S.I. No. 33/2015 - Taxi Regulation (Small Public Service Vehicle) Regulations 2015.

1. In respect of the offence alleged in this notice you may, during the period of 28 days, beginning on the date of this notice, pay a fixed charge of €______________ to the National Transport Authority at the address below.

2. If no payment is made during the period specified in (1) you may, during the period 28 days beginning on the expiration of that period, pay a fixed charge of an amount 50 per cent greater than the prescribed amount referred to in (1) to the National Transport Authority at the address below.

3. A fixed payment made under this notice must be accompanied by all of this notice, if payment is made in person or by post.

4. You are not obliged to make the above payment. However, in the event that you choose not to make such payment, you may be prosecuted in respect of the offence specified in this notice.

5. You will not be prosecuted—

(

a

) during the period specified in (1) and (2), or

(

b

) at all,

if the correct payment, in accordance with this notice, during that period, is made in respect of the offence specified in this notice.

6. The offence alleged is/is not (

strike out whichever is not applicable

) a demerit offence (within the meaning of Part 5 of the

Taxi Regulation Act 2013

). If the alleged offence relates to a demerit offence a total of ______________ (

specify

) demerits will be endorsed on your SPSV licence record (within the meaning of Part 5 of the

Taxi Regulation Act 2013

) upon payment of the amount set out in (1) or (2) above and a total of ______________ (

specify

) demerits will be endorsed on your SPSV licence record if you do not pay the amount set out in (1) or (2) above and are subsequently convicted of this offence.

7. All fixed payments made under

section 48

of the

Taxi Regulation Act 2013

shall be paid to the National Transport Authority, (

insert address

) and shall be so paid (otherwise than in cash) by cheque, money order or postal order, or by such other means as the Authority for the time being considers appropriate. (

State other payment means information if applicable

)

GIVEN under the seal of the National Transport Authority,

30 January 2015.

JOHN FITZGERALD,

Chairperson, National Transport Authority.

EXPLANATORY NOTE IN RELATION TO

Taxi Regulation (Small Public Service Vehicle) Regulations 2015

The primary purpose of the Taxi Regulation (Small Public Service Vehicle) Regulations 2015 (the “Regulations”) is to amend and restate the Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (the “2014 Regulations”). The purpose of the 2014 Regulations was to further develop the statutory framework established by the

Taxi Regulation Act 2013

(the “Principal Act”) for the regulation of small public service vehicles (“SPSVs”) and their drivers. The Regulations contain a number of amendments to the 2014 Regulations having regard to, among other things, the amendments to be made to the Principal Act by the Public Transport Bill 2014.

The Regulations contain 10 Parts and 9 Schedules. The main provisions are summarised below.

In this note, a reference to “the Authority” is to the National Transport Authority.

This note is not part of the Regulations and does not purport to be a legal interpretation.

Part 1 — Preliminary and General

This Part contains standard provisions in relation to citation and commencement of the Regulations. Part 1 also sets out standard provisions regarding definitions of key terms used in the Regulations.

Regulation 4 contains a saver for valid licences granted prior to the coming into force of the Regulations.

Part 2 — Licensing of Drivers of Small Public Service Vehicles

This Part sets out the regulatory regime for the licensing of drivers of small public service vehicles.

Among other things, this Part sets out the requirements in relation to

(

a

) applications for

(i) a new licence to drive SPSVs;

(ii) the renewal of a licence to drive SPSVs; and

(iii) a licence to drive a local area hackney;

(

b

) the documents and other evidence to be provided by an applicant to the Authority in connection with his or her application;

(

c

) the entry test for new SPSV drivers;

(

d

) the form and duration of licences to drive SPSVs, including the rules governing the expiry of such licences;

(

e

) certain exemptions from the requirement to hold a licence to drive SPSVs in respect of persons providing a non-commercial personal vehicle sharing service or operating a vehicle under a contract of employment where the operation of such vehicle is solely for the carriage of the owner of the vehicle (or persons nominated by the owner of the vehicle); and

(

f

) the area knowledge of a driver of a SPSV.

The relevant fees in respect of applications for licences to drive SPSVs are set out in Schedule 1.

Part 3 — Licensing of Small Public Service Vehicles

This Part sets out the regulatory regime for the licensing of small public service vehicles. The underlying principle in Part 3 is that only one licence may be in force in respect of a vehicle at any time.

