IE
S.I. No. 165/2014 - Small Public Service Vehicle (Consolidation and Reform) Regulations 2014.
Table of Provisions (70)
Statutory Text (70 Articles)
1. Road Traffic (Public Service Vehicles) Regulations 1963 (S.I. No. 191/1963) — Regulations 3(2), 3(3), 6, 9, 12, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 51, 52, 53, 54 and 55.
2. Road Traffic (Public Service Vehicles) (Amendment) Regulations 1968 (S.I. No. 273/1968).
3. Road Traffic (Public Service Vehicles) (Amendment) (No.2) Regulations 1970 (S.I. No. 200/1970) — Regulations 3, 6, 8, 9, 10, 11, 12, 13, 14 and 15.
4. Road Traffic (Public Service Vehicles) (Amendment) (No.3) Regulations 1970 (S.I. No. 252/1970).
5. Road Traffic (Public Service Vehicles)(Amendment) Regulations 1973 (S.I. No. 225/1973).
6. Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 1975. (S.I. No. 113/1975).
7. Road Traffic (Public Service Vehicles) (Amendment) Regulations 1976 (S.I. No. 24/1976).
8. Road Traffic (Public Service Vehicles) (Amendment) Regulations 1977 (S.I. No. 111/1977).
9. Road Traffic (Public Service Vehicles) (Amendment) Regulations 1983 (S.I. No. 273/1983).
10. Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 (S.I. No. 136/1995).
11. Road Traffic (Public Service Vehicles) (Amendment) Regulations 1998 (S.I. No. 47/1998).
12. Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1998 (S.I. No. 295/1998) — Regulation 5.
13. Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1999 (
S.I. No. 316 of 1999
).
14. Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 2000 (
S.I No. 255 of 2000
).
15. Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 2000 (
S.I. No. 367 of 2000
).
16. Road Traffic (Public Service Vehicles) (Amendment) Regulations 2001 (S.I. 38/2001).
17. Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 2001 (S.I. 534/2001).
18. Road Traffic (Public Service Vehicles) (Amendment) Regulations 2002 (S.I. No. 411/2002).
19. Road Traffic (Public Service Vehicles) (Amendment) Regulations 2004 (
S.I. No. 157 of 2004
).
20. Taxi Regulation Act 2003 (Small Public Service Vehicles) (Amendment and Licensing) Regulations 2007 (S.I. No. 710/2007).
21. Taxi Regulation Act 2003 (Grant of Hackney and Limousine Licence Fees) (Amendment) Regulations 2008 (S.I. No. 48/2008).
22. Taxi Regulation Act 2003 (Permitted Use of Small Public Service Vehicle Licences) Regulations 2008 (S.I. No. 233/2008).
23. Taxi Regulation Act 2003 (Wheelchair Accessible Hackney and Wheelchair Accessible Taxi Licences Contact Information and Record Maintenance) Regulations 2008 (S.I. No. 234/2008).
24. Taxi Regulation Act 2003 (Licensing of Dispatch Operators) Regulations 2008 (S.I. No. 342/2008).
25. Taxi Regulation Act 2003 (Maximum Fares) Order 2008 (S.I. No. 394/2008).
26. Taxi Regulation Act 2003 (Small Public Service Vehicle Skills Development Programme and Driver Licence Fee) Regulations 2009 (S.I. No. 166/2009).
27. Taxi Regulation Act 2003 (Licensing of Dispatch Operators) Regulations 2009 (S.I. No. 472/2009).
28. Taxi Regulation Act 2003 (Wheelchair Accessible Hackneys and Wheelchair Accessible Taxis — Vehicle Standards) Regulations 2010 (S.I. No. 248/2010).
29. Taxi Regulation Act 2003 (Suitability Inspection and Annual Licence Renewal Assessment of Small Public Service Vehicles) Regulations 2010 (S.I. No. 249/2010).
30. Taxi Regulation Act 2003 (Grant of Taxi Licences) (Amendment) Regulations 2010 (S.I. No. 250/2010).
31. Taxi Regulation Act 2003 (Wheelchair Accessible Hackneys and Wheelchair Accessible Taxis — Vehicle Standards) (Amendment) Regulations 2010 (S.I. No. 291/2010).
