Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1995

JurisdictionIreland
CitationIR SI 136/1995
Year1995

S.I. No. 136 of 1995.

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (AMENDMENT) REGULATIONS, 1995.

The Minister for the Environment in exercise of the powers conferred on him by section 5 of the Road Traffic Act, 1961 (No. 24 of 1961) and section 82 of that Act as amended by section 57 of the Road Traffic Act, 1968 (No. 25 of 1968) hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1995.

(2) These Regulations and the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1993 shall be construed as one and may be cited together as the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1995.

2. These Regulations shall come into operation on the 1st day of September, 1995.

3. (1) In these Regulations, save where the context otherwise requires:

"the Act" means the Road Traffic Act, 1961 ;

"the Regulations of 1978" means the Road Traffic (Public Service Vehicles) (Licensing) Regulations, 1978 ( S.I. No. 292 of 1978 );

"hackney" means a small public service vehicle in respect of which a hackney licence has been granted;

"hackney licence" means a licence granted in respect of a small public service vehicle by a licensing authority under article 14;

"licensing authority" means the council of a county, the corporation of a county or other borough, or the council of an urban district;

"lighting-up hours" has the meaning assigned to it in article 2 of the Road Traffic General Bye-Laws, 1964 ( S.I. No. 294 of 1964 );

"reserved function" means—

( a ) in the case of the council of a county, the corporation of a borough or the council of an urban district, a reserved function for the purposes of the County Management Acts, 1940 to 1994, and

( b ) in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;

"taxi" means a small public service vehicle in respect of which a taxi licence has been granted;

"taxi licence" and "wheelchair accessible taxi licence" mean licences granted in respect of small public service vehicles by a licensing authority under article 13.

(2) In these Regulations, any reference to a taximeter area shall include—

( a ) all of the areas specified in column 1 of the First Schedule, and

( b ) any area declared to be a taximeter area by a licensing authority in accordance with the provisions of article 7.

(3) In these Regulations, any reference to a wheelchair shall be construed as a reference to a wheelchair which has maximum dimensions when unoccupied of:

width:

660 mm

height:

1,090 mm

length:

1,050 mm

(4) In these Regulations, any reference to a wheelchair accessible taxi shall be construed as a reference to a vehicle—

( a ) which has been constructed or adapted so as to be capable of accommodating a person seated in a wheelchair,

( b ) which has seating accommodation for at least three passengers in addition to a passenger seated in a wheelchair,

( c ) which complies with the requirements for wheelchair facilities in such a vehicle as set out in the Second Schedule, and

in respect of which a wheelchair accessible taxi licence has been granted.

(5) ( a ) In these Regulations, any reference to an article or Schedule which is not otherwise identified is a reference to an article of, or Schedule to, these Regulations.

( b ) In these Regulations, any reference to a sub-article, paragraph or sub-paragraph which is not otherwise identified is a reference to the sub-article, paragraph or sub-paragraph of the provision in which the reference occurs.

4. (1) The following Regulations are hereby revoked:

( a ) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1979 ( S.I. No. 242 of 1979 );

( b ) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1980 ( S.I. No. 54 of 1980 );

( c ) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1981 ( S.I. No. 66 of 1981 );

( d ) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1986 ( S.I. No. 300 of 1986 );

( e ) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1987 ( S.I. No. 184 of 1987 );

( f ) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1991 ( S.I. No. 272 of 1991 );

( g ) The Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1991 ( S.I. No. 302 of 1991 );

( h ) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1992 ( S.I. No. 32 of 1992 );

( i ) The Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1992 ( S.I. No. 172 of 1992 );

( j ) The Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations, 1992 ( S.I. No. 308 of 1992 );

( k ) The Road Traffic (Public Service Vehicles) (Amendment) (No. 4) Regulations, 1992 ( S.I. No. 358 of 1992 );

( l ) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1993 ( S.I. No. 29 of 1993 ).

(2) Article 4 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1987 ( S.I. No. 139 of 1987 ) is hereby revoked.

5. (1) Reference to the use of, and conditions applying to, a public hire vehicle in the Regulations collectively cited in article 1 (2) shall be construed as including a reference to a taxi and a wheelchair accessible taxi save where specific reference to the use of, or conditions applying to, such vehicles are contained in these Regulations.

(2) Reference to the use of, and conditions applying to, a private hire vehicle in the Regulations collectively cited in article 1 (2) shall be construed as including a reference to a hackney save where specific reference to the use of, or conditions applying to, such a vehicle is contained in these Regulations.

6. (1) Each function of a licensing authority set out in the Third Schedule shall be a reserved function.

(2) Subject to article 7 (4), before exercising a reserved function under article 7 or 8, a licensing authority shall—

( a ) consult with the Commissioner,

( b ) where the function relates to a taximeter area which includes part or all of the functional area of another licensing authority, consult with that authority,

( c ) where a function under article 7 relates to a taximeter area which is within the functional area of the licensing authority and which forms part of an existing taximeter area, for which the licensing authority is not the appropriate licensing authority, consult with the licensing authority for that existing taximeter area,

( d ) publish a notice in one or more newspapers circulating in the functional area of the authority—

(i) indicating that it is proposed to exercise the function, and

(ii) stating that representations in relation to the proposal may be made in writing to the licensing authority before a specified date (which shall be not less than one month after the publication of the notice),

( e ) consider any observations made by the Commissioner or by any licensing authority consulted under paragraph (b) or (c) and any representations made pursuant to paragraph (d) (ii).

7. (1) A licensing authority may—

( a ) declare an area to be a taximeter area, and

( b ) extend or otherwise alter the boundary of a taximeter area.

(2) Subject to sub-article (4), an area declared to be a taximeter area or a taximeter area as extended or altered by a licensing authority in accordance with sub-article (1), may include part or all of the functional area of another licensing authority.

(3) The areas referred to as taximeter areas in article 3 (2) (a) shall be regarded as being taximeter areas for the purposes of this article and each local authority named in column 2 of the First Schedule shall be regarded as a licensing authority.

(4) Where a licensing authority propose to declare an area to be a taximeter area or to extend or otherwise alter the boundary of a taximeter area, and the said taximeter area or proposed extended or altered taximeter area includes part or all of the functional area of another licensing authority, the function shall not be exercised save with the agreement of that other authority.

(5) Where a licensing authority—

(i) declare an area to be a taximeter area, or

(ii) extend the boundary of a taximeter area,

and where that area or extended area forms part of an existing taximeter area, that area or extended area shall cease to be part of the existing taximeter area on such date as shall be specified by the licensing authority making the declaration or extension.

(6) An area forming part of a taximeter area specified in column 1 of the First Schedule shall not be included as part of a new taximeter area declared or extended under this article until a period of at least one year has elapsed following the commencement of these Regulations.

8. (1) Where a licensing authority has declared an area to be a taximeter area, it may determine from time to time that a specified number of taxi licences or wheelchair accessible taxi licences, or both such licences, may be granted in respect of that taximeter area.

(2) A licensing authority named in column 2 of the First Schedule may determine from time to time that a specified number of taxi licences or wheelchair accessible taxi licences, or both such licences, may be granted in respect of the area referred to in column 1 opposite the said named authority.

9. Where a licensing authority has made a determination in accordance with article 8 as to the number of taxi licences or wheelchair accessible taxi licences which may be granted, it shall cause notice of such determination, the period within which applications may be made and the place at which applications may be submitted, to be given in one or more newspapers circulating in the taximeter area.

10. Applications for taxi licences, wheelchair accessible taxi licences and hackney licences...

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