S.I. No. 494/2006 - Taxi Regulation Act 2003 (Fixed Charges Offences) Regulations 2006

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S.I. No. 494/2006 - Taxi Regulation Act 2003 (Fixed Charges Offences) Regulations 2006
STATUTORY INSTRUMENTS
S.I. No. 494 of 2006
Taxi Regulation Act 2003 (Fixed Charges Offences) Regulations 2006
The Commission for Taxi Regulation, in exercise of the powers conferred on it by section 46 of the Taxi Regulation Act 2003 (No. 25 of 2003), with the consent of the Minister for Transport, hereby makes the following regulations:

1.   (1)  These Regulations may be cited as the Taxi Regulation Act 2003 (Fixed Charges Offences) Regulations 2006.
(2)  These Regulations come into operation on 25 September 2006.

2.  In these Regulations “Amendment (No. 2) Regulations of 2006” means the Taxi Regulation Act 2003 (Small Public Service Vehicles) (Amendment) (No. 2 Regulations 2006 ( S.I. No. 493 of 2006 ).

3.  An offence under Part 3 of the Taxi Regulation Act 2003 (No. 25 of 2003 consisting of a contravention of a provision of the Regulations referred to in Schedule 1 is declared to be a fixed charge offence.

4.  The amount of €250 is prescribed for the fixed charges offences referred to in Schedule 1 for the purposes of section 46 of the Taxi Regulation Act 2003 .

5.  The form of notice set out in Schedule 2 is prescribed as the form of notice for the purposes of section 46 of the Taxi Regulation Act 2003 .
Regulation 3.
Schedule 1
€250 Fixed Charge
Offences under Part 3 of the Taxi Regulation Act 2003
Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 ( S.I. No. 136 of 1995 )
Regulation
Description of Contravention
Regulation 33(6) (as inserted by Regulation 19 of the Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 2000 ( S.I. No. 367 of 2000 )).
Failure to provide receipt in respect of taxi or wheelchair accessible taxi.
Regulation 28 (as amended by Regulation 2(e) of the Taxi Regulation Act 2003 (Small Public Service Vehicles) (Amendment) Regulations 2006 ( S.I. No. 154 of 2006 )) and the Eighth Schedule (as amended by Regulation 5(e) of the Amendment (No. 2) Regulations of 2006 ( S.I. No. 493 of 2006 )).
Failure to comply with requirements in relation to taxi sign.
Regulation 35 (as amended by Regulation 5(c) of Amendment (No. 2) Regulations of 2006 ( S.I. No. 493 of 2006 )).
Failure to display driver identification requirements.
 
 
Taxi Regulation Act 2003 (Small Public Service Vehicles) (Licensing Regulations 2006 ( S.I. No. 211 of 2006 )
Regulation
Description of Contravention
Regulation 3 (2) (as inserted by Regulation 2 of the Taxi Regulation Act 2003 (One Vehicle; One Licence) Regulations 2006 ( S.I. No. 439 of 2006 )).
Operation of more than one small public service vehicle licence in respect of a single small public service vehicle.
Taxi Regulation Act 2003 (Tamper-Proof Disc) Regulations 2006 ( S.I. No. 305 of 2006 )
Regulation
Description of Contravention
Regulation 4.
Removal or attempted removal of a tamper- proof disc from a small public service vehicle.
Regulation 4A (as inserted by Regulation 13(b) of the Taxi Regulation Act 2003 (Small Public Service Vehicles) (Licensing) (No. 2) Regulations 2006 ( S.I. No. 467 of 2006 )).
Operation of a small public service vehicle in respect of which a tamper-proof disc is not displayed.
 