32. Taxi Regulation Act 2003 (Suitability Inspection and Taxi Roof Sign) (Amendment) Regulations 2010 (S.I. No. 549/2010).
33. Taxi Regulation Act 2003 (Vehicle Age Limit) (Amendment) Regulations 2011 (S.I. No. 103/2011).
34. Taxi Regulation Act 2003 (Driver Duties and Wheelchair Accessible Hackney and Wheelchair Accessible Taxi — Vehicle Standards) (Amendment) Regulations 2011 (S.I. No. 516/2011).
35. Taxi Regulation Act 2003 (Vehicle Size and Wheelchair Accessible Vehicles) (Amendment) Regulations 2011 (S.I. No. 667/2011).
36. Taxi Regulation Act 2003 (Taxi Branding) Regulations 2012 (S.I. No. 535/2012).
37. Taxi Regulation Act 2003 (Revised Vehicle Standards) Regulations 2012 (S.I. No. 536/2012).
38. Taxi Regulation Act 2003 (Fixed Charges Offences) Regulations 2012 (S.I. No. 537/2012).
39. Taxi Regulation Act 2003 (Amendment and Vehicle Licensing) Regulations 2012 (S.I. No. 538/2012).
40. Taxi Regulation Act 2003 (Revised Vehicle Standards and Fixed Charge Offences) (Amendment) Regulations 2013 (S.I. No. 48/2013).
Given under the seal of the National Transport Authority,
3 April 2014.
JOHN FITZGERALD,
Chairperson, National Transport Authority.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These regulations, made under the provisions of the
Taxi Regulation Act 2013
, consolidate and replace existing regulations set out in various statutory instruments relating to the small public service vehicle industry and, together with the
Taxi Regulation Act 2013
, provide the regulatory framework in relation to the licensing and operation of small public service vehicles.
41. A person shall not drive or use a small public service vehicle to carry passengers for reward where the number of passengers or intending passengers would exceed the maximum number of passengers stated on the small public service vehicle licence issued in respect of such vehicle.
Unfit vehicles and vehicle standards
42. (1) A person shall not drive or use a small public service vehicle for the carriage of persons for reward while the vehicle is unsafe or otherwise unfit for the carriage of persons.
(2) A person shall not drive or use a small public service vehicle for the carriage of persons for reward unless the vehicle meets the requirements of Part 4 of these Regulations applicable to a vehicle of the relevant vehicle licence category.
Carriage of dangerous substances
43. (1) Subject to paragraph (2) of this Regulation, a person shall not cause or permit any highly inflammable, dangerous or offensive article to be carried in a small public service vehicle.
(2) Paragraph (1) of this Regulation shall not operate so as to prohibit the carriage in a small public service vehicle of—
(
a
) fuel and lubricant necessary for the vehicle,
(
b
) any substance which is carried in containers so designed and constructed or which is so packed that in the event of an accident it is unlikely to cause damage or injury to the vehicle or to persons carried therein, or
(
c
) a firearm carried by a member of the Defence Forces or of the Garda Síochána.
Tamper-proof disc
44. (1) Subject to paragraph (2), a person shall not operate or purport to operate a small public service vehicle unless a valid tamper-proof disc is affixed, in such form and manner as the Authority may determine, to each of the front and rear windows of the vehicle.
(2) In the case of a limousine, the Authority may waive the requirement to have a valid tamper-proof disc affixed to the rear window of the vehicle.
(3) Subject to section 17 of the Principal Act, a person shall not, without the prior consent of the Authority, remove or attempt to remove, damage or otherwise interfere with a tamper-proof disc affixed to a small public service vehicle in accordance with this Regulation.
In-vehicle information
45. (1) The driver of a small public service vehicle shall display such in-vehicle information in such form and manner as the Authority may specify.
(2) Without prejudice to the generality of paragraph (1), the driver of a small public service vehicle shall display in-vehicle information as the Authority may specify relating to the rights and obligations of consumers relevant to the class of small public service vehicle concerned.
(3) A person shall not, without the prior consent of the Authority, remove or attempt to remove, damage or otherwise interfere with any in-vehicle information displayed in a small public service vehicle.
