S.I. No. 286/1938 - The Weights and Measures (Taximeter: Section 136 of the Road Traffic Act, 1933), Regulations, 1938.

STATUTORY RULES AND ORDERS. 1938. No. 286.

THE WEIGHTS AND MEASURES (TAXIMETER: SECTION 136 OF THE ROAD TRAFFIC ACT, 1933), REGULATIONS, 1938.

THE WEIGHTS AND MEASURES (TAXIMETER: SECTION, 136 OF THE ROAD TRAFFIC ACT, 1933 ), REGULATIONS 1938, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 26th DAY OF JULY, 1938, PURSUANT TO SUB-SECTION (5) OF SECTION 136 of THE ROAD TRAFFIC ACT, 1933 .

WHEREAS it is enacted by sub-section (5) of Section 136 of the Road Traffic Act, 1933 , that the power of making general regulations vested in the Minister for Industry and Commerce by virtue of Section 5 of the Weights and Measures Act, 1904, shall include power to make, after consultation with the Minister for Local Government and Public Health, general regulations with respect to the provision and maintenance of standards and equipment by the Commissioner of the Gárda Síochána under the said Section 136 and the verification of such standards and equipment, and with respect to the guidance of special inspectors in the execution and performance of their duties under the said Section 136, and that the said Section 5 shall be construed and have effect accordingly :

NOW, THEREFORE, the Minister for Industry and Commerce, in exercise of the powers conferred on him by sub-section (5) of Section 136 of the Road Traffic Act, 1933 , and of every and any other power him in this behalf enabling, and after consultation with the Minister for Local Government and Public Health, hereby makes the following general regulations, that is to say :—

1. These Regulations may be cited for all purposes as the Weights and Measures (Taximeter : Section 136 of the Road Traffic Act, 1933 ), Regulations, 1938.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3. In these Regulations—

the expression " the Minister " means the Minister for Industry and Commerce ;

the expression " the Commissioner " means the Commissioner of the Gárda Síochána ;

the expression " special inspector " means a special inspector appointed under Section 136 of the Road Traffic Act, 1933 .

PROVISION AND MAINTENANCE OF STANDARDS AND EQUIPMENT BY THE COMMISSIONER.

4. The Commissioner shall provide and maintain in good order for the use of the special inspectors in accordance with the form, material design and quantity directed by the Minister from time to time—

(a) the requisite equipment ;

(b) dies, punches and stamping implements where necessary for impressing the verification stamp or for obliterating the stamp ;

(c) any other article which, in the opinion of the Minister, is required for the purpose of carrying out the work of the special inspector.

5. Every article provided by the Commissioner under these regulations shall be maintained by the Commissioner in good order and condition to the satisfaction of the Minister.

6. The Commissioner shall provide and maintain to the satisfaction of the Minister suitable office accommodation with such office equipment and facilities as may be necessary for the proper performance by the special inspectors of these duties, together with cases or presses for the due security of their standards, equipment and books.

VERIFICATION OF STANDARDS AND EQUIPMENT.

7. Every article provided by the Commissioner under these regulations for special inspectors shall be submitted annually for verification at such times and in such manner as the Minister may appoint.

GUIDANCE OF SPECIAL INSPECTORS IN THE EXECUTION AND PERFORMANCE OF THEIR DUTIES.

8. On the appointment of a special inspector or the termination of the appointment of a special inspector, notice thereof shall be given by the Commissioner to the Minister.

9. Every special inspector shall keep such records and furnish such reports and returns as the Minister shall from time to time direct.

10. All taximeters presented to a special inspector for testing shall be in a thoroughly clean condition, with all observation windows free from chips or splits, and the special inspector shall be justified in refusing to test any taximeter which does not comply with this requirement.

11. The form and design of the stamp of verification used by a special inspector for the stamping of taximeters shall be as under, the letter é; to denote Éire and the letter T to denote taximeter, the figures on the left of the letter T to correspond to the numberassigned to the individual special inspector, and the figures on the right of the letter T to indicate the year of verification.

The punch to be used for obliteration of stamps shall bear the following design : the figures indicating the number assigned to the individual special inspector, and the letter " T " taximeter—

The material of which stamps or punches are made under these regulations shall be hard steel, or other approved material.

12. A special inspector shall not, on verification, stamp any taximeter unless the following requirements are complied with—

(a) Every taximeter must be provided with a sufficient number of wire and lead seal combinations of an approved pattern, or with other approved sealing material for the purpose of receiving the impression of the special inspector's stamp ;

(b) Every taximeter must be provided with mechanism capable of showing clearly in slots—

(1) The amount in shillings and pence payable by the hirer for time or for distance travelled, or for time and distance combined, with the word " Fare " in a conspicuous position immediately above or below such slots ;

(2) The amount in shillings and pence chargeable for extras with the word " Extras " in a conspicuous position immediately above or below such slots. The mechanism should be capable of being advanced only by units of three pence from zero ;(3) When the flag or lever is in a vertical position the words " For Hire " must appear in appropriate slot ; when moved to the horizontal position the word " Hired " must appear. If the word " Hired " is repeated in the slot by a further movement of the flag or lever, no difference in the actual amount registered should result. When the flag or lever is brought further to the horizontal position the time registration mechanism must stop, and the word " Stopped," " Cash," or other expression denoting that time registration has stopped must appear on the slot.

