Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 8th June, 2010.

The Commission for Taxi Regulation, in exercise of the powers conferred on it by section 34 of the section 34 of the section 34 of the section 34 of the section 34 of the section 34 of the section 34 of the Taxi Regulation Act 2003 ".

Revocations

29. The following Regulations are revoked-

(a) the Road Traffic (Public Service Vehicles) (Amendment) Regulations 1987 ( S.I. No. 139 of 1987 );

(b) the Road Traffic (Public Service Vehicles) (Amendment) Regulations 1997 ( S.I. No. 193 of 1997 );

(c) the Schedule to the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1999 ( S.I. No. 316 of 1999 );

(d) Regulation 21(2) of the Taxi Regulation Act 2003 (Small Public Service Vehicles) (Amendment and Licensing) Regulations 2007 (S.I. No. 710 of 2007);

(e) The Taxi Regulation Act 2003 (Permanent Feature Vehicle Size and Safety Equipment) Regulations 2008 ( S.I. No. 569 of 2008 ).

Regulations 4-8.

SCHEDULE 1

SPSV Initial Suitability Inspection

The applicant for the grant of a small public service vehicle licence shall arrange to submit the vehicle, associated with that application, for inspection prior to the licence being granted to satisfy the inspector that the vehicle concerned meets the following requirements:

In respect of a taxi licence:-

In respect of a wheelchair accessible taxi licence:-

In respect of a hackney licence:-

In respect of a wheelchair accessible hackney licence:-

In respect of a limousine licence:-

Regulations 5 and 7.

SCHEDULE 2

Part 1 Requirements for a Vehicle the subject of an Application for the Grant of a Wheelchair Accessible Taxi Licence or a Wheelchair Accessible Hackney Licence

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

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

3. The vehicle shall 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 shall have an aperture height of at least 1,250 millimetres and an aperture width of at least 735 millimetres.

4. The vehicle shall 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 shall be capable of transporting a combined wheelchair and occupant mass of 300 kilogrammes minimum between the road and the vehicle interior without the assistance of any person but the driver of the vehicle. A ramp, where used, shall 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 shall be accommodated in either a forward facing or rear facing position. This area shall be at least 1,300 millimetres in height measured from the floor to the roof lining and have a length of at least 1,200 millimetres and a width of at least 750 millimetres 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 shall 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 minimum of 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 shall 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 wheelchair's front and rear restraints shall be connected to the front and rear anchorage points, respectively. A 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 millimetres 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 millimetres 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 millimetres 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 millimetres 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 millimetres from the ends of the track and the distance between adjacent bolts or set screws shall not be less than 75 millimetres nor more than 125 millimetres.

(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.

7. The vehicle shall have reasonable provision for luggage relative to the number of seating positions in respect of which the licence application is subsequently granted.

Part 2 Additional Requirements in respect of a Vehicle the subject of an Application for the Renewal of a Wheelchair Accessible Taxi Licence or a Wheelchair Accessible Hackney Licence

1. Any area provided for luggage shall be available for passenger luggage and shall not contain insecure items or be dirty or damp.

2. Wheelchair access through the accessible doors shall be free of obstruction.

3. Ramps or other boarding aids shall be-

(a) present in the vehicle,

(b) available for use,

(c) in fully operational condition,

(d) where detachable, have an adequate locating device to ensure that they do not slip or tilt when in use, and

(e) operable at the accessible doors.

4. The wheelchair space shall be reserved for the exclusive accommodation of a person seated in his or her wheelchair and shall be free from obstruction or intrusion.

5. Restraints for the purpose of securing a general wheelchair to the vehicle shall be present.

6. A safety belt for securing the occupant of the wheelchair shall be present and in full operational condition.

Regulation 8.

SCHEDULE 3

Additional Requirements in respect of a vehicle the subject of an application for the grant or renewal of a limousine licence.

1. Subject to Paragraph 2, a limousine licence may be granted only in respect of a vehicle that has an engine capacity of at least 1,900 cubic centimetres and that 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.

2. The Commission may waive the requirement in relation to engine capacity contained in Paragraph 1 where the vehicle concerned was constructed more than 30 years prior to the date of the application for a limousine licence.

3. Where a passenger is carried in a compartmented section of the vehicle (i.e. an area with seats and a permanent rigid roof), there shall be at least two doors that open into or from this compartmented area. A rear door (vertically hinged) shall constitute a door for the purposes of this paragraph, provided it was clearly designed or constructed for the intended purpose of passenger access.

4. The fitment of a taximeter is prohibited.

5. (1) In relation to stretched vehicles-

(a) the tyre load rating shall be appropriate for the (stretched) design gross vehicle weight, and

(b) a minimum tyre load rating of 107 is required unless documentary evidence in support of a lower rating is supplied.

6. (1) Subject to paragraph (2), no sign or advertisement, other than one prescribed by the Commission, shall be displayed on a vehicle the subject of an application for the grant or renewal of a limousine licence.

(2) A sign of a size no larger than 500 millimetres by 20 millimetres or equivalent area (10,000 square millimetres) may be displayed beneath the rear registration plate bearing the unique identification mark (registration number) of a vehicle referred to in paragraph (1) or on the lower half of the rear window.

(3) The sign referred to in paragraph (2) shall contain the contact details of the owner of the vehicle, the driver of the vehicle, the company which owns the vehicle or to which the vehicle is affiliated or the contact details of the vehicle dealer, agent or supplier.

Regulation 9.

SCHEDULE 4

SPSV Annual Licence Renewal Assessment.

The holder of the vehicle licence shall arrange to submit the vehicle, associated with that licence, for inspection annually no earlier than 90 days prior to the licence expiry date to satisfy the inspector that the vehicle concerned continues to meet the following requirements:

In respect of a taxi licence:-

In respect of a wheelchair accessible taxi licence:-

In respect of a hackney licence:-

In respect of a wheelchair accessible hackney licence:-

In respect of a limousine licence:-

Regulation 14.

SCHEDULE 5

Permanent Feature Vehicle Size

GIVEN under the seal of the Commission for Taxi Regulation,

8 June 2010.

KATHLEEN DOYLE,

Commissioner for Taxi Regulation.

EXPLANATORY NOTE

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

These regulations prescribe the suitability requirements for a vehicle which is intended for use as a small public service vehicle (SPSV). A draft of these Regulations was notified under Directive 98/34/EC.

They further require that in order to make an application for a SPSV licence, the applicant must first demonstrate that the vehicle the subject of the application complies with the suitability requirements in respect of that particular class of SPSV, as defined in this legislation. In addition, they introduce a requirement for relevant vehicles to complete an Annual Renewal Assessment in order to renew a SPSV licence. They also provide for the category of wheelchair accessible hackney licence.