S.I. No. 249/2010 - Taxi Regulation Act 2003 (Suitability Inspection and Annual Licence Renewal Assessment of Small Public Service Vehicles) Regulations 2010.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th June, 2010.

The Commission for Taxi Regulation, in exercise of the powers conferred on it by section 34 of the Taxi Regulation Act 2003 (No. 25 of 2003), hereby makes the following regulations:

1. These Regulations may be cited as the Taxi Regulation Act 2003 (Suitability Inspection and Annual Licence Renewal Assessment of Small Public Service Vehicles) Regulations 2010.

2. These Regulations shall come into operation on 8 June 2010.

3. (1) In these Regulations—

“anchorage” means the part or parts of the vehicle structure or seat structure or any other part or parts of the vehicle to which the safety belt assemblies or the wheelchair restraints are to be secured;

“ANSI” means American National Standards Institute;

“BS” means British Standard;

“CEN” means Comité Européen de Normalisation;

“Construction, Equipment and Use Regulations” means the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2002;

“design gross vehicle weight” means the gross weight of a vehicle laden with the heaviest load which it can reasonably carry having regard to the engine capacity, brakes, tyres and the general construction of the vehicle and shall, until the contrary is shown, be taken to be the design gross weight of the vehicle as specified by the manufacturer or distributor of the vehicle, or where the design gross weight of the vehicle as specified by the manufacturer or distributor is not ascertainable, the design gross weight of the vehicle as specified by a technical assessor.

“ECE” means United Nations Economic Commission for Europe;

“ECWVTA” means the European Community Whole Vehicle Type Approval system for motor vehicles;

“EN” means European Norm;

“flexible fuel vehicle” means a vehicle that derives its motive power from an internal combustion engine that is capable of using a blend of ethanol and petrol, where such blend contains a minimum of 85 per cent ethanol;

“fire extinguisher” means a portable fire extinguisher in serviceable condition complying with EN3 and suitable for inflammability classes A, B and C, with a minimum capacity of 2 kilogrammes of dry powder or an equivalent capacity for any other suitable extinguishing agent;

“first aid kit” means a within date first aid kit complying with DIN (Deutsches Institut fr Normung) 13164 or a comparable travel kit recommended by the Health and Safety Authority;

“hybrid electric vehicle” means a vehicle that derives its motive power from a combination of an electric motor and an internal combustion engine and iscapable of being driven on electric propulsion alone for a material part of its normal driving cycle;

“inspector” means a person engaged by the Commission for the purpose of conducting vehicle inspections under these Regulations;

“kit car” means a vehicle consisting of separately manufactured components that is assembled by the purchaser or a party other than the manufacturer;

“modified vehicle” means a vehicle that is not a standard mass produced passenger car and includes any vehicle that has been converted from a goods or light goods vehicle without subsequent Type Approval, any vehicle that has been stretched, any vehicle that is a “kit car” or any vehicle where the seats, safety belts and safety belt anchorages are not original or the installation of these items is not original;

“public place” means—

(a) any public road, and

(b) any street or road or any other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;

“Regulations of 2007” means the Taxi Regulation Act 2003 (Small Public Service Vehicles) (Amendment and Licensing) Regulations 2007 ( S.I. No. 710 of 2007 );

“Regulations of 2008” means the Taxi Regulation Act 2003 (Permanent Feature Vehicle Size and Safety Equipment) Regulations 2008 ( S.I. No. 569 of 2008 );

“safety belt” means an arrangement of straps with a securing buckle, adjusting devices and attachments that is capable of being anchored to a vehicle and is designed to diminish the risk of injury to its wearer, in the event of collision or abrupt vehicle deceleration, by limiting the mobility of the wearer’s body;

“small public service vehicle” means a mechanically propelled vehicle which—

(a) is designed and constructed for the carriage of passengers and which has a maximum of eight seats excluding the driver’s seat and a maximum design gross vehicle weight of 3,500 kilogrammes,

(b) has at least four wheels arranged in axle pairs such that the minimum wheelbase is 2,100 millimetres, the minimum track width is 1,100 millimetres and any side to side variation in wheelbase is less than 75 millimetres, and

(c) is licensed to operate as a hackney, wheelchair accessible hackney, taxi, wheelchair accessible taxi or limousine.

