PART VII.

Regulation and Control of Public Service Vehicles.

84. —(1) The Commissioner may, subject to the provisions of this Part of this Act, grant to the owner of a public service vehicle a licence (in this Part of this Act referred to as a public service vehicle licence) in respect of such vehicle.

(2) Where the owner of a public service vehicle is an infant or of unsound mind or under any other disability, the public service vehicle licence in respect of such vehicle may be granted to the guardian or committee of or to a trustee for such owner.

(3) Every public service vehicle licence shall—

(a) be in the prescribed form, and

(b) be identified by a separate serial number, and

(c) contain a statement of the number of passengers for which passenger accommodation is available in the vehicle to which it relates, and

(d) be expressed to license such vehicle to be used for the carriage of passengers for reward, but may, in the case of a small public service vehicle be limited to use as a private hire vehicle.

(4) In this Part of this Act the word “licensed” when used in relation to a public service vehicle means licensed by a licence granted under this section in respect of such public service vehicle and the word “licensee” when used in relation to a public service vehicle licence means the holder for the time being of such licence and includes the personal representative or the liquidator (as the case may require) of such holder and also includes, in the case of any such licence which has ceased to be in force, the person who was the holder of such licence immediately before such cesser.

85. —(1) Every application for a public service vehicle licence shall be made in such form and manner and contain such particulars as the Commissioner shall direct.

(2) There shall be paid to the Commissioner by a person applying for a public service vehicle licence a sum equal to the amount of the licence fee required by this Part of this Act to be paid in respect of such licence and the payment of such sum shall be a condition precedent to the entertainment of the application by the Commissioner.

(3) In the event of an application for a public service vehicle licence being refused the sum payable under this section on such application shall be retained by the Commissioner.

(4) In the event of an application for a public service vehicle licence being granted, the sum payable under this section on such application shall be applied in payment of the first licence fee payable under this Part of this Act in respect of such licence.

86. —(1) The Commissioner shall not grant a public service vehicle licence in respect of any public service vehicle which does not appear to him—

(a) to be constructed and equipped in accordance with the regulations for the construction and equipment of mechanically propelled vehicles so far as such regulations are applicable to such vehicle, and

(b) to be in such a state of repair as to be serviceable, safe and otherwise fit for the accommodation of passengers.

(2) The Commissioner may refuse to grant a public service vehicle licence to a person who in his opinion is, by reason of his character or previous conduct, not a fit and proper person to hold a public service vehicle licence.

87. —(1) Every public service vehicle licence shall continue in force until it is surrendered by the holder thereof or is revoked by or under this Part of this Act.

(2) Every public service vehicle licence suspended under this Part of this Act shall, during the period for which it is so suspended, be deemed for the purposes of this Part of this Act not to be in force.

88. —(1) Every licensee shall pay yearly to the Commissioner in respect of every public service vehicle licence held by him a yearly fee (in this Part of this Act referred to as a licence fee) of such amount as shall from time to time be fixed by regulations made by the Minister with the consent of the Minister for Finance.

(2) Every licence fee (other than the first such fee payable in respect of any particular public service vehicle licence) shall be paid on or before the first day of the year in respect of which such fee is payable, and for that purpose the year shall be deemed to commence on the anniversary of the grant of the public service vehicle licence in respect of which such fee is payable.

(3) If any licensee fails or refuses to pay in respect of any public service vehicle licence a licence fee (other than the first such fee payable in respect of such licence) within the time appointed by this section for the payment thereof, such licence shall thereupon become and be revoked but the Commissioner may, upon payment of such fee, cancel such revocation.

89. —Whenever the holder of a public service vehicle licence dies, such licence shall devolve on his legal personal representative as part of his personal estate.

90. —(1) Whenever an application is duly made for a public service vehicle licence, the Commissioner shall appoint a convenient time and place for the inspection and examination of the vehicle to which such application relates and shall inform the person by whom such application was made of the time and place so appointed and, if such vehicle is brought to such place at such time, shall cause such vehicle to be inspected and examined at such time and place by a member of the Gárda Síochána or other person who is, in the opinion of the Commissioner, properly qualified to make such inspection and examination.

(2) If a vehicle in respect of which an application is made for a public service vehicle licence is not brought to the place and at the time appointed under the foregoing sub-section for the inspection and examination thereof, the Commissioner may refuse the said application.

91. —(1) Whenever the property in a licensed public service vehicle is transferred whether by act of the parties or by operation of law, the Commissioner may, on the application of the transferee and the payment of the prescribed fee (if any) and on being satisfied of the fact of such transfer, transfer the public service vehicle licence then in force to the said transferee.

(2) The provisions of this Act in relation to the qualifications for receiving and the grounds for refusing a grant of a public service vehicle licence shall apply to the transfer of a licence under this section in like manner as if such transfer were the grant of a public service vehicle licence.

92. —(1) Whenever the Commissioner refuses an application for the grant or the transfer of a public service vehicle licence, the person by whom such application was made may appeal against such refusal in the case of a refusal on the ground that the applicant is not a fit and proper person to hold a public service vehicle licence, to the Justice of the District Court having jurisdiction in the place in which the applicant ordinarily resides and, in any other case, to the Minister.

(2) On the hearing of an appeal under this section the Justice or the Minister (as the case may be) may, as he shall think proper, either confirm the refusal which was the subject of such appeal or direct the Commissioner to make the grant or transfer (as the case may be) which was the subject of such refusal.

(3) The Justice or the Minister (as the case may be) shall cause notice of his decision on an appeal to him under this section to be given to the Commissioner and it shall be the duty of the Commissioner to comply with such decision in so far as it directs him to grant or transfer a public service vehicle licence.

