S.I. No. 136/1995 - Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1995.

S.I. No. 136 of 1995.

ROAD TRAFFIC (PUBLIC SERVICE VEHICLES) (AMENDMENT) REGULATIONS, 1995.

The Minister for the Environment in exercise of the powers conferred on him by section 5 of the Road Traffic Act, 1961 (No. 24 of 1961) and section 82 of that Act as amended by section 57 of the Road Traffic Act, 1968 (No. 25 of 1968) hereby makes the following Regulations:

1. (1) These Regulations may be cited as the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1995.

(2) These Regulations and the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1993 shall be construed as one and may be cited together as the Road Traffic (Public Service Vehicles) Regulations, 1963 to 1995.

2. These Regulations shall come into operation on the 1st day of September, 1995.

3. (1) In these Regulations, save where the context otherwise requires:

"the Act" means the Road Traffic Act, 1961 ;

"the Regulations of 1978" means the Road Traffic (Public Service Vehicles) (Licensing) Regulations, 1978 ( S.I. No. 292 of 1978 );

"hackney" means a small public service vehicle in respect of which a hackney licence has been granted;

"hackney licence" means a licence granted in respect of a small public service vehicle by a licensing authority under article 14;

"licensing authority" means the council of a county, the corporation of a county or other borough, or the council of an urban district;

"lighting-up hours" has the meaning assigned to it in article 2 of the Road Traffic General Bye-Laws, 1964 ( S.I. No. 294 of 1964 );

"reserved function" means—

( a ) in the case of the council of a county, the corporation of a borough or the council of an urban district, a reserved function for the purposes of the County Management Acts, 1940 to 1994, and

( b ) in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough;

"taxi" means a small public service vehicle in respect of which a taxi licence has been granted;

"taxi licence" and "wheelchair accessible taxi licence" mean licences granted in respect of small public service vehicles by a licensing authority under article 13.

(2) In these Regulations, any reference to a taximeter area shall include—

( a ) all of the areas specified in column 1 of the First Schedule, and

( b ) any area declared to be a taximeter area by a licensing authority in accordance with the provisions of article 7.

(3) In these Regulations, any reference to a wheelchair shall be construed as a reference to a wheelchair which has maximum dimensions when unoccupied of:

(4) In these Regulations, any reference to a wheelchair accessible taxi shall be construed as a reference to a vehicle—

( a ) which has been constructed or adapted so as to be capable of accommodating a person seated in a wheelchair,

( b ) which has seating accommodation for at least three passengers in addition to a passenger seated in a wheelchair,

( c ) which complies with the requirements for wheelchair facilities in such a vehicle as set out in the Second Schedule, and

in respect of which a wheelchair accessible taxi licence has been granted.

(5) ( a ) In these Regulations, any reference to an article or Schedule which is not otherwise identified is a reference to an article of, or Schedule to, these Regulations.

( b ) In these Regulations, any reference to a sub-article, paragraph or sub-paragraph which is not otherwise identified is a reference to the sub-article, paragraph or sub-paragraph of the provision in which the reference occurs.

4. (1) The following Regulations are hereby revoked:

( a ) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1979 ( S.I. No. 242 of 1979 );

( b ) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1980 ( S.I. No. 54 of 1980 );

( c ) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1981 ( S.I. No. 66 of 1981 );

( d ) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1986 ( S.I. No. 300 of 1986 );

( e ) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1987 ( S.I. No. 184 of 1987 );

( f ) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1991 ( S.I. No. 272 of 1991 );

( g ) The Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1991 ( S.I. No. 302 of 1991 );

( h ) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1992 ( S.I. No. 32 of 1992 );

( i ) The Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1992 ( S.I. No. 172 of 1992 );

( j ) The Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations, 1992 ( S.I. No. 308 of 1992 );

( k ) The Road Traffic (Public Service Vehicles) (Amendment) (No. 4) Regulations, 1992 ( S.I. No. 358 of 1992 );

( l ) The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1993 ( S.I. No. 29 of 1993 ).

(2) Article 4 of the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1987 ( S.I. No. 139 of 1987 ) is hereby revoked.

5. (1) Reference to the use of, and conditions applying to, a public hire vehicle in the Regulations collectively cited in article 1 (2) shall be construed as including a reference to a taxi and a wheelchair accessible taxi save where specific reference to the use of, or conditions applying to, such vehicles are contained in these Regulations.

(2) Reference to the use of, and conditions applying to, a private hire vehicle in the Regulations collectively cited in article 1 (2) shall be construed as including a reference to a hackney save where specific reference to the use of, or conditions applying to, such a vehicle is contained in these Regulations.