“Small Public Service Vehicle Regulations” means the Road Traffic (Public Service Vehicles) Regulations 1963 to 2003 insofar as they apply to small public service vehicles and Regulations made under section 34 of the Taxi Regulation Act 2003 (No. 25 of 2003);

“spare wheel system” means the manufacturer’s original specification supply or—

(a) a wheel or rim fitted with a tyre suitable for use on any axle position and capable of being fitted to the vehicle for immediate use and suitable for such use, and an apparatus capable of raising any wheel fitted to the vehicle to a reasonable height from the ground and

(b) such tools as are necessary for the removal or replacement of any wheel or rim fitted with a tyre referred to in paragraph (a);

“Technical Assessor” means a mechanical or automotive engineer, automotive assessor or a person with similar qualifications who, by reason of his or her competence, experience and independence, is deemed by the Commission to be an appropriate person to assess the fitness and safety of a mechanically propelled vehicle;

“VDA method” means the method of luggage volume measurement of the German Association of the Automotive Industry, Verbund die Automobil Industrie;

“VIN” means Vehicle Identification Number, a fixed combination of characters assigned to each vehicle by the manufacturer marked on the manufacturer’s plate and on the chassis, frame or other similar structure.

(2) A reference to “Commissioner” in the Road Traffic (Small Public Service Vehicles) Regulations 1963 to 2002 shall be deemed to mean the Garda Commissioner or the Commissioner for Taxi Regulation, as appropriate, and a reference to “licensing authority” shall be deemed to include a reference to the Commission for Taxi Regulation, as appropriate.

Initial Suitability Inspection — taxi

4. In order to submit an application for the continuance in force of a taxi licence in respect of a different vehicle, the applicant shall first demonstrate that the vehicle in respect of which it is proposed to have the licence continued in force complies with the requirements relating to a taxi licence of Regulations 10-21, 23 and 25 by successfully completing the appropriate initial suitability inspection.

Initial Suitability Inspection — wheelchair accessible taxi

5. In order to submit an application in respect of the grant of a wheelchair accessible taxi licence, the applicant shall first demonstrate that the vehicle the subject of the application complies, as appropriate, with—

(a) the requirements relating to a wheelchair accessible taxi licence of Regulations 10-13, 15-21 and 25,

(b) the licence requirements of Schedule 2, and

(c) the requirements of the Taxi Regulation Act 2003 (Wheelchair Accessible Hackney and Wheelchair Accessible Taxi — Vehicle Standards) Regulations 2010 ( S.I. No. 248 of 2010 ),

by successfully completing the appropriate initial suitability inspection.

Initial Suitability Inspection — hackney

6. In order to submit an application for the continuance in force of a hackney licence in respect of a different vehicle, the applicant shall first demonstrate that the vehicle in respect of which it is proposed to have the licence continued in force complies with the requirements relating to a hackney licence of Regulations 10-20 and 22-24 by successfully completing the appropriate initial suitability inspection.

Initial Suitability Inspection — wheelchair accessible hackney

7. In order to submit an application in respect of the grant of a wheelchair accessible hackney licence, the applicant shall first demonstrate that the vehicle the subject of the application complies, as appropriate, with—

(a) the requirements relating to a wheelchair accessible hackney licence of Regulations 10-13, 15-20, 22 and 24,

(b) the requirements of Schedule 2, and

(c) the requirements of the Taxi Regulation Act 2003 (Wheelchair Accessible Hackney and Wheelchair Accessible Taxi — Vehicle Standards) Regulations 2010 ( S.I. No. 248 of 2010 ),

by successfully completing the appropriate initial suitability inspection.

