STATUTORY INSTRUMENTS.

S.I. No. 367 of 2000.

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (AMENDMENT) (NO. 3) REGULATIONS, 2000.

S.I. No. 367 of 2000.

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (AMENDMENT) (NO. 3) REGULATIONS, 2000.

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. 3) Regulations, 2000.

(2) These Regulations and the Road Traffic (Public Service Vehicles) Regulations 1963 to 2000 shall be construed as one and may be cited as the Road Traffic (Public Service Vehicles) Regulations, 1963 to 2000.

2. In these Regulations--

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

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

“the Regulations of 1998” means the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1998 ( S.I. No. 47 of 1998 );

“The Regulations of 1999” means the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1999 ( S.I. No. 316 of 1999 );

“shared hire” means a hire which is engaged jointly by more than one person at the same time from an appointed stand which has been designated for shared hire purposes by a licensing authority;

“test certificate” means a certificate under section 18(1) of the Road Traffic Act, 1961 ;

“certificate of suitability” means a certificate issued under article 5 of the Road Traffic (National Car Test) Regulations, 2000.

3.   (1)  The following regulations are hereby revoked:

(a) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 2000 ( S.I. No. 3 of 2000 ), and

(b) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1999 ( S.I. No. 51 of 1999 ).

(2)  (a) Articles 7 and 8 of the Principal Regulations are hereby revoked.

(b) Articles 8, 9, 11, 14, 18(5), 18(6), 19, 20(3), 21(2), 21(3), 26(7), 32(1), 32(5), and 38, and the Fifth, Sixth and Seventh Schedules of the Regulations of 1995 are hereby revoked.

(c) Articles 6 and 7 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1997 ( S.I. No. 193 of 1997 ) are hereby revoked.

4. The Regulations of 1995 are hereby amended--

(a) by the removal of the reference “or 8” from article 6(2), and

(b) by the insertion of the words “to a licensing authority” after the word “made” in article 10, and

(c) by the removal from article 18(1) of the words “Subject to sub-articles (5) and (6),”, and

(d) by the removal from article 21(1) of the words “Subject to sub-articles (2) and (3),”, and

(e) by the replacement in article 24(1) of the words “13(1)(b) in respect of a taxi licence or a wheelchair accessible taxi licence or under article 14(2)(b) in respect of a hackney licence” by the words “13(b) in respect of a taxi licence or a wheelchair accessible taxi licence or a hackney licence”, and

(f) by the removal from article 26(1) of the words “Subject to sub-article (7)”, and

(g) by the replacement in article 26(2) of the words “13(1)(b), article 14(2)(b) or article 17(2)(a)” by the words “13(b), article 16(2)(a), article 16(4)(a) or article 17(2)(a)”, and

(h) by the replacement in article 37(1), as inserted by article 8 of the Regulations of 1998, of the words “13(1)(b), article 14(2)(b) and article 17(2)(a)” by the words “13(b), article 16(2)(a), article 16(4)(a) and article 17(2)(a), and article 6(2)(c) of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1999 ( S.I. No. 316 of 1999 )”, and

(i) by the replacement in article 37(2), as inserted by article 8 of the Regulations of 1998, of the words “Road Traffic (Public Service Vehicles) Regulations, 1963 to 1998” by the words “Road Traffic (Public Service Vehicles) Regulations, 1963 to 2000”, and

(j) by the removal of the words “other than for the purposes specified in sub-article (1),” from sub-article (3) of article 37, as inserted by article 8 of the Regulations of 1998, and

(k) by the removal of the references to “Article 8”, “Article 14(1)(b) and (3)”, “Article 18(5)” and “Article 32(1)” from the Third Schedule.

5. Article 6 of the Regulations of 1999 is hereby amended--

(a) by the replacement of the word “may” by the word “shall” in sub-article (1), and

(b) by the substitution of the following sub-article for sub-article (2)(c)--

“(c) where the applicant presents to the licensing authority a test certificate and a certificate of suitability issued in respect of the vehicle to which the limousine licence application refers, or 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 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 2000 applicable to the vehicle, and”.

6. Article 8 of the Regulations of 1999 is hereby amended by the removal of the words “on payment of the appropriate fee specified in the Fourth Schedule to the Regulations of 1995.” from sub-article (3).

7. The following shall be substituted for article 12 of the Regulations of 1995--

“12. (1) Subject to sub-article (3), where an application for the grant of a taxi licence or a wheelchair accessible taxi licence is made to a licensing authority which has declared an area to be a taximeter area, the authority shall make a conditional offer of the grant of the licence to the applicant.

