S.I. No. 316/1999 - Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1999.


In exercise of the powers conferred on the Minister for the Environment and Local Government 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), which powers were delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order, 1997 ( S.I. No. 427 of 1997 ), I, Robert Molloy, Minister of State at the Department of the Environment and Local Government hereby make the following Regulations:

1. (1) These Regulations may be cited as the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1999.

(2) The collective citation the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1999 shall include these Regulations.

2. These Regulations shall come into operation on the 1st day of March 2000.

3. In these Regulations, save where the context otherwise requires:

“limousine” means the small public service vehicle having the qualities set out in article 6 (2) (a) and in respect of which a limousine licence has been granted;

“limousine licence” means a licence granted in respect of a small public service vehicle by a licensing authority under article 6;

“the Principal Regulations” means the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 );

“the Regulations of 1978” means the Road Traffic (Public Service Vehicles) (Licensing) Regulations, 1978 ( S.I. No. 292 of 1978 );

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

4. (1) Article 12 (2) of the Principal Regulations inserted by article 3 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1968 ( S.I. No. 273 of 1968 ) is hereby revoked.

(2) Paragraph (f) of article 3 (2) of the Principal Regulations as substituted by article 2 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1983 ( S.I. No. 273 of 1983 ) is hereby revoked.

5. Applications for limousine licences shall be made to licensing authorities and shall be in such form and manner as shall be determined by a licensing authority and shall be accompanied by the appropriate fee specified in the Fourth Schedule to the Regulations of 1995.

6. (1) A licensing authority may grant limousine licences in its functional area.

(2) The grant of a limousine licence to an applicant shall only be made—

(a) in respect of a vehicle which has an engine capacity of at least 2000 cubic centimetres and which is evidently suited by reason of its style and condition for the provision of hire services for ceremonial occasions, or for corporate or other prestige purposes, and

(b) where the applicant has paid to the licensing authority the appropriate fee specified in the Fourth Schedule to the Regulations of 1995, and

(c) 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 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 1999 applicable to the vehicle, and

(d) where the applicant satisfies the licensing authority that the use of the vehicle as a limousine is covered by insurance.

7. (1) Where a vehicle is being operated as a limousine, there shall be carried by the driver of the limousine but not displayed in the vehicle, a document which shall be available for inspection by the person who hired the limousine or a member of the Garda Síochána on request and which shall indicate—

(i) the name and address of the holder of the limousine licence,

(ii) the licence number of the limousine licence granted in respect of that vehicle,

(iii) the name, address and telephone number of the licensing authority which granted the limousine licence.

(2) No document or sign referring to the licensing or operation of the vehicle as a limousine shall be displayed within the vehicle.

8. (1). (a) On the granting of a limousine licence, the licensing authority shall issue to the owner of the vehicle a sign (in these Regulations referred to as a limousine sign) which shall comply with the requirements of this article.

(b) A limousine sign shall be in the form of an ellipse, be white in colour and shall display the letters “LM” and the number of the limousine licence in black letters.

(2) The limousine sign shall at all times be securely affixed to the rear of the limousine on the outside, in respect of which it was issued, in such a manner that it does not obscure the view of the driver, the vehicle licence number or the vehicle lights.

(3) Where a licensing authority is satisfied that a limousine sign has been lost or destroyed or has become defaced, it may issue a substitute limousine sign to the owner of the vehicle on payment of the appropriate fee specified in the Fourth Schedule to the Regulations of 1995.

(4) No sign or advertisement other than a limousine sign which complies with this article shall be displayed on a limousine.

(5) A limousine sign shall only be displayed on a vehicle in respect of which a limousine licence is in force.

9. (1) Whenever a limousine licence is revoked or suspended the owner of the vehicle shall from the date of the revocation or suspension cease to display the limousine sign and within seven days shall deliver the licence granted in respect of the vehicle and the limousine sign to the licensing authority.

(2) Whenever a limousine licence ceases to be in force and an application for the renewal of the licence is not made, or an application for the renewal of the licence is refused, the owner of the vehicle shall immediately upon cessation of the licence or upon receipt of notification from the licensing authority of the refusal of the application for the renewal of the licence cease to display the limousine sign and within seven days shall deliver such sign to the licensing authority.

(3) On the termination or removal of a suspension of a limousine licence the licensing authority shall where the licence is still in force return the licence and the limousine sign to the owner of the vehicle.

10.(1) On the granting of a hackney licence the owner of the vehicle shall, while such vehicle is being operated as a hackney, display on the front and rear of the vehicle signs (in these Regulations referred to as hackney signs) which shall comply with the requirements set out in the Schedule to these Regulations.

(2) A hackney shall not be operated unless hackney signs are displayed on the vehicle in compliance with these Regulations.

(3) No sign or advertisement, other than hackney signs shall be displayed on a hackney.

(4) Hackney signs shall only be displayed on vehicles in respect of which a hackney licence is in force.