Initial Suitability Inspection — limousine

8. In order to submit an application in respect of the grant of a limousine licence, the applicant shall first demonstrate that the vehicle the subject of the application complies with the requirements relating to a limousine licence of Regulations 10-13 and 16-20 together with Schedule 3 by successfully completing the appropriate initial suitability inspection.

Annual Renewal Assessment

9. In order to submit an application in respect of the renewal of a small public service vehicle licence, the applicant for renewal shall first demonstrate that the vehicle the subject of the renewal application complies with the requirements of Schedule 4, as appropriate, by successfully completing an Annual Renewal Assessment.

Modified vehicle

10. (1) An application in respect of the grant of a small public service vehicle licence in relation to a “modified vehicle” shall be supported by a Technical Assessor’s Report dated no older than 90 days.

(2) The Technical Assessor’s Report referred to in paragraph (1) shall include confirmation that the vehicle concerned, as identified by reference to its VIN, in its modified state complies with relevant Type Approval Regulations and Construction, Equipment and Use Regulations for category M1 passenger cars (including safety belts, safety belt anchorages and seat strength requirements).

Equipment to be carried

11. A vehicle the subject of an application for the grant or renewal of a small public service vehicle licence shall, at all times, safely carry the following articles:—

(a) a spare wheel system;

(b) a first-aid kit;

(c) a fire extinguisher;

(d) a reflective advance warning triangle to standard ECE Regulation 27;

(e) a high visibility reflective safety vest to standard ANSI 107, BS EN 471 or CEN 471;

(f) a working handheld torch;

(g) a pen and paper.

Limitation on number of passengers

12. (1) The number of passengers carried in a small public service vehicle in a public place shall not exceed the number stated, in the small public service vehicle licence granted under the Small Public Service Vehicle Regulations in respect of the vehicle, to be the number of passengers for which passenger accommodation is available in such vehicle, subject to a maximum number of eight.

(2) The number of passengers in respect of which a vehicle is to be licensed as a small public service vehicle shall be the number of seating positions determined by reference to the following:

(a) a minimum seat squab width of 400 millimetres is required in respect of each seating position;

(b) a seating position fitted with a safety belt is reckoned as one seating position;

(c) in relation to a bench seat without a safety belt, the number of seating positions shall be assessed as a multiple of the required minimum squab width of 400 millimetres in respect of each position;

(d) in relation to a wheelchair accessible vehicle each wheelchair space is reckoned as one seating position.

(3) The number of seating positions, as determined in paragraph (2) shall not exceed eight and a vehicle that may clearly accommodate in excess of this number shall be required to permanently disable any surplus seating positions.

(4) In respect of an application for the renewal of a small public service vehicle licence, the number of passengers in respect of which the licence concerned is to be renewed shall not be different to that determined by the relevant original Initial Suitability Inspection.

Vehicle Weight

13. The design gross vehicle weight of a vehicle shall be assessed at the initial suitability inspection and shall be no greater than 3,500 kilogrammes.

Taxi and Hackney — Vehicle Size and Luggage

14. (1) Subject to paragraph (2), a vehicle the subject of an application for the grant of a hackney licence or a taxi licence shall—

(a) comply with the fitness for purpose specifications relating to permanent feature vehicle size contained in Schedule 5, and

(b) have a guard or cover fitted to the luggage compartment to prevent luggage from causing injury to any person in the event of an accident.

(2) The Commission may reduce or waive the requirements of paragraph (1)(a) where it is satisfied that the vehicle concerned is a series production hybrid electric vehicle or a series production flexible fuel vehicle.

(3) In respect of a vehicle the subject of an application for the renewal of a taxi licence or hackney licence first granted prior to 1 January 2009, the vehicle concerned shall be provided with seats in relation to which—

(a) the supports of such seats shall be firmly fixed in position,

(b) at least 400 millimetres measured in a straight line along the front of each seat shall be allowed for each passenger, and

(c) any cross or transverse seats shall be so fitted that, when facing each other there shall be a clear space of at least 400 millimetres between any part of the front of a seat and any part of any seat which faces it.