Among other things, this Part sets out the requirements in relation to applications for a new SPSV licence or the renewal of an existing SPSV licence. This Part specifies the documents and other evidence to be provided by an applicant to the Authority in connection with his or her application including

(

a

) a valid NCT certificate;

(

b

) a tax clearance certificate;

(

c

) evidence of an approved policy of insurance; and

(

d

) in the case of an applicant who is a non-national, a declaration by such person that the conditions of his or her permission do not preclude him or her from operating a business or self- employed in the State;

Regulation 16 sets out the various rules governing the periods of validity of a SPSV licence. Subject to certain exceptions, the general rule is that a SPSV licence expires on the earlier of

(

a

) the date falling one year after the date on which the licence was granted;

(

b

) the date the vehicle reaches its maximum permissible age;

(

c

) the surrender or revocation of the licence; or

(

d

) the date on which the licence holder ceases to be legally entitled to use and possession of the vehicle.

Subject to certain exemptions in relation to existing vehicles, limousines and wheelchair accessible vehicles, the maximum permissible age of a vehicle is 10 years from the date of first registration of the vehicle.

It is permissible under this Part for the holder of a SPSV licence to apply to the Authority for the continuance in force of the licence in respect of a different vehicle. Regulation 16 sets out the detailed requirements and restrictions relating to such applications, including the documents or other evidence to be provided to the Authority.

Part 3 contains a number of technical provisions dealing with matters such as the death of a licence holder, insurances, the surrender of a licence, the form of licence to be granted by the Authority and certain exemptions from the requirement to hold a SPSV licence. In addition, this Part includes an application procedure in relation to a new category of SPSV licence; namely, a local area hackney licence.

Schedule 1 sets out the fees to be paid in connection with the matters contemplated by Part 3.

Part 4 — Vehicle Standards

The detailed technical requirements and standards relating to SPSVs are set out in Schedules 2 to 7 of the Regulations. The Regulations in this Part 4 incorporate, and apply, such detailed technical requirements and standards by reference to the relevant Schedules. For example, Regulation 24 provides that standard taxis shall comply with the vehicle standards and requirements specified in Schedule 2 (General Vehicle Requirements for Taxis).

In addition, this Part contains provisions relating to modified vehicles (including the requirement for a technical assessor’s report), a prohibition on crew cabs and pick-ups and a mutual recognition provision whereby a vehicle may satisfy the technical requirements of Part 4 by complying with certain European and/or international standards.

Part 5 — Duties of Holders of Wheelchair Accessible Hackney Licences and Wheelchair Accessible Taxi Licences

The primary purpose of Part 5 of the Regulations is to ensure that the holders of SPSV licences associated with wheelchair accessible vehicles give priority to bookings in respect of persons with disabilities, including persons who wish to travel in their wheelchairs.

This Part also sets out requirements in relation to the information to be provided to the Authority by the holders of SPSV licences associated with wheelchair accessible vehicles and the maintenance of records by such persons. Using the information furnished to it by licence holders, the Authority is permitted to publicise information to assist consumers who wish to avail of, or to book, a wheelchair accessible taxi or wheelchair accessible hackney.

Part 6 — Duties of Drivers of Small Public Service Vehicles

The focus of this Part is on the duties of drivers of SPSVs when carrying passengers for reward. Among other things, this Part sets out the requirements in relation to

(

a

) carrying passengers and their luggage in accordance with the reasonable directions of the passenger;

(

b

) advance payment in respect of services not yet rendered;

(

c

) the provision of reasonable assistance to passengers and the taking of reasonable precautions to ensure the safety of passengers; and

(

d

) except where the driver is unable, for medical reasons, to carry a dog in his or her vehicle, the carrying of guide dogs or other assistance dogs.

Finally, this Part provides that the driver of a SPSV shall not while standing or plying for hire or carrying passengers for reward act in a manner that is abusive, threatening, offensive or discriminatory to any passenger or intending passenger.

Part 7 — Operating Requirements

This Part contains Regulations in relation to the operation of SPSVs including, among other things, Regulations in relation to

(

a

) the maximum hours of operation of SPSVs;

(

b

) a limitation on the number of passengers that may be carried;

(

c

) unfit vehicles; and

(

d

) the carriage of dangerous substances.

In addition, this Part provides for certain requirements in relation to the identification of SPSVs and their drivers. In particular, this Part requires

(

a

) a tamper proof disc to be affixed to the vehicle;

(

b

) certain in-vehicle information to be provided for the benefit of passengers;

(

c

) a roof sign to be affixed in the case of taxis; and

(

d

) the driver of a SPSV to display a SPSV Driver Display Card containing the information specified in the Regulation 48.

Part 7 contains detailed provisions in relation to the operation of a SPSV by a person who is not the licence holder and certain restrictions in relation to the rental or lease of a SPSV to another person.