6. (1) Each function of a licensing authority set out in the Third Schedule shall be a reserved function.

(2) Subject to article 7 (4), before exercising a reserved function under article 7 or 8, a licensing authority shall—

( a ) consult with the Commissioner,

( b ) where the function relates to a taximeter area which includes part or all of the functional area of another licensing authority, consult with that authority,

( c ) where a function under article 7 relates to a taximeter area which is within the functional area of the licensing authority and which forms part of an existing taximeter area, for which the licensing authority is not the appropriate licensing authority, consult with the licensing authority for that existing taximeter area,

( d ) publish a notice in one or more newspapers circulating in the functional area of the authority—

(i) indicating that it is proposed to exercise the function, and

(ii) stating that representations in relation to the proposal may be made in writing to the licensing authority before a specified date (which shall be not less than one month after the publication of the notice),

( e ) consider any observations made by the Commissioner or by any licensing authority consulted under paragraph (b) or (c) and any representations made pursuant to paragraph (d) (ii).

7. (1) A licensing authority may—

( a ) declare an area to be a taximeter area, and

( b ) extend or otherwise alter the boundary of a taximeter area.

(2) Subject to sub-article (4), an area declared to be a taximeter area or a taximeter area as extended or altered by a licensing authority in accordance with sub-article (1), may include part or all of the functional area of another licensing authority.

(3) The areas referred to as taximeter areas in article 3 (2) (a) shall be regarded as being taximeter areas for the purposes of this article and each local authority named in column 2 of the First Schedule shall be regarded as a licensing authority.

(4) Where a licensing authority propose to declare an area to be a taximeter area or to extend or otherwise alter the boundary of a taximeter area, and the said taximeter area or proposed extended or altered taximeter area includes part or all of the functional area of another licensing authority, the function shall not be exercised save with the agreement of that other authority.

(5) Where a licensing authority—

(i) declare an area to be a taximeter area, or

(ii) extend the boundary of a taximeter area,

and where that area or extended area forms part of an existing taximeter area, that area or extended area shall cease to be part of the existing taximeter area on such date as shall be specified by the licensing authority making the declaration or extension.

(6) An area forming part of a taximeter area specified in column 1 of the First Schedule shall not be included as part of a new taximeter area declared or extended under this article until a period of at least one year has elapsed following the commencement of these Regulations.

8. (1) Where a licensing authority has declared an area to be a taximeter area, it may determine from time to time that a specified number of taxi licences or wheelchair accessible taxi licences, or both such licences, may be granted in respect of that taximeter area.

(2) A licensing authority named in column 2 of the First Schedule may determine from time to time that a specified number of taxi licences or wheelchair accessible taxi licences, or both such licences, may be granted in respect of the area referred to in column 1 opposite the said named authority.

9. Where a licensing authority has made a determination in accordance with article 8 as to the number of taxi licences or wheelchair accessible taxi licences which may be granted, it shall cause notice of such determination, the period within which applications may be made and the place at which applications may be submitted, to be given in one or more newspapers circulating in the taximeter area.

10. Applications for taxi licences, wheelchair accessible taxi licences and hackney licences shall be made in such form and manner as shall be determined by a licensing authority and shall be accompanied by the appropriate fee specified in the Fourth Schedule.

11. (1) ( a ) Subject to paragraph (b), a licensing authority shall consider one application made to it for a taxi licence or a wheelchair accessible taxi licence in respect of each person who makes an application.

( b ) Where a licensing authority has declared an area to be a taximeter area and where taxi licences or wheelchair accessible taxi licences are to be granted in respect of that area for the first time, the licensing authority may consider more than one application for such licences from a person who is the holder of more than one hackney licence granted or deemed to be granted by the licensing authority under article 14 but shall not consider a number of applications from such person in excess of the number of such hackney licences held by such person on the day the area was declared to be a taximeter area.

(2) Where the number of applications received for the grant of taxi licences or wheelchair accessible taxi licences exceeds the number determined by a licensing authority in accordance with article 8, the licensing authority shall—

( a ) where the licences are to be granted in respect of a taximeter area for the first time, consider the applications in accordance with the criteria set out in the Fifth Schedule,

( b ) in all other cases consider the applications in accordance with the criteria set out in the Sixth Schedule.

(3) Where having regard to the provisions of sub-article (2) (a) or (b), the number of applications on equal points for the remaining taxi licence or licences or wheelchair accessible taxi licence or licences exceeds the number of such licence or licences, the licensing authority shall determine the grant of such licence or licences by lot.

12. (1) This article shall apply to taxi licences and wheelchair accessible taxi licences.

(2) A licensing authority shall make an offer of a licence to which this article applies to an applicant having considered applications made to it in accordance with article 11.