(4) In respect of a vehicle the subject of an application for the renewal of a taxi licence first granted prior to 1 January 2009, the vehicle concerned shall be provided with—

(a) at least 4 doors (or where there is a doorless opening to the left of the driver, at least 3 doors),

(b) a permanent, rigid roof covering driver and passenger compartments, and

(c) luggage capacity for the carrying of a reasonable quantity of luggage relative to the number of seating positions in respect of which the licence application is subsequently granted, and efficient means provided for securely packing the luggage in or on the vehicle.

(5) In respect of a vehicle the subject of an application for the renewal of a hackney licence first granted prior to 1 January 2009, the vehicle concerned shall be provided with—

(a) at least 3 doors, and

(b) a permanent rigid roof covering driver and passenger compartments.

(6) In respect of a vehicle the subject of an application for the renewal of a hackney licence or a taxi licence first granted on or after 1 January 2009 the vehicle concerned shall—

(a) comply with the fitness for purpose specifications relating to permanent feature vehicle size contained in Schedule 5, and

(b) have a guard or cover fitted to the luggage compartment to prevent luggage from causing injury to any person in the event of an accident.

(7) In respect of a vehicle the subject of an application for the renewal of a hackney licence or taxi licence, any area provided for luggage shall be available for passenger luggage and shall not contain insecure items or be dirty or damp.

Hackney, wheelchair accessible hackney, taxi and wheelchair accessible taxi — prohibition on side-facing seats

15. A vehicle the subject of an application for the grant or renewal of a hackney, wheelchair accessible hackney, taxi or wheelchair accessible taxi licence shall not be fitted with side-facing seats.

Requirements relating to condition

16. (1) A vehicle the subject of an application for the grant or renewal of a small public service vehicle licence shall be kept in a good and clean condition and in particular its interior shall be kept free of dust, dirt, grime, refuse, litter, objectionable matter or unpleasant smell.

(2) In respect of a vehicle the subject of an application for the grant or renewal of a small public service vehicle licence, the exterior paint shall exhibit good colour consistency and there shall be no repairs in progress.

(3) In respect of a vehicle the subject of an application for the grant or renewal of a small public service vehicle licence, the vehicle shall be fitted with seats which are properly upholstered with leather, good quality artificial leather or other durable material, and which are maintained in a clean and hygienic condition.

Passenger compartment — temperature

17. (1) In relation to the heating capability of the passenger compartment of a vehicle the subject of an application for the grant of a small public service vehicle licence, it shall be possible to maintain a temperature of 20 degrees centigrade during an external ambient temperature of –5 degrees centigrade.

(2) A vehicle the subject of an application for the renewal of a small public service vehicle licence shall be fitted with a heater that is in operational condition at all times.

Interior Lighting

18. In respect of a vehicle the subject of an application for the grant or renewal of a small public service vehicle licence, the standard fitment interior lighting of the vehicle shall be in operational condition at all times.

Doors and windows

19. (1) Subject to paragraph (3), all doors of a vehicle the subject of an application for the grant or renewal of a small public service vehicle licence shall be operable from inside or outside by a passenger.

(2) All passenger (side) windows of a vehicle referred to in paragraph (1) shall be readily operable.

(3) A door of a vehicle referred to in paragraph (1) may be automatically locked while the vehicle is in motion provided it automatically unlocks once the vehicle becomes stationary.

In-vehicle information

20. A vehicle the subject of an application for the grant or renewal of a small public service vehicle licence shall comply with the requirement of Regulation 8 of the Regulations of 2007 in relation to in-vehicle information.

Taxi and Wheelchair Accessible Taxi — taximeter

21. (1) A vehicle the subject of an application for the grant or renewal of a taxi licence or a wheelchair accessible taxi licence shall be fitted with a taximeter complying with this Regulation.

