European Communities (Road Passenger Transport) Regulations, 1977.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Road Passenger Transport) Regulations, 1977.
2 Definitions.
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paragraphs: (1) In these Regulations—
"the Minister" means the Minister for Tourism and Transport;
"the Act of 1932" means the Road Transport Act, 1932 (No. 2 of 1932);
"the Act of 1961" means the Road Traffic Act, 1961 (No. 24 of 1961);
"certificate of competence" means an international certificate of competence or a national certificate of competence;
"the Council Directive" means Council Directive No. 74/562/EEC of 12 November, 1974 (a);
(a) OJ No. L 308/23 19 November, 1974.
"grant", in relation to a road passenger licence or an authorisation issued by the Minister under Council Regulation (EEC) No. 517/72 (b) includes "transfer";
(b) OJ No. L 67/19 20 March, 1972.
"international certificate of competence" means a certificate granted under paragraphs (1) (ii), (2), (3) (a) or (4) of Regulation 13 of these Regulations;
"international road passenger certificate" and "national road passenger certificate" have the meanings assigned to them, respectively, by Regulation 5 (1);
"national certificate of competence" means a certificate granted under paragraph (1) (i) of Regulation 13 of these Regulations;
"public service vehicle licence" means a licence granted under Part III of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ), in respect of a vehicle constructed and equipped so as to be suitable for carrying more than nine persons including the driver;
"provision (a)", "provision (b)" and "provision (c)" mean, respectively, provision (a), provision (b) and provision (c) of Article 2 of the Council Directive;
"the register'" has the meaning assigned to it by Regulation 15 (1);
"road passenger certificate" means an international road passenger certificate or a national road passenger certificate;
"road passenger licence" means a passenger licence within the meaning of section 7 of the Act of 1932;
"road passenger transport business" means any business conducted by a person while engaged in the occupation of road passenger transport operator but does not include the business of offering or organising road passenger transport where the person carrying on the business is neither the owner of a vehicle used in the provision of such transport nor the holder of a public service vehicle licence granted in respect of such a vehicle.
(2) For the purposes of these Regulations a person shall be regarded as the owner of a vehicle if the vehicle is registered in his name under the Roads Act, 1920, or is insured by him for the purposes described in Regulation 5 (11) (a) of these Regulations or if he has made in relation to the vehicle an arrangement described in Regulation 5 (11) (b) of these Regulations.
(3) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in that Directive.
3 Operators of road passenger transport businesses to hold road passenger certificates.
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paragraphs: (1) Subject to paragraph (2) of this Regulation, as on and from the 1st day of January, 1978, it shall not be lawful for any person engaged in the occupation of road passenger transport operator in the course of a road passenger transport business carried on by him to carry passengers for reward unless such person is the holder of—
( a ) in case the passengers are being so carried from or to a place outside the State, an international road passenger certificate,
( b ) in case the passengers are being so carried from a place within the State to another place within the State, either an international road passenger certificate or a national road passenger certificate.
(2) The restrictions imposed by paragraph (1) of this Regulation shall not apply where—
( a ) the carriage is provided by a person having a main occupation other than that of road passenger transport operator and is of children in vehicles being used pursuant to and in accordance with a licence granted under Part VI of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ),
( b ) the carriage is of passengers to or from work in vehicles owned by their employers,
( c ) the carriage is of persons to or from school or in the course of or in relation to school activities in vehicles owned by a school,
( d ) the carriage is of passengers otherwise than for profit in vehicles owned by voluntary organisations,
( e ) the carriage is by means of a mechanically propelled vehicle which complies with the conditions specified in paragraphs (a) and (b) of section 6 (1) of the Road Transport Act, 1935 (No. 23 of 1935) and is being used in the course of a passenger road service which is under a road passenger licence and is carried on only on one or more occasions specified in the licence or in the course of international transport.
(3) The requirements of paragraph (1) of this Regulation are in addition to and not in substitution for those of section 7 of the Act of 1932, Part VII of the Act of 1961, Regulations under that Part, or Council Regulations (EEC) Nos. 117/66 (a) 516/72 (b) or 517/72 (c).
(a) O.J. l47/66 of 9 August, 1966
(b) O.J. L67/13 of 20 March, 1972.
(c) O.J. L67/19 of 20 March, 1972.
