Taxi Regulation Act 2003

Regulation of small public service vehicles and their drivers.

34.—(1) The Commission may make regulations in relation to the licensing, ownership, control and operation of small public service vehicles, the licensing and control of small public service vehicle drivers, and the standards to be applied to such vehicles and their drivers.

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1) make provision in relation to—

(a) licences in respect of small public service vehicles,

(b) the categories of small public service vehicles in respect of which licences may be granted,

(c) licences in respect of the drivers of small public service vehicles and the categories of small public service vehicles they may drive for hire,

(d) the persons (including the Commission) who may grant licences,

(e) applications for or matters relating to licences including the following—

(i)  the terms or conditions relating to the grant of a licence,

(ii)  the manner and form of an application for the grant of a licence,

(iii) the fees to be paid in respect of the grant of a licence or badges or plates or signs relating to a licence,

(iv) the format and content of a licence,

(v)  the inspection and certification of a vehicle that is the subject of an application for a licence,

(vi) the age of a vehicle that is the subject of an application for a licence,

(vii) the insurance of a vehicle that is the subject of an application for a licence,

(viii) the period of validity of a licence,

(ix) the revocation and suspension of a licence,

(f) the operation of a small public service vehicle, including any or all of the following matters—

(i)  the vehicle standards to be complied with, including standards in relation to the entry to and accommodation in the vehicle for people with a disability, including wheelchair users or persons with mobility and sensory difficulties,

(ii)  the size of a vehicle including the passenger carrying and luggage carrying capacity of the vehicle,

(iii) the identification, including the internal and external signage or colour of a vehicle,

(iv) advertising in or on the vehicle,

(v)  the conditions or restrictions, if any, to be applied to the transfer of a licence to another person or to another vehicle,

(vi) the conditions subject to which the vehicle may be operated as a small public service vehicle,

(vii) the use of taximeters, machines for issuing receipts and other apparatus,

(viii) the keeping of records in relation to the operation of the vehicle as a small public service vehicle,

(ix) the information that must be displayed, and the manner of such display, in relation to the licence granted in respect of the vehicle, including where appropriate the approved maximum fare structure applying to the vehicle,

(x) the insurance of the vehicle,

(xi) the display, and manner of such display, of information necessary for the assistance of a passenger, including information relating to the requirements established for the conduct of drivers of small public service vehicles and requirements established for the conduct of hirers and other passengers,

(xii) requirements relating to the fitting or non-fitting of equipment in the vehicle and the operation of such equipment,

(g) the inspection of small public service vehicles,

(h) powers of authorised persons in addition to those under section 49 .

(3) In making regulations under this section, the Commission may establish requirements and conditions for the purpose of the assessment of applicants for the grant of licences, including requirements and conditions in respect of—

(a) the fitness of a person to hold a licence having regard to an assessment carried out by the Garda Commissioner or on behalf of the Commission.

(b) requirements relating to the knowledge of the geography, routes, place names and other matters relevant to the provision of service by a small public service vehicle in an area in respect of which a person makes application for the grant of a licence,

(c) the knowledge of and ability to meet the needs of people with disabilities including mobility and sensory difficulties to a standard determined by the Commission in consultation with the National Disability Authority,

(d) knowledge of and ability to meet the needs of consumers,

(e) knowledge of the regulations, standards and requirements relating to the licensing, driving and operation of small public service vehicles, and the general law relating to road traffic,

(f) the health of the applicant.

(4) The Commission may, for the purpose of assessing applications for the grant of a licence, authorise or approve persons for the purpose of determining that a person who wishes to apply for the grant of a licence complies with or has reached an acceptable level of competence in respect of each or any of the standards established under this section.

(5) Any regulation made under this section relating to the licensing of drivers of small public service vehicles shall be made only after consultation with the Garda Commissioner and the Council.

(6) The Commission may, after consultation with the Garda Commissioner and the Council make regulations for the purpose of specifying conditions and requirements for drivers of small public service vehicles in respect of any or all of the following—

(a) the identification of drivers including internal and external vehicle signage, badges or any other means that may be specified,

(b) the dress code of drivers,

(c) availability for work and scheduling of persons as drivers.

(7) In making regulations under this section, the Commission may set different and separate requirements and conditions in relation to the licencing of drivers of different categories of small public service vehicle.

(8) The Commission, in making regulations under this section, may set different requirements and conditions in relation to—

(a) the licensing and operation of different categories of small public service vehicles and their drivers,

(b) for different circumstances, and

(c) for different areas.

(9) In making a regulation under this section the Commission may, with the consent of the Minister amend or revoke any regulation made under section 82 of the Act of 1961 in so far as it relates to small public service vehicles and their drivers.

(10) A person who fails to comply with or contravenes a regulation under this section is guilty of an offence.