(2) A taximeter referred to in paragraph (1) shall—

(a) be securely attached to the vehicle so that the taximeter cannot be detached or caused to become inaccurate by vibration of the engine or the motion of the vehicle,

(b) be in such position on the vehicle as to enable a passenger inside the vehicle easily to see and read the taximeter, and

(c) be fitted with a device capable of printing automatically a receipt showing the fare charged for a hire, including the vehicle registration number and vehicle licence number.

Hackney and wheelchair accessible hackney — prohibition on taximeter

22. A vehicle the subject of an application for the grant or renewal of a hackney licence or a wheelchair accessible hackney licence shall not be fitted with a taximeter.

Hackney and Taxi — Vehicle Age

23. (1) On the date on which an application for the grant of a hackney or taxi licence is received by the Commission, the vehicle the subject of such an application shall be less than nine years of age from the date of first registration.

(2) In respect of a vehicle the subject of an application for the renewal of a hackney licence or taxi licence first granted on or after 1 January 2009, on the date on which such application is received by the Commission, the vehicle concerned shall be less than nine years of age from the date of first registration.

(3) In relation to an application for the continuance in force of a taxi or hackney licence first granted on or after 1 January 2009 in respect of a different vehicle, the vehicle in respect of which it is proposed to have the licence continued in force shall, on the date on which such application is received by the Commission, be less than nine years of age from the date of first registration.

(4) For the purposes of this Regulation, “date of first registration” means the date on which the vehicle in question was first registered in whichever country the vehicle was first registered.

Hackney and Wheelchair Accessible Hackney — sign

24. (1) Subject to paragraph (2), no sign or advertisement, other than one prescribed by the Commission, shall be displayed on a vehicle the subject of an application for the grant or renewal of either a hackney licence or a wheelchair accessible hackney licence.

(2) A sign of a size no larger than 500 millimetres by 20 millimetres or equivalent area (10,000 square millimetres) may be displayed on a vehicle referred to in paragraph(1) beneath the rear registration plate bearing the unique identification mark (registration number) of the vehicle concerned or on the lower half of the rear window.

(3) The sign referred to in paragraph (2) may contain only the contact details of the owner of the vehicle, the driver of the vehicle, the company which owns the vehicle or to which the vehicle is affiliated or the contact details of the vehicle dealer, agent or supplier.

Taxi Roof Sign

25. (1) There shall be displayed on the roof of a vehicle the subject of an application for the grant or renewal of a taxi licence or wheelchair accessible taxi licence a sign (in these Regulations referred to as a taxi sign) which complies with the requirements contained in the Schedule to the Regulations of 2007.

(2) A taxi sign shall at no time be so defaced, obscured or altered in such a manner that the word “TAXI” or “TACSAÍ” or the licence number is rendered illegible or partly illegible.

(3) The taxi sign light shall be capable of being switched on when the vehicle is available for hire and shall accordingly be wired independently of the ignition or the vehicle light switch.

Operational requirements

26. A person shall not operate a vehicle as a small public service vehicle unless the vehicle concerned complies with the requirements of the appropriate initial suitability inspection together with the requirements of the appropriate annual renewal assessment.

Suspension or Revocation of Licence

27. Where the holder of a small public service vehicle licence in respect of a vehicle fails to comply with these Regulations, the Commission may, at its discretion, suspend or revoke the licence concerned.

Amendments

28. (1) The Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 ( S.I. No. 136 of 1995 ) are amended—

(a) in Regulation 3(4) by inserting after “wheelchair accessible taxi” “or wheelchair accessible hackney”,

(b) in Regulation 5(2) by inserting after “hackney” “or wheelchair accessible hackney”,

(c) in Regulation 10 by substituting “An application for a taxi licence, wheelchair accessible taxi licence, hackney licence, wheelchair accessible hackney licence or limousine licence” for “Applications for taxi licences, wheelchair accessible taxi licences and hackney licences”,

(d) in Regulation 13 by substituting for paragraph (c) the following:

