TAXI REGULATION ACT 2013

Publication Date:January 01, 2013
 
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TAXI REGULATION ACT 2013

2013 Number 37

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:

1 Preliminary and General

PART 1

Preliminary and General

S-1 Short title, commencement and collective citation

1 Short title, commencement and collective citation

(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.

S-2 Definitions

2 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 9 ;

"licensing authority" means a licensing authority under section 6 ;

"licensing regulations" means regulations made under section 7 ;

"local authority" means a county council, a city council or a town council (within the meaning of the Local Government Act 2001 ) other than the council of a town mentioned in Part 2 of Schedule 6 to that Act;

"mechanically propelled vehicle" has the meaning assigned to it by section 3 of the Act of 1961;

"Minister" means Minister for Transport, Tourism and Sport;

"regulations" means regulations made under this Act;

"service agreement" has the meaning assigned to it by section 62 ;

"shadow director" means in relation to a company, a person who is not a director, manager or secretary of the company, but by reason of any shareholdings, understanding or arrangement is entitled to any profit or gain from the company or controls the activities of any small public service vehicles operated by the company;

"small public service vehicle" has the meaning assigned to it by section 3 of the Act of 1961;

"SPSV" means small public service vehicle;

"SPSV regulations" means regulations made under section 20 ;

"taxi" means a street service vehicle (within the meaning of section 3 of the Act of 1961);

"website", in relation to the Authority, means a website maintained by the Authority on the internet.

S-3 Regulations and orders

3 Regulations and orders

(1) Every regulation made under this Act and order made under section 6 or 24 made under this Act, shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House sits after the regulation or order is laid before it, the regulation or order is annulled, but without prejudice to the validity of anything previously done under it.

(2) Where the Authority proposes to make regulations under this Act, it shall-

(a) publish on its website a draft of the proposed regulations stating that representations may be made in writing to the Authority not later than 21 days (or such further period as the Authority allows) from the date of publication, and

(b) consider any representations made to it,

and may make the regulations with or without any modification.

(3) Where regulations are made under section 7 , 8 , 13 (13) or 20 or an order is made under section 24 , the Authority shall publish notice of their making and the regulations or order or a description of them and reference to their statutory instrument numbers on its website.

(4) The validity of any instruments made under this Act shall not be affected by any non-compliance with subsection (2) or (3).

S-4 Repeals

4 Repeals

4. The following are repealed-

(a) section 84 of the Road Traffic Act 1961 ;

(b) section 15 of the Road Traffic Act 2002 ;

(c) the Taxi Regulation Act 2003 ;

(d) section 36 of the Road Traffic Act 2004 ;

(e) section 21 of the Road Traffic Act 2006 ;

(f) section 13 of the Roads Act 2007 ;

(g) Part 1 of Schedule 1, and Schedule 2, to the Public Transport Regulation Act 2009 .

S-5 Expenses

5 Expenses

5. The expenses incurred by the Minister in the administration of this Act shall, to the extent sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

2 Small Public Service Vehicle Licensing

PART 2

Small Public Service Vehicle Licensing

S-6 Licensing authority

6 Licensing authority

(1) Subject to subsection (2), the Authority is the licensing authority for the purposes of this Act.

(2) Notwithstanding subsection (1), the Garda Síochána shall be the licensing authority to grant licences to drive small public service vehicles until such time as an order is made under subsection (3).

(3) The Minister may make an order specifying a date from which the Garda Síochána shall cease to be the licensing authority to grant licences to drive small public service vehicles for the purposes of this Act.

(4) An order under subsection (3) may include transitional provisions, including provision as respects the person who shall determine any licensing applications made before the order takes effect and which have not been determined when the order takes effect.

S-7 Licensing regulations

7 Licensing regulations

(1) The Authority may make regulations ("licensing regulations") in relation to the licensing of-

(a) small public service vehicles,

(b) drivers of small public service vehicles, and

(c) services involving small public service vehicles (including dispatch operators).

(2) Regulations under this section may in particular and without prejudice to the generality of subsection (1) provide for all or any of the following:

(a) the requirement for a licence to be held in respect of a mechanically propelled vehicle in order for it to be used as a small public service vehicle for the carriage of persons for reward;

(b) the requirement for a person to hold a licence in order to drive a small public service vehicle for the carriage of persons for reward;

(c) the requirement for a person to hold a licence in respect of the operation of booking services for small public service vehicles (including dispatch operators);

(d) the terms and conditions relating to the grant of a licence;

(e) the manner and form of an application for the grant of, or change to, a licence (including prescribing the period within which an application for the renewal of a licence shall be made before the expiry of the licence);

(f) the information and documentation to accompany an application, including in the case of an application for a licence for a small public service vehicle information in respect of-

(i) the age, make and details of the vehicle,

(ii) the inspection and certification of its roadworthiness,

(iii) the insurance of the vehicle, and

(iv) its compliance with vehicle standards requirements under SPSV regulations;

(g) the fees to be charged in respect of applications for licences and other matters relating to licences;

(h) the format and content of a licence;

(i) the period of validity of a licence;

(j) in the case of the renewal of a licence, the period within which an application for the renewal of the licence has to be made before the expiry of the existing licence;

(k) information to be given to the licensing authority by the licence holder during the validity of the licence or upon its expiration, revocation or suspension;

(l) in the case of a licence issued to the driver of a taxi, a restriction on the area in which the driver may, with the taxi, stand at an appointed stand or ply for hire;

(m) in the case of a licence for a small public service vehicle, the requirements regarding-

(i) the ownership or possession of the vehicle,

(ii) the rental of the vehicle, and

(iii) any...

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