S.I. No. 589/2022 - Small Public Service Vehicle (Fixed Payment Offences And Driver Licence Period) Regulations 2022

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22nd November, 2022.

The National Transport Authority, in exercise of the powers conferred on it by section 7 and section 48 of the Taxi Regulation Acts 2013 and 2016 (No. 37 of 2013 as amended), hereby makes the following Regulations:

1. These Regulations may be cited as the Small Public Service Vehicle (Fixed Payment Offences and Driver Licence Period) Regulations 2022.

2. In these Regulations “Principal Regulations” means the Taxi Regulation (Small Public Service Vehicle) Regulations 2015 ( S.I. No. 33 of 2015 ).

3. The Principal Regulations are amended by substitution of the following for Schedule 8:-

“SCHEDULE 8

Fixed Payment Offences – Prescribed Amounts

Code (1)	Section of the Principal Act or Regulation under these Regulations (2)	Description of Offence (3)	Fixed Penalty Amount (4)
D1	Regulation 45(1) of these Regulations	Failure to display the required in-vehicle information.	€100
D2	Section 25(9) in so far as it relates to section 25(6) of the Principal Act	Standing or parking at appointed stand while vehicle is not available for hire.	€80
D3	Section 25(9) in so far as it relates to section 25(4) of the Principal Act	Standing for hire in a taxi otherwise than at an appointed stand.	€100
D4	Regulation 39(1) of these Regulations	Refusal to carry assistance dog or guide dog in a small public service vehicle.	€250
D5	Regulation 56(1) and 56(2) of these Regulations	Failure to print and offer a taximeter receipt in the prescribed form to a passenger upon completion of a journey in a taxi.	€100
D6	Regulation 57(1) and 57(2) of these Regulations	Failure to make available a receipt in the prescribed form to a passenger upon completion of a journey in a hackney or limousine.	€100
D7	Regulation 58(1) of these Regulations	Standing or plying for hire in an area without a licence to stand or ply for hire in that area.	€200
L8	Regulation 46 of these Regulations	Failure to comply with taxi roof sign requirements.	€100
L9	Regulation 48(1) of these Regulations	Displaying on a hackney or limousine a sign or advertisement other than one approved in writing by the National Transport Authority.	€80
L10	Regulation 51(1) of these Regulations	Failure to notify details of the small public service vehicle being operated.	€200
D11	Regulation 53(3) of these Regulations	Operating taximeter while taxi is standing for hire or plying for hire.	€150
D12	Regulation 53(2)(c) of these Regulations	Failure to operate taximeter while taxi is on hire.	€150
D13	Regulation 53(2)(a) of these Regulations	Failure to comply with the requirements in relation to the fitting and operation of a taximeter.	€150
D14	Regulation 55 of these Regulations	Applying a booking fee in respect of a taxi which is engaged while applying for hire or standing for hire or without having been booked in advance by the consumer.	€100
D15	Section 25(9) in so far as it relates to section 25(5) of the Principal Act	Standing with a taxi on part of the public road adjoining or in proximity of an appointed stand when the appointed stand is full.	€80
D16	Regulation 47(1) of these Regulations	Failure to display prominently the required valid SPSV Driver Display Card so as to be clearly visible	€200
A17	Regulation 24, 25, 26, 27 and 28 of these Regulations, except in so far as they relate to paragraph 21(1) of Schedule 2 of these Regulations	Failure to comply with the vehicle standards and requirements applicable to the relevant licence category	€100
D18	Regulation 59(1) of these Regulations	Failure of the driver of a hackney or limousine to carry the required booking record in respect of a hire	€80
D19	Regulation 4(a) of Small Public Service Vehicle (Cashless Payment Facility) Regulations 2022 ( S.I. 294/2022 )	Failure to carry a functioning cashless payment device	€200
D20	Regulation 4(b) of Small Public Service Vehicle (Cashless Payment Facility) Regulations 2022 ( S.I. 294/2022 )	Failure to accept cashless payment	€200
A21	Regulation 44(3) of these Regulations	Removal, attempted removal, damage or interference with a small public service vehicle tamper-proof disc.	€150
D22	Regulation 44(1) of these Regulations	Failure to display valid tamper-proof discs.	€150
D23	Section 23(2) of the Principal Act	Unreasonable refusal by the driver to carry a passenger.	€150
D24	Regulation 53(2)(b) of these Regulations	Failure to comply with the requirements in relation to the calibration of taximeters	€250
A26	Regulation 24 and 26 of these Regulations, in so far as they relate to paragraph 21(1) of Schedule 2 of these Regulations	Failure to have prescribed signage affixed to the front doors of taxi or wheelchair accessible taxi.	€250
D27	Regulation 38(5)(d) of these Regulations.	Refusal by the driver to carry a passenger in a wheelchair.	€250

4. Regulation 7(3)(a) of the Principal Regulations is amended by inserting “up to”before “five years”.

5. These Regulations come into operation on 1 January 2023.

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GIVEN under the Seal of the National Transport Authority,

18 November 2022.

FRED BARRY,

Chairperson, National Transport Authority.

EXPLANATORY NOTE

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

The purpose of the Small Public Service Vehicle (Fixed Payment Offences and Driver Licence Period) Regulations 2022 is to amend Schedule 8 of the Taxi Regulation (Small Public Service Vehicle) Regulations 2015 ( SI. No. 33 of 2015 ) in relation to the prescribed amounts for fixed payment offences and the addition of a prescribed amount for offences in relation to unreasonable refusal to provide services to a passenger seated in their wheelchair, together with an amendment to the period of validity of a SPSV driver licence.