13. (1) The grant of a taxi licence or a wheelchair accessible taxi licence to an applicant to whom an offer of a grant of such a licence has been made under article 12 shall only be made—

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

( b ) where the applicant presents to the licensing authority 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 and that the vehicle complies with the Regulations in operation under section 11 of the Act applicable to the vehicle, and

( c ) where the applicant satisfies the licensing authority that the use of the vehicle as a taxi or as a wheelchair accessible taxi is or will be covered by insurance.

(2) Where an applicant to whom an offer of the grant of a taxi licence or a wheelchair accessible taxi licence has been made does not comply with the provisions of sub-article (1) within a period which shall be determined by the licensing authority, the said licensing authority shall, without further notice to the said applicant, make an offer of the grant of a taxi licence or a wheelchair accessible taxi licence as appropriate to another applicant provided article 11 is complied with in relation to the making of such an offer.

14. (1) ( a ) A licensing authority may grant hackney licences in its functional area.

( b ) A licensing authority may, where it considers it appropriate, determine that hackney licences shall not be granted in its functional area.

(2) The grant of a hackney licence to an applicant shall only be made—

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

( b ) where the applicant presents to the licensing authority 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 hackney and that the vehicle complies with the Regulations in operation under section 11 of the Act applicable to the vehicle, and

( c ) where the applicant satisfies the licensing authority that the use of the vehicle as a hackney is or will be covered by insurance.

(3) ( a ) A licensing authority may apply conditions to the operation of hackneys in respect of which licences have been granted or renewed by the authority in accordance with these Regulations.

( b ) Without prejudice to the generality of paragraph (a), a licensing authority may prohibit or restrict the initiation or commencement of hires by hackneys in specified parts of the functional area of the authority.

15. (1) Where prior to the date on which these Regulations come into operation, the Commissioner has granted a public hire vehicle licence, that licence shall be deemed to be a taxi licence granted under article 13 by the licensing authority named in column 2 of the First Schedule opposite the taximeter area referred to in column 1 in respect of which taximeter area the public hire vehicle licence was granted and that licence shall continue in force until the date on which it is due to expire.

(2) Where prior to the date on which these Regulations come into operation, the Commissioner has granted a wheelchair accessible public hire vehicle licence, within the meaning of article 3 of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1992 ( S.I. No. 172 of 1992 ), that licence shall be deemed to be a wheelchair accessible taxi licence granted under article 13 by Dublin Corporation and that licence shall continue in force until the date on which it is due to expire.

(3) Where prior to the date on which these Regulations come into operation, the Commissioner has granted a small public service vehicle licence, other than a licence referred to in sub-articles (1) and (2), that licence shall be deemed to be a hackney licence granted under article 14 by the licensing authority in whose functional area the address of the holder of the licence is situated and that licence shall continue in force until the date on which it is due to expire.

16. (1) Where a taxi licence, a wheelchair accessible taxi licence or a hackney licence has been granted or deemed to be granted by a licensing authority in accordance with these Regulations, the said licensing authority may, subject to this article, renew the said taxi licence, wheelchair accessible taxi licence or hackney licence.

(2) A taxi licence or a wheelchair accessible taxi licence shall only be renewed—

( a ) where article 13 (1) (b) and (c) has been complied 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 the renewal is received by the licensing authority on or before a date six months following the date of expiry of the licence.

(3) A hackney licence shall only be renewed—

( a ) where article 14 (2) (b) and (c) has been complied 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 the renewal is received by the licensing authority on or before a date six months following the date of expiry of the licence.

17. (1) A person who holds a taxi licence, a wheelchair accessible taxi licence or a hackney licence may, subject to this article, apply to the licensing authority which granted the licence to have the said licence continue in force in respect of a different vehicle.

(2) The approval by a licensing authority of an application for the continuance in force of a licence under this article shall only be granted—

( a ) where the applicant presents to the licensing authority 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 or as a hackney and that the vehicle complies with the Regulations in operation under section 11 of the Act applicable to the vehicle, and

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

(3) The approval by a licensing authority of an application for the continuance in force of a licence under this article shall not affect the period in respect of which the licence remains in force.

18. (1) Subject to sub-articles (5) and (6), a person to whom a vehicle, in respect of which a taxi licence or a wheelchair accessible taxi licence has been granted, is being sold or otherwise transferred may apply to the licensing authority which granted the licence to have the said licence continue in force.

(2) The approval by a licensing authority of an application for the continuance in force of a licence under this article shall only be granted—

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

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

(3) An applicant for the transfer of a taxi licence or a wheelchair accessible taxi licence shall comply with the provisions of sub-article (2) at the time at which the application for the transfer of the licence is being made.