Taxi roof sign
46. (1) Where a taxi is being driven or used for the carriage of passengers for reward, a taxi roof sign shall be affixed to the vehicle in accordance with paragraph 19 of Schedule 2.
(2) A taxi roof sign referred to in paragraph (1) shall—
(
a
) where the vehicle is standing or plying for hire, be illuminated by means of the internal electric light installation, and
(
b
) where the vehicle has been hired by a passenger or intending passenger, not be illuminated.
(3) Where a passenger or intending passenger has given his or her prior consent and the journey is likely to exceed 30 kilometres, the taxi roof sign may be positioned longitudinally on the roof of the vehicle.
Driver identification
47. (1) Where a small public service vehicle is being driven or used for the carriage of passengers for reward or, in the case of a taxi, when standing or plying for hire, the driver of the vehicle shall display his or her SPSV Driver Display Card in a prominent place on the dashboard such that it is clearly visible to passengers in the rear of the vehicle and to persons standing in front of the vehicle.
(2) The SPSV Driver Display Card referred to in paragraph (1) shall contain the following information—
(
a
) the name of the driver,
(
b
) a photograph of the driver,
(
c
) the licence number of the driver’s licence to drive small public service vehicles,
(
d
) the expiry date of the driver’s licence to drive small public service vehicles,
(
e
) on the side of the card facing the front of the vehicle, the area or areas in respect of which the driver is authorised to stand or ply for hire,
(
f
) such security features as may be determined by the Authority, and
(
g
) such other relevant information as the Authority may from time to time determine.
Prohibition on advertising
48. (1) A person shall not display, or permit the display of, any sign or advertisement on the exterior, or on the interior such that it is visible from the exterior of the vehicle, of a hackney or limousine unless such sign or advertisement has been approved in writing by the Authority.
(2) The holder of a small public service vehicle licence shall not permit the use of any electronic advertising sign in or on the vehicle associated with the licence such that it is visible from the exterior of the vehicle unless such sign has been approved in writing by the Authority.
(3) A person shall not display, or permit the display of, any sign, symbol or advertisement in or on a small public service vehicle that contains threatening, discriminatory, obscene or offensive words or images.
(4) The holder of a taxi licence shall not display, or permit the display of, any sign or advertisement on the front doors of the vehicle associated with the licence other than the signage specified in Schedule 6.
(5) The holder of a taxi licence shall not display, or permit the display of, any sign or advertisement on the side doors (other than the front doors) of the vehicle associated with the licence—
(
a
) where the sign or advertisement is greater than 1,600 square centimetres in area, or
(
b
) where, in the case of more than one sign or advertisement on a door, the combined area of such signs or advertisements is greater than 1,600 square centimetres in area.
(6) The holder of a small public service vehicle licence shall not display, or permit the display of, any sign or advertisement on the exterior of the vehicle, or on the interior such that it is visible from the exterior of the vehicle, in relation to payment by credit or debit cards other than the sign set out in paragraph 19(
k
) of Schedule 2.
(7) The holder of a small public service vehicle licence shall not display, or permit the display of, on the exterior of the vehicle, or on the interior such that it is visible from the exterior of the vehicle, signs providing names, details or logos of industry representative groups.
Operation of small public service vehicle by another person
49. The holder of a small public service vehicle licence shall not allow a person to operate the vehicle to which such licence relates for the carriage of passengers for reward unless the licence holder—
(
a
) is satisfied that the proposed driver holds a licence to drive small public service vehicles,
(
b
) provides, and maintains, insurance provided by a vehicle insurer (within the meaning of section 58 of the Act of 1961) in respect of passengers carried for reward by the proposed driver in such vehicle,
(
c
) keeps a written record of—
(i) the name and address of any persons who drive the vehicle for the carriage of passengers for reward,
(ii) the periods of use of the vehicle by any persons referred to in sub-paragraph (
c
)(i), and
(iii) the details of the small public service vehicle driver licence of any persons referred to in sub-paragraph (
c
)(i), including the licence numbers and expiry dates thereof, and
(
d
) promptly makes available to the Authority, at the request of the Authority, the records referred to in sub-paragraph (
c
) or copies thereof.