Finally, Regulation 51 contains requirements in relation to the details to be given to the Authority before a person operates a SPSV including identification details of the vehicle and the proposed period of operation of the vehicle.

Part 8 — Commencement of Hire and Payment of Fares

Part 8 is primarily concerned with the payment of fares by passengers. This Part sets out requirements in relation to

(

a

) the commencement of hire of vehicles;

(

b

) the calibration and operation of taximeters;

(

c

) booking fees; and

(

d

) the receipts that must be printed and offered to passengers.

Part 9 — Licensing of Dispatch Operators

This Part sets out the regulatory regime for the licensing of dispatch operators. Under this Part, the Authority is empowered to issue licences to persons to act as a dispatch operator or to provide booking services in respect of small public service vehicles. Regulation 63 provides for the period of validity of a dispatch operator licence. Regulation 64 sets out the obligations of dispatch operators.

Part 10 — Penal Regulations

Part 10 identifies the penal regulations and substantial breaches of the Regulations for the purposes of the Principal Act.

In particular, Regulation 64 sets out the penal regulations for the purpose of

section 20

(4) of the

Taxi Regulation Act 2013

. A person who fails to comply with or contravenes a Regulation specified in Regulation 64 commits an offence and is liable on summary conviction to a Class C fine.

Regulation 65 sets out each penal regulations breach of which is a “substantial breach” for the purposes of

section 20

(3) of the

Taxi Regulation Act 2013

. A person who fails to comply with or contravenes a Regulation specified in Regulation 65 commits an offence and is liable on summary conviction to a Class A fine.

Finally, Part 10 prescribes that the form of fixed payment notice to be issued in connection with a fixed payment offence is specified in Schedule 9 and the amount payable in respect of a fixed payment offence is the amount specified in Schedule 8 in respect of that offence.

Schedules

There are 9 Schedules to the Regulations, each providing for certain technical matters relating to the foregoing Parts, as follows

• Schedule 1 — Fees;

• Schedule 2 — General Vehicle Requirements for Taxis;

• Schedule 3 — General Vehicle Requirements for Hackneys;

• Schedule 4 — 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; and

• Schedule 9 — Form of Fixed Payment Notice.

8. The exterior paint of the vehicle shall exhibit good colour consistency without paint or bodywork repairs in progress.

Passenger Compartment Temperature

9. Other than in respect of a vehicle exceeding thirty years of age, the vehicle shall be capable of maintaining a passenger compartment temperature of 20 degrees centigrade during an external ambient temperature of minus 5 degrees centigrade.

Safety Equipment and Communications

10. (1) The vehicle shall safely carry the following articles—

(

a

) subject to paragraph (2), a spare wheel system,

(

b

) a first-aid kit, being a within date first aid kit complying with DIN (Deutsches Institut fur Normung) 13164 or comparable travel kit recommended by the Health and Safety Authority,

(

c

) a fire extinguisher, meaning a fire extinguisher in serviceable condition complying with EN3 and suitable for inflammability classes A, B and C, with a minimum capacity of 2 kilogrammes of dry powder or an equivalent capacity for any other suitable extinguishing agent,

(

d

) a reflective advance warning triangle to standard ECE Regulation 27,

(

e

) a high visibility reflective safety vest to standard ANSI 107, BS EN 471 or CEN 471 or equivalent,

(

f

) a working handheld torch, and

(

g

) a pen and paper.

(2) The Authority may reduce the requirements of paragraph (

a

) where the vehicle concerned exceeds thirty years of age or the vehicle is a series production electric vehicle, a series production hybrid electric vehicle, a series production flexible fuel vehicle or a series production plug-in hybrid electric vehicle, or a vehicle adapted for liquefied petroleum gas or compressed natural gas.

Interior Lighting

11. The standard fitment interior lighting of the vehicle shall be in operational condition.

Seat Structure Requirements

12. (1) Subject to paragraph (2), the vehicle shall be fitted with safety belts, belt anchorages, seats, seat anchorages, seat mechanisms, and head restraints that comply with the technical provisions of the relevant passenger car (M1) EC/UNECE standards and documentary evidence of such compliance shall be available in respect of any vehicle modifications.

(2) Where—

(

a

) in the case of the renewal of a limousine licence, the vehicle to which the licence relates was associated with such licence on the date that these Regulations entered into force, or

(

b

) the Authority is satisfied that the design and construction characteristics of the vehicle are of a unique or particular design such that compliance with the specifications in paragraph (1) cannot be reasonably accommodated,

the vehicle shall have safety belts, belt anchorages, seats, seat anchorages, seat mechanisms, and head restraints which comply with the relevant requirements of the Construction, Equipment and Use Regulations.