(4) The approval by the licensing authority of an application for the continuance in force of a taxi licence or a wheelchair accessible taxi licence under this article shall not affect the period in respect of which the licence remains in force.

(5) A licensing authority may apply conditions or restrictions to the application of the provisions of this article.

(6) The provisions of this article shall not apply to licences granted by the Commissioner under the Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1991 ( S.I. No. 272 of 1991 ), the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1992 ( S.I. No. 172 of 1992 ) or the renewals of such licences under article 16 for a period of five years from the date on which they were granted.

(7) The provisions of sub-articles (2), (3), (5) and (6) shall not apply where, upon the death of the holder of a licence, the licence has devolved to the holder's personal representative.

19. A licence granted by a licensing authority in accordance with articles 13 and 14 or renewed by a licensing authority in accordance with article 16 shall remain in force for a period of two years from the date on which it was granted or renewed.

20. (1) Subject to sub-article (2), a licence granted or renewed under these Regulations shall be in such form as shall be determined by the licensing authority.

(2) A licence granted or renewed under these Regulations shall state—

( a ) the name of the licensing authority which granted or renewed the licence,

( b ) the date on which the licence was granted or renewed,

( c ) the name and address of the person to whom the licence was granted or renewed,

( d ) the licence number,

( e ) the number of persons for which the vehicle has passenger accommodation, and

( f ) the registration number of the vehicle in respect of which the licence was granted or renewed.

(3) Where it is proposed to grant or renew a hackney licence, the licence shall, in addition to the matters set out in sub-article (2) contain details of any conditions which the licensing authority has applied to the operation of the hackney in accordance with article 14(3).

21. (1) Subject to sub-articles (2) and (3), the holder of a taxi licence, a wheelchair accessible taxi licence or a hackney licence may at any time surrender the licence to the licensing authority named on the licence and the said licence shall be deemed to have expired and shall not be renewed.

(2) The holder of a taxi licence may at any time surrender the licence to the licensing authority named on the licence and apply for the grant of a wheelchair accessible taxi licence.

(3) Notwithstanding any other provision of these Regulations, a licensing authority may grant a wheelchair accessible taxi licence to the holder of a taxi licence who surrenders the said taxi licence in accordance with sub-article (2) where the provisions of article 13 (1) (b) and (c) have been complied with.

22. (1) The holder of a taxi licence, a wheelchair accessible taxi licence or a hackney licence shall, within one month after any change of address, send to the licensing authority the licence together with a statement in writing stating the fact of such change and giving particulars of the new address.

(2) Where the holder of a taxi licence, a wheelchair accessible taxi licence or a hackney licence has died the personal representative of such holder shall send to the licensing authority a statement in writing of the death together with particulars of the name and address of the personal representative.

23. Where the holder of a taxi licence, a wheelchair accessible taxi licence or a hackney licence is convicted of an offence, which in the opinion of the court renders the holder unfit to hold such a licence, the court may at its discretion suspend the licence for such period as it thinks fit or may revoke the licence and shall notify the licensing authority of any such suspension or revocation.

24. (1) A licensing authority may at any time on the advice of, or following consultation with, the Commissioner suspend a taxi licence, a wheelchair accessible taxi licence or a hackney licence where the condition of the vehicle is such that the Commissioner would not issue a certificate under article 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.

(2) On the suspension of a taxi licence, a wheelchair accessible taxi licence or a hackney licence, the licensing authority shall send notice of the suspension to the owner of the vehicle at the address shown in the register referred to in article 25 but failure to send such notice or any error or inaccuracy in the notice shall not invalidate the suspension.

(3) The licensing authority may at any time remove the suspension of a taxi licence, a wheelchair accessible taxi licence or a hackney licence imposed under this article.

(4) On suspension, a taxi licence, a wheelchair accessible taxi licence or a hackney licence shall cease to be in force for the period of the suspension or until the suspension is removed.

25. (1) A licensing authority shall keep a register of all taxi licences, wheelchair accessible taxi licences and hackney licences granted or renewed under these Regulations.

(2) The register shall contain particulars of the name and address of each holder of a licence, every change of address notified under article 22 (1), the licence number, all revocations and suspensions of each licence and all removals of such suspensions.

(3) The register shall be available for inspection at all reasonable times.

(4) A licensing authority may, on payment of the appropriate fee specified in the Fourth Schedule, issue a certificate that a specified person was on a specified day the holder of a licence granted or renewed under these Regulations or that on a specified day a licence was in force in respect of a specified vehicle.