(4) The decision of a Justice of the District Court or of the Minister (as the case may be) on an appeal under this section shall be final.

93. —(1) Subject to the provisions of this section it shall not be lawful for a mechanically propelled vehicle in respect of which no public service vehicle licence is in force to be used for the carriage of passengers for reward.

(2) The Minister for Education may, where he is satisfied that special provision for bringing children to a particular school is necessary, grant to the owner of a mechanically propelled vehicle a licence to use such vehicle for the conveyance of children to such school for reward, and so long as such licence remains in force such mechanically propelled vehicle shall not be a public service vehicle within the meaning of this Act merely by reason of its being used under and in accordance with such licence for the conveyance of children to and from such school for reward.

(3) Where—

(a) application is made by the owner of a mechanically propelled vehicle to an officer of the Gárda Síochána not below the rank of superintendent for the issue of such permit as is hereinafter mentioned, and

(b) such officer is satisfied that a forthcoming event is likely to attract an assemblage of the public and that, having regard to the facilities available to the public for the transport of passengers to and from the place of occurrence of such event and to any other facilities capable of being procured for such transport, the issue of the permit so applied for is reasonably necessary or desirable, and

(c) such officer has given to the Minister for Industry and Commerce at least five days' notice of the application for such permit and has received from that Minister no objection to the issue of such permit,

such officer may issue to such owner a permit to use such vehicle for the carriage of passengers for reward on a specified day from and to a specified place to and from the place of occurrence of the said event but subject to such conditions and limitations as such officer shall think proper to specify in such permit, and thereupon such vehicle shall not be a public service vehicle within the meaning and for the purpose of this Act merely by reason of its being used for the carriage of passengers under and in accordance with such permit.

(4) 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 such vehicle, such persons shall, until the contrary is proved, be deemed to be carried in such vehicle for reward.

(5) Whenever a mechanically propelled vehicle is used for the carriage of passengers for reward in contravention of this section the owner of such vehicle shall be guilty of an offence under this section and the driver of such vehicle shall, unless he proves that he did not know that no public service vehicle licence was then in force in respect of such vehicle, also be guilty of an offence under this section.

(6) Every person who is guilty of an offence under this section shall on summary conviction thereof be liable, in the case of a first offence, to a fine not exceeding twenty pounds or, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

94. —Whenever a public service vehicle is used for the carriage of passengers for reward while it is in such condition as to be unserviceable or unsafe or otherwise unfit for the carriage of passengers or, by reason of dilapidation, lack of cleanliness, or other cause, to be unsuitable for the accommodation of passengers, the owner of such vehicle shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

95. —(1) Whenever the Commissioner grants a public service vehicle licence he shall, upon payment to him by the licensee of such sum as shall from time to time be fixed by regulations made by the Minister with the consent of the Minister for Finance, issue to such licensee a metal plate (in this Part of this Act referred to as a vehicle plate) of the prescribed pattern and having marked thereon in the prescribed manner the serial number of the said licence and the prescribed words, letters, numbers, and designs.

(2) Whenever the Commissioner is satisfied that a vehicle plate has been lost, destroyed, or broken or has become so defaced by wear or injury that the serial number or all or any of the letters, words, numbers, and designs required by this section to be marked thereon are obliterated or illegible the Commissioner shall, on the application of the owner of the vehicle to which such vehicle plate relates and delivery to the Commissioner of such vehicle plate (if not lost or destroyed) and payment to the Commissioner by such owner of such sum as shall from time to time be fixed by regulations made by the Minister with the consent of the Minister for Finance, issue to such owner a new vehicle plate.

(3) Whenever a public service vehicle licence ceases to be in force the licensee shall within three days after such cesser deliver to the Commissioner the vehicle plate issued in respect of such licence.

(4) If any person who is required by the next foregoing sub-section of this section to deliver to the Commissioner a vehicle plate fails or neglects so to do within the time limited in that behalf by the said sub-section, such person shall be guilty of an offence under this section, and shall on summary conviction thereof be liable to a fine not exceeding two pounds and a further fine not exceeding five shillings for every day during which such offence is continued.

96. —(1) The vehicle plate issued under this Part of this Act in respect of a public service vehicle shall be affixed to such vehicle in the prescribed place and manner and shall always be carried so affixed when such vehicle is used for the carriage of passengers for reward.

(2) If a public service vehicle is used for the carriage of passengers for reward without having affixed thereto in the prescribed place and manner a vehicle plate issued under this Part of this Act in respect of such vehicle or with such vehicle plate so defaced or obscured that the serial number or all or any of the letters, words, numbers, and designs required by this Act to be marked thereon are obliterated or illegible, the owner of such vehicle and also the driver thereof shall each be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

97. —(1) The Commissioner may, at any time and as often as he thinks fit, cause any licensed public service vehicle (including the fittings and equipment thereof) to be inspected and examined by a member of the Gárda Síochána or other person who is, in the opinion of the Commissioner, properly qualified to make such inspection and examination, and the Commissioner shall cause every such vehicle to be so inspected and examined at least once in every year.

(2) Whenever the Commissioner proposes to have a licensed public service vehicle inspected and examined under this section he shall, by notice in writing served by post or otherwise on the owner of such vehicle, appoint a time (not less than fourteen days after the service of such notice) and place for such inspection and examination and require such owner to produce such vehicle for such inspection and examination at such time and place.

(3) Whenever a member of the Gárda Síochána or other person inspecting a public service vehicle under this section finds that such vehicle is for any reason unfit for the carriage or for the accommodation of passengers, any member of the Gárda Síochána may prohibit in writing the use of such vehicle for the carriage of passengers for reward until all defects indicated by him have been cured, and may if he thinks proper remove from such vehicle the vehicle plate issued under this Part of this Act in respect of such vehicle and may retain such vehicle plate until such defects have been cured.