(3) Each passenger seat in a vehicle shall—

(

a

) have a minimum squab width of 400 millimetres, and

(

b

) shall be firmly and securely fixed in the vehicle when in a position for passenger occupation.

Modified Vehicles

13. Documentation in accordance with Regulation 29 is required in respect of all modified vehicles.

Paragraph 21 of schedule 2

SCHEDULE 6

Taxi Branding

Part 1

Part 2

Regulation 29

Paragraph 10 of Schedule 4

SCHEDULE 7

Wheelchair and Occupant Restraint Belt Anchorage Requirements

(Static Test)

14. The vehicle which shall be fitted with slip-resistant flooring. Any transitions between the floor and the doorways or seats shall be delineated in a bright colour contrasting to the colour scheme of the general interior.

Intercom and Induction Loop

15. Where a vehicle is fitted with a full dividing screen, partition or bulkhead between the driver and passenger compartment, the vehicle shall be fitted with an intercom and induction loop. Where an intercom and induction loop is fitted, signage shall be clearly displayed in the passenger compartment to advise passengers of these facilities.

Accessibility Symbol (wheelchair accessible hackney only)

16. A wheelchair accessible hackney shall display externally on a passenger door the following symbol or a substantially similar symbol of not less than 105mm in height and of a clearly contrasting colour

Modified Vehicles

17. Documentation in accordance with Regulation 29 is required in respect of all modified vehicles.

Regulation 28 and 29

SCHEDULE 5

General Vehicle Requirements for Limousines

Vehicle Weight and General Characteristics

18. Except where a vehicle is associated with a standard hackney licence first granted before 1 January 2009, and was associated with that licence on 1 January 2013, the vehicle shall comply with the following requirements—

(

a

) the top of any uncompressed front passenger seat squab shall be at least 275 millimetres from the floor of the vehicle,

(

b

) the top of any uncompressed passenger seat squab other that a front passenger seat squab shall be at least 275 millimetres and not more than 460 millimetres from the vehicle floor at the front of the squab,

(

c

) there shall be at least 650 millimetres measured longitudinally and horizontally from the front face of the backrest at uncompressed squab height to the rear face of the seat or the surface immediately in front of the seat,

(

d

) where seats face each other, there shall be at least 1300 millimetres measured longitudinally and horizontally between the front faces of the opposing backrests at uncompressed squab height, and

(

e

) the shoulder room of at least one row of rear seats shall be a minimum of 1,360 millimetres.

Seat Structure Requirements

19. (1) Subject to paragraph (2), the vehicle shall be fitted with safety belts, belt anchorages, seats, seat anchorages, seat mechanisms, and head restraints that comply with the technical provisions of the relevant passenger car (M1) EC/UNECE standards and documentary evidence of such compliance shall be available in respect of any vehicle modifications.

(2) In respect of the renewal of a standard hackney licence relating to a vehicle associated with such licence on the date that these Regulations entered into force, the vehicle shall have safety belts, belt anchorages, seats, seat anchorages, seat mechanisms, and head restraints which comply with the relevant requirements of the Construction, Equipment and Use Regulations.

Modified Vehicles

20. Documentation in accordance with Regulation 29 is required in respect of all modified vehicles.

Regulations 26, 27 and 29

SCHEDULE 4

Additional Requirements for Wheelchair Accessible Taxis and Wheelchair Accessible Hackneys

Vehicle Specification

21. (1) A vinyl self-adhesive approved external sign in the form and colours specified in Part 1 or Part 2 of Schedule 6 shall be affixed to the front door on the left side and the front door on the right side of the vehicle. Such signs shall—

(

a

) be affixed by a supplier authorised by the Authority;

(

b

) be affixed in a semi-permanent manner that is not capable of being removed in the ordinary course;

(

c

) be complete, in good condition and free from any significant blemish;

(2) An approved external sign affixed to a taxi by an authorised supplier in accordance with paragraph (1) shall prior to being affixed to the vehicle, be customised by such authorised supplier by inserting the taxi licence number of the vehicle in the space marked “XXXXX” in the form of approved external sign specified in Part 1 or Part 2 of Schedule 6, as the case may be.

(3) It is not permissible to affix magnetic signs of the form specified in Schedule 6, or resembling the form specified in Schedule 6, to the exterior doors of a vehicle.

Seat Structure Requirements

22. (1) Subject to paragraph (2), the vehicle shall be fitted with safety belts, belt anchorages, seats, seat anchorages, seat mechanisms, and head restraints that comply with the technical provisions of the relevant passenger car (M1) EC/UNECE standards and documentary evidence of such compliance shall be available in respect of any vehicle modifications.