“(c) the applicant satisfies the Commission for Taxi Regulation that the use of the vehicle as a small public service vehicle is covered by appropriate insurance, and

(d) the vehicle meets any requirements in relation to vehicle standards prescribed by Regulations made by the Commission for Taxi Regulation under section 34 of the Taxi Regulation Act 2003 .”,

(e) in Regulation 16—

(i) in paragraph (2)(c) by substituting for subparagraph (c) the following—

“(c) where the applicant has paid to the Commission for Taxi Regulation the appropriate fee specified in the Fourth Schedule, and

(cc) where the vehicle meets any requirements in relation to vehicle standards prescribed by regulations made by the Commission for Taxi Regulation under section 34 of the Taxi Regulation Act 2003 ,”, and

(ii) in paragraph (2)(e) by substituting “Regulation 16(2) of the Taxi Regulation Act 2003 (Small Public Service Vehicles) (Amendment and Licensing) Regulations 2007 ( S.I. No. 710 of 2007 )” for “Article 33(7) of these Regulations”.

(f) in Regulation 17(2) by inserting after paragraph (a) the following:

“(b) where the applicant has paid to the Commission for Taxi Regulation the appropriate licence renewal fee specified in the Fourth Schedule, and

(c) where the applicant satisfies the Commission for Taxi Regulation that the vehicle to which it is proposed to have the licence continued in force complies with any age requirements prescribed by Regulations made under section 34 of the Taxi Regulation Act 2003 .”,

(g) in Regulation 18(2) by inserting after paragraph (a) the following:

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

(c) where the applicant satisfies the Commission for Taxi Regulation that the vehicle to which it is proposed to have the licence continued in force complies with any age requirements prescribed by Regulations made under section 34 of the Taxi Regulation Act 2003 .”,

(h) in each place it occurs in Regulations 16(1), 17(1), 22(1), 22(2), 23, 24(1), 24(2), 24(3), 24(4), 25(1), 26(1), 26(3)(b) by inserting after “hackney” “or wheelchair accessible hackney”,

(i) in paragraphs 1(a) and 1(b) of the Fourth Schedule, by inserting after “wheelchair accessible taxi licence” or “wheelchair accessible hackney”.

(2) The Schedule to the Regulations of 2007 is amended—

(a) by substituting paragraph 2 for the following:

“(1) Subject to paragraph (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 less than 1,030 millimetres and not more than 1,120 millimetres in length.

(2) The dimensions of any identification component to be displayed on the taxi sign relating to the county of operation of the driver shall be such as are from time to time determined by the Commission.”;

(b) by adding the following:

“6. With the prior consent of any individual who hires the taxi in respect of any journey that is likely to exceed 30 kilometres, the taxi sign may be positioned longitudinally.”.

(3) Regulation 6 of the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1999 (No. 316 of 1999) is amended by substituting for paragraph (2)(a) the following:

“(a) in respect of a vehicle that complies with any vehicle standard requirements pertaining to limousines contained in Regulations made under section 34 of the Taxi Regulation Act 2003 ”.

Revocations

29. The following Regulations are revoked—

(a) the Road Traffic (Public Service Vehicles) (Amendment) Regulations 1987 ( S.I. No. 139 of 1987 );

(b) the Road Traffic (Public Service Vehicles) (Amendment) Regulations 1997 ( S.I. No. 193 of 1997 );

(c) the Schedule to the Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations 1999 ( S.I. No. 316 of 1999 );

(d) Regulation 21(2) of the Taxi Regulation Act 2003 (Small Public Service Vehicles) (Amendment and Licensing) Regulations 2007 ( S.I. No. 710 of 2007 );

(e) The Taxi Regulation Act 2003> (Permanent Feature Vehicle Size and Safety Equipment) Regulations 2008 ( S.I. No. 569 of 2008 ).

Regulations 4-8.

