S.I. No. 47/1998 - Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1998

S.I. No. 47 of 1998.

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (AMENDMENT) REGULATIONS, 1998

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 5 of the Road Traffic Act, 1961 (No. 24 of 1961) and by section 82 of that Act as amended by section 57 of the Road Traffic Act, 1968 (No. 25 of 1968), hereby makes the following Regulations :

1. (1) These Regulations may be cited as the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1998.

(2) These Regulations and the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1997 shall be construed as one and may be cited together as the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1998.

2. In these Regulations:

"the Regulations of 1992" means the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1992 ( S.I. No. 172 of 1992 ) ;

"the Regulations of 1995" means the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1995 ( S.I. No. 136 of 1995 );

"the Regulations of 1997" means the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1997 ( S.I. No. 193 of 1997 ).

3. Articles 3, 4 and 5 of the Regulations of 1997 are hereby revoked.

4. The following shall be substituted for sub-article (4) of article 3 of the Regulations of 1995:

"(4) In these Regulations, any reference to a wheelchair accessible taxi shall be construed as a reference to a vehicle -

(a) in respect of which a wheelchair accessible taxi licence has been granted under the Regulations of 1992 and has been deemed to have been granted under these Regulations, or

(b) in respect of which a wheelchair accessible taxi licence has otherwise been granted under these Regulations prior to the commencement of the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1998, or

(c) which in any other case complies with the requirements set out in the Schedule to the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1998 and in respect of which a wheelchair accessible taxi licence has been granted.".

5. The following shall be substituted for paragraph (b) of article 13 (1) of the Regulations of 1995:

"(b) where the applicant presents to the licensing authority a certificate issued by the Commissioner that the vehicle to which the licence is to refer has been inspected by the Commissioner and that the Commissioner is satisfied that the vehicle is suitable to be licensed as a taxi or as a wheelchair accessible taxi and that the vehicle complies with the Regulations in operation under section 11 of the Act, and, as appropriate, with the requirements of the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1998, applicable to the vehicle, and ".

6. The Regulations of 1995 are hereby amended by the insertion of the following sub-article after sub-article 16 (2) -

"(2A) For the purposes of sub-article 2(a), compliance with article 13 (1) (b) insofar as the same concerns the requirements of the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1998 applicable to a vehicle which is a wheelchair accessible taxi shall be -

(a) in the case of a vehicle in respect of which a wheelchair accessible taxi licence has been granted under the Regulations of 1992 and has been deemed to have been granted under these Regulations, that the vehicle has seating accommodation for at least three persons in addition to a passenger seated in a wheelchair and complies with the requirements set out in the Second Schedule to these Regulations, and

(b) in the case of any other vehicle in respect of which a wheelchair accessible taxi licence has been granted, that the vehicle complies with the requirements set out in the Schedule to the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1998.".

7. Article 17 of the Regulations of 1995 is hereby amended -

(a) by the substitution of the following for paragraph (a) of sub-article (2) -

"(a) where the applicant presents to the licensing authority a certificate issued by the Commissioner that the vehicle to which the licence is to refer has been inspected by the Commissioner and that the Commissioner is satisfied that the vehicle is suitable to be licensed as a taxi, as a wheelchair accessible taxi or as a hackney and that the vehicle complies with the Regulations in operation under section 11 of the Act and, as appropriate, with the requirements of the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1998, applicable to the vehicle, and ", and

(b) the insertion of the following sub-article after sub-article (2) -

"(2A) For the purposes of sub-article (2), the requirements of the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1998 applicable to a different vehicle in respect of which it is proposed to continue in force a wheelchair accessible taxi licence which has been granted under the Regulations of 1992 and has been deemed to have been granted under these Regulations shall, until the 30th day of June 2000, be that the vehicle has seating accommodation for at least three persons in addition to a passenger seated in a wheelchair and complies with the requirements set out in the Second Schedule to these Regulations, and thereafter shall be as set out in the Schedule to the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1998. ".

8. The Regulations of 1995 are hereby amended by the substitution of the following article for article 37 -

"37. (1) For the purposes of article 13 (1) (b), article 14 (2) (b) and article 17 (2) (a), the Commissioner may cause a vehicle to be inspected or examined by a member of the Garda Síochána, or at his discretion by a member of the Garda Síochána with the assistance of a person not being a member of the Garda Síochána who is a qualified person, and may issue or refuse to issue a certificate in relation to that vehicle.

(2) For the purposes of an inspection and examination of a vehicle by a member of the Garda Síochána under sub-article (1), the Commissioner may require that a statement from a qualified person, not being a member of the Garda Síochána, shall be provided in relation to the vehicle, confirming that, in the opinion of that person, the vehicle complies with the Regulations in operation under section 11 of the Act and, as appropriate, with the requirements of the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1998, applicable to the vehicle.