Rental or lease of small public service vehicle to another person
50. The holder of a small public service vehicle licence shall not enter into any rental, leasing or similar arrangement in respect of the driving or use of the vehicle for the carriage of passengers for reward by another person unless the licence holder—
(
a
) is satisfied that the proposed driver holds a licence to drive small public service vehicles,
(
b
) provides, and maintains, during the period of such rental, leasing or similar arrangement insurance provided by a vehicle insurer (within the meaning of section 58 of the Act of 1961) in respect of passengers carried for reward by the proposed driver in such vehicle,
(
c
) in the case of a taxi, ensures that the vehicle is fitted with a taximeter in accordance with Regulation 54,
(
d
) ensures that at the commencement of the rental, leasing or similar arrangement, the vehicle meets any requirements in relation to vehicle standards contemplated by these Regulations,
(
e
) prior to the proposed driving or use of the vehicle by another person pursuant to a rental, leasing or similar arrangement, notifies the Authority of—
(i) the period of arrangement, and
(ii) the identity of the other party or parties to the arrangement,
(
f
) in the case of an applicant who is a non-national, obtains a written declaration by such person that the conditions of his or her permission do not preclude him or her from operating a business or being self-employed in the State,
(
g
) holds—
(i) a copy of the licence referred to in sub-paragraph (
a
),
(ii) evidence of the insurance referred to in sub-paragraph (
b
) and
(iii) evidence that the conditions of the permission referred to in sub-paragraph (
f
) do not preclude him or her from operating a business or being self-employed in the State, and
(
h
) at the request of the Authority, promptly provides a copy of the records referred to in sub-paragraph (
g
) and any written agreement evidencing the rental, leasing or similar arrangement.
Notification of driving of a small public service vehicle
51. (1) Subject to paragraphs (2) and (3), the holder of a licence to drive small public service vehicles shall not drive a vehicle as a small public service vehicle unless, prior to driving such vehicle, he or she notifies the Authority of the proposed driving of such vehicle.
(2) A notification under paragraph (1) shall be accompanied by such information as the Authority may determine in relation to the vehicle including, without limitation, identification details of the vehicle and the proposed period of operation of the vehicle.
(3) A notification made by a licence holder under paragraph (1) in respect of a vehicle shall expire, and shall no longer be valid in respect of such vehicle, upon the licence holder making a subsequent notification to the Authority in relation to a different vehicle.
(4) A person shall not knowingly make a false or misleading notification under this Regulation.
PART 8
COMMENCEMENT OF HIRE AND PAYMENT OF FARES
Maximum Fares Order
52. For the purposes of section 24 of the Principal Act, the fares contained in Schedule 10 are fixed as the maximum fares that may be charged by the driver of a taxi in respect of a journey undertaken by taxi.
Commencement of hire and standing for hire
53. (1) Subject to paragraph (2), the hiring of a small public service vehicle shall be deemed to commence at the time the driver agrees to accept the hire.
(2) The hiring of a pre-booked small public service vehicle shall commence at the time and place agreed with the person who pre-booked the vehicle.
(2) For the purposes of section 25(3) of the Principal Act, where a vehicle fitted with a taxi roof sign is stationary in a public place other than an appointed stand, and such vehicle is not occupied by a person other than the driver, the driver of the vehicle shall be deemed to be standing for hire at a place other than an appointed stand.
Taximeter
54. (1) Taxis shall be fitted with a taximeter complying with the requirements of paragraph 20 of Schedule 2.
(2) A person shall not drive or operate a taxi for the carriage of persons for reward unless—
(
a
) a taximeter is fitted to the vehicle in accordance with paragraph (1), and
(
b
) the taximeter fitted to the vehicle has been calibrated in accordance with Regulation 55.
(3) The driver of a taxi shall not cause or permit the taximeter fitted to such vehicle to be engaged while the vehicle is standing or plying for hire.
(4) Except where there is a prior written agreement between the driver or operator of a taxi and the passenger confirming—
(
a
) the charge for the pre-booked service, and
(
b
) that the passenger waives his or her right to have the fare calculated on the taximeter,
all fares in respect of journeys undertaken by a taxi shall be calculated using a taximeter fitted and calibrated in accordance with these Regulations provided that where payment is made using a credit card or debit card, an additional charge not exceeding 5% of the amount stated on the taximeter may be added to the amount payable in respect of the journey.