SCHEDULE 1

SPSV Initial Suitability Inspection

The applicant for the grant of a small public service vehicle licence shall arrange to submit the vehicle, associated with that application, for inspection prior to the licence being granted to satisfy the inspector that the vehicle concerned meets the following requirements:

In respect of a taxi licence:—

In respect of a wheelchair accessible taxi licence:—

In respect of a hackney licence:—

In respect of a wheelchair accessible hackney licence:—

In respect of a limousine licence:—

Regulations 5 and 7.

SCHEDULE 2

Part 1 Requirements for a Vehicle the subject of an Application for the Grant of a Wheelchair Accessible Taxi Licence or a Wheelchair Accessible Hackney Licence

1. The vehicle shall have been constructed or adapted so as to be capable of accommodating a person seated in a wheelchair.

2. The vehicle shall have seating accommodation for at least three passengers in addition to the person seated in the wheelchair.

3. The vehicle shall have at least two doors giving access to the area in the vehicle where the wheelchair and its occupant is to be accommodated. Each of these doors shall have an aperture height of at least 1,250 millimetres and an aperture width of at least 735 millimetres.

4. The vehicle shall be provided at all times with a ramp or other mechanism to permit the safe entry and egress of a passenger seated in a wheelchair. The ramp or other mechanism shall be capable of transporting a combined wheelchair and occupant mass of 300 kilogrammes minimum between the road and the vehicle interior without the assistance of any person but the driver of the vehicle. A ramp, where used, shall be such as to provide at least 3.6 units of length for each unit of height, measured at its highest point.

5. The wheelchair and its occupant shall be accommodated in either a forward facing or rear facing position. This area shall be at least 1,300 millimetres in height measured from the floor to the roof lining and have a length of at least 1,200 millimetres and a width of at least 750 millimetres available for the exclusive accommodation of a wheelchair and its occupant at all times while the vehicle is standing or plying for hire.

6. (1) The area designated for the accommodation of the wheelchair and its occupant shall be provided with a restraint system or systems fixed to the structure of the vehicle by an appropriate means for the purpose of securing the wheelchair and its occupant.

(2) For the purpose of sub-paragraph (1), an appropriate means shall be deemed to have been provided where the vehicle is equipped as follows:—

(a) Four restraints — two to the front and two to the rear — shall be provided for the purpose of connecting the wheelchair to anchorage points on the vehicle.

(b) A minimum of a lap belt shall be provided for the purpose of securing the wheelchair occupant.

(c) Fixed anchorage points shall be provided for each wheelchair restraint and for the lap belt, or alternatively straight tracks shall be provided that allow for variation in the location of anchorage points. The location of anchorage points under either of these arrangements shall be such as to provide, as a minimum, one anchorage point in each of the locations A1 and A2, or alternatively A3 and A4, in addition to one anchorage point in each of the locations B1 and B2 or alternatively B3 and B4 as set out in the following drawing:—

All dimensions in mm

(d) The wheelchair’s front and rear restraints shall be connected to the front and rear anchorage points, respectively. A lap belt shall either be connected to the two rear restraints of the wheelchair, to the two rear anchorage points for the wheelchair or to two anchorage points positioned to provide downward and rearward restraint on the pelvic area of the wheelchair occupant.

(e) Each single fixed anchorage point shall be attached to the structure of the vehicle by a high tensile bolt or set screw of not less than 10 millimetres in diameter with a reinforcing plate or washer having no sharp edges and measuring not less than 75 cm2 in size and not less than 3 mm in thickness — fastened tightly with a locknut.

(f) (i) Where a track is used it shall have a minimum length of 200 millimetres and shall be attached to the structure of the vehicle by a minimum of 4 high tensile bolts or set screws of not less than 6 millimetres in diameter with reinforcing plates or washers not less than 35 cm2 in size and not less than 1 mm in thickness — fastened tightly with a locknut. For each additional length of track, measuring 120 millimetres or part thereof, there shall be at least one additional bolt or screw conforming to the above specification.

(ii) The bolts or set screws nearest each end of the track shall be located not more than 25 millimetres from the ends of the track and the distance between adjacent bolts or set screws shall not be less than 75 millimetres nor more than 125 millimetres.