(2) Where an application for the grant of a hackney licence is made to a licensing authority, the authority shall make a conditional offer of the grant of the licence to the applicant.

(3) An application for the grant of a taxi licence, a wheelchair accessible taxi licence or a hackney licence shall not be made if the applicant is the subject of a suspension or revocation of a licence by the court under article 23.”.

8. The following shall be substituted for Article 13 of the Regulations of 1995--

“13. Where a licencing authority has made a conditional offer to a person for the grant of a taxi licence or a wheelchair accessible taxi licence or a hackney licence, the licensing authority shall only grant the licence where, within a period to be specified by the licencing authority--

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

(b) the applicant presents to the licensing authority a test certificate and a certificate of suitability issued in respect of the vehicle to which the relevant licence application refers, or 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 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 2000, applicable to the vehicle, and

(c) the applicant satisfies the licensing authority that the use of the vehicle as a taxi or as a wheelchair accessible taxi or as a hackney, as may be appropriate, is covered by insurance.”.

9. Any condition or restriction applied by a licensing authority under articles 14(3) and 18(5) of the Regulations of 1995 in respect of hackney licences or taxi licences or wheelchair accessible taxi licences granted since the coming into operation of those Regulations shall cease to have effect following the date of these Regulations.

10. A small public service vehicle licence granted or renewed under the regulations collectively cited in article 1(2) shall remain in force for a period of one year from the date on which it was granted or renewed.

11. Article 16 of the Regulations of 1995 is hereby amended--

(a) by the substitution of the following sub-article for sub-articles (2) and (3)--

“(2) A taxi licence or a wheelchair accessible taxi licence or a hackney licence shall only be renewed--

(a) where a test certificate issued in respect of the vehicle to which the licence refers is presented to the licensing authority, or 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 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 2000, applicable to the vehicle, and

(b) where the applicant satisfies the licensing authority that the use of the vehicle as a taxi or as a wheelchair accessible taxi or as a hackney is covered by insurance, and

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

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

(b) by the replacement in sub-article (2A), as inserted by article 6 of the Regulations of 1998, of the words “article 13(1)(b) insofar as the same concerns the requirements of the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1998” by the words “article 13(b) insofar as the same concerns the requirements of the Road Traffic (Public Service Vehicles) Regulations, 1963 to 2000”, and

(c) by the substitution of the following sub-article for sub-article (4) as inserted by article 17(b) of the Regulations of 1999--

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

(a) where a test certificate issued in respect of the vehicle to which the limousine licence refers is presented to the licensing authority, and article 6(2)(a) and (d) of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1999 have been complied with, or where article 6(2)(a), (c) and (d) of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1999 have been compiled 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 renewal is received by the licensing authority on or before a date two months following the date of expiry of the licence.”.

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

(1) by the substitution of the following sub-articles for sub-articles (2)(a) and (b)--

“2(a) where the applicant presents to the licensing authority a test certificate and a certificate of suitability issued in respect of the vehicle to which the relevant licence application refers, or 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, as a hackney or as a limousine 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 2000, applicable to the vehicle, and

(b) where the applicant has paid to the licensing authority the appropriate licence renewal fee specified in the Fourth Schedule.”.

(2)   by the substitution of the following sub-article for sub-article (3)--

“(3) Where a licensing authority gives approval under this article for the continuance in force of a licence, the licence will be deemed to have been renewed in accordance with the relevant sub-article of article 16 of the Regulations of 1995 with effect from the date of the approval, and the validity period set out in article 10(1) of the Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations, 2000, shall apply from that date.”.

13. (1) The Commissioner may issue a certificate for the purposes of articles 13(b), 16(2)(a), 16(4)(a) and 17(2)(a) of the Regulations of 1995 and article 6(2)(c) of the Regulations of 1999.

(2) The provisions of articles 13(b), 16(2)(a), 16(4)(a) and 17(2)(a) of the Regulations of 1995 and article 6(2)(c) of the Regulations of 1999 insofar as the certification of vehicles by the Commissioner is concerned shall apply until 30 June 2001.

14. (1) Subject to sub-article (2), a person shall not use a vehicle as a taxi or a wheelchair accessible taxi in a taximeter area unless there is fitted to the vehicle a taximeter complying with these Regulations.

(2) Where on the date of these regulations no maximum fares for taxis and wheelchair accessible taxis have been fixed by a licensing authority in respect of its taximeter area, the requirement of sub-article (1) shall not apply in respect of that taximeter area until maximum fares are fixed or until 1 March 2001, whichever is the earlier.

