Taxi regulation act 2013

Enactment Date23 October 2013
Act Number37


Number 37 of 2013


TAXI REGULATION ACT 2013


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, commencement and collective citation

2. Definitions

3. Regulations and orders

4. Repeals

5. Expenses

PART 2

Small Public Service Vehicle Licensing

6. Licensing authority

7. Licensing regulations

8. Assessment of licence applicants and notification of health issues

9. Grant and renewal of licence

10. Suitable person to hold licence

11. Obligation on applicant for, or holder of, licence to drive SPSV to inform licensing authority of his or her being engaged in another occupation, etc.

12. Revocation - suspension of licence

13. Representations and appeals

14. Prohibition on transfer of licence

15. Death of licence holder

16. Revocation of licence on change of control of company

17. Obligation on holder of licence where licence is revoked or suspended or expires, or changes address

18. Register of licences

PART 3

Regulation of Small Public Service Vehicle Industry

19. Function of Authority to regulate taxi industry, etc.

20. Small public service vehicle regulations

21. Codes of practice

22. Prohibition on providing small public service vehicle services without licence

23. Obligations on public service vehicle drivers towards passengers

24. Maximum fares

25. Appointed stands (taxi ranks)

26. Restriction on use of “taxi”

27. Prohibition on promoting, offering or advertising unlicensed small public service vehicle services

28. Forgery and unlawful use of small public service vehicle and driver identification

29. Regulation of passengers in small public service vehicles

PART 4

Mandatory Disqualifications

30. Mandatory disqualification for holding small public service vehicle driver licences on certain convictions

31. Obligation to give licensing authority details of offences

32. Proof of foreign convictions

PART 5

Demerit Scheme

33. Definitions (Part 5)

34. Demerit offences

35. Endorsement of demerits

36. Period of endorsement of demerits

37. Notification to licence holder of endorsement of demerits

38. Disqualification by reason of demerits

39. Appropriate date

PART 6

Enforcement

40. Authorised persons

41. Prohibition on use of unroadworthy or defective vehicle, etc., as small public service vehicle - prohibition on use of unlicensed SPSV - seizure and detention

42. Search warrant

43. Prohibition on obstruction of authorised officer

44. CCTV at taxi ranks

45. Service of notices

46. Summary proceedings

47. Revocation of licence by court consequent upon conviction

48. Fixed payment offences

49. Payment of fixed amount on service of summons

50. Offence - body corporate

PART 7

Other Non-Taxi Services

Chapter 1

Community Transport Service

51. Definitions - Part 7

52. Approved community transport service

53. Exemption application process - community transport service

54. Records

55. New vehicle or volunteer drivers

Chapter 2

Other exemptions from licensing regulations

56. Regulations granting exemptions from requirements of licensing regulations

Chapter 3

Administrative

57. Representations and appeal process

58. Regulations - Part 7

59. Fees - Part

60. Powers of authorised persons - Part 7

61. Register of exemptions

PART 8

Administration

62. Service agreements

63. Provision of services

64. Complaints procedure

65. Fees

66. Service certification

67. Continuance of regulations

68. Certificates of insurance and requirement to have adequate insurance cover

69. Ministerial policy directives

70. Performance of functions of Garda Commissioner under this Act

71. Transport strategy

PART 9

Advisory Committee on Small Public Service Vehicles

72. Advisory Committee

73. Functions of Advisory Committee

PART 10

Amendment of Act of 2008

74. Public service contracts

75. Extension of Powers of Authority to whole State

PART 11

Amendment of Road Traffic Act 2010

76. Amendment of section 3 of Act of 2010

77. Amendment of Part 3 of Act of 2010

PART 12

Amendment of Section 2 of Metrology Act 1996

78. Amendment of definitions in section 2 of Metrology Act 1996

SCHEDULE

Specified Offences

PART 1

Life Disqualification

PART 2

Disqualification for Specified Period


Acts Referred to

Air Navigation and Transport Act 1973 (No. 29)

Air Navigation and Transport Act 1975 (No. 9)

Child Trafficking and Pornography Act 1998 (No. 22)

Children Act 2001 (No. 24)

Companies Acts

Courts (No. 3) Act 1986 (No. 33)

Criminal Damage Act 1991 (No. 31)

Criminal Justice (Public Order) Act 1994 (No. 2)

Criminal Justice (Safety of United Nations Workers) Act 2000 (No. 16)

Criminal Justice (Terrorist Offences) Act 2005 (No. 2)

Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50)

Criminal Justice (United Nations Convention Against Torture) Act 2000 (No. 11)

Criminal Justice Act 2006 (No. 26)

Criminal Law (Human Trafficking) Act 2008 (No. 8)

