Road Traffic Act, 2002

• Permanent Page URL

Bye-laws in relation to stands for taxis.

15.—(1) The following section is substituted for section 84 of the Principal Act:

“84.—(1) A local authority may make bye-laws in respect of any specified area in its functional area (in this section referred to as ‘a taximeter area’) for all or any of the following purposes:

(a) appointing the places (in this section referred to as ‘appointed stands’) in the taximeter area at which taxis may stand for hire,

(b) fixing the maximum number of taxis which may stand for hire at the same time at any particular appointed stand,

(c) specifying appointed stands at which taxis may stand for hire at particular times only and specifying those times,

(d) determining the manner in which taxis shall make use of and stand for hire at any particular appointed stand,

(e) prohibiting taxis from standing for hire at places in the area that are not appointed stands, and

(f) otherwise regulating and controlling the use of appointed stands by taxis.

(2) Different bye-laws may be made under this section—

(a) in respect of different taximeter areas within the functional area of the local authority concerned, and

(b) in respect of other different circumstances.

(3) A taxi shall not stand for hire other than at an appointed stand in the taximeter area in which it is licensed under regulations under section 82 of this Act to so stand.

(4) A driver of a taxi in respect of which there is a contravention of subsection (3) or a bye-law under this section shall be guilty of an offence.

(5) Any other person who contravenes a bye-law under this section shall be guilty of an offence.

(6) Where a local authority proposes to make bye-laws under this section, it shall—

(a) consult with the Commissioner, and

(b) publish a notice in Iris Oifigiúil and in one or more newspapers circulating in the taximeter area to which the proposed bye-laws will relate stating—

(i) that the authority proposes to make bye-laws under this section in relation to the area,

(ii) the times at which, the period (being of 4 weeks duration) during which and the place in the functional area of the authority where a copy of the draft bye-laws may be inspected and purchased,

(iii) that representations may be made to the authority by any person affected before a specified date (which shall be not less than 2 weeks after the end of the period referred to in subparagraph (ii) of this paragraph),

and

(c) make the draft bye-laws available for inspection and purchase at the times, during the period of 4 weeks, and at the place specified in each case in the notice aforesaid.

(7) Where a notice is published pursuant to subsection (6) of this section, a person may make representations in relation to the proposed bye-laws to the local authority concerned before the date specified in the notice, and the authority shall, before deciding to make the bye-laws and determining their contents, have regard to any such representations.

(8) Where a local authority (‘the authority’) proposes to make bye-laws under this section in relation to a public road (within the meaning of the Roads Act, 1993 ) responsibility for the maintenance of which lies on a road authority (not being the local authority), the authority shall consult with that other authority before making the bye-laws.

(9) As soon as may be after the making of bye-laws under this section—

(a) copies of the bye-laws shall be made available for inspection and purchase by the public at a place in the functional area of the local authority concerned, and

(b) notice of their making and of the place aforesaid shall be published in one or more newspapers circulating in the area aforesaid.

(10) The Minister may draw up and publish to local authorities guidelines in relation to bye-laws under this section and their contents and may by notice in writing published to local authorities amend or revoke guidelines, and amendments thereof, under this subsection, and local authorities shall have regard to any such guidelines for the time being in force when drawing up, amending or revoking bye-laws under this subsection.

(11) In this section—

‘local authority’ means a local authority for the purposes of the Local Government Act, 1941 ;

‘taxi’ means a street service vehicle.

(12) The function conferred on a local authority by subsection (1) is a reserved function.

(13) Section 7 of this Act shall apply to bye-laws under subsection (1) of this section as it applies to bye-laws under this Act made by the Commissioner.”.

(2) Bye-laws under section 84 of the Principal Act in force immediately before the commencement of this section shall continue in force after such commencement as if made under section 84 (as inserted by this Act) of the Principal Act and may be amended or revoked accordingly.