15. A taximeter fitted to a taxi or a wheelchair accessible taxi shall--

(a) be securely attached to the vehicle so that the taximeter cannot be detached or be caused to become inaccurate by vibration of the engine or by the motion of the vehicle, and

(b) be in such a position on the vehicle as to enable a person inside the vehicle easily to see and read the taximeter, and

(c) have the transmitter cable connecting the taximeter with the wheels or the driving mechanism of the vehicle so situated and so protected by an outer cover as to render damage to the cable unlikely, and

(d) with effect from 1 January, 2002, be fitted with a device capable of printing automatically a receipt showing the fare charged for a hire, and

(e) be in good order, repair and condition, and shall have affixed the mark(s) signifying conformity with the Metrology Act, 1996 (No. 27 of 1996) .

16. The following shall be substituted for article 27 of the Regulations of 1995--

“(1) A licensing authority may fix maximum fares for taxis and wheelchair accessible taxis in respect of any area declared by the said authority to be a taximeter area in accordance with article 7 of the Regulations of 1995.

(2) For the purposes of sub-article (1), a licensing authority may fix different maximum fares under this article in respect of hires engaged on a single hire basis and on a shared hire basis.

(3) Where maximum fares are fixed under this article by a licensing authority, details of the fares so fixed shall be published by the said authority in one or more newspapers circulating in the taximeter area in respect of which the maximum fares have been fixed.

(4) An officer of a licensing authority may issue a certificate that on a specified day specified fares where the maximum fares fixed for taxis and wheelchair accessible taxis in resect of the taximeter area.

(5) In any prosecution of an offence in relation to maximum fares fixed for taxis and wheelchair accessible taxis in accordance with sub-article (1), a certificate issued under sub-article (4) of this article shall be presumed, until the contrary is shown by the defendant, to indicate the specified maximum fares fixed for taxis and wheelchair accessible taxis in respect of the taximeter area.”.

17. The provisions of article 52(1) of the Principal Regulations in so far as they require the driver of a taxi or a wheelchair accessible taxi to comply with the directions of a hirer shall not apply to a shared hire.

18. Where a licensing authority fixes maximum fares for single hires or shared hires under article 27 of the Regulations of 1995, it may provide at any appointed stands an information sign indicating that the appointed stand is for use for single hire or shared hire purposes and may provide for the display of the relevant maximum fares at any such appointed stand.

19. Article 33 of the Regulations of 1995 is hereby amended--

(a) by the substitution of the following for sub-article (3):

“(3) The driver of a taxi or a wheelchair accessible taxi shall not charge or demand for services which are the subject of maximum fares fixed by a licensing authority rendered in a taximeter area, including a hire which commences in the taximeter area and terminates in an adjoining taximeter area, a greater sum than the maximum fare fixed for such services.”.

(b) by the insertion of the following sub-articles after sub-article (5)--

“(6) Where on or after 1 January 2002 a taxi or a wheelchair accessible taxi is engaged in a hire in respect of which a maximum fare has been fixed by a licensing authority, the driver must--

(a) in the case of a single hire, give to the person who hired the taxi or wheelchair accessible taxi, a receipt which shall contain the information in sub-article (7) and which has been produced automatically from the taximeter, or

(b) in the case of a shared hire, give to each person who hired the taxi or wheelchair accessible taxi, a receipt which shall contain the information in sub-article (7).

(7) A receipt to which sub-article (6) refers shall display the following minimum information--

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

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

(c) the licence number of the taxi or wheelchair accessible taxi.”.

20. The Fourth Schedule to the Regulations of 1995 is substituted by the following--

FOURTH SCHEDULE

Fees

1. A fee of £100 shall be payable in respect of--

(a) the grant of a wheelchair accessible taxi licence,

(b) the renewal of a wheelchair accessible taxi licence,

(c) the renewal of a hackney licence,

(d) the renewal of a limousine licence,

(e) the continuation in force of a taxi licence or a wheelchair accessible taxi licence in respect of another person.

2. A fee of £200 shall be payable in respect of--

(a) the grant of a hackney licence,

(b) the grant of a limousine licence.

3. A fee of £5,000 shall be payable in respect of the grant of a taxi licence.

4. A fee of £500 shall be payable in respect of the renewal of a taxi licence.”.

EXPLANATORY NOTE.

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

These regulations provide for the full resumption of taxi licensing following the recent High Court decision [High Court Judicial Review Record No. 38 JR/2000] and provide for the revocation of regulatory provisions involving quantitative restrictions on the licensing of taxis and hackneys.