(4) If any owner of a licensed public service vehicle on whom a notice under the foregoing sub-section of this section has been served in respect of such vehicle fails to produce such vehicle at the time and place appointed by such notice or, having so produced such vehicle, obstructs or prevents the inspection or the examination of such vehicle at such place under this section, or uses such vehicle for the carriage of passengers for reward in contravention of a prohibition in writing made under this section by a member of the Gárda Síochána such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

98. —(1) Any member of the Gárda Síochána may, at any time and in any place, inspect and examine any public service vehicle (including the fittings and equipment thereof) which he reasonably suspects to be so defective as to be unfit for the carriage of passengers, and for that purpose may do all or any of the following things, that is to say:—

(a) enter into any place in which such vehicle is;

(b) if such vehicle is in motion, require such vehicle to stop;

(c) require the driver of such vehicle to drive such vehicle forthwith to a convenient place indicated by such member for such inspection and examination;

(d) require persons in such vehicle to leave it.

(2) A member of the Gárda Síochána who has inspected and examined a public service vehicle under this section may do all or any of the following things, that is to say:—

(a) prohibit the use of such vehicle for carrying passengers for reward until defects indicated by him have been cured or (if the driver or the owner of such vehicle so requests) until a more detailed inspection or examination of such vehicle is made;

(b) prohibit such vehicle from being moved under its own power until defects indicated by him have been cured;

(c) require the owner or the driver of such vehicle to submit such vehicle to a further and more detailed inspection and examination at a time and place indicated by such member and for that purpose require such owner or such driver to cause such vehicle to be brought to the place at the time so indicated.

(3) Every person who—

(a) obstructs or interferes with a member of the Gárda Síochána in the exercise of any power conferred by this section, or

(b) being the driver of a public service vehicle in motion, fails to stop such vehicle when required by a member of the Gárda Síochána under this section so to do, or

(c) being the owner or the driver of a public service vehicle fails to comply with any direction given or requirement made by a member of the Gárda Síochána under this section in relation to such vehicle, or

(d) does any act in contravention of a prohibition issued by a member of the Gárda Síochána under this section,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

99. —Whenever any person is authorised or required by or under this Part of this Act to inspect and examine a public service vehicle such person shall be entitled as part of such inspection and examination, to do all or any of the following things, that is to say:—

(a) to drive such vehicle for a reasonable time and distance;

(b) to require the person having charge of such vehicle to drive such vehicle for a reasonable time and distance in such direction and manner and at such speed as the person making such inspection and examination shall direct;

(c) to travel in such vehicle while it is being driven under his direction;

(d) to test the working and efficiency of the machinery, fittings, and equipment of such vehicle.

100. —(1) Whenever a person who is the holder of one or more public service vehicle licences is convicted of any crime or offence which, in the opinion of the court by which he is so convicted, renders him unfit to hold a public service vehicle licence, such court may revoke all public service vehicle licences then held by such person.

(2) Whenever the public service vehicle licences held by a convicted person are revoked by a court under this section, the registrar, clerk, or other principal officer of such court shall forthwith communicate to the Commissioner the particulars of such revocation.

101. —(1) The Commissioner may at any time revoke a public service vehicle licence upon the application of the licensee.

(2) The Commissioner may at any time on his own motion revoke or suspend for such period as he shall think proper a public service vehicle licence in respect of which he is satisfied—

(a) that the licensee, if an individual, has died or, if an incorporated body, has been dissolved more than three months previously and that such licence has not been transferred under this Part of this Act to any other person, or

(b) that the property in the vehicle to which such licence relates has been transferred by act of the parties or operation of law (otherwise than on the death or dissolution of the licensee) from the licensee to another person and that such licence has not been transferred under this Part of this Act to such other person, or

(c) that the licensee has ceased to be a fit and proper person to hold a public service vehicle licence, or

(d) that the vehicle to which such licence relates no longer complies with the regulations for the construction and equipment of mechanically propelled vehicles applicable to such vehicle, or

(e) that such vehicle is in such condition as to be unserviceable or unsafe or otherwise unfit for the accommodation or use of passengers.

(3) Whenever the Commissioner on his own motion revokes or suspends a public service vehicle licence under this section he shall forthwith cause notice in writing of such revocation or suspension to be served by post or otherwise on the licensee, but failure to serve such notice or any error or inaccuracy in such notice shall not invalidate such revocation or suspension.

102. —(1) Whenever the Commissioner revokes (otherwise than upon the application of the licensee) or suspends a public service vehicle licence, the person who was the licensee under such licence immediately before such revocation or suspension may appeal against such revocation or suspension (as the case may be), where such revocation or suspension was made on the ground that the licensee had ceased to be a fit and proper person to hold a public service vehicle licence, to the Justice of the District Court having jurisdiction in the place in which such person ordinarily resides and, in every other case, to the Minister, and on the hearing of such appeal the Justice or the Minister (as the case may be) may, as he shall think proper, in the case of a revocation either confirm or annul such revocation or substitute therefor suspension for such period as he shall think proper or, in the case of a suspension, confirm or annul such suspension or reduce the period thereof and, in any case, shall cause notice of his decision on such appeal to be given forthwith to the Commissioner.

(2) The decision of a Justice of the District Court or of the Minister (as the case may be) on an appeal under this section shall be final.

103. —(1) Whenever and so often as the holder of a public service vehicle licence changes his address he shall within four days after such change of address send to the Commissioner such licence together with notice in writing stating the fact of such change of address and the particulars of his new address.

