Taxi Regulation (Small Public Service Vehicle) Regulations 2015

• Jurisdiction: Ireland
• Citation: IR SI 33/2015
• Year: 2015

ARRANGEMENT OF REGULATIONS

PART 1

Preliminary and General

1. Citation

2. Commencement

3. Definitions and interpretation

4. Saver and revocation

PART 2

Licensing of Drivers of Small Public Service Vehicles

5. Application for new licence to drive small public service vehicles

6. SPSV Driver Entry Test

7. Form and duration of licence to drive small public service vehicles

8. Application for renewal of licence to drive small public service vehicles

9. Licence to drive a local area hackney

10. Exemption from requirement to hold a licence to drive small public service vehicles

11. Mandatory Area Knowledge Test

PART 3

Licensing of Small Public Service Vehicles

12. One licence, one vehicle

13. Grant of new small public service vehicle licence

14. Renewal of small public service vehicle licence

15. Period of validity of small public service vehicle licence

16. Change of vehicle

17. Replacement of expired licence

18. Death of licence holder

19. Form of vehicle licence certificate

20. Surrender of licence

21. Insurance

22. Local area hackney licence

23. Exemption from requirement to hold a small public service vehicle licence

PART 4

Vehicle Standards

24. Standard taxi vehicle requirements

25. Standard hackney and local area hackney vehicle requirements

26. Wheelchair accessible taxi vehicle requirements

27. Wheelchair accessible hackney vehicle requirements

28. Limousine vehicle requirements

29. Modified vehicles

30. Prohibition on fitment of taximeter

31. Maximum permissible age requirements

32. Mutual recognition

33. Prohibition on certain vehicles

34. Determination of passenger seating capacity

PART 5

Duties of Holders of Wheelchair Accessible Hackney Licences and Wheelchair Accessible Taxi Licences

35. Information to be provided to the Authority

36. Maintenance of records of bookings

37. Priority to persons with disabilities

PART 6

Duties of Drivers of Small Public Service Vehicles

38. Duties of drivers of small public service vehicles

39. Guide and other assistance dogs

PART 7

Operating Requirements

40. Maximum hours of operation

41. Limitation on number of passengers

42. Unfit vehicles and vehicle standards

43. Carriage of dangerous substances

44. Tamper proof disc

45. In-vehicle information

46. Taxi roof sign

47. Driver identification

48. Prohibition on advertising

49. Operation of small public service vehicle by another person

50. Rental or lease of small public service vehicle to another person

51. Notification of driving of a small public service vehicle

PART 8

Commencement of Hire and Payment of Fares

52. Commencement of hire and standing for hire

53. Taximeter

54. Calibration of taximeters to reflect maximum fares order

55. Booking fee

56. Taxi receipts

57. Hackney and limousine receipts

58. Area knowledge

59. Hire of hackney or limousine

PART 9

Licensing of Dispatch Operators

60. Requirement for dispatch operators to be licensed

61. Grant of dispatch operator licence

62. Period of validity of dispatch operator licence

63. Obligations of dispatch operators

PART 10

Penalties

64. Penal regulations

65. Substantial breach of regulations

66. Prescribed amount of fixed payment

67. Form of fixed payment notice

SCHEDULE 1

Fees

SCHEDULE 2

General Vehicle Requirements for Taxis

SCHEDULE 3

General Vehicle Requirements for Hackneys

SCHEDULE 4

Additional Requirements for Wheelchair Accessible Taxis and Wheelchair Accessible Hackneys

SCHEDULE 5

General Vehicle Requirements for Limousines

SCHEDULE 6

Taxi Branding

SCHEDULE 7

Wheelchair and Occupant Restraint Belt Anchorage Requirements (Static Test)

SCHEDULE 8

Fixed Payment Offences — Prescribed Amounts

SCHEDULE 9

Form of Fixed Payment Notice

S.I. No. 33 of 2015

TAXI REGULATION (SMALL PUBLIC SERVICE VEHICLE) REGULATIONS 2015

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd February, 2015.

