S.I. No. 493/2006 - Taxi Regulation Act 2003 (Small Public Service Vehicles) (Amendment) (No. 2) Regulations 2006


STATUTORY INSTRUMENTS

S.I. No. 493 of 2006

Taxi Regulation Act 2003 (Small Public Service Vehicles) (Amendment) (No. 2) Regulations 2006

The Commission for Taxi Regulation, in exercise of the powers conferred on it by sections 34 and 39 of the Taxi Regulation Act 2003 (No. 25 of 2003), and with regard to any amendment or revocation of any regulation made under section 82 of the Road Traffic Act 1961 (No. 24 of 1961) with the consent of the Minister for Transport, hereby makes the following regulations:

1.  (1) These Regulations may be cited as the Taxi Regulation Act 2003 (Small Public Service Vehicles) (Amendment) (No. 2) Regulations 2006.

(2)  These Regulations come into operation on 25 September 2006.

2.   In these Regulations “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.

3.  (1) References to “licensing authority” in the Road Traffic (Small Public Service Vehicles) Regulations 1963 to 2002 shall be deemed to mean the Commission for Taxi Regulation.

(2) References to “taximeter area” in the Road Traffic (Small Public Service Vehicles) Regulations 1963 to 2002 shall be deemed to mean the national taximeter area, as declared by the Commission for Taxi Regulation under section 41 of the Taxi Regulation Act 2003 with effect from 25 September 2006, and references to Dublin Cork, Galway, Donegal or other taximeter areas shall be read accordingly.

4.  The Road Traffic (Public Service Vehicles) Regulations 1963 ( S.I. No. 191 of 1963 ) are amended -

(a)  by revoking Regulation 11 (as amended by Regulation 3 of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1970 ( S.I. No. 200 of 1970 ), and

(b)  in Regulation 43 (as amended by Regulation 5 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations 1968 ( S.I. No. 273 of 1968 )) by substituting in paragraph (1) “shall not operate” for “shall not drive”.

5.  The Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 ( S.I. No. 136 of 1995 are amended by -

(a)  in Regulation 16(4)(c) (as amended by Regulation 11 of the Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 2000 ( S.I. No. 367 of 2000 )) by deleting “a date two months following”;

(b)  in Regulation 33 by substituting for paragraph (7), as inserted by Regulation 19 of the Road Traffic (Public Service Vehicles) (Amendment (No. 3) Regulations 2000 ( S.I. No. 367 of 2000 ), the following:

“(7) A receipt to which paragraph (6) refers shall display the following minimum information:

(a) the full fare (including all extras which shall be indicated separately chargeable for the hire,

(b) the date, starting time and finishing time of the hire,

(c) the total distance travelled in kilometres,

(d) the licence number of the taxi or wheelchair accessible taxi,

(e) the unique identification mark (registration number) of the vehicle,

(f) the receipt number (in sequential order),

(g) a space at the foot of the receipt headed “Tips/Discounts/Tolls”, and

(h) such other relevant information as may be determined by the Commission for Taxi Regulation.”;

(c) by substituting for Regulation 35 the following:

“35.  (1)There shall be displayed, as determined by the Commission for Taxi Regulation, in a prominent place on the dashboard of every taxi and wheelchair accessible taxi or, where this is not possible, on some other place in the vehicle that can be easily seen by a passenger from inside the vehicle an identification card.

(2) The identification 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 driver's Small Public Service Vehicle Driver Licence Number;

(d) the date of expiry of the driver's Small Public Service Vehicle Driver Licence;

(e) on the reverse side of the card, displayed in a manner that is clearly visible from outside the vehicle, or as otherwise determined by the Commission for Taxi Regulation, the name of the county in respect of which the driver licence to drive a small public service vehicle issued;

(f) such security features as may be determined by the Commission for Taxi Regulation;

(g) such other relevant information as the Commission for Taxi Regulation may from time to time determine.”.

(d) by revoking Regulations 3(2), 6, 7, 32(2), (3) and (4), 33(1), (2), (4) and (5), and the First and Third Schedules;

(e) in the Eighth Schedule by inserting after paragraph (3) the following paragraph:

“(3A) (1) Subject to subparagraph (2), the panel on the right of the sign as viewed from the rear of the vehicle and on the left of the sign as viewed from the front of the vehicle shall contain only -

(a)  the contact details in relation to the taxi or wheelchair accessible taxi,

(b)  the contact details of the dispatch operator, as appropriate, or

(c)  the name of a small public service vehicle representative body.

(2)  A wheelchair accessible taxi shall display on the panel on the right of the sign as viewed from the rear of the vehicle or on the left of the sign as viewed from the front of the vehicle the following symbol or a substantially similar symbol, which symbol shall be

(3)  approximately 90 millimetres in height:

/images/en.si.2006.0493.0001.jpg

(3)  Where the panel on the right of the sign as viewed from the rear of the vehicle or on the left of the sign as viewed from the front of the vehicle remains blank, its background shall be yellow in colour.”.

6.  Regulations 7(1) of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1999 ( S.I. No. 316 of 1999 ) is revoked.

7.  The Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 1999 ( S.I. No. 445 of 1999 ) are revoked.

8.  The Road Traffic (Public Service Vehicles) (Amendment) Regulations 2001 ( S.I. No. 38 of 2001 ) are amended in Regulation 5 by inserting the following paragraph:

“(6)  Where, in the case of a transfer of a licence from one vehicle to another, the licence is transferred back to the original vehicle within eight weeks of the date of the transfer, the licence holder may apply to the Commission for Taxi Regulation for a refund in the sum of 50 per cent of the fee specified in the Fourth Schedule to the Regulations of 1995, as paid by the licence holder.”.

9. Regulation 5 of the Taxi Regulation Act 2003 (Small Public Service Vehicles) (Amendment) Regulations 2006 ( S.I. No. 154 of 2006 ) is revoked.

Given under the seal of the Commission for Taxi Regulation,

19 September 2006.

/images/seal.jpg

________________

Ger Deering

Commissioner for Taxi Regulation

The Minister for Transport consents to the making of the foregoing regulations.

GIVEN under my Official Seal,

19 September 2006.

/images/seal.jpg

______________

Martin Cullen

Minister for Transport

Explanatory Memorandum

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

These Regulations amend existing Regulations to provide for matters relating to the regulation of small public service vehicles, including the following:

▪     What information is required to be included on printed taxi receipts,

▪     What driver identification is required to be displayed inside a small public service vehicle,

▪     What information is allowed to be displayed on the roof signs of taxis generally and what information is required to be displayed on roof signs of wheelchair accessible taxis, and where on the sign this information is to be displayed.