(2) Upon receipt of a public service vehicle licence and a notice of change of address sent in pursuance of this section, the Commissioner shall cause such change of address to be recorded in the register of public service vehicle licences and shall also cause such change of address to be entered on such licence and such licence to be returned to the holder thereof.

(3) If the holder of a public service vehicle licence on any occasion on which he is required by this section to send to the Commissioner his said licence and a notice of change of address, fails or neglects so to do within the time limited in that behalf by this section, such holder shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

104. —(1) The Commissioner may grant a licence (in this Act referred to as a driver's licence) to drive a public service vehicle to any person who—

(a) applies to the Commissioner for such licence, and

(b) holds a driving licence which is then in force, and

(c) holds a certificate of competency issued to him not more than one month before the date of the application for such licence, and

(d) satisfies the Commissioner that he is a fit and proper person to hold a driver's licence.

(2) Where a person applying under this section to the Commissioner for a driver's licence satisfies the Commissioner that he holds or formerly held a driver's licence granted under this section, the Commissioner may, if he so thinks fit, dispense with the obligation imposed on such person by this section of holding a certificate of competency.

(3) Every driver's licence shall—

(a) be in such form as the Commissioner shall direct, and

(b) be identified by a separate serial number, and

(c) where the person to whom such licence is granted holds a certificate of competency to drive a large public service vehicle, such licence shall be expressed and shall operate to license such person to drive a public service vehicle of any kind, and

(d) where a person to whom such licence is granted holds only a certificate of competency to drive a small public service vehicle, such licence shall be expressed and shall operate to license such person to drive a small public service vehicle only.

(4) The holding of a driver's licence shall not relieve from the obligation to comply with the provisions of this Act in relation to driving licences.

(5) In this Part of this Act the expression “licensed driver” means a person who is the holder of a driver's licence granted to him and for the time being in force.

105. —(1) The Commissioner may grant a licence (in this Act referred to as a conductor's licence) to act as conductor of a large public service vehicle to any person who—

(a) applies to the Commissioner for such licence, and

(b) satisfies the Commissioner that he has attained the age of eighteen years, and

(c) satisfies the Commissioner that he is a fit and proper person to be the conductor of a large public service vehicle.

(2) Every conductor's licence shall—

(a) be in such form as the Commissioner shall direct, and

(b) be identified by a separate serial number, and

(c) be expressed and operate to licence the person to whom it is granted to act as conductor of a large public service vehicle.

(3) In this Part of this Act the expression “licensed conductor” means a person who is the holder of a conductor's licence granted to him and for the time being in force.

106. —(1) Whenever the Commissioner refuses an application for the grant of a driver's licence or for the grant of a conductor's licence, the person by whom such application was made may appeal against such refusal to the Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and on the hearing of such appeal such Justice may, as he shall think proper, either confirm such refusal or direct the Commissioner to grant the licence which was the subject of such refusal.

(2) Whenever a Justice of the District Court hears an appeal under this section he shall cause notice of his decision on such appeal to be given forthwith to the Commissioner, and it shall be the duty of the Commissioner to comply with such decision in so far as it directs him to grant a driver's licence or a conductor's licence.

(3) The decision of a Justice of the District Court on an appeal under this section shall be final

107. —(1) The Commissioner shall, on the application of the holder of a driver's licence or a conductor's licence which is for the time being in force and on payment to him of the annual fee payable under this Part of this Act in respect of such licence, renew such licence as from the date on which such licence would have expired if it were not so renewed.

(2) On the application of a person who was the holder of a driver's licence or a conductor's licence which ceased, within one month before such application, to be in force solely by reason of such person's failure to renew it under this section, and on payment to the Commissioner of the annual fee payable under this Part of this Act in respect of such licence, the Commissioner may, if he so thinks fit, renew such licence as from the date of such application.

108. —(1) Every driver's licence and every conductor's licence shall, unless or until it is surrendered or revoked under this Part of this Act, remain in force for one year from (as the case may be) the date on which it was granted or the date as from which it was last renewed.

(2) Where a driver's licence or a conductor's licence is suspended under this Part of this Act the following provisions shall have effect, that is to say:—

(a) such licence shall, during the period for which it is so suspended, be deemed for the purposes of this Act not to be in force;

(b) where the period for which such licence is so suspended expires before the end of one year from the date on which such licence was granted or last renewed (as the case may be), such licence shall cease to be in force at the end of such year unless previously renewed;

(c) where the period for which such licence is so suspended expires at or after the end of such year such licence shall be renewable under this Part of this Act as from the expiration of such period of suspension and for that purpose such licence shall be deemed to be in force at the expiration of such period.

109. —(1) There shall be paid to the Commissioner by every licensed driver on the grant and also on every renewal of his driver's licence a fee of such amount as shall from time to time be fixed by regulations made by the Minister with the consent of the Minister for Finance.

(2) There shall be paid to the Commissioner by every licensed conductor on the grant and also on every renewal of his conductor's licence a fee of such amount as shall from time to time be fixed by regulations made by the Minister with the consent of the Minister for Finance.

110. —(1) It shall not be lawful for any person to drive a large public service vehicle while such vehicle is being used to carry passengers for reward unless he holds a driver's licence then in force licensing him to drive a public service vehicle of any kind.

(2) It shall not be lawful for any person to drive a small public service vehicle while such vehicle is being used to carry passengers for reward unless he holds either a driver's licence then in force licensing him to drive a public service vehicle of any kind or a driver's licence then in force licensing him to drive a small public service vehicle only.

(3) If any person drives a public service vehicle in contravention of this section such person and also the owner of such vehicle shall each be guilty of an offence under this section and shall on summary conviction thereof be liable, in the case of a first offence, to a fine not exceeding twenty pounds and, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or at the discretion of the court to imprisonment for any term not exceeding six months.

