Committee Reports > List of Committees > Seanad > 1966 > Select Committee on Statutory Instruments > Report No. 01 - Statutory Instruments

APPENDIX I.

Road Traffic (Public Service Vehicles) Regulations, 1963 (S.I. No. 191 of 1963).

Road Traffic (Lighting of Vehicles) Regulations, 1963 (S.I. No. 189 of 1963).

Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 (S.I. No. 190 of 1963).

An Rúnaí,

An Roinn Rialtais Áitiúil.

I am directed by the Select Committee on Statutory Instruments to state that some points have arisen during the course of its discussion on the Road Traffic (Public Service Vehicles) Regulations, 1963 (S.I. No. 191 of 1963) on which it would appreciate the favour of an explanatory memorandum.

It is provided that the definitions in Article 3 (1) shall apply “save where the context otherwise requires”. Although it is not clear to it why the need arises the Select Committee considers that if the context requires a meaning other than that covered by a definition in Article 3 (1) a revised definition should be inserted at the appropriate point and there expressed to be of appropriate limited application. The Committee would welcome the observations of your Department on this point and would be glad to be furnished with examples of where the context is considered to require a meaning other than that outlined in Article 3 (1). Incidentally the Committee observe that while the Road Traffic Act, 1961 is defined in Article 3 (1) as “the Act” this definition is not used in Article 62.

The Select Committee notes from Article 3 (1) that a “‘taximeter area’ includes the Dublin taximeter area and the Cork taximeter area”. Article 9 provides for the fixing of maximum fares in the Dublin and Cork areas but there is no provision for maximum fares in other taximeter areas if there are any such. If the provisions regarding taximeters are applicable in Dublin and Cork only it is not clear to the Committee why the instrument does not specifically confine the provisions to those areas.

Finally the Select Committee would welcome some explanation of Article 53 (2). The Committee notes that in some circumstances a fare greater than that shown on the taximeter may be charged. It wonders if the need for this provision arises from some technical limitations of taximeters currently in use or whether the expression “services rendered” is intended to cover some services the payment for which is not included in the fare shown on the taximeter.

Cléireach an Roghchoiste.

25 Meitheamh, 1964.

An Rúnaí,

An Roinn Rialtais Áitiúil.

I am directed by the Select Committee to refer to my minute of 25th ultimo which referred inter alia to the interpretation clause in the Road Traffic (Public Service Vehicles) Regulations, 1963. The Committee now observes that in the Road Traffic (Lighting of Vehicles) Regulations, 1963 and the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963 the definitions in the interpretation clauses are qualified in a similar way by the phrase, “save where the context otherwise requires”. The Committee would be glad if you would include in the memorandum already requested appropriate observations on these two instruments also.

Cléireach an Roghchoiste.

16 Iúil, 1964.

Cléireach an Roghchoiste,

Seanad Éireann,

Baile Átha Cliath 2.

I am directed by the Minister for Local Government to refer to your minutes of 25th ultimo and 16th instant regarding the queries of the Select Committee on Statutory Instruments in connection with the Road Traffic (Public Service Vehicles) Regulations, 1963, the Road Traffic (Lighting of Vehicles) Regulations, 1963, and the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations, 1963, which were made under the Road Traffic Act, 1961, and to state that the phrase “save where the context otherwise requires” as contained in articles 3 (1) of the Regulations is similar to that in section 3 of the Road Traffic Act, 1961. In making regulations it is usual drafting procedure to follow the phrasing in the Act under which the regulations are being made.

With regard to the Road Traffic (Public Service Vehicles) Regulations, 1963, there are only two taximeter areas i.e. the Dublin taximeter area and the Cork taximeter area. The definition of “taximeter area” in article 3 (1) of the Regulations is a drafting method to eliminate setting out in each case in which the term is used what the Dublin taximeter area and the Cork taximeter area comprise. I am to add that in the event of the taximeter area being extended to areas other than the Dublin and Cork taximeter areas the present definition would remain applicable.

With reference to article 53 (2) of the Road Traffic (Public Service Vehicles) Regulations, 1963, I am to point out that there is a technical limit to the amount that can be registered on a taximeter. This maximum amount is 99/6d. after which the meter reverts to nil. The fee for additional passengers (6d. per person) is not shown on the meter.

As to the last sentence of the second paragraph of your minute of 25th ultimo I am to remind you that the phrase “the Act” is used in article 62 (5) and (7) of the Road Traffic (Public Service Vehicles) Regulations, 1963. References to the Road Traffic Act, 1933, are spelt out, because “the Act” means the 1961 Act.

E. T. SHEEHY.

29 Iúil, 1964.