(2) In respect of the renewal of a standard taxi licence relating to a vehicle associated with such licence on the date that these Regulations entered into force, the vehicle shall have safety belts, belt anchorages, seats, seat anchorages, seat mechanisms, and head restraints which comply with the relevant requirements of the Construction, Equipment and Use Regulations.

Modified Vehicles

23. Documentation in accordance with Regulation 29 is required in respect of all modified vehicles.

Regulations 27 and 29

SCHEDULE 3

General Vehicle Requirements for Hackneys

Vehicle Weight and General Characteristics

24. Standard taxis shall comply with the vehicle standards and requirements specified in Schedule 2.

Standard hackney and local area hackney vehicle requirements

25. (1) Subject to paragraph (2), standard hackneys and local area hackneys shall comply with the vehicle standards and requirements specified in Schedule 3.

(2) Local area hackneys shall be exempt from the requirements of paragraph 16 of Schedule 3.

Wheelchair accessible taxi vehicle requirements

26. (1) Subject to paragraph (2), wheelchair accessible taxis shall comply with the vehicle standards and requirements specified in Schedules 2 and 4.

(2) Where a vehicle is associated with a wheelchair accessible taxi licence first granted on or before 8 June 2010 and was associated with such licence on 1 January 2013, such vehicle shall be exempt from the requirements of—

(

a

) paragraph 5 (Provision of Access Step) of Schedule 4,

(

b

) paragraph 6 (Access Step Requirements) of Schedule 4,

(

c

) paragraph 7 (Access Step Integrity) of Schedule 4,

(

d

) paragraph 8 (Kneeling Suspension System Requirements) of Schedule 4,

(

e

) paragraph 11 (User Manual) of Schedule 4,

(

f

) paragraph 12 (Handholds) of Schedule 4,

(

g

) paragraph 13 (Targeted Interior Lighting) of Schedule 4,

(

h

) paragraph 14 (Flooring) of Schedule 4, and

(

i

) paragraph 15 (Intercom and Induction Loop) of Schedule 4.

Wheelchair accessible hackney vehicle requirements

27. Wheelchair accessible hackneys shall comply with the vehicle standards and requirements specified in Schedules 3 and 4.

Limousine vehicle requirements

28. Limousines shall comply with the vehicle standards and requirements specified in Schedule 5.

Modified vehicles

29. (1) An application for—

(

a

) the grant of a new wheelchair accessible taxi licence or new wheelchair accessible hackney licence, or

(

b

) the continuance in force of a wheelchair accessible taxi licence or wheelchair accessible hackney licence in respect of a different vehicle,

shall be accompanied by a technical assessor’s full report dated not more than 60 days before the date of the application and an information package containing formal test data confirming that the vehicle (referenced by its VIN) complies with—

(i) in the case of an application in relation to a wheelchair accessible taxi licence, the vehicle standards and requirements specified in Schedules 2, 4 and 7, and

(ii) in the case of an application in relation to a wheelchair accessible hackney licence, the vehicle standards and requirements specified in Schedules 3, 4 and 7.

(2) An application for the renewal of a wheelchair accessible taxi licence first granted on or before 8 June 2010 shall—

(

a

) in the case of the first renewal of such licence on or after 1 January 2016, and

(

b

) upon the expiry of each subsequent period of five years since the first renewal of such licence under sub-paragraph (

a

),

be accompanied by a technical assessor’s basic report dated not more than 60 days before the date of the application confirming that the vehicle (referenced by its VIN) complies with the relevant vehicle standards and requirements specified in Schedules 2, 4 and 7 for such vehicle.

(3) An application for—

(

a

) the grant of a new standard taxi licence, a new standard hackney licence or a new local area hackney licence in respect of a modified vehicle, or

(

b

) the continuance in force of a standard taxi licence, standard hackney licence or local area hackney licence in respect of a different vehicle that is a modified vehicle,

shall be accompanied by a technical assessor’s full report dated not more than 60 days before the date of the application and information package confirming that the vehicle (referenced by its VIN) complies with—

(i) in the case of an application in relation to a standard taxi licence, the vehicle standards and requirements specified in Schedule 2, and

(ii) in the case of an application in relation to a standard hackney licence or, subject to Regulation 25(2), a local area hackney licence, the vehicle standards and requirements specified in Schedule 3.