 
Taxi Regulation Act 2003 (Small Public Service Vehicles) (Licensing) (No. 2 Regulations 2006 ( S.I. No. 467 of 2006 )
Regulation
Description of Contravention
Regulation 3.
Failure to display required in-vehicle information.
Regulation 4.
Unreasonable refusal to carry passenger where journey not more than 30 kilometres.
Regulation 5(1).
Failure to have taximeter calibrated in line with current maximum fare order.
Regulation 5(3).
Operating taximeter while taxi standing for hire or plying for hire.
Regulation 5(4).
Failure to operate taximeter while taxi on hire.
Regulation 6.
Standing at appointed stand while vehicle not available for hire.
Regulation 7(1).
Refusal to carry Assistance Dog or Guide Dog in small public service vehicle.
Regulation 8.
Failure to provide receipt in respect of hackney or limousine.
Regulation 9.
Operating in county without satisfactory local knowledge.
Regulation 5.
Schedule 2

Fixed Charge Offence
Notice under section 46 of the Taxi Regulation Act 2003
Date __________ (insert date)
(insert name) ... ... ... ... ... ... ... ... ... ....
(insert address)... ... ... ... ... ... ... ... ....
............................................
Alleged Offence
It is alleged that you have committed an offence (specify offence), involving the use of a small public service vehicle bearing licence number _____________ (insert licence number) in a public place at ____________ (insert location)
at __________ (insert time) on _________(insert date).
_____________________
________________________
Name of Authorised Person
Signature of Authorised Person:
Payment of Fixed Charge

1.   In respect of the offence alleged in this notice you may, during the period of 28 days, beginning on the date of this notice, pay a fixed charge of €250 to the Commission for Taxi Regulation at ______________(insert address).

2.   A payment of a fixed charge under this notice must be accompanied by all of this notice, if payment is made in person or by post.

3.   You will not be prosecuted -
(a)  during the period of 28 days from the date of this notice, or
(b)  at all, if the correct payment, in accordance with this notice, during that period, is made in respect of the offence specified in this notice.
Manner of Payment
All fixed charges payable under section 46 of the Taxi Regulation Act 2003 shall be paid to the Commission for Taxi Regulation, 35 Fitzwilliam Square, Dublin 2 and shall be so paid in cash, by cheque, money order or postal order, or by such other means as the Commission for the time being considers appropriate.
Given under the seal of the Commission for Taxi Regulation,
22 September 2006.
__________________
Ger Deering
Commissioner for Taxi Regulation
The Minister for Transport consents to the making of the foregoing regulations.
GIVEN under my Official Seal,
19 September 2006.
____________________
Martin Cullen
Minister for Transport
Explanatory Memorandum
(This note is not part of the instrument and does not purport to be a legal interpretation.)
These Regulations declare contraventions of certain Regulations to be fixed charges offences. These are contraventions of:
▪     Failure to comply with roof sign requirements for taxis and wheelchair accessible taxis, including failure to display current licence number within 28 days of the date of issue of a new licence number;
▪     Failure to display tamper-proof disc;
▪     Failure to provide a receipt;
▪     Operation of more than one small public service vehicle licence in respect of a single vehicle;
▪     Removal or attempt to remove tamper-proof disc;
▪     Failure to display the relevant in-vehicle information in a small public service vehicle;
▪     Removal or attempt to remove the in-vehicle information;
▪     Refusal to carry a passenger for a journey of not more than 30 kilometres;
▪     Failure to have taximeter properly calibrated in line with the current maximum fare;
▪     Causing the taximeter in a taxi or wheelchair accessible taxi to operate while the vehicle is standing for hire or plying for hire;
▪     Failing to operate the taximeter while the taxi or wheelchair accessible taxi is on hire
▪     Refusal to carry a guide dog or other assistance dog;
▪     Standing at an appointed stand when the vehicle is not available for hire;
▪     Operating as a taxi or wheelchair accessible taxi without having demonstrated satisfactory knowledge of the local area;
▪     Failure to display driver identification.
All fixed charges offences declared by these Regulations attract a fixed charge of €250. The Regulations prescribe the form of notice for the purposes of enforcement of the fixed charge offences.

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