an officer of the Garda Síochána, be evidence in any legal proceedings until the contrary is shown that a notice under this section in the specified terms has been issued, that the requirements of subsection (5) of this section have been complied with in relation thereto and that it had effect on the specified day or days or during the specified period.

Bye-laws with respect to stopping places and stands for omnibuses.

86. —(1) In this section—

references to stopping places shall be construed as references to stopping places directed by notice under section 85 of this Act;

references to stands shall be construed as references to stands directed by notice under that section;

provide” includes erect or place, and also maintain, and cognate words shall be construed accordingly.

(2) The Commissioner may, with the consent of the Minister, make bye-laws for all or any of the following purposes:

(a) controlling the stopping of omnibuses on any route on which there are stopping places;

(b) controlling the use by omnibuses of stopping places and stands;

(c) prohibiting, from stopping at or being parked in the vicinity of stopping places and stands, vehicles other than those for which stopping places or stands are directed;

(d) enforcing order at stopping places and stands (including requiring queueing of intending passengers).

(3) Different bye-laws may be made under this section—

(a) in respect of different classes of vehicles,

(b) for different circumstances.

(4) Where a person uses an omnibus in contravention of a bye-law under this section, he and, if he is not the owner of the omnibus, such owner shall each be guilty of an offence.

(5) Where a person uses a mechanically propelled vehicle other than an omnibus in contravention of a bye-law under this section, he and—

(a) if he is not the registered owner of the vehicle, such owner, and

(b) if the vehicle is the subject of a hire-drive agreement on the occasion in question and the person using it is not the hirer under the agreement, such hirer,

shall each be guilty of an offence.

(6) Where a person contravenes a bye-law under this section and the contravention does not constitute an offence under subsection (4) or subsection (5) of this section, he shall be guilty of an offence under this subsection.

(7) Where a person charged with an offence under subsection (4) of this section is the owner of the vehicle, it shall be a good defence to the charge for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.

(8) (a) Where a person charged with an offence under subsection (5) of this section is the registered owner of the vehicle, it shall be a good defence for him to show that the vehicle was being used on the occasion in question by another person and that—

(i) such use was unauthorised, or

(ii) the vehicle was on that occasion the subject of a hire-drive agreement.

(b) Where a person charged with an offence under subsection (5) of this section is the hirer of the vehicle, it shall be a good defence for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised.

(9) Where there are stopping places or stands in respect of a route upon which omnibuses are operated—

(a) the person carrying on the service may, with respect to any stopping place or stand, provide thereat a sign to indicate that it is a stopping place or stand and provide markings on the roadway, in the vicinity thereof, indicating the area within which vehicles (other than vehicles for which the stopping place or stand is directed) are not to be stopped or parked;

(b) the said person, on request by the Commissioner with respect to any stopping place or stand, shall provide such sign and markings as aforesaid at that stopping place or stand;

(c) a sign or markings provided under or in pursuance of this subsection shall be of a size, form and colour approved of by the Minister;

(d) a sign or markings provided under or in pursuance of this subsection may be provided on a public road without the consent of the road authority charged with the maintenance of the road;

(e) the said person may provide, or contribute to the provision of, a shelter for intending bus passengers at or near any stopping place or stand, subject, where the shelter is provided on a public road, to the consent of the road authority charged with the maintenance of the road;

(f) a sign provided at a stopping place or stand and indicating such stopping place or markings provided on the roadway in the vicinity of a stopping place or stand and indicating an area in which vehicles are not to be stopped or parked shall, in any prosecution for an offence under this Act, be presumed, until the contrary is shown by the defendant, to have been so provided lawfully and to be of a size, form and colour approved of by the Minister.

(10) Where a person, without lawful authority, removes, defaces or otherwise injures a sign or shelter provided under this section, he shall be guilty of an offence.

Property left in public service vehicle.

87. —(1) The Commissioner may, in respect of any area and in respect of all public service vehicles or any class of public service vehicles, make bye-laws for all or any of the following purposes:

(a) requiring the owners, drivers and conductors of public service vehicles to deposit in an appointed place within a specified time property left in the vehicles by passengers therein;

(b) providing for the safe custody of such property and the re-delivery of such property to the owners thereof;

(c) providing for the disposal of all such property which is not re-delivered to the owners thereof and, in particular, making special provision in regard to property which is a live animal or is of a perishable or offensive character;

(d) authorising the charging of fees for re-deliveries;

(e) providing, with the consent of the Minister for Finance, for the disposition of fees, proceeds of sale and other moneys received by the Commissioner in respect of such property, including the payment out of those moneys of rewards to persons depositing property in pursuance of this section.

(2) Bye-laws shall not be made under this section save where the Commissioner is of opinion that, as respects the area and vehicles to which the bye-laws relate, satisfactory provision has not been made for the safe custody, re-delivery and disposal of property left in the vehicles by passengers.

(3) A person who contravenes a bye-law under this section shall be guilty of an offence.

(4) The Commissioner shall cause to be established and kept registers of lost property deposited under this section.

(5) A register kept in pursuance of this section shall be in such form and in respect of such area as the Commissioner directs, and there shall be entered therein all such matters as he directs.

(6) A register kept in pursuance of this section shall be received in evidence without further proof in any legal proceedings on being produced as such register by an officer of the Garda Síochána.

(7) A document purporting to be a copy of an entry in a register kept in pursuance of this section and purporting to be certified by an officer of the Garda Síochána to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is shown, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.

(8) A register kept in pursuance of this section shall at all reasonable times be open to inspection by any person on payment of a fee of one shilling.

(9) A person shall be entitled to obtain from the Commissioner a copy, certified in writing by an officer of the Garda Síochána to be a true copy, of any entry in any register kept in pursuance of this section on payment therefor of a fee of sixpence for every folio or part of a folio of seventy-two words contained in the copy.