(4) An application for the renewal of a standard taxi licence, standard hackney licence or local area hackney licence in relation to a modified vehicle shall—

(

a

) in the case of the first renewal of such licence on or after 1 January 2016, and

(

b

) upon the expiry of each subsequent period of five years since the first renewal of such licence under sub-paragraph (

a

),

be accompanied by a technical assessor’s basic report dated not more than 60 days before the date of the application confirming that the vehicle (referenced by its VIN) complies with—

(i) in the case of an application in relation to a standard taxi licence, the vehicle standards and requirements specified in Schedule 2, and

(ii) in the case of an application in relation to a standard hackney licence or, subject to Regulation 25(2), a local area hackney licence, the vehicle standards and requirements specified in Schedule 3.

(5) An application for—

(

a

) the grant of a new limousine licence in respect of a modified vehicle, or

(

b

) the continuance in force of a limousine licence in respect of a different vehicle that is a modified vehicle,

shall be accompanied by a technical assessor’s full report dated not more than 60 days before the date of the application and information package confirming that the vehicle (referenced by its VIN) complies with the vehicle standards and requirements specified in Schedule 5.

(6) An application for the renewal of a limousine licence in relation to a modified vehicle shall—

(

a

) in the case of the first renewal of such licence on or after 1 January 2016, and

(

b

) upon the expiry of each subsequent period of five years since the first renewal of such licence under sub-paragraph (

a

),

be accompanied by a technical assessor’s basic report dated not more than 60 days before the date of the application confirming that the vehicle (referenced by its VIN) complies with the vehicle standards and requirements specified in Schedule 5.

(7) Where a small public service vehicle has been adapted to operate using liquefied petroleum gas or compressed natural gas, whether in addition to an existing means of propulsion or otherwise, the small public service vehicle licence holder shall provide a technical assessor’s LPG report confirming that the gas adaptation for the vehicle (referenced by its VIN) complies with the relevant Construction, Equipment and Use Regulations.

(8) The technical assessor’s report referred to in paragraph (7) shall be provided to the Authority at the next following vehicle assessment on licence renewal in accordance with Regulation 14(2).

(9) Where a small public service vehicle is modified in respect of any of the matters contemplated by this Regulation, the small public service vehicle licence holder shall, within ten days of such modification being carried out—

(

a

) notify the Authority in writing of such modification, and

(

b

) furnish the relevant technical assessor’s report to the Authority, as would be required for a licence renewal application in respect of such vehicle, in accordance with this Regulation.

Prohibition on fitment of taximeter

30. Hackneys and limousines shall not be fitted with a taximeter.

Maximum permissible age requirements

31. (1) Subject to paragraphs (2) and (3), the maximum permissible age of a—

(

a

) standard taxi, standard hackney or local area hackney is ten years from the date of first registration of the vehicle, and

(

b

) wheelchair accessible taxi or wheelchair accessible hackney is fifteen years from the date of first registration of the vehicle.

(2) Where a vehicle is associated with a standard taxi licence or standard hackney licence first granted before 1 January 2009 and was associated with such licence on 1 January 2013, the maximum permissible age of such vehicle is fifteen years from the date of first registration of the vehicle.

(3) This Regulation does not apply to—

(

a

) limousines, or

(

b

) a wheelchair accessible taxi or wheelchair accessible hackney that is associated with the small public service vehicle licence on 1 April 2014.

Mutual recognition

32. The vehicle standards and requirements referred to in this Part 4 shall be satisfied by compliance with

(

a

) a relevant standard or code of practice of a national standards body or equivalent body of any EEA State,

(

b

) any relevant international standard recognised for use in any EEA State, or

(

c

) any relevant technical regulation with mandatory or de facto mandatory application for marketing or use in any EEA State,

insofar as the standard, code of practice, technical regulation or process in question enables the protection of the health and safety of passengers and drivers and the promotion of accessible services for passengers with disabilities to be met in an equivalent manner.

Prohibition on certain vehicles

33. (1) The Authority shall not grant a licence in respect of vehicle that is a crew cab or a pick-up.

(2) In the event of a conflict between Regulation 32 and Regulation 33(1), Regulation 33(1) shall prevail.

Determination of passenger seating capacity

34. (1) Subject to paragraph (2), the number of passengers for which passenger accommodation is available in a small public service vehicle shall be determined by reference to the number of seating positions in the vehicle, provided that the maximum number of seating positions shall not exceed eight, excluding the driver’s seat.

(2) Seating positions for the purposes of paragraph (1) shall be determined by reference to the following—

(

a

) a minimum seat squab width of 400 millimetres is required in respect of each seating position,

(

b

) a seating position fitted with a safety belt is reckoned as one seating position,

(

c

) in relation to a bench seat without a safety belt, the number of seating positions shall be assessed as a multiple of the required minimum squab width of 400 millimetres in respect of each position, and

(

d

) in relation to a wheelchair accessible vehicle each wheelchair space is reckoned as one seating position.