26. (1) Subject to sub-article (7), where a licensing authority refuses to grant or renew a taxi licence, a wheelchair accessible taxi licence or a hackney licence or where a licensing authority suspends a taxi licence, a wheelchair accessible taxi licence or a hackney licence or where a licensing authority refuses an application for the continuance in force of a licence the owner of the vehicle may appeal against such refusal or suspension.

(2) Where the Commissioner refuses to issue a certificate under article 13 (1) (b), article 14 (2) (b) or article 17 (2) (a) the owner of the vehicle may appeal against such refusal.

(3) An appeal under this article shall be to the Justice of the District Court having jurisdiction—

( a ) in the case of a taxi licence or a wheelchair accessible taxi licence, in the taximeter area, or

( b ) in the case of a hackney licence, in the area in which the name and address of the owner of the vehicle shown is situated.

(4) On the hearing of an appeal under sub-article (1), the Justice may either confirm the refusal or suspension or direct the licensing authority to grant or renew the licence or remove the suspension.

(5) On the hearing of an appeal under sub-article (2), the Justice may either confirm the refusal or direct the Commissioner to issue the certificate.

(6) The Justice shall cause notice of the decision on an appeal under this article to be given to the licensing authority against whose decision the appeal was taken or, as appropriate, to the Commissioner and the licensing authority or Commissioner shall comply with any such decision.

(7) An appeal under this article against a refusal to grant a licence shall not apply—

( a ) in the case of a taxi licence or a wheelchair accessible taxi licence, where a determination has not been made under article 8, and

( b ) in the case of a hackney licence, where a licensing authority has determined under article 14 (1) (b) that hackney licences shall not be granted.

27. (1) A licensing authority may fix the 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 the provisions of article 7.

(2) A licensing authority named in column 2 of the First Schedule may fix the maximum fares for taxis and wheelchair accessible taxis in respect of the area referred to in column 1 opposite the said named authority.

(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, on the payment of the appropriate fee specified in the Fourth Schedule, issue a certificate that on a specified day a specified fare was the maximum fare fixed for taxis and wheelchair accessible taxis in respect of the taximeter area.

(5) Where a licensing authority has fixed maximum fares for taxis and wheelchair accessible taxis under sub-articles (1) or (2), such taxis and wheelchair accessible taxis shall not operate in the taximeter area unless there is fitted in each a taximeter in accordance with articles 7 and 8 of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ).

(6) The maximum fares set out in the Seventh Schedule shall apply to the operation of taxis and wheelchair accessible taxis in the Cork, Dublin, Galway and Limerick taximeter areas until such time as the appropriate licensing authority has fixed maximum fares in respect of the area in accordance with sub-article (2).

28. (1) On the granting of a taxi licence or a wheelchair accessible taxi licence, the owner of the vehicle shall, while such vehicle is being operated as a taxi or as a wheelchair accessible taxi, display on the roof of the vehicle a sign (in these Regulations referred to as a taxi sign) which shall comply with the requirements set out in the Eight Schedule.

(2) A taxi sign shall be lit during lighting-up hours except when the vehicle is on hire or is standing for hire at an appointed stand provided in accordance with bye-laws made under section 84 of the Act.

(3) A taxi or a wheelchair accessible taxi shall not be operated in a taximeter area unless a taxi sign is displayed on the roof of the vehicle in compliance with these Regulations.

(4) A taxi sign shall at no time be so defaced, obscured or altered in such a manner that the word "TAXI" or the licence number are rendered illegible or partly illegible.

29. (1) Whenever a taxi licence or a wheelchair accessible taxi licence is revoked or suspended the owner of the vehicle shall from the date of the revocation or suspension cease to display the taxi sign and within seven days shall deliver the licence granted in respect of the vehicle to the licensing authority.

(2) Whenever a taxi licence or a wheelchair accessible taxi licence ceases to be in force and an application for the renewal of the licence is not made, or an application for the renewal of the licence is refused, the owner of the vehicle shall immediately upon cessation of the licence or upon receipt of notification from the licensing authority of the refusal of the application for the renewal of the licence cease to display the taxi sign.

(3) On the termination or removal of a suspension of a taxi licence or a wheelchair accessible taxi licence the licensing authority shall return the licence to the owner of the vehicle.

30. (1) ( a ) On the granting of a hackney licence, the licensing authority shall issue to the owner of the vehicle a plate (in these Regulations referred to as a hackney plate) complying with this article.

( b ) A hackney plate shall be in the form of an ellipse surrounded by a band and shall display the words "Feithicil Seirbhíse Poiblí" in the band and the licence number in the space within the band.