(3) The Commissioner may at any time, other than for the purposes specified in sub article (1), cause any taxi, wheelchair accessible taxi or hackney to be inspected and examined by a member of the Garda Síochána, or at his discretion by a member of the Garda Síochána with the assistance of a person not being a member of the Garda Síochána who is a qualified person.

(4) In this article, "qualified person" means a mechanical or automotive engineer, an automotive assessor or a person with similar qualifications who, in the opinion of the Commissioner, by reason of his or her competence, experience and independence, is an appropriate person to assess the fitness and safety of a mechanically propelled vehicle.".

SCHEDULE

Requirements for Wheelchair Accessible Taxis

1. The vehicle must have been constructed or adapted so as to be capable of accommodating a person seated in a wheelchair.

2. The vehicle must have seating accommodation for at least three passengers in addition to the person seated in the wheelchair.

3. The vehicle must have at least two doors giving access to the area in the vehicle where the wheelchair and its occupant is to be accommodated. Each of these doors must have an aperture height of at least 1250mm and an aperture width of at least 735mm.

4. The vehicle must be provided at all times with a ramp or other mechanism to permit the safe entry and egress of a passenger seated in a wheelchair. The ramp or other mechanism must be capable of transporting a combined wheelchair and occupant mass of 300 kg minimum between the road and the vehicle interior without the assistance of any person but the driver of the vehicle. A ramp, where used, must be such as to provide at least 3.6 units of length for each unit of height, measured at its highest point.

5. The wheelchair and its occupant must be accommodated in either a forward facing or rear facing position in such an area of the vehicle that the occupant has an unrestricted view of the taximeter.

This area must be at least 1300mm in height measured from the floor to the roof lining and have a length of at least 1200mm and a width of at least 750mm available for the exclusive accommodation of a wheelchair and its occupant at all times while the vehicle is standing or plying for hire.

6. (1) The area designated for the accommodation of the wheelchair and its occupant must be provided with a restraint system or systems fixed to the structure of the vehicle by an appropriate means for the purpose of securing the wheelchair and its occupant.

(2) For the purpose of sub-paragraph (1), an appropriate means shall be deemed to have been provided where the vehicle is equipped as follows:—

(a) Four restraints — two to the front and two to the rear — shall be provided for the purpose of connecting the wheelchair to anchorage points on the vehicle.

(b) A lap belt shall be provided for the purpose of securing the wheelchair occupant.

(c) Fixed anchorage points shall be provided for each wheelchair restraint and for the lap belt, or alternatively straight tracks shall be provided that allow for variation in the location of anchorage points. The location of anchorage points under either of these arrangements must be such as to provide, as a minimum, one anchorage point in each of the locations A1 and A2, or alternatively A3 and A4, in addition to one anchorage point in each of the locations B1 and B2 or alternatively B3 and B4 as set out in the following drawing:—

All dimensions in mm

(d) The wheelchairs front and rear restraints shall be connected to the front and rear anchorage points, respectively. The lap belt shall either be connected to the two rear restraints of the wheelchair, to the two rear anchorage points for the wheelchair or to two anchorage points positioned to provide downward and rearward restraint on the pelvic area of the wheelchair occupant.

(e) Each single fixed anchorage point shall be attached to the structure of the vehicle by a high tensile bolt or set screw of not less than 10 mm in diameter with a reinforcing plate or washer having no sharp edges and measuring not less than 75 cm² in size and not less than 3 mm in thickness — fastened tightly with a locknut.

(f) (i) Where a track is used it shall have a minimum length of 200 mm and shall be attached to the structure of the vehicle by a minimum of 4 high tensile bolts or set screws of not less than 6 mm in diameter with reinforcing plates or washers not less than 35 cm2 in size and not less than 1 mm in thickness — fastened tightly with a locknut. For each additional length of track, measuring 120 mm or part thereof, there shall be at least one additional bolt or screw conforming to the above specification.

(ii) The bolts or set screws nearest each end of the track shall be located not more than 25 mm from the ends of the track and the distance between adjacent bolts or set screws shall not be less than 75 mm nor more than 125 mm.

(g) If the location of an anchorage point is contoured, the reinforcing plate or washer shall be formed to fit the shape of the area and shall be augmented, if necessary, with a shaped spacer so as to ensure that the face of the locknut is parallel to the surface against which it is tightened.

(h) In any case where the bolts or set screws pass through doubleskin or hollow panels, spacers of the correct dimensions shall be used to avoid compressing or causing distortion to the panels.

GIVEN under the Official Seal of the Minister for the Environment and Local Government this 25th day of February, 1998.

NOEL DEMPSEY

Minister for the Environment and Local Government.

EXPLANATORY NOTE

These regulations amend the criteria for wheelchair accessible taxis and clarify the powers of the Garda Commissioner in relation to the inspection of taxis, wheelchair accessible taxis and hackneys.