(5) The driver or operator of a taxi and any dispatch operator in respect of which the taxi is affiliated—
(
a
) shall not impose a minimum fare value as a condition of payment of the taxi fare by credit card or debit card, and
(
b
) shall, if requested by the passenger or intending passenger, accept payment in cash in respect of such taxi fare.
Calibration of taximeters to reflect maximum fares order
55. Where a maximum fares order is made by the Authority, the holder of a taxi licence shall, within 21 days of the date on which the maximum fares order comes into operation, ensure that his or her taximeter is calibrated in accordance with such maximum fares order.
Booking fee
56. A booking fee shall not be charged in respect of a journey by taxi unless the vehicle is pre-booked by, or on behalf of, the intending passenger and shall not be charged where the taxi is engaged—
(
a
) while plying for hire or standing for hire, or
(
b
) without having been booked in advance by the consumer, at any location including an airport or other transport station or terminal.
Taxi receipts
57. (1) Where a maximum fares order is made by the Authority, the driver of a taxi shall, upon completion of the journey, provide a receipt to the passenger in accordance with paragraph (2).
(2) A receipt referred to in paragraph (1) shall contain at least the following information—
(
a
) the total fare payable in respect of the hire,
(
b
) an itemised breakdown of any extra charges lawfully payable,
(
c
) the date, starting time and finishing time of the hire,
(
d
) the total distance travelled in kilometres (stated to at least one decimal place),
(
e
) the small public service vehicle licence number of the vehicle,
(
f
) the unique identification mark (registration number) of the vehicle,
(
g
) the receipt number (in sequential order),
(
h
) a reasonable space headed “Tips/Discounts/Tolls”, and
(
i
) such other information as may be determined by the Authority.
Hackney and limousine receipts
58. (1) Except where—
(
a
) a passenger avails of a pre-existing payment account, or
(
b
) a limousine is hired as part of a wedding or funeral service,
the driver of a hackney or limousine shall, upon completion of the journey, provide a receipt to the passenger in accordance with paragraph (2).
(2) A receipt referred to in paragraph (1) shall contain at least the following information—
(
a
) the receipt number,
(
b
) the unique identification mark (registration number) of the vehicle,
(
c
) the small public service vehicle licence number of the vehicle,
(
d
) the date,
(
e
) the amount charged in respect of the journey, and
(
f
) such other information as may be determined by the Authority.
Area knowledge
59. (1) A driver of a taxi shall not ply for hire other than in an area in which he or she is licensed to stand or ply for hire in accordance with a licence granted under Part 2 of these Regulations.
(2) It is a condition of a licence to drive a small public service vehicle that the holder of such licence to drive a small public service vehicle has adequate knowledge of the area in which he or she is licensed to stand or ply for hire.
(3) If requested by the Authority, the holder of a licence to drive a small public service vehicle shall provide evidence, in form and substance satisfactory to the Authority, that he or she has adequate knowledge of the area in which he or she is licensed to stand or ply for hire.
Hire of hackney or limousine
60. (1) Except where a limousine is hired as part of a wedding or funeral service, the driver of a hackney or limousine shall in respect of each hire carry a booking record in the vehicle during the period of such hire and during the journey to the point of commencement of the hire which sets out—
(
a
) the points of commencement and completion of the hire,
(
b
) the name of the person who hired the vehicle,
(
c
) the contact details of the person referred to in sub-paragraph (
b
), and
(
d
) the fare agreed for the hire.
(2) The booking record referred to in paragraph (1) shall be made available for inspection by the person who hired the vehicle on request.
PART 9
LICENSING OF DISPATCH OPERATORS
Requirement for dispatch operators to be licensed
61. A person shall not operate as a dispatch operator or provide a booking service in respect of small public service vehicles, other than limousines, unless such person holds a dispatch operator licence granted by the Authority under Regulation 62.