Criminal Law (Jurisdiction) Act 1976 (No. 14)

Criminal Law (Rape) (Amendment) Act 1990 (No. 32)

Criminal Law (Sexual Offences) Act 1993 (No. 20)

Criminal Law (Sexual Offences) Act 2006 (No. 15)

Criminal Law Amendment Act 1885 (48 & 49 Vict., c. 69)

Dublin Transport Authority Act 2008 (No. 15)

European Communities Act 1972 (No. 27)

Explosive Substances Act 1883 (46 & 47 Vict., c. 3)

Finance Act 2002 (No. 5)

Firearms Act 1925 (No. 17)

Firearms Act 1964 (No. 1)

Firearms and Offensive Weapons Act 1990 (No. 12)

Geneva Conventions Act 1962 (No. 11)

International Criminal Court Act 2006 (No. 30)

Local Government Act 2001 (No. 37)

Maritime Security Act 2004 (No. 29)

Metrology Act 1996 (No. 27)

Misuse of Drugs Act 1977 (No. 12)

Non-Fatal Offences Against the Person Act 1997 (No. 26)

Offences Against the State Act 1939 (No. 13)

Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c. 93)

Public Transport Regulation Act 2009 (No. 37)

Punishment of Incest Act 1908 (8 Edw. 7, c.45)

Road Traffic Act 1961 (No. 24)

Road Traffic Act 2002 (No. 12)

Road Traffic Act 2004 (No. 44)

Road Traffic Act 2006 (No. 23)

Road Traffic Act 2010 (No. 25)

Road Traffic (No. 2) Act 2011 (No. 28)

Road Traffic Acts 1961 to 2011

Road Transport Act 1932 (No. 2)

Road Transport Act 1933 (No. 8)

Road Transport Act 1986 (No. 16)

Roads Act 1993 (No. 14)

Roads Act 2007 (No. 34)

Sexual Offences (Jurisdiction) Act 1996 (No. 38)

Social Welfare Consolidation Act 2005 (No. 26)

Taxes Consolidation Act 1997 (No. 39)

Taxi Regulation Act 2003 (No. 25)


Number 37 of2013


TAXI REGULATION ACT 2013


An Act to provide for the revision of the regulation of the small public service vehicle industry and for those purposes to provide for mandatory disqualification for drivers of small public service vehicles convicted of certain offences and a demerit scheme relating to drivers of small public service vehicles, to repeal the Taxi Regulation Act 2003 and section 84 of the Road Traffic Act 1961 , to amend section 2 of the Metrology Act 1996 , the Dublin Transport Authority Act 2008 and the Road Traffic Act 2010 , and to provide for related matters. [23rd October, 2013]

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General

Short title, commencement and collective citation

1. (1) This Act may be cited as the Taxi Regulation Act 2013.

(2) This Act comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes and different provisions.

(3) The Road Traffic Acts 1961 to 2011 and Part 11 may be cited together as the Road Traffic Acts 1961 to 2013.

Definitions

2. In this Act—

“Act of 1961” means Road Traffic Act 1961 ;

“Act of 2003” means Taxi Regulation Act 2003 ;

“Act of 2008” means Dublin Transport Authority Act 2008 ;

“Act of 2009” means Public Transport Regulation Act 2009 ;

“Act of 2010” means Road Traffic Act 2010 ;

“Advisory Committee” means the committee known, in the English language, as the Advisory Committee on Small Public Service Vehicles or, in the Irish language, An Coiste Comhairleach um Beagfheithiclí Seirbhíse Poiblí;

“appointed stand” means a stand appointed by bye-laws made under section 25 (1);

“assessment regulations” means regulations made under section 8 (1);

“Authority” means National Transport Authority;

“authorised person” means—

(a) a person appointed by the Authority to be an authorised person under section 40 , or

(b) a member of the Garda Síochána;

“change in control”, in relation to a company, has the meaning assigned to it in section 16 (4);

“code of practice” means a code of practice established or adopted under section 21 ;

“company” means a company formed and registered under the Companies Acts;

“dispatch operator” means a person who provides for reward a booking service for an intending passenger to contact him or her to arrange for the hire and carriage of the intending passenger in a small public service vehicle operated or driven by another person (other than an employee of the first-mentioned person) but does not include a person employed by the first-mentioned person to take or manage the taking of bookings in the course of that service or a person marshalling in a public place (within the meaning of the Act of 1961) the services of small public service vehicles;

“Garda Commissioner” means Commissioner of the Garda Síochána;

“grant” in relation to a licence, includes the renewal or continuance in force of the licence;

“licence” means a licence provided for under licensing regulations and granted under section...

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