(2) The hackney plate shall at all times be securely affixed to the hackney, in respect of which it is issued, inside the vehicle in such a manner that the face of the hackney plate is clearly visible in daylight when the vehicle is stationary to a person wishing to inspect it without entering the vehicle.

(3) Where the licensing authority is satisfied that a hackney plate has been lost or destroyed or has become defaced, it may issue a substitute hackney plate to the owner of the vehicle on the payment of the appropriate fee specified in the Fourth Schedule.

31. (1) Whenever a hackney licence is revoked or suspended the owner of the vehicle shall from the date of the revocation or suspension remove the hackney plate from the vehicle and within seven days shall deliver the licence granted in respect of the vehicle and the hackney plate to the licensing authority.

(2) Whenever a hackney licence ceases to be in force and an application for the renewal of the licence is not made, or an application for the renewal of the licence is refused, the owner of the vehicle shall immediately upon cessation of the licence or upon receipt of notification from the licensing authority of the refusal of the application for the renewal of the licence remove the hackney plate from the vehicle and within seven days shall deliver such plate to the licensing authority.

(3) On the termination or removal of a suspension of a hackney licence, the licensing authority shall return the licence and the hackney plate to the owner of the vehicle.

32. (1) A licensing authority may from time to time amend any or all of the fees specified in the Fourth Schedule and where such fees are amended a reference in these Regulations to the appropriate fee specified in the Fourth Schedule shall be construed as such fee as so amended.

(2) Subject to sub-article (3), fees received by a licensing authority under these Regulations shall be paid in the case of the council of a county into the county fund and in the case of the corporation of a county or other borough or the council of an urban district into the municipal fund.

(3) Where a taximeter area includes part or all of the functional area of more than one licensing authority, fees received in each year by the licensing authority for that area shall, after the deduction of an amount equal to the expenses incurred by that authority, be apportioned between the licensing authorities in whose functional areas part of the taximeter area is situated in such manner as shall be agreed by the authorities.

(4) In default of agreement between licensing authorities as to the amount of expenses or the manner of apportionment of income under sub-article (3), the amount of such expenses or the manner of such apportionment shall be determined by the Minister.

(5) A fee of £30 shall be paid to the Garda Commissioner in respect of an application for a certificate under article 13 (1) (b), article 14 (2) (b) and article 17 (2) (a).

(6) ( a ) A fee of £50 shall be paid to the Commissioner in respect of an application and the grant of a licence for a large public service vehicle by the owner of the vehicle.

( b ) When an application for a large public service vehicle licence is refused, the fee paid by the owner of the vehicle shall be refunded.

(7) ( a ) Fees payable under this article to the Commissioner shall be paid at an office designated by the Commissioner in any area.

( b ) Fees received by the Commissioner shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.

33. (1) This article applies to the operation of taxis and wheelchair accessible taxis in taximeter areas in respect of which maximum fares for taxis and wheelchair accessible taxis have been fixed in accordance with the Regulations collectively cited in article 1 (2).

(2) The driver of a taxi or a wheelchair accessible taxi shall not, while such vehicle is standing for hire or plying for hire in a taximeter area, cause the taximeter in the vehicle to commence operating.

(3) The driver of a taxi or a wheelchair accessible taxi which is fitted with a taximeter shall not charge or demand for services rendered in a taximeter area, including a hire which commences in the taximeter area and terminates in an adjoining taximeter area—

( a ) a greater sum than the maximum fare fixed for such services, or

( b ) a greater sum than the fare shown by the taximeter, save where the maximum fare fixed for such services exceeds the amount that can be shown on the taximeter.

(4) The driver of a taxi or a wheelchair accessible taxi fitted with a taximeter shall operate the taximeter within a taximeter area for so long as the vehicle is on hire.

(5) The provisions of sub-article (4) shall apply to a hire which commences in the taximeter area and terminates in an adjoining taximeter area.

34. The Road Traffic (Public Service Vehicles) (Amendment) Regulations, 1987 ( S.I. No. 139 of 1987 ) shall not apply to taxis, wheelchair accessible taxis and hackneys.

35. There shall be exhibited in every taxi, wheelchair accessible taxi and hackney so as to be easily seen by a passenger therein—

( a ) a photograph of the driver, the name of the driver, the serial number of the licence to drive small public service vehicles issued to the driver and the signature of the driver,

( b ) the name, address and telephone number of the holder of the taxi licence, wheelchair accessible taxi licence or hackney licence,

( c ) the licence number of the taxi licence, wheelchair accessible taxi licence or hackney licence granted in respect of the vehicle,

( d ) the name, address and telephone number of the licensing authority which granted the taxi licence, wheelchair accessible taxi licence or hackney licence,

( e ) in the case of a taxi or a wheelchair accessible taxi, a notice showing the maximum fares fixed for such vehicles in the taximeter area in which they have been licensed to operate.

