S.I. No. 467/2006 - Taxi Regulation Act 2003 (Small Public Service Vehicles) (Licensing) (No. 2) Regulations 2006

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S.I. No. 467/2006 - Taxi Regulation Act 2003 (Small Public Service Vehicles) (Licensing) (No. 2) Regulations 2006
STATUTORY INSTRUMENTS
S.I. No. 467 of 2006
Taxi Regulation Act 2003 (Small Public Service Vehicles) (Licensing) (No. 2) Regulations 2006
The Commission for Taxi Regulation, in exercise of the powers conferred on it by sections 34 and 39 of the Taxi Regulation Act 2003 (No. 25 of 2003), hereby makes the following regulations:

1.   (1)  These Regulations may be cited as the Taxi Regulation Act 2003 (Small Public Service Vehicles) (Licensing) (No. 2) Regulations 2006.
(2)  These Regulations come into operation on 25 September 2006.

2.   In these Regulations -
“Commission” means the Commission for Taxi Regulation;
“current maximum fare” means the maximum fare most recently fixed by the Commission by order under section 42 of the Taxi Regulation Act 2003 (No. 25 of 2003);
“registered medical practitioner” means a person registered in the General Register of Medical Practitioners established under the Medical Practitioners Acts 1978 to 2000.

3.   (1)  The holder of a small public service vehicle licence shall display in the small public service vehicle the relevant in-vehicle information provided by the Commission, in the manner determined by the Commission.
(2)  The information referred to in paragraph (1) includes:
(a)  the rights and obligations of consumers relevant to the class of small public service vehicle concerned;
(b)  in taxis and wheelchair accessible taxis, details of the current maximum fare;
(c)  the small public service vehicle licence number;
(d)  such other information as may be determined by the Commission.
(3)  The holder of a small public service vehicle licence or the driver of a small public service vehicle shall not, without the prior consent of the Commission, remove or attempt to remove the in-vehicle information referred to in paragraph (1).

4.   The driver of a taxi or a wheelchair accessible taxi who is plying for hire or standing for hire shall not unreasonably refuse to carry a passenger where that passenger's proposed journey is not more than 30 kilometres in distance from the commencement of the journey.

5.   (1) The driver of a taxi or a wheelchair accessible taxi shall not operate a vehicle as a small public service vehicle unless the taximeter fitted to the vehicle he or she is driving is properly calibrated in accordance with the current maximum fare.
(2) When a maximum fares order is made by the Commission, the holder of a taxi or wheelchair accessible taxi licence shall have his or her taximeter calibrated in accordance with the current maximum fare within a period of 21 days from the date on which the maximum fares order comes into operation.
(3) The driver of a taxi or a wheelchair accessible taxi shall not, while such vehicle is standing for hire or plying for hire, cause the taximeter in the vehicle to commence operating.
(4) Subject to paragraph (5), the driver of a taxi or wheelchair accessible taxi shall operate the taximeter for so long as the vehicle is on hire.
(5) In circumstances other than where the taxi or wheelchair accessible taxi is standing for hire or plying for hire, where there is a prior written agreement between the driver or operator and the consumer confirming -
(a) the charge for a pre-booked service, and
(b) that the consumer waives his or her right to have the fare calculated on the taximeter,
the fare may be calculated other than by means of the taximeter.

6. The driver of a taxi or wheelchair accessible taxi shall not allow the vehicle to stand at an appointed stand unless the vehicle concerned is available for hire.

7. (1) Notwithstanding Regulation 54(6) of the Road Traffic (Public Service Vehicles) Regulations 1963 ( S.I. No. 191 of 1963 ) and subject to paragraph (2) the driver of a small public service vehicle shall not refuse to carry in his or her vehicle a guide dog or other assistance dog accompanying a person with disabilities.
(2)  The driver of a small public service vehicle may refuse to carry a guide dog or other assistance dog in his or her vehicle where that driver has furnished to the Commission, in advance of the refusal, a written statement from a registered medical practitioner certifying that the driver concerned is medically unfit to carry a dog in his or her vehicle.

8. (1) The driver of a small public service vehicle shall provide to the passenger a receipt, as determined by the Commission, at the end of his or her journey.
(2) In respect of a hackney, the receipt referred to in paragraph (1) shall include:
(a) the receipt number;
(b) the small public service vehicle licence number;
(c) the unique identification mark (registration number) of the vehicle;
(d) the date;
(e) the distance travelled in kilometres;
(f) the amount charged.
(3) In respect of a limousine, the receipt referred to in paragraph (1) shall include:
(a) the receipt number;
(b) the small public service vehicle licence number,
(c) the unique identification mark (registration number) of the vehicle;
(d) the date;
(e) the amount charged.

9. A taxi or wheelchair accessible taxi may stand for hire or ply for hire only in the county in respect of which the driver of the vehicle concerned has demonstrated a satisfactory knowledge of the local area, as determined by the Commission.

10. A passenger in a small public service vehicle shall not consume food or drink in that vehicle without the prior express consent of the driver.

11. A certificate of insurance in respect of a small public service vehicle shall be in such form as may be determined by the Commission.

12. Regulation 4 of the Taxi Regulation Act 2003 (Small Public Service Vehicles (Licensing) Regulations 2006 ( S.I. No. 211 of 2006 ) is revoked.

13. The Taxi Regulation Act 2003 (Tamper-Proof Disc) Regulations 2006 ( S.I. No. 305 of 2006 ) are amended -
(a) in Regulation 4 by substituting “shall not, without the prior consent of the Commission, for “shall not”, and
(b) by inserting after Regulation 4 the following:
“4A. A person shall not operate or purport to operate a small public service vehicle licence in relation to a vehicle in respect to which no tamper-proof disc has been affixed in accordance with Regulation 3.”.
Given under the seal of the Commission for Taxi Regulation,
1 September 2006.
Ger Deering
Commissioner for Taxi Regulation
Explanatory Memorandum
(This note is not part of the instrument and does not purport to be a legal interpretation.)
These Regulations provide for a number of matters relating to the licensing of small public service vehicles. These include:
▪    The requirement to display certain in-vehicle information;
▪    The requirement to carry a passenger where the journey is not more than 30 kilometres;
▪    The requirement to have the vehicle's taximeter properly calibrated in line with the current maximum fare;
▪    The requirement to operate the taximeter for all journeys that are not pre-booked and subject to a prior written agreement. These include all taxi or wheelchair accessible taxi hires that are hailed on the street or engaged at taxi ranks (including those at transport terminals);
▪    The prohibition on taxis or wheelchair accessible taxis using taxi ranks other than when the vehicle is available for hire;
▪    The requirement to carry guide dogs or other assistance dogs;
▪    The prohibition on passengers eating or drinking in the vehicle;
▪    The requirement on all small public service vehicles to issue receipts;
▪    The requirement on a driver to have satisfactory knowledge of the area in which he or she intends to stand or ply for hire.

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