European Communities (Road Passenger Transport) (Amendment) Regulations, 1999
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Communities (Road Passenger Transport) (Amendment) Regulations, 1999.
(2) The European Communities (Road Passenger Transport) Regulations, 1991 to 1995, and these Regulations may be cited together as the European Communities (Road Passenger Transport) Regulations, 1991 to 1999.
(3) These Regulations shall come into operation on 1 October 1999.
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paragraphs: In these Regulations “the Principal Regulations” means the European Communities (Road Passenger Transport) Regulations, 1991 ( S.I. No. 59 of 1991 ).
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paragraphs: Regulation 2 of the Principal Regulations is hereby amended by—
(a) the substitution for the definition of “certificate of competence” of the following:
“‘certificate of professional competence’ means a certificate of competence granted under—
(a) the European Communities (Road Transport) Regulations, 1977 and 1981, or these Regulations, or
(b) a corresponding certificate issued by another Member State to which the Principal Directive relates;”,
(b) the substitution for the definition of “the Minister” of the following:
“the Minister’ means the Minister for Public Enterprise;”, and
(c) the substitution for the definition of “the Principal Directive” of the following:
“‘the Principal Directive’ means Council Directive No. 96/26/EC of 29 April 19961 , as amended by Council Directive No. 98/76/EC of 1 October 19982 ;”.
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paragraphs: Regulation 5 (1) of the Principal Regulations is hereby amended by the deletion of “together with details of any undischarged bankruptcy of any person mentioned in this subparagraph” in each place where it occurs.
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paragraphs: Regulation 6 of the Principal Regulations is hereby amended—
(a) by the deletion in paragraph (1) of “or bankruptcy”, and
(b) by the substitution for paragraph (2) of the following:
“(2) In considering the good repute of an applicant to whom Article 8 of the Principal Directive relates, the Minister shall, notwithstanding paragraph (1) of this Regulation, accept as sufficient proof of good repute, a document to which paragraph 2 of the said Article 8 relates together with, where appropriate, a certificate to which paragraph 3 of the said Article 8 or, in the absence of such documents, a declaration to which paragraph 4 of the said Article relates, but only if such documents or declaration have been submitted to the Minister not more than three months after their date of issue.”.
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paragraphs: Regulation 7 of the Principal Regulations is hereby amended by the substitution for paragraph (2) and (3) of the following:
“(2) Where the applicant for a road passenger transport operator's licence comes from outside the State, the Minister shall, notwithstanding paragraph (1) of this Regulation, accept as sufficient proof of financial standing, a document to which paragraph 1 of Article 9 of the Principal Directive relates together with, where appropriate, a certificate to which paragraph 2 of that Article relates, but only if such documents have been submitted to the Minister within a reasonable period of their date of issue (being a period which, in the opinion of the Minister, is reasonable in the circumstances).
(3) Without prejudice to the generality of paragraph (1) of this Regulation, the reference to documents in that paragraph and exhibited in an affidavit for the purpose of Regulation 5 (2)(b) of these Regulations includes an appropriate confirmation or assurance in writing, issued by an auditor or bank or other suitably qualified establishment, that the applicant has sufficient financial resources, being financial resources sufficient for the purposes of paragraph 4 of the affidavit, and has available capital and reserves of at least €9,000 where only one vehicle is operated or to be operated under the licence and at least €5,000 for each additional vehicle operated or to be operated under the licence.”.
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paragraphs: Regulation 8 of the Principal Regulations is hereby amended by—
(a) the substitution for paragraph (1) of the following:—
“(1) The condition relating to professional competence shall be satisfied—
(a) where the relevant road passenger operator's licence is held by—
(i) an individual who also holds a certificate of professional competence, or
(ii) a partnership, company or co-operative, by the designation of one of the partners, directors or members of the committee of management who holds a certificate of professional competence,
or
(b) where the holder of the relevant road passenger transport operator's licence engages one or more transport managers, each of whom holds a certificate of professional competence.”, and
(b) the substitution in paragraph (2) of “(1)(b)” for “(1)(e)”, and
(c) the insertion after paragraph (4) of the following:
“(5) Subject to paragraph (6) of this Regulation, where the applicant for a carrier's licence holds a certificate of competence issued by the authority or body designated for that purpose by another Member State, the Minister shall recognise the certificate as sufficient proof of professional competence in accordance with Article 10 of the Principal Directive.
(6) The Minister may require that any natural person who holds a certificate of professional competence issued by a competent authority in another Member State within the period of three years from 1 October 1999, when that person was normally resident in the State sit an additional examination organised by or on behalf of the Minister for the purpose of this Regulation and such examination shall cover the specific knowledge relating to the national aspects of the occupation of road passenger transport operator within the State.”.
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paragraphs: Regulation 10 of the Principal Regulations is hereby amended by the substitution for paragraphs (1) and (2) of the following:
“(1) The Minister may grant a certificate, to be known and in these Regulations referred to as a certificate of professional competence, in accordance with the form of certificate set out in Annex la to the Principal Directive, to any natural person applying therefor who meets the appropriate requirements of paragraph (2) of this Regulation and such certificate shall be produced as proof of professional competence.
(2) Subject to paragraph (7) of this Regulation, the Minister may, on an application being made by a natural person, grant a certificate of professional competence to the person where that person—
(a) passes an examination in the subjects listed in Annex 1 to the Principal Directive, conducted for the purpose of this Regulation by or on behalf of the Minister, or