36. The following article shall be substituted for article 4 of the Regulations of 1978:—

"4. (1) Articles 10, 11, 19, 21 and 22 shall apply to all public service vehicles other than large public service vehicles owned or operated by a statutory undertaker.

(2) Subject to sub-article (1), these Regulations shall not apply to small public service vehicles."

37. The Commissioner may, at any time, cause any taxi, wheelchair accessible taxi or hackney to be inspected and examined by a member of the Garda Síochána or other person who is properly qualified to make such an inspection and examination.

38. (1) A licensing authority—

(i) named in column 2 of the First Schedule, or

(ii) which has declared an area to be a taximeter area under article 7,

shall, not later than the 31st day of March 1997, and each year thereafter, prepare a report on the operation of these Regulations and publish a notice in one or more newspapers circulating in the taximeter area indicating the measures taken by the authority in the previous calendar year in relation to the operation of taxis and wheelchair accessible taxis in the area.

(2) Without prejudice to the generality of sub-article (1), the notice shall include—

( a ) a description of the taximeter area,

( b ) the number of new licences for taxis and wheelchair accessible taxis granted during the year,

( c ) the total number of taxis and wheelchair accessible taxis licensed to operate in the area at the end of the year,

( d ) a statement of the maximum fares for taxis and wheelchair accessible taxis fixed in respect of the area or that a certificate regarding such fares may be obtained from the licensing authority on payment of the appropriate fee specified in the Fourth Schedule,

( e ) the number of spaces available at appointed stands in the area for taxis and wheelchair accessible taxis to stand for hire,

( f ) a statement relating to the observations or representations made to the licensing authority in the year in relation to the quality and adequacy of the services provided by taxis and wheelchair accessible taxis, and

( g ) a statement that the authority is satisfied that the number of taxis and wheelchair accessible taxis licensed to operate in the area is adequate to meet all reasonable demands for those services, or a statement of the action proposed to be taken by the licensing authority to ensure that the demand for those services is adequately met.

FIRST SCHEDULE

TAXIMETER AREAS

SECOND SCHEDULE

REQUIREMENTS FOR WHEELCHAIR FACILITIES IN WHEELCHAIR ACCESSIBLE TAXIS

1. A ramp or other suitable device to facilitate the entry or egress of a person seated in a wheelchair must be available for use at all times.

2. An adequate locating device must be fitted to ensure that a ramp or ramps do not slip or tilt when in use.

3. Ramps must be capable of being stowed safely when not in use.

4. Anchorages must be provided for the wheelchair and the occupant.

5. Restraints for a wheelchair and the occupant must be independent of each other.

THIRD SCHEDULE

RESERVED FUNCTIONS

— Article 7 (1).

— Article 8.

— Article 14 (1) (b) and (3)

— Article 18 (5).

— Article 27 (1) and (2).

— Article 32 (1).

FOURTH SCHEDULE

FEES

1. A fee of £10 shall be payable in respect of—

( a ) an application for the grant of a wheelchair accessible taxi licence or a taxi licence,

( b ) the continuation in force of a taxi licence, a wheelchair accessible taxi licence or a hackney licence in respect of a different vehicle.

2. A fee of £100 shall be payable in respect of—

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

( b ) the grant of a hackney licence,

( c ) the renewal of a taxi licence,

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

( e ) the continuation in force of a taxi licence or a wheelchair accessible taxi licence in respect of another person, being a son or daughter of the holder of the licence.

3. A fee of £50 shall be payable in respect of the renewal of a hackney licence.

4. A fee of £3,000 shall be payable in respect of—

( a ) the grant of a taxi licence,

( b ) the continuation in force of a taxi licence or a wheelchair accessible taxi licence in respect of another person, other than a son or daughter of the holder of the licence.

5. A fee of £5 shall be payable in respect of—

( a ) the issue of a certificate under article 25 (4) or article 27 (4),

( b ) the issue of a substitute hackney plate under article 30 (3).

FIFTH SCHEDULE

CRITERIA FOR ASSESSING APPLICATIONS FOR TAXI LICENCES AND WHEELCHAIR ACCESSIBLE TAXI LICENCES IN NEW TAXIMETER AREAS

Interpretation

Where a licensing authority is considering more than one application from a person in accordance with article 11 (1) (b), each application shall be assessed under paragraph 1 of this Schedule in respect of a different hackney licence.