4 Restriction on grant of licences, authorisations or waybills and renewal of licences.
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paragraphs: (1) Where on or after the 1st day of January, 1978, an application is made to the Minister in respect of carriage to which these Regulations apply for the grant or renewal of a passenger licence, the grant of authorisation under Council Regulations (EEC) Nos. 516/72 or 517/72 or the control document for the occasional services referred to in Council Regulation (EEC) No. 117/66 the Minister shall only allow the application if the applicant is the holder of a road passenger certificate which is for the time being in force.
(2) The provisions of paragraph (1) of this Regulation are in addition to and not in substitution for any requirement of the Act of 1932, or any regulation thereunder which is for the time being in force, which relates to the grant or renewal of passenger licences, any requirement of Council Regulations (EEC) Nos. 516/72 or 517/72 which relates to the grant of authorisations relating to the international carriage of passengers by coach and bus or any requirement of Council Regulation (EEC) No. 117/66 which relates to the issue of control documents for the international carriage of passengers by coach and bus.
5 Grant or renewal of road passenger certificates.
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paragraphs: (1) ( a ) subject to the provisions of this Regulation, the Minister may grant certificates for the purposes of this Regulation, and any such certificate is in these Regulations referred to as an "international road passenger certificate", or a "national road passenger certificate" or by referring to a road passenger certificate.
( b ) The Minister may attach conditions to a road passenger certificate and vary such conditions, and any conditions so attached to such a certificate shall be in addition to the conditions referred to in paragraph (3) of this Regulation.
( c ) The Minister may renew a road passenger certificate granted on an application described in paragraph (5) of this Regulation.
(2) The Minister shall grant an international road passenger certificate to each of the following, namely;
( a ) CÃ³ras Iompair Ãireann,
( b ) the Londonderry and Lough Swilly Railway Company,
( c ) every person who on the commencement of these Regulations is the holder of a public service vehicle licence and who first held such a licence before the 1st day of January, 1975.
(3) The Minister shall grant an international road passenger certificate to every person who is the holder of a public service vehicle licence and who first held such a licence neither earlier than the 1st day of January, 1975 nor later than the 31st day of December, 1977, subject to the following condition, namely, that if such person wishes to continue to hold the certificate after the 31st day of December, 1979, he shall not later than that day satisfy the Minister that,
( a ) the requirements of provision (c) are complied with by him, or
( b ) in case the holder is an individual and does not satisfy provision (c), he has designated another person who satisfies the said requirements, and who will continuously and effectively manage the road passenger transport business carried on by such holder, or
( c ) in case the holder is an undertaking, the said requirements are satisfied by an individual designated by the undertaking and who both,
(i) satisfies the requirements of provision (c), and
(ii) will continuously and effectively manage the road passenger transport business carried on by the said holder,
and in case the said holder does not satisfy the Minister, in accordance with the foregoing, then on the expiration of the 31st day of December, 1979, the certificate shall cease to have effect.
(4) In case an applicant gives to the Minister a national certificate of competence in pursuance of paragraph (3) of this Regulation, the Minister shall cancel the international road passenger certificate granted by him under the said paragraph (3) as on and from the 1st day of January, 1980 (which he is hereby empowered to do) and in lieu thereof grant to the applicant a national road passenger certificate having effect as on and from that day.
(5) For the purposes of paragraphs (9), (10), (11), (12) and (13) of this Regulation an application made to the Minister for the grant or renewal of a road passenger certificate shall be in such form and contain such particulars as the Minister may require and without prejudice to the generality of the foregoing such an application shall be accompanied by the following:
( a ) subject to paragraph (14) of this Regulation, particulars of any relevant offence of which the applicant has been convicted,
(i) in case the application is for the grant of such a certificate, during the period of three years ending on the date of the application,
(ii) in case the application is for the first renewal of such a certificate, since the date of the application for the grant of the certificate,
(iii) in case the application is for a renewal of such certificate other than the first renewal, since the date of the application for the last renewal of the certificate,
together with, in case an individual is designated by the applicant in pursuance of paragraph (6) of this Regulation, particulars of any relevant offence of which that person has been so convicted,
( b ) a certificate of competence granted to the applicant or to a person designated by the applicant in accordance with these Regulations and which shall be—
(i) in case the applicant intends to operate a road passenger transport business only within the State, a national certificate of competence,
(ii) in case the applicant intends otherwise to operate such a business, an international certificate of competence, and
( c ) in case the application is for the grant of such a certificate,