Legislation puts road transport licence holders under scrutiny

DETAILS OF the new legislation setting minimum standards for holders of road transport licences were announced yesterday. The legislation is in line with an EU directive on coach, bus and haulage transport, parts of which becomes law across Europe next January.

The move to set minimum standards for holders of transport licences is in line with the Farrelly report, which was also published yesterday.

The report recommends a more streamlined approach by the Department of Transport as well as checks on the “good repute” of transport operators. All the recommendations of the report were accepted by Minister for Transport Noel Dempsey.

Mr Dempsey said that as of September, automatic disqualification would apply to any operator who has a serious conviction in any one of a number of specific areas including: murder; manslaughter; serious assaults; drug trafficking; people trafficking; money laundering, sexual offences and firearms offences.

The disqualification would apply if the convictions are within the past five years when prosecuted on indictment, or two years when prosecuted summarily.

The legislation will automatically disqualify any licensee who already has any of these convictions, and their licence would be automatically and immediately revoked.

Commenting on the new measures, Mr Dempsey said that in addition to the recommendations contained in the Farrelly report, a recent review of road transport licensing requirements had raised questions about Ireland’s compliance with EU law in this area.

“The department sought and received legal advice on the issue and it is for this reason that I am today announcing new legislation for the sector. It is imperative that we maintain the highest possible standards in the road transport sector,” he said.

Any licensee continuing to operate while disqualified risks receiving a maximum fine of €500,000 or three years in prison, or both.

The Minister also announced he would introduce a further regulation to cover others working in licensed transport operations, such as directors, transport managers and drivers.

In preparation for the introduction of this second regulation, the department will engage with the road transport sector and other relevant bodies in September, with a view to introducing the new regulation in mid-November.