111. —(1) A large public service vehicle having sitting accommodation for more than fourteen adult passengers shall not be used as an omnibus unless there is carried thereon a licensed conductor who acts as the conductor of such vehicle or such vehicle is being used as an omnibus without such conductor under and in accordance with a permit in that behalf issued by the Commissioner under this section.

(2) The Commissioner may, if he so thinks fit on the application of the owner of a large public service vehicle having sitting accommodation for more than fourteen passengers, issue to such owner and at any time renew or revoke a permit to use such vehicle as an omnibus on a specified service or for a specified purpose without there being carried thereon such conductor as is mentioned in the foregoing sub-section of this section, and may expressly limit such permit to a specified occasion or a specified period and may attach to such permit such conditions as he thinks proper and specifies therein.

(3) If a large public service vehicle having sitting accommodation for more than fourteen adult passengers is used in contravention of this section the licensee of such vehicle and also the driver thereof shall each be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding ten pounds.

112. —(1) It shall not be lawful for any person who is not a licensed conductor to act as conductor of a public service vehicle while such vehicle is being used to carry passengers for reward.

(2) If any person acts as conductor of a public service vehicle in contravention of this section, such person and also the licensee of such vehicle shall each be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding twenty pounds.

(3) Nothing in this section shall render it unlawful for the driver of a public service vehicle on which it is not obligatory under this Part of this Act to carry a conductor to act as conductor as well as driver of such vehicle although he is not a licensed conductor.

113. —(1) Whenever the Commissioner grants a driver's licence to any person he shall, upon payment to him by such person of such sum as shall from time to time be fixed by regulations made by the Minister with the consent of the Minister for Finance, issue to such person a metal badge (in this Part of this Act referred to as a driver's badge) of such pattern as the Commissioner shall direct and having marked thereon a serial number and such words, letters, numbers, and designs as the Commissioner shall direct.

(2) Whenever the Commissioner grants a conductor's licence to any person he shall, upon payment to him by such person of such sum as shall from time to time be fixed by regulations made by the Minister with the consent of the Minister for Finance, issue to such person a metal badge (in this Part of this Act referred to as a conductor's badge) of such pattern as the Commissioner shall direct and having marked thereon a serial number and such words, letters, numbers, and designs as the Commissioner shall direct.

(3) Whenever the Commissioner is satisfied that a driver's badge or a conductor's badge has been lost, destroyed, or broken or has become defaced by wear or injury the Commissioner shall, on the application of the person to whom such badge was issued and delivery to the Commissioner of such badge (if not lost or destroyed) and payment to the Commissioner by such person of such sum as shall from time to time be fixed by regulations made by the Minister with the consent of the Minister for Finance, issue to such person a new badge.

(4) Whenever a driver's licence or a conductor's licence is revoked or expires the person to whom such licence was issued shall within three days or (where such licence expires by reason of the death of such person) the personal representative of such person shall within one month after such revocation or expiration (as the case may be) deliver up to the Commissioner the driver's badge or the conductor's badge (as the case may be) issued to such person under this Part of this Act.

(5) If any person who is required by the next foregoing sub-section of this section to deliver up to the Commissioner a driver's badge or a conductor's badge fails or neglects so to do within the time limited in that behalf by the said sub-section such person shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds and a further fine not exceeding five shillings for every day during which such offence is continued.

114. —(1) Every licensed driver shall at all times while he is driving or acting as the driver of a public service vehicle wear in such manner as the Commissioner shall direct the driver's badge issued to him under this Part of this Act.

(2) Every licensed conductor shall at all times while he is acting as the conductor of a public service vehicle wear in such manner as the Commissioner shall direct the conductor's badge issued to him under this Part of this Act.

(3) Every person who—

(a) being a licensed driver, drives or acts as the driver of a public service vehicle while he is not wearing in accordance with this section the driver's badge issued to him under this Part of this Act, or

(b) being a licensed conductor, acts as the conductor of a public service vehicle while he is not wearing in accordance with this section a conductor's badge issued to him under this Part of this Act,

shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

115. —(1) The Commissioner may at any time revoke a driver's licence or a conductor's licence upon the application of the holder thereof.

(2) The Commissioner may at any time on his own motion revoke or suspend for such period as he shall think proper a driver's licence where he is satisfied that the holder of such licence has ceased to hold a driving licence which is for the time being in force or has ceased to be a fit and proper person to hold a driver's licence.

(3) The Commissioner may at any time on his own motion revoke or suspend for such period as he shall think proper a conductor's licence where he is satisfied that the holder of such licence has ceased to be a fit and proper person to be the conductor of a large public service vehicle.

(4) Whenever the Commissioner revokes (otherwise than on the application of the holder of the licence) or suspends a driver's licence or a conductor's licence, the person who was the holder of such licence immediately before such revocation or suspension may appeal against such revocation or suspension (as the case may be) to the Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and on the hearing of such appeal such Justice may, as he shall think proper, in the case of a revocation either confirm or annul such revocation or substitute therefor suspension for such period as he shall think proper or, in the case of a suspension, confirm or annul such suspension or reduce the period thereof and, in any case, shall cause notice of his decision on such appeal to be given forthwith to the Commissioner.

(5) The decision of a Justice of the District Court on an appeal under this section shall be final.

116. —(1) Whenever a licensed driver or a licensed conductor is convicted of any crime or offence (including an offence under this Act) the court by or before whom such driver or conductor was so convicted may, if such court thinks it proper so to do, revoke or suspend for such time as such court shall think proper the driver's licence held by such driver or the conductor's licence held by such conductor (as the case may be).