(c) Every taximeter shall have a metal flag bearing the words " For Hire " in letters of the block type at least two inches in height and of proportionate thickness and of a colour distinct from the colour of the background, so that they may be easily read at a distance, and the arm or lever carrying the flag shall be of such a length that when vertical the lower edge of the flag shall be above the highest part of the meter. The flag should be hidden as far as possible from view when in use. No position of the flag is permissible in which the fare is obscured other than the " For Hire " position. When the flag lever is in a vertical position, i.e., " For Hire," no record of previous transactions should appear in the money slots and the various mechanisms should then be in the zero position.

(d) Every taximeter shall be tested in accordance with the tests mentioned in Part I of the Schedule to these regulations.

13. On the verification or inspection of taximeters the special inspectors shall comply with the instructions mentioned in Part III of the Schedule to these regulations.

14. In no case must it be possible for the flag or lever to return from " Stopped " to the " For Hire " position without passing through the " Stopped " position.

15. The gear operating the distance recording apparatus, if not enclosed in the main part of the taximeter, must be capable of being sealed in an approved manner.

16. A plate of approved design and pattern, or other suitable means approved, must be attached to the taximeter in such a manner that it cannot be removed without breaking the seal on the taximeter, and must bear raised or sunken words denoting the measurement of the effective circumference of the wheel by which the taximeter will be driven and its accuracy tested.

17. Every taximeter subject to verification and stamping by a special inspector shall be inspected by a special inspector at least once in every year. On every such inspection the special inspector shall apply the tests mentioned in Part II of the Schedule to these regulations. Special surprise inspections shall also be made from time to time.

18. Where a duly stamped taximeter, which has not been repaired, adjusted or altered since stamping is found on inspection by a special inspector to be correct within the limits laid down in these regulations, he shall not obliterate the stamp, but may impress a date stamp.

19. The special inspector shall, on inspection, obliterate the stamp on any taximeter—

(a) which is such that it should not have been stamped or cannot be re-stamped under these regulations ;

(b) on which the allowances for error laid down in Part II of the Schedule to these regulations are exceeded ;

(c) where a material part is broken or injured to such an extent as to affect materially the accuracy of the instrument ;

(d) on any instrument where repair or alteration has taken place since the last stamping ;

(e) on any pattern of which the Minister has notified his disapproval under Section 6 of the Weights and Measures Act, 1904 ;

(f) if it be a stamp which is not prescribed by the Minister.

20. The following personal obligations are imposed on every special inspector :—

(a) A special inspector shall not wilfully disclose or cause to be disclosed directly or indirectly the secrets of the business of any manufacturer, agent, trader or repairer, of which secrets the special inspector has become possessed in the course of the performance of his duties, nor shall he otherwise betray the confidence of his office.

(b) A special inspector shall not accept any gratuity or reward from any manufacturer, agent, trader or repairer.

(c) A special inspector shall not recommend either directly or indirectly any particular manufacturer, repairer or agent, with respect to the purchase, provision, repair, or adjustment of any taximeter ; and shall not in his office exhibit the advertisement or notice of any manufacturer, repairer or agent who supplies, repairs or adjusts taximeters.

GENERAL.

21. Where in any particular case or cases special circumstances exist which in the opinion of the Minister render it expedient so to do, the Minister may dispense with any requirement of these regulations or may vary such requirement upon such conditions, if any, as he may see fit to impose.

22. (a) Regulation 14 of the Weights and Measures (General) Regulations, 1928, is hereby amended by the inspertion of the words " other than taximeters subject to inspection, verification and stamping by special inspectors " after the words " measuring instrument " in the second line of that regulation.

(b) Regulation 132 of the Weights and Measures (General) Regulations, 1928, is hereby repealed, in respect of taximeters subject to inspection, verification and stamping by special inspectors.

SCHEDULE.

PART I.

TESTS ON VERIFICATION.

All taximeters, including approved front wheel drive or gear box drive, should, having been provided with the approved sealing material, be subject to the following tests ;—

(a) The vehicle should be driven over a distance of 8,800 yards (eight thousand eight hundred yards) at varying speeds for the purpose of testing the recording apparatus for distance.

(b) The accuracy of the time apparatus should be tested for a period of not less than one hour with the vehicle in a stationary position.

The allowance for error in either test shall not exceed four per cent. in deficiency. No error in excess shall be allowed.

PART II.

TESTS ON INSPECTION.

All taximeters shall be subject to the following tests ;—

(a) The vehicle should be driven over a distance of 1,760 yards (one thousand seven hundred and sixty yards) for the purpose of testing the recording apparatus for distance.

(b) The accuracy of the time apparatus should be tested for a period of not less than fifteen minutes with the vehicle in a stationary position.

The allowance for error in either test shall not exceed 6.25 per cent. in deficiency. No error in excess shall be allowed.

PART III.

INSTRUCTIONS.

The effective circumference of the road wheel to which the taximeter transmission gearing is attached is the distance which the vehicle moves forward for one complete revolution of the road wheel, and may be measured by making a mark on the tyre of the road wheel where it touches the ground, and pushing the vehicle in a straight line till this mark is again in contact with the ground, the vehicle being in its normal position.

The mechanism for driving the distance recording gearing of taximeters must not be fitted to one of the driving road wheels.

Given under the Seal of Office of the Minister for Industry and Commerce this 26th day of July, 1938.

(Signed), JOHN LEYDON,

Secretary,

Department of Industry and Commerce.