11. (1) Whenever a hackney licence is revoked or suspended the owner of the vehicle shall from the date of the revocation or suspension cease to display the hackney signs and within seven days shall deliver the licence granted in respect of the vehicle and the hackney signs to the licensing authority.

(2) Whenever a hackney licence ceases to be in force and an application for the renewal of the licence is not made, or an application for the renewal of the licence is refused, the owner of the vehicle shall immediately upon cessation of the licence or upon receipt of notification from the licensing authority of the refusal of the application for the renewal of the licence cease to display the hackney signs and shall return the said signs to the licensing authority.

(3) On the termination or removal of a suspension of a hackney licence the licensing authority shall return the licence and the hackney signs to the owner of the vehicle.

(4) Where a person who holds a hackney licence in respect of a vehicle makes an application to a licensing authority under article 17 of the Regulations of 1995 to have the said licence continue in force in respect of another vehicle, the person shall deliver the hackney signs appropriate to the original vehicle to the licensing authority.

12. (1) Where the hire of a hackney involves the vehicle being driven in, into or out of a taximeter area, the driver of the vehicle shall from the time of the receipt of the notification of the hire to its completion carry a document in the vehicle which indicates the points of commencement and completion of the hire, the name of the person who hired the vehicle and the fare agreed for the hire.

(2) The document referred to in sub-article (1) shall be made available for inspection by the person who hired the hackney or a member of the Garda Síochána on request.

13. (1) There shall be carried by the driver in every hackney, but not displayed, a document which shall contain—

(a) the name and telephone number of the holder of the hackney licence,

(b) the licence number of the hackney licence granted in respect of the vehicle,

(c) the name, address and telephone number of the licensing authority which granted the hackney licence.

(2) The document referred to in sub-article (1) shall be made available for inspection by the person who hired the hackney or by a member of the Garda Síochána on request.

(3) No document or sign referring to the licensing or operation of the vehicle as a hackney shall be displayed within the vehicle.

14. Article 35 (2) of the Principal Regulations, as amended by article 9 of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1970 ( S.I. No. 200 of 1970 ) and article 12 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1977 ( S.I. No. 111 of 1977 ), is hereby further amended by the substitution of the word “five” for the word “one”.

15. The requirement to display a limousine sign under article 8 of these regulations or a hackney sign under article 10 of these regulations shall, for a vehicle in respect of which a hackney licence is in force on the date of the commencement of these Regulations, have effect from the date of renewal of the hackney licence or the grant of a limousine licence.

16. The provisions of article 30 of the Regulations of 1995 shall not apply—

(a) in respect of a vehicle for which a limousine licence is granted, or

(b) in respect of a vehicle for which a hackney licence is granted or renewed following the commencement of these regulations or on which is displayed hackney signs in accordance with article 10 of these Regulations.

17. Article 16 of the Regulations of 1995 is hereby amended—

(a) by the insertion of the words “or limousine licence” after the words “hackney licence” wherever they appear in sub-article (1), and

(b) by the insertion of the following sub-article after sub-article (3)—

“(4) A limousine licence shall only be renewed—

(a) where article 6(2)(a), (c) and (d) of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1999 have been complied with, and

(b) where the applicant has paid to the licensing authority the appropriate fee specified in the Fourth Schedule, and

(c) where the application for the renewal is received by the licensing authority on or before a date six months following the date of expiry of the licence.”.

18. Article 18 of the Regulations of 1995 is hereby amended—

(a) by the removal of the words “or will be” where they appear in paragraph (a) of sub-article (2), and

(b) by the insertion of the following after the word “representative” in sub-article (7)—

“or where the personal representative is not the beneficiary, to such beneficiary.”

19. Article 20 of the Regulations of 1995 is hereby amended by the substitution of the following sub-article for sub-article (1)—

“(1) Subject to sub-article (2), a licence granted under these Regulations or under the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1999, or renewed under these Regulations shall be in such form as shall be determined by the licensing authority.”.

20. Article 24 of the Regulations of 1995 is hereby amended—

(a) by the insertion of the words “or under article 6 (2) (c) of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1999 in respect of a limousine licence” after the words “in respect of a hackney licence” in sub-article (1),

(b) by the insertion of the words “or a limousine licence” after the words “hackney licence” where they appear for the first time in sub-article (1) and where they appear in sub-articles (2), (3) and (4).

21. Article 26 of the Regulations of 1995 is hereby amended—

(a) by the insertion of the words “or a limousine licence” after the words “hackney licence” where they appear in sub-article (1) and sub-article 3 (b), and

(b) by the insertion of the words “or under article 6 (2) (c) of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1999” after the words “article 17 (2) (a)” in sub-article (2).