(2) Whenever a driver's licence or a conductor's licence is revoked or suspended by a court under this section, the registrar, clerk or other principal officer of such court shall forthwith communicate to the Commissioner the particulars of such revocation or suspension (as the case may be), and upon receipt of such communication the Commissioner shall cause notice in writing of such revocation or suspension to be sent forthwith by post to the holder of such licence.

117. —(1) Whenever and so often as a licensed driver or a licensed conductor changes his address he shall within four days after such change of address send to the Commissioner his driver's or conductor's licence together with notice in writing stating the fact of such change of address and the particulars of his new address.

(2) Upon receipt of a driver's or a conductor's licence and a notice of change of address sent in pursuance of this section the Commissioner shall cause such change of address to be recorded in the register of driver's licences or the register of conductor's licences (as the case may require) and shall also cause such change of address to be entered on such licence and such licence to be returned to the holder thereof.

(3) If a licensed driver or a licensed conductor on any occasion on which he is required by this section to send to the Commissioner his driver's or conductor's licence and a notice of change of address, fails or neglects so to do within the time limited in that behalf by this section such driver or conductor shall be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding two pounds.

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

(a) appointing the places in such area which may be used as stands or starting places (in this section referred to as appointed stands) for large public service vehicles;

(b) appointing the time during which such vehicles may remain at such appointed stands;

(c) appointing the number of such vehicles which may stand at each such appointed stand;

(d) enforcing order at appointed stands and at the starting points and on the routes of any such vehicles;

(e) reserving particular appointed stands for the use of all large public service vehicles plying upon particular routes;

(f) excluding from appointed stands all persons and vehicles except the persons and vehicles for whose use such stands are reserved;

(g) prohibiting large public service vehicles from using any places in such area as stands or starting places except in accordance with such regulations;

(h) preventing such vehicles from standing or stopping at specified places in such area either generally or during particular hours;

(i) preventing such vehicles from carrying passengers from any depôt or stand in any specified place in such area either generally or during particular hours;

(j) appointing the points within such area (other than appointed stands) at which such vehicles may stop and the time during which they may stop for the purpose of taking up or setting down passengers, and for preventing such vehicles from stopping for such purposes elsewhere than at such points or longer than the time so appointed.

(2) Different bye-laws may be made under this section in relation to different kinds of large public service vehicles but no differentiation shall be made in such bye-laws between large public service vehicles of the same class owned by different persons.

(3) Whenever a large public service vehicle is driven, stopped or otherwise used in contravention of a bye-law made under this section, the owner of such vehicle and also the driver thereof shall each be guilty of an offence under this sub-section and shall on summary conviction thereof be liable to a fine not exceeding five pounds.

(4) Every person who does any act (whether of commission or omission) which is a contravention of a bye-law made under this section and is not an offence under the foregoing sub-section of this section shall be guilty of an offence under this sub-section and shall on summary conviction thereof be liable to a fine not exceeding five pounds.

(5) Where a person charged with an offence under sub-section (3) of this section is the owner of the vehicle in respect of which such offence is alleged to have been committed, it shall be a good defence, to such charge for such person to prove that on the occasion on which such offence is alleged to have been committed the driver of such vehicle either was not authorised by such owner to drive such vehicle at all on that occasion or did the act alleged to constitute such offence in contravention of the express orders of such owner.

(6) Where a person charged with an offence under sub-section (3) of this section was, on the occasion on which such offence is alleged to have been committed, the servant of the owner of the vehicle in respect of which such offence is alleged to have been committed, it shall be a good defence to such charge for such person to prove that in acting in the manner alleged to constitute such offence he was acting in obedience to the express orders of such owner.

119. —(1) The Minister may approve of any particular road as a road upon which large public service vehicles or any particular class of such vehicles may be used as omnibuses and may attach to such approval such conditions in relation to the user of such road as he may think fit.

(2) Before approving of a particular road under the foregoing sub-section the Minister shall consult the Commissioner and also the county surveyor of every county through which such road passes, the council of every county borough, borough and urban district through which such road passes, and the town commissioners of every town through which such road passes, and shall consider any representations made to him by such persons and bodies in relation to such proposed approval.

(3) Any road included in a route upon which any person is at the commencement of this section authorised by a licence issued under the Road Transport Act, 1932 (No. 2 of 1932), to carry on a passenger road service consisting of a service of omnibuses shall be deemed to be a road approved of by the Minister under this section as a road upon which large public service vehicles may be used as omnibuses.

(4) The Minister may at any time withdraw or modify an approval given or deemed to have been given by him under this section in respect of any road, but shall not make without previous consultation with the Minister for Industry and Commerce any such withdrawal or modification in respect of a road which is for the time being included in a route upon which any person is authorised by a licence issued under the Road Transport Act, 1932 (No. 2 of 1932), to carry on a passenger road service consisting of a service of omnibuses.

(5) Whenever a large public service vehicle is used as an omnibus on a road which is not for the time being approved of or deemed to have been approved of by the Minister under this section as a road upon which large public service vehicles generally or large public service vehicles of a class which includes such first-named vehicle may be used as omnibuses or is so used on a road which is for the time being so approved in a manner which is a contravention of or not in accordance with a condition attached to such approval, the owner of such vehicle shall (notwithstanding the possession of any licence or permit issued under any other Act) be guilty of an offence under this section and shall on summary conviction thereof be liable to a fine not exceeding fifty pounds.

120. —All public notices in relation to and all passengers' card tickets for journeys in an omnibus shall so far as practicable be printed in both the Irish and the English languages.

