S.I. No. 472/2009 - Taxi Regulation Act 2003 (Licensing of Dispatch Operators) Regulations 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th December, 2009.

The Commission for Taxi Regulation, in exercise of the powers conferred on it by section 34 of the Taxi Regulation Act 2003 (No. 25 of 2003), hereby makes the following regulations:

1. These Regulations may be cited as the Taxi Regulation Act 2003 (Licensing of Dispatch Operators) Regulations 2009.

2. In these Regulations—

“Commission” means the Commission for Taxi Regulation;

“dispatch operator” means a person engaged in the activity of taking a booking of a small public service vehicle that is owned or driven by another person (other than an employee of the first person) and arranging with that small public service vehicle driver to provide the service booked and, for the avoidance of doubt, does not include—

(a) a person who marshals a small public service vehicle at an airport or other transport terminal,

(b) a person employed as a receptionist by a dispatch operator to manage telephone calls, or

(c) a person who acts as a telephone agent on behalf of an intending passenger or other consumer at an information desk in a hotel, tourist office, airport, other transport terminal, or at a similar customer service facility.

“operational manager” means the person responsible for the supervision of the delivery of dispatch operator services and may not include a person seeking to act as operational manger in respect of more than one dispatch operator;

“Small Public Service Vehicles Regulations” means the Road Traffic (Public Service Vehicles) Regulations 1963 to 2003 insofar as they apply to small public service vehicles and Regulations made under section 34 of the Taxi Regulation Act 2003 (No. 25 of 2003).

4. (1) Subject to paragraph (2), a person shall not operate as a dispatch operator unless that person holds a small public service vehicle dispatch operator licence (in these Regulations referred to as a “dispatch operator licence”) granted by the Commission.

(2) A person may operate as a dispatch operator exclusively in relation to the provision of limousine services without a dispatch operator licence.

5. Before a dispatch operator licence may be granted by the Commission, the applicant shall—

(a) produce a tax clearance certificate issued under section 1095 (inserted by section 127 of the Finance Act 2002 ) of the Taxes Consolidation Act 1997 ;

(b) produce a Commission Skills Development Programme Certificate in the name of the owner or operational manager of the Dispatch Operator Centre, whose name and contact details shall be registered with the Commission;

(c) pay to the Commission—

(i) a licence fee in the sum of €250.00 in respect of an application for the grant of a dispatch operator licence, the duration of which licence shall be 12 months from the date of grant;

(ii) thereafter an annual fee of €125.00 in respect of an application for the renewal of a dispatch operator licence;

(iii) in the event that a dispatch operator licence is allowed to lapse by the failure of the licence-holder to renew the licence on or before the expiry date, a restoration fee in the sum of €250.

(d) provide a booking system that is accessible to persons with disabilities;

(e) provide to the Commission, within 21 days from the date of a request for this information by the Commission, contact information for the purposes of making or receiving bookings in relation to drivers affiliated with the Dispatch Operator Centre concerned;

(f) put in place procedures to ensure that all drivers and vehicles affiliated to the Dispatch Operator concerned are properly licensed in accordance with the Small Public Service Vehicles Regulations;

(g) put in place a complaints procedure in relation to consumers;

(h) put in place record management procedure in relation to any bookings and complaints received, which records will be made available to the Commission on request;

(i) ensure that management and staff are trained in relation to customer care, fare structure, complaints procedure and assisting persons with disabilities;

(j) maintain and disclose to the Commission, within 21 days from the date of a request for these records by the Commission, training records.

6. Where a person has been granted a dispatch operator licence under Regulation 4 and subsequently fails to comply with one or more of the requirements of Regulation 5 (d) - (j), the Commission may, at its discretion, suspend or revoke the dispatch operator licence concerned.

7. The Taxi Regulation Act 2003 (Licensing of Dispatch Operators) Regulations 2009 ( S.I. No. 138 of 2009 ) are revoked.

Given under the seal of the Commission for Taxi Regulation,

1 December 2009.

KATHLEEN DOYLE,

Commissioner for Taxi Regulation.

EXPLANATORY MEMORANDUM

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

These Regulations provide that, in order to operate lawfully, Dispatch Operators providing small public service vehicle (SPSV) services, other than exclusively limousine services, must be licensed by the Commission for Taxi Regulation. They also outline various standards that must be complied with before a Dispatch Operator Licence will be granted by the Commission. These include the provision of an accessible booking system and the completion by the owner or operational manager of the Commission’s Skills Development Programme.

These licensing requirements come into operation on 1 December 2009.