22. The Regulations of 1995 are hereby amended—

(a) by the insertion of the words “or a limousine licence” after the words “hackney licence” wherever they appear in articles 21, 22 and 23, and

(b) by the insertion of the words “and limousine licences” after the words “hackney licences” in article 25, and

(c) by the insertion of the words “or limousine licence” after the words “hackney licence” and by the insertion of the words “or limousine” after the words “or as a hackney” in article 17, and

(d) by the insertion of the words “or in accordance with article 6 of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1999” after the words “article 13 and 14” in article 19, and

(e) by the removal of the words “or will be” where they appear in paragraph (c) of article 13 (1) and paragraph (c) of article 14 (2), and

(f) by the insertion of the words “or under article 6 (2) (c) of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1999” after the words “article 17 (2) (a)” in article 32 (5), and

(g) by the removal from article 35 of—

(i) the words “hackney” and “or hackney licence”, and

(ii) the word “address” in paragraph (b).

23. The Fourth Schedule to the Regulations of 1995 is hereby amended—

(a) by the insertion of the words “or a limousine licence” after the words “hackney licence” in paragraph 1 (b), and

(b) by the insertion of the words “or spouse or parent” after the word “daughter” in paragraph 2 (e), and

(c) by the insertion of the following sub-paragraph after sub-paragraph (e) of paragraph 2—

“(f) the renewal of a limousine licence.”, and

(d) by the substitution of the following sub-paragraph for sub-paragraph (b) of paragraph 5—

“(b) the issue of a substitute limousine sign under article 8 (3) of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1999.”, and

(e) by the addition of the following paragraph after paragraph 5—

“6. A fee of £200 shall be payable in respect of the grant of a limousine licence.”

24. Article 10 of the Regulations of 1978 is hereby amended by the insertion of the following after the word “representative”—

“or where the personal representative is not the beneficiary, on such beneficiary.”.

SCHEDULE

REQUIREMENTS TO BE COMPLIED WITH IN RELATION TO HACKNEY SIGNS

1. The signs shall be constructed of a durable material and shall be designed so that once manufactured shall not be amenable to alteration without its destruction.

2. The signs shall be securely mounted in appropriate positions, one at the front of the vehicle and one at the rear, on surfaces that are, as near as is practicable, vertical.

3. Neither sign may be positioned where it could obstruct the driver's view of the road, either directly or in rear view mirrors, where it could obscure any part of any lamp, indicator or any statutory plate or inscription and both signs must be accessible for inspection from outside the vehicle without undue effort.

4. The appearance of the signs shall be as in the diagram below the specification for which is as follows:

(a) The signs shall be rectangular in shape with corners rounded to 3 mm radius, measuring 200 millimetres in width by 60 millimetres in height. There shall be no sharp edges.

(b) The signs shall be yellow in colour with border, letters, figures and dividing lines all in black. All letters and figures shall be from the same font, in sizes as set out below.

(c) The width of the border shall be between 1 and 2 millimetres.

(d) The width of the dividing lines shall be no greater than half that of the border.

(e) Three dividing lines shall be used to define four distinct areas of the sign. Two of the dividing lines are drawn parallel to the long axis of symmetry, one 20 millimetres above the bottom border and the other 20 millimetres below the top border. The third dividing line is drawn on the short axis of symmetry, between the bottom border and the nearest dividing line.

(f) In the uppermost area of the word “HACKNEY” or “HACNA?” shall be placed centrally using upper case letters 15 millimetres in height. In the area directly below this there shall be the name of the licensing authority, centrally placed using upper case letters 8 millimetres in height. In the bottom left area, under the heading “Registration No.” or “Uimhir Chláraitheachta” there shall be a vehicle identification mark in upper case letters and numbers 8 millimetres in height set 2 millimetres above the lower border. In the bottom right area, under the heading “Licence No.” or “Uimhir Cheadúnais” there shall be the number of the hackney licence granted in respect of the vehicle in upper case letters and numbers 8 millimetres in height set 2 millimetres above the lower border. The headings referred to shall be in upper and lower case letters. The upper case letters shall be 5 millimetres in height and be set 2 millimetres below the upper border.

/images/si-0316-013-001.jpg

Border 1-2 mm thick

Diagram of Hackney Signs

(not to scale)

DATED this 13th day of October, 1999.

ROBERT MOLLOY,

Minister of State at the Department of the Environment and Local Government.

EXPLANATORY NOTE.

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

These regulations implement a range of recommendations addressed to the Department of the Environment and Local Government in the report of the Dublin Taxi Forum.

The regulations, provide, inter alia, for the introduction of a separate licensing regime for limousines, a form of identification for hackneys and limousines, the removal of the restrictions placed on the use of radios and telephonic equipment by hackneys, the introduction of a requirement for hackneys to carry a log of agreed fares when driving into, through or out of a taximeter area, the restoration of the five year period of validity for small public service vehicle drivers licences, as well as other miscellaneous provisions governing the licensing of taxis, wheelchair accessible taxis, hackneys and limousines.