121. —(1) Save as is otherwise provided by this section, it shall not be lawful to carry in a public service vehicle a greater number of passengers at any one time than the number stated in the public service vehicle licence relating to such vehicle to be the number of passengers for which passenger accommodation is available in such vehicle.

(2) The Minister may, by regulations made under this Act, authorise the carrying in any large public service vehicle or any such vehicle of a particular class, but only in specified special circumstances or on specified special occasions or during specified hours, of a limited greater number of passengers at one time than would otherwise be lawful under this section.

(3) Whenever passengers are carried in contravention of this section in a public service vehicle, the owner of such vehicle and also the conductor or, if there is no conductor, the driver of such vehicle shall each be guilty severally of an offence under this section and shall on summary conviction thereof be liable, in the case of a first offence, to a fine not exceeding five pounds or, in the case of a second or any subsequent offence, to a fine not exceeding ten pounds.

(4) Whenever a person charged with an offence under this section is the owner of the vehicle in respect of which such offence is alleged to have been committed, it shall be a good defence to such charge for such person to prove that, on the occasion on which such offence is alleged to have been committed, the conductor or, if there was no conductor, the driver of such vehicle did the act alleged to constitute such offence in contravention of express orders given by such owner.

(5) Whenever a person charged with an offence under this section was, on the occasion on which such offence is alleged to have been committed, the conductor or the driver of the vehicle in respect of which such offence is alleged to have been committed it shall be a good defence to such charge for such person to prove that in acting in the manner alleged to constitute such offence he was acting in obedience to the express orders of the owner of such vehicle.

122. —(1) Every person employed as driver or as conductor of a large public service vehicle shall have a weekly period of rest of not less than twenty-four consecutive hours in every period of seven days, and the right of such person to such weekly period of rest shall be deemed to be a term of his employment as such driver or conductor (as the case may be).

(2) Every employer who does not allow to every person employed by him as driver or as conductor of a large public service vehicle the weekly period of rest to which such person is entitled under this section and every person employed as driver or as conductor of a large public service vehicle who does not take the weekly period of rest to which he is entitled under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

123. —(1) The Minister may make regulations for regulating and controlling the conduct of passengers in public service vehicles and of drivers, conductors, and other persons employed in or about such vehicles, and different such regulations may be so made in respect of different classes of such vehicles, and the carriage of merchandise, parcels, passengers' luggage, and animals in or on such vehicles.

(2) Regulations made under this section may confer on the conductor or, where there is no conductor, the driver of a large public service vehicle power in specified circumstances or for specified reasons to exclude or remove from such vehicle particular persons, merchandise, parcels, luggage, and animals or any of them and for that purpose to use such force as may be necessary.

(3) Every person who does any act (whether of commission or omission) which is a contravention of a regulation made under this section and applicable to him shall be guilty of an offence under this sub-section and shall on summary conviction thereof be liable to a fine not exceeding five pounds.

(4) The conductor or (where there is no conductor) the driver of a public service vehicle or any member of the Gárda Síochána on the request of such conductor or such driver may remove (using such force as may be necessary) from such public service vehicle any person who has done in such vehicle an act (whether of commission or omission) which is a contravention of a regulation made under this section and for the time being in force.

(5) Where the conductor or (if there is no conductor) the driver of a public service vehicle or a member of the Gárda Síochána alleges that such passenger has done in such vehicle an act (whether of commission or omission) which is a contravention of a regulation made under this section and demands of such passenger his name and address, it shall be the duty of such passenger to give to such conductor, driver, or member his name and address, and if such passenger fails or neglects so to do or gives a name and address which is false or misleading he shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(6) The Minister shall not make regulations under this section in relation to large public service vehicles without previous consultation with the Minister for Industry and Commerce.

(7) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling such regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after such regulation is laid before it, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

124. —(1) It shall be the duty of every passenger in an omnibus on the request of the conductor or (where there is no conductor) the driver of such omnibus or of any inspector or other person authorised in that behalf by the licensee of such omnibus—

(a) to inform such conductor, driver, inspector, or other person of the journey which such passenger has taken or intends to take in such omnibus and the place at which he got into such omnibus;

(b) to pay the fare for the whole journey taken or intended to be taken by such passenger in such omnibus and to accept the appropriate ticket therefor;

(c) to produce to such conductor, driver, inspector, or other person the ticket given to such passenger in respect of such fare.

(2) Every person who fails or refuses to do any act which it is his duty under this section to do shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding two pounds.

125. —Every person who wilfully or maliciously commits any damage or injury to a licensed public service vehicle shall be guilty of an offence under this section and on summary conviction thereof shall be liable to a fine not exceeding five pounds and may be ordered by the court by whom he is so convicted to pay to the owner of such vehicle such sum as such court shall fix as compensation for such damage or injury and for the loss of the time of such owner and of the driver and conductor of such vehicle or of any of them (as the case may require) in attending such court.

126. —(1) If any person shall refuse or omit to pay to the owner or to the driver or conductor of a licensed public service vehicle any sum which is justly due and payable by such person to such owner or to such driver or conductor on behalf of such owner for the hire of such vehicle such person shall be guilty of an offence under this section and shall on summary conviction thereof be liable to the punishment hereinafter mentioned.

(2) If any person shall refuse or omit to pay to the driver or to the conductor (if any) of a large public service vehicle any sum which is justly due and payable by such person to such driver or such conductor (as the case may be) as the fare for the carriage of such person in such vehicle such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the punishment hereinafter mentioned.

(3) Whenever the owner, driver, or conductor of a licensed public service vehicle complains to a member of the Gárda Síochána that an offence under this section is being or has been committed in relation to such owner, driver, or conductor (as the case may be) by a person pointed out to such member by such owner, driver, or conductor, such member may arrest without warrant the person so pointed out to him and hold such person to bail to appear before a Justice of the District Court.