(3) In the case of a small public service vehicle that can accommodate more than eight seating positions, excluding the driver’s seat, the holder of the small public service vehicle licence shall permanently disable, or cause to be permanently disabled, any seating positions in the vehicle in excess of eight, excluding the driver’s seat.

PART 5

DUTIES OF HOLDERS OF WHEELCHAIR ACCESSIBLE HACKNEY LICENCES AND WHEELCHAIR ACCESSIBLE TAXI LICENCES

Information to be provided to the Authority

35. (1) The holder of a wheelchair accessible taxi licence or wheelchair accessible hackney licence shall provide to the Authority, upon request and within such period as may be specified by the Authority, the following information—

(

a

) the names of any persons, including the licence holder, driving or using the vehicle to carry passengers for reward,

(

b

) all contact details available for the purposes of making a booking in respect of the vehicle,

(

c

) the areas of the State in which the licence holder drives or uses the vehicle to carry passengers for reward, and

(

d

) the days and times during which the licence holder makes the vehicle to available to carry passengers for reward.

(2) The Authority may use or publicise the information provided under paragraph (1), and any similar information provided by the licence holder as part of his or her licence application under Part 3 of these Regulations, to assist consumers who wish to avail of, or to book, a wheelchair accessible taxi or wheelchair accessible hackney.

(3) The Authority may seek further information in relation to any of the information provided by a licence holder under paragraph (1) and the licence holder shall promptly provide such further information upon request by the Authority.

(4) Where there is a subsequent change to any of the information provided to the Authority under—

(

a

) paragraph (1) of this Regulation,

(

b

) Regulation 13(2)(

b

),

(

c

) Regulation 14(2)(

a

)(vii), or

(

d

) Regulation 16(2)(

c

),

the licence holder shall promptly provide details of such change to the Authority.

Maintenance of records of bookings

36. (1) The holder of a wheelchair accessible taxi licence or wheelchair accessible hackney licence shall maintain records of all bookings received.

(2) The records referred to in paragraph (1) shall include—

(

a

) the date and time of the booking,

(

b

) the name and contact details of the person making the booking,

(

c

) the name and contact details of the person intending to travel,

(

d

) the destination of the journey booked,

(

e

) the time at which the fare commenced, and

(

f

) the time at which the destination was arrived at.

(3) The holder of a wheelchair accessible taxi licence or wheelchair accessible hackney licence shall promptly, and, in any event, within such period as may be specified by the Authority, following a request from the Authority make available for inspection, in such form and manner as may be required by the Authority, the records referred to in this Regulation.

(4) Each record created by a licence holder under this Regulation shall be retained for a period of not less than one year from the date of its creation.

Priority to persons with disabilities

37. The holder of a wheelchair accessible taxi licence or a wheelchair accessible hackney licence shall give priority to bookings in respect of persons with disabilities, including persons who wish to travel in their wheelchairs.

PART 6

DUTIES OF DRIVERS OF SMALL PUBLIC SERVICE VEHICLES

Duties of drivers of small public service vehicles

38. (1) The driver of a small public service vehicle, when carrying passengers for reward, shall—

(

a

) carry such persons and luggage and drive the vehicle to such places as the hirer may reasonably direct,

(

b

) proceed at a reasonable speed while so driving, and

(

c

) wait with the vehicle at such places and for such lengths of time as the hirer may reasonably direct.

(2) Where a passenger requests the driver of a taxi to drive to a specified place and, having arrived at that specified place, requests the driver to drive to another specified place, it shall be the duty of the driver to comply with such latter request unless such passenger fails to—

(

a

) tender the lawful fare in respect of the completed part of the journey, or

(

b

) prove to the reasonable satisfaction of the driver that he or she will pay the lawful fare for the total journey on being so required by the driver.

(3) Where a passenger or intending passenger of a small public service vehicle makes an advance payment in respect of services not yet rendered, the driver of the vehicle shall—

(

a

) perform those services immediately unless the driver is—

(i) directed otherwise by such passenger or intending passenger, or

(ii) reasonably prevented from performing the services,

(

b

) hold such payment as a deposit,

(

c

) only retain the lawful fare in respect of any services performed, and

(

d

) having retained the lawful fare for any services performed, repay any outstanding balance to the passenger or intending passenger.