Grant of dispatch operator licence
62. The Authority may grant a licence to a person to act as a dispatch operator or to provide booking services in respect of small public service vehicles, provided that—
(
a
) produces a valid tax clearance certificate for the time being in force in respect of the applicant under section 1095 (inserted by
section 127
of the
Finance Act 2002
) of the
Taxes Consolidation Act 1997
,
(
b
) provides to the Authority the contact information used for the purposes of making or receiving bookings in relation to drivers affiliated with the dispatch operator or person providing the booking services including details of any trading name being used or proposed to be used by the applicant, and
(
c
) pays to the Authority the appropriate fee specified in Schedule 1.
Period of validity of dispatch operator licence
63. A dispatch operator licence granted by the Authority shall remain in force until the earlier of—
(
a
) the expiry of a period of twelve months from the date of its grant or renewal under Regulation 62,
(
b
) the surrender of the licence by the licence holder, and
(
c
) the revocation of the licence under the Principal Act.
Obligations of dispatch operators
64. (1) A dispatch operator or provider of a booking service shall only provide bookings to a driver where—
(
a
) the driver holds a licence to drive small public service vehicles, and
(
b
) there is a small public service vehicle licence in force in respect of the vehicle to be used by the driver to provide the services.
(2) A dispatch operator or provider of a booking service shall maintain a complete and up-to-date list of all vehicles and driver licences in respect of which he or she is providing a booking service and shall make such list available to the Authority promptly upon request.
(3) A person shall not promote, offer or advertise, or procure the promotion, offer or advertising of, a service for the booking of a small public service vehicle for hire unless such person holds a dispatch operator licence.
(4) A dispatch operator or provider of a booking service shall put in place a consumer complaints procedure to effectively address any complaints received from users of the booking service and shall provide details of such procedure available to the Authority promptly upon request.
(5) A dispatch operator or provider of a booking service shall put in place a record management procedure in relation to any bookings and complaints received and shall make such records available to the Authority promptly upon request.
(6) A dispatch operator or provider of a booking service shall notify the Authority of any change of name or address associated with his or her dispatch operator licence, including a change to any trading name used in relation to the services, within fourteen days of such change.
PART 10
PENALTIES
Penal regulations
65. Regulations 21, 22(4), 24, 25, 26, 27, 28, 29(9), 30, 35(1), 35(4), 36, 37, 38, 39, 40, 41, 42, 43, 44, 45(1), 45(3), 46, 47, 48, 49, 50, 51, 53, 54, 55, 56, 57, 58, 59, 60, 61, 64 are penal regulations for the purposes of section 20(4) of the Principal Act.
Substantial breach of regulations
66. A contravention of regulation 21, 38(5)(
a
), 38(5)(
d
), 40, 41, 42, or 50 is a substantial breach of the regulations for the purposes of section 20(3) of the Principal Act.
Prescribed amount of fixed payment
67. The amount prescribed for a fixed payment offence is the amount indicated in column (3) of the table in Schedule 8 opposite the relevant fixed payment offence listed in column (1) of the table.
Form of fixed payment notice
68. The form of notice set out in Schedule 9 is prescribed as the form of fixed payment notice.
PART 11
AMENDMENTS AND REVOCATIONS
Amendment of Regulations made under section 82 of the 1961 Act
69. (1) The Road Traffic (Public Service Vehicles) Regulations 1963 (S.I. 191 of 1963) are amended by inserting after article 4 the following—
“4A.These Regulations shall not apply to small public service vehicles (within the meaning of
section 2
of the
Taxi Regulation Act 2013
(No. 37 of 2013)).”.
(2) The Road Traffic (Public Service Vehicles) (Licensing) Regulations 1978 (S.I. 292 of 1978) are hereby amended by substituting for article 4 the following—
“4.(1) These Regulations shall not apply to small public service vehicles (within the meaning of
section 2
of the
Taxi Regulation Act 2013
(No. 37 of 2013)).
(2) Articles 10, 11, 19, 21 and 22 shall not apply to large public service vehicles owned or operated by a statutory undertaker.”.
Revocation of Regulations made under the 2003 Act and section 82 of the 1961 Act
70. The Regulations specified in Schedule 11 are hereby revoked to the extent specified.
SCHEDULE 1
Fees