(4) Every person who is summarily convicted of an offence under this section shall be liable to a fine not exceeding five pounds or, at the discretion of the court, to imprisonment for any term not exceeding one month and may also be ordered by the court to pay to such owner, driver, or conductor (as the case may be) the sum the non-payment of which constituted the offence and such further sum as the court shall fix as compensation for the loss of time of such owner, driver, or conductor in attending the court.

127. —(1) The Commissioner may make bye-laws in respect of the whole of Saorstát Eireann or any specified part thereof for all or any of the following purposes, that is to say:—

(a) requiring the owners, drivers, and conductors of public service vehicles to deposit in an appointed place within a specified time property left in such 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 any such property which is a live animal or is of a perishable or offensive character;

(d) authorising the charging of fees for the re-delivery of such property to the owners thereof;

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

(f) exempting from the bye-laws or making other special provision in relation to any particular owner of public service vehicles who, in the opinion of the Commissioner, makes satisfactory provision for the safe custody, re-delivery, and disposal of property left in his vehicles by passengers.

(2) Every person who does any act (whether of commission or omission) which is a contravention of a bye-law made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

128. —(1) The Commissioner shall cause to be established and kept the following registers, that is to say:—

(a) a register of public service vehicle licences granted under this Part of this Act; and

(b) a register of drivers' licences granted under this Part of this Act; and

(c) a register of conductors' licences granted under this Part of this Act; and

(d) a register of lost property deposited with the Commissioner under this Part of this Act.

(2) Every register kept in pursuance of this section shall be in such form as the Commissioner shall direct and there shall be entered therein all such matters as are required by this Act to be entered therein and all such other matters as the Commissioner shall direct.

(3) There shall be entered in every register of licences kept in pursuance of this section the addresses of the respective holders of the several licences registered in such register and for the time being in force and also every change of any such address which is communicated to the Commissioner in pursuance of this Part of this Act.

(4) Any notice or other document which is required by or under this Act to be sent by post to the holder of a licence registered in a register kept under this section shall be so sent to such holder at the address which is for the time being entered in such register as his address.

129. —(1) Every register kept in pursuance of this Part of this Act shall be received in evidence without further proof in any legal proceedings on being produced as such register by an officer of the Gárda Síochána.

(2) Every document purporting to be a copy of an entry in a register kept in pursuance of this Part of this Act and purporting to be certified by an officer of the Gárda Síochána to be a true copy of such 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 proved, be deemed to be a true copy of such entry and to be evidence of the terms of such entry.

(3) Every register kept in pursuance of this Part of this Act shall at all reasonable times be open to inspection by any person on payment of such fee, not exceeding one shilling, as shall from time to time be fixed by the Commissioner with the consent of the Minister.

(4) Any person shall be entitled to obtain from the Commissioner a copy, certified in writing by an officer of the Gárda Síochána to be a true copy, of any entry in any register kept in pursuance of this Part of this Act on payment therefor of such fee, not exceeding sixpence for every folio or part of a folio of seventy-two words contained in such copy, as shall from time to time be fixed by the Commissioner with the consent of the Minister.

(5) A certificate purporting to be signed by an officer of the Gárda Síochána and to certify that on a specified day or days or during the whole of a specified period that—

(a) a public service vehicle licence was in force in respect of a specified public service vehicle, or

(b) no public service vehicle licence was in force in respect of a specified public service vehicle, or

(c) a specified person was the holder (as the case may be) of a public service vehicle licence then in force or of a driver's licence then in force or of a conductor's licence then in force, or

(d) a specified person was not the holder (as the case may be) of a public service vehicle licence or of a driver's licence or of a conductor's licence, or

(e) a specified public service vehicle licence, driver's licence, or conductor's licence was revoked or suspended,

shall without proof of the signature of the person purporting to sign such certificate or that he was an officer of the Gárda Síochána, be evidence until the contrary is proved of such of the matters aforesaid as are purported to be certified in and by such certificate.

130. —(1) Every licence granted under section 2 of the Dublin Amended Carriage Act, 1854, to keep, ply, use, or let for hire a vehicle which is a public service vehicle within the meaning of this Act shall, if it bears date as of a day prior to the commencement of this Part of this Act and is in force at such commencement, continue in force (unless previously revoked) until the 31st day of December next following such commencement and shall then expire, and shall during such continuance be deemed for all purposes to be a public service vehicle licence granted in respect of such vehicle under this Part of this Act.

(2) Every licence granted under section 52 of the Dublin Carriage Act, 1853, to act as driver of a hackney carriage, stage carriage or job carriage shall, if it bears date as of a day prior to the commencement of this Part of this Act and is in force at such commencement, be deemed until the 31st day of December next after such commencement to be a driver's licence granted under this Part of this Act as well as a driver's licence granted under the said section 52 and shall until the said 31st day of December have effect accordingly and be subject to such of the provisions of this Part of this Act in relation to drivers' licences as are capable of applying thereto as well as to the provisions of the said Dublin Carriage Act, 1853.

(3) Every licence granted under section 52 of the Dublin Carriage Act, 1853, to act as conductor of a stage carriage shall, if it bears date as of a day before the commencement of this Part of this Act and is in force at such commencement, be deemed until the 31st day of December next after such commencement to be a conductor's licence granted under this Part of this Act as well as a conductor's licence granted under the said section 52 and shall until the said 31st day of December have effect accordingly and be subject to such of the provisions of this Part of this Act in relation to conductors' licences as are capable of applying thereto as well as to the provisions of the said Dublin Carriage Act, 1853.