(4) The driver of a small public service vehicle, where such vehicle is being operated for the carriage of passengers for reward or, in the case of a taxi, when standing or plying for hire, shall—

(

a

) comply with the reasonable requirements of any passenger or intending passenger,

(

b

) provide all reasonable assistance and information to any person having authority to examine the vehicle,

(

c

) take all reasonable precautions to ensure the safety of persons in, on, entering or alighting from the vehicle,

(

d

) not invite or allow any person to travel in the vehicle without the consent of the person hiring the vehicle,

(

e

) switch on the light to illuminate the interior of the vehicle when requested to do so by a passenger provided such illumination does not interfere with the safe driving of the vehicle,

(

f

) when requested by a person who has hired the vehicle, afford reasonable assistance in loading and unloading luggage and in removing luggage to or from the entrance of any house, station or place at which the driver takes up or sets down such person, and

(

g

) carry and have available for inspection his or her SPSV Driver’s Identity Card while so operating or standing or plying for hire

(5) The driver of a small public service vehicle licence shall not while standing or plying for hire or carrying passengers for reward—

(

a

) act in a manner that is abusive, threatening or offensive to any passenger or intending passenger,

(

b

) act in a manner that is a nuisance or a danger to any person,

(

c

) use any threatening, obscene or offensive language or make any threatening, obscene or offensive gesture to any person, or

(

d

) discriminate (within the meaning of

section 3

or

4

(1) of the

Equal Status Act 2000

) against any passenger or intending passenger.

Guide and other assistance dogs

39. (1) Subject to paragraph (2), the driver of a small public service vehicle shall not refuse to carry in his or her vehicle a guide dog or other assistance dog accompanying a person with disabilities.

(2) The driver of a small public service vehicle may refuse to carry a guide dog or other assistance dog in his or her vehicle where that driver has provided prior evidence to the Authority, in form and substance satisfactory to the Authority, that the driver is unable, for medical reasons, to carry a dog in his or her vehicle.

PART 7

OPERATING REQUIREMENTS

Maximum hours of operation

40. A person shall not, in any period of three consecutive days, drive or use a small public service vehicle for the carriage of passengers for reward for more than eleven hours in any one day.

Limitation on number of passengers

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, or the intended carriage, of passengers 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, or the intended carriage, of passengers 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.

(4) A tamper-proof disc issued by the Authority shall at all times remain the property of the Authority.

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, or for the intended 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.

(4) A person shall not affix a taxi roof sign to a vehicle being driven or used in a public place unless the vehicle is a taxi being driven or used for the carriage, or for the intended carriage, of passengers for reward.

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(

j

) 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 53,

(

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

Commencement of hire and standing for hire

52. (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.

Taximeter

53. (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),

(

b

) the taximeter so fitted to the vehicle has been calibrated in accordance with Regulation 54, and

(

c

) when carrying a person for reward, the taximeter so fitted to the vehicle is engaged and is recording and calculating the fare in respect of the journey.

(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 using 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. Where there is such a prior written agreement the driver shall charge the passenger the lessor of the pre-agreed charge or the charge calculated on the taximeter fitted, calibrated and engaged in accordance with paragraph (2) above.

(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

54. (

a

) A taximeter fitted in a taxi shall be calibrated such that that taximeter calculates all fares in accordance with the maximum fares order.

(

b

) Subject to the

Metrology Act 1996

, except for a period of 90 days prior to the coming into operation of a new maximum fares order, a person shall not drive or operate a taxi for the carriage of persons for reward unless the taximeter fitted in the taxi has been verified by the Legal Metrology Service as being correctly calibrated in accordance with the maximum fares order.

Booking fee

55. 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

56. (1) Where a maximum fares order is made by the Authority, the driver of a taxi shall, upon completion of the journey, print and offer a receipt to the passenger in accordance with paragraph (2). Such receipt shall be printed by a printer directly connected to the taximeter.

(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

57. (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, make available 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

58. (1) A driver of a taxi shall not stand or 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 section 9 of the Principal Act.

(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

59. (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

60. 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 61.

Grant of dispatch operator licence

61. 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 such person—

(

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

62. 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 61,

(

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

63. (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

64. Regulations 22(4), 23(2), 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(

b

), 49(

c

), 49(

d

), 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 63 are declared to be penal regulations for the purpose of section 20(4) of the Principal Act.

Substantial breach of regulations

65. A contravention of regulation 38(5)(

a

), 38(5)(

d

), 40, 41, 42, or 50 is declared to be a substantial breach of these Regulations for the purposes of section 20(3) of the Principal Act.

Prescribed amount of fixed payment

66. For the purpose of section 48 of the Principal Act, the amount prescribed for a fixed payment offence referred to in column (2) of Schedule 8 is the amount indicated in column (4) of that Schedule opposite mention of the fixed payment offence.

Form of fixed payment notice

67. The form of notice set out in Schedule 9 is prescribed as the form of fixed payment notice.

SCHEDULE 1

Fees