The National Transport Authority, in exercise of the powers conferred on it by sections 7 , 8 , 20 , 48 , 56 and 68 of the Taxi Regulation Act 2013 (No. 37 of 2013), hereby makes the following regulations:

PART 1

PRELIMINARY AND GENERAL

Citation

1. These Regulations may be cited as the Taxi Regulation (Small Public Service Vehicle) Regulations 2015.

Commencement

2. These Regulations come into operation on 31 January 2015.

Definitions and interpretation

3. (1) In these Regulations—

“Act of 1961” means the Road Traffic Act 1961 (No. 24 of 1961);

“Act of 2003” means the Taxi Regulation Act 2003 (No. 25 of 2003);

“Act of 2004” means the Immigration Act 2004 (No. 1 of 2004);

“Area Knowledge Test” means an assessment by the Authority of a person’s knowledge of the geography, routes and place names of a particular geographical area and other matters relevant to the operation of a small public service vehicle in such area;

“booking fee” means a fee charged in respect of a taxi service that had been booked in advance by or on behalf of an intending passenger;

“booking service” means a service facilitating intending passengers to book, or to arrange the hire of, a small public service vehicle for one or more journeys, other than—

(a) a marshalling arrangement for small public service vehicles in a public place, or

(b) the provision of booking assistance on behalf of an intending passenger or other consumer at an information desk in a hotel, tourist office, airport, transport terminal or similar customer service facility;

“crew cab” has the meaning given to it in section 130 of the Finance Act 1992 ;

“Construction, Equipment and Use Regulations” means the Road Traffic Act (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2002;

“date of first registration” in the case of a vehicle means—

(a) the date the vehicle was first registered in the State under section 131 (1) of the Finance Act 1992 ,

(b) in case the vehicle was registered in another jurisdiction under corresponding legislation before registration in the State, the date the vehicle was first registered in that other jurisdictions, or

(c) in any other case, the date the vehicle first entered into service.

“dispatch operator licence” means a licence to operate as a dispatch operator or to provide a booking service;

“Industry Knowledge Test” means an assessment by the Authority of a person’s knowledge of the legislation and practices applying to the licensing and operation of small public service vehicles;

“kit car” means a vehicle consisting of separately manufactured components that is assembled by the purchaser or a party other than the manufacturer;

“limousine” means a small public service vehicle in respect of which a limousine licence has been granted;

“local area hackney” means a vehicle that is licensed in accordance with these Regulations to operate as a hackney in respect of a specified area;

“local area hackney driver’s licence” means a licence granted in respect of a person to drive a local area hackney for the carriage of persons for reward;

“local area hackney licence” means a small public service vehicle licence granted in respect of a local area hackney;

“maximum permissible age” in relation to a small public service vehicle means the age of such vehicle as determined in accordance with Regulation 31 beyond which that vehicle may not be licensed as a small public service vehicle of the relevant vehicle licence category;

“modified vehicle” means a vehicle that is not a standard mass produced passenger car including—

(a) a vehicle that has been converted from a goods or light goods vehicle without subsequent type approval,

(b) a vehicle that has been stretched,

(c) a kit car, or

(d) a vehicle where the seats, safety belts and safety belt anchorages are not original or the installation of these items is not original;

“non national” means a person to whom a permission has been given under the Act of 2004;

“non-commercial personal vehicle sharing service” means a personal vehicle sharing service operated without a gain for the person engaged in providing the service or another and where no payment is made to, or charges are levied by, the person operating the service in respect of the provision of the service;

“off-shore island” means an island forming part of the State but which is not connected to the rest of the State by any road or bridge;

“permission” has the meaning given to it by section 4 of the Act of 2004;

“personal vehicle sharing” means, in connection with a personal vehicle sharing service, the use of a private passenger motor vehicle by a person other than the registered owner of the vehicle or the person who is legally entitled to possession or use of the vehicle;

“personal vehicle sharing service” means a service providing arrangements to facilitate journeys by personal vehicle sharing;

“pick-up” has the meaning given to it in section 130 of the Finance Act 1992 ;

“Principal Act” means the Taxi Regulation Act 2013 (No. 37 of 2013);

“registered owner” has the meaning given to it by section 3(1) of the Act of 1961;

“spare wheel system” means the manufacturer’s original specification supply or—

(a) a wheel or rim fitted with a tyre suitable for use on any axle position and capable of being fitted to the vehicle for immediate use and suitable for such use,

(b) an apparatus capable of raising any wheel fitted to the vehicle to a reasonable height from the ground, and

(c) such tools as are necessary for the removal or replacement of any wheel or rim fitted with a tyre referred to in paragraph (a);

“SPSV Driver Entry Test” means an assessment comprising the Industry Knowledge Test and the Area Knowledge Test in respect of a single area of operation;

“SPSV Driver’s Identity Card” means the personal identity photographic card issued to drivers of small...