SIXTH SCHEDULE

CRITERIA FOR ASSESSMENT OF APPLICATIONS FOR THE GRANT OF TAXI LICENCES AND WHEELCHAIR ACCESSIBLE TAXI LICENCES AT ALL TIMES OTHER THAN IN RESPECT OF THE INITIAL GRANT OF SUCH LICENCES IN NEWLY DECLARED TAXIMETER AREAS.

PART 1

Interpretation

In paragraph 5 of Part 2 of this Schedule, "evidence" means a copy of a form P60 issued by the Revenue Commissioners in respect of the applicant's employment for the periods in question or particulars confirming that the applicant was insured to drive a taxi for the periods in question.

PART 2

Criteria

SEVENTH SCHEDULE

MAXIMUM FARES FOR TAXIS AND WHEELCHAIR ACCESSIBLE TAXIS IN THE CORK, DUBLIN, GALWAY AND LIMERICK TAXIMETER AREAS

The fare is calculated by the TIME whenever the vehicle is standing or is travelling at not more than 7½ miles per hour. The fare is calculated by the DISTANCE whenever the vehicle is travelling at more than 7½ miles per hour.

EXTRA PAYMENTS

SCHEDULE OF NOTES

(i) The minimum fare is £1.80.

(ii) The fare is calculated from the time the hiring begins.

(iii) No charge may be made for any return journey when the vehicle is returning empty after the hiring has ended.

(iv) One or two children under the age of 10 years count as one passenger, three or four as two, and so on.

(v) No account is taken of and no charge made for:—

( a ) articles for personal wear or use ordinarily carried on the person or in the hand,

( b ) articles ordinarily so carried for games or sport,

( c ) personal luggage not exceeding two feet in length in the form of an attache case, bags, satchels, parcels or similar packages or articles.

(vi) The above extra payments are not payable unless the driver records the amounts on the taximeter (save where the amount exceeds the amount that can be shown on the taximeter).

EIGHT SCHEDULE

REQUIREMENTS TO BE COMPLIED WITH IN RELATION TO A TAXI SIGN

1. The sign shall be constructed of a durable material, be weatherproof and capable of being securely mounted on the roof of the vehicle so that it is not subject to vibration likely to damage the electric light installation required under paragraph 4 of this Schedule.

2. The dimensions of the sign shall be such that the surface of the sign which is capable of being illuminated shall not be more than 120 millimetres approximately and not less than 110 millimetres approximately in height and not more than 1,100 millimetres approximately in length.

3. ( a ) the front and rear faces of the sign shall each be divided into three sections of equal size.

( b ) The central sections on each face of the sign shall display the word "TAXI" in yellow letters on a dark blue background of low light transmittance; each letter shall be approximately 89 millimetres high and be of straight strokes approximately 16 millimetres broad; and total width of every letter except the letter "I" shall be approximately 63 millimetres and the spacing between the nearest parts of adjoining letters shall be approximately 13 millimetres.

( c ) The sections of the sign on the left of the sign as viewed from the rear of the vehicle and on the right of the sign as viewed from the front shall have a yellow background and shall display on that background in black letters or numerals as the case may be—

(i) the licence number, each numeral of which shall be approximately 89 millimetres in height; the strokes for each numeral shall be approximately 16 millimetres broad; the total width of every numeral except the numeral "I" shall be approximately 63 millimetres and the spacing between the nearest parts of adjoining numerals shall be approximately 7 millimetres,

(ii) below the licence number the words "Feithicil Seirbhíse Poiblí", and the name in the Irish language of the taximeter area in which the vehicle is licensed to operate as a taxi or a wheelchair accessible taxi, and

(iii) to the left or right hand side of the licence number, the words "licence number".

( d ) No letter or numeral displayed on the remaining sections of each face of the sign shall exceed 70 millimetres in height.

4. ( a ) The sign shall be capable of being lit by means of an internal electric light installation.

( b ) The sign when lit shall not show a red light to the front or a white light to the rear.

( c ) The sign when lit shall emit a diffused light and shall be designed to emit a light of a brightness not exceeding 400 candela per square metre of the illuminated area of the sign.

GIVEN under the Official Seal of the Minister for the Environment,

this 31st day of May, 1995.

BRENDAN HOWLIN,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations assign to local authorities certain powers and functions in relation to the licensing of taxis and hackneys. The new licensing authorities are empowered, inter alia, to declare areas to be taximeter areas; alter the boundaries of taximeter areas; grant and renew taxi licences, wheelchair accessible taxi licences, and hackney licences; determine the number of taxis and wheelchair accessible taxis to be licensed in the area; and determine fare structures to apply in their taximeter areas.

The Regulations provide for a points system for the grant of licences for taxis and wheelchair accessible taxis and contain other miscellaneous provisions governing the licensing of taxis and hackneys.