(g) If the location of an anchorage point is contoured, the reinforcing plate or washer shall be formed to fit the shape of the area and shall be augmented, if necessary, with a shaped spacer so as to ensure that the face of the locknut is parallel to the surface against which it is tightened.

(h) In any case where the bolts or set screws pass through doubleskin or hollow panels, spacers of the correct dimensions shall be used to avoid compressing or causing distortion to the panels.

7. The vehicle shall have reasonable provision for luggage relative to the number of seating positions in respect of which the licence application is subsequently granted.

Part 2 Additional Requirements in respect of a Vehicle the subject of an Application for the Renewal of a Wheelchair Accessible Taxi Licence or a Wheelchair Accessible Hackney Licence

1. Any area provided for luggage shall be available for passenger luggage and shall not contain insecure items or be dirty or damp.

2. Wheelchair access through the accessible doors shall be free of obstruction.

3. Ramps or other boarding aids shall be—

(a) present in the vehicle,

(b) available for use,

(c) in fully operational condition,

(d) where detachable, have an adequate locating device to ensure that they do not slip or tilt when in use, and

(e) operable at the accessible doors.

4. The wheelchair space shall be reserved for the exclusive accommodation of a person seated in his or her wheelchair and shall be free from obstruction or intrusion.

5. Restraints for the purpose of securing a general wheelchair to the vehicle shall be present.

6. A safety belt for securing the occupant of the wheelchair shall be present and in full operational condition.

Regulation 8.

SCHEDULE 3

Additional Requirements in respect of a vehicle the subject of an application for the grant or renewal of a limousine licence.

1. Subject to Paragraph 2, a limousine licence may be granted only in respect of a vehicle that has an engine capacity of at least 1,900 cubic centimetres and that is evidently suited by reason of its style and condition for the provision of hire services for ceremonial occasions, or for corporate or other prestige purposes.

2. The Commission may waive the requirement in relation to engine capacity contained in Paragraph 1 where the vehicle concerned was constructed more than 30 years prior to the date of the application for a limousine licence.

3. Where a passenger is carried in a compartmented section of the vehicle (i.e. an area with seats and a permanent rigid roof), there shall be at least two doors that open into or from this compartmented area. A rear door (vertically hinged) shall constitute a door for the purposes of this paragraph, provided it was clearly designed or constructed for the intended purpose of passenger access.

4. The fitment of a taximeter is prohibited.

5. (1) In relation to stretched vehicles—

(a) the tyre load rating shall be appropriate for the (stretched) design gross vehicle weight, and

(b) a minimum tyre load rating of 107 is required unless documentary evidence in support of a lower rating is supplied.

6. (1) Subject to paragraph (2), no sign or advertisement, other than one prescribed by the Commission, shall be displayed on a vehicle the subject of an application for the grant or renewal of a limousine licence.

(2) A sign of a size no larger than 500 millimetres by 20 millimetres or equivalent area (10,000 square millimetres) may be displayed beneath the rear registration plate bearing the unique identification mark (registration number) of a vehicle referred to in paragraph (1) or on the lower half of the rear window.

(3) The sign referred to in paragraph (2) shall contain the contact details of the owner of the vehicle, the driver of the vehicle, the company which owns the vehicle or to which the vehicle is affiliated or the contact details of the vehicle dealer, agent or supplier.

Regulation 9.

SCHEDULE 4

SPSV Annual Licence Renewal Assessment.

The holder of the vehicle licence shall arrange to submit the vehicle, associated with that licence, for inspection annually no earlier than 90 days prior to the licence expiry date to satisfy the inspector that the vehicle concerned continues to meet the following requirements:

In respect of a taxi licence:—

In respect of a wheelchair accessible taxi licence:—

In respect of a hackney licence:—

In respect of a wheelchair accessible hackney licence:—

In respect of a limousine licence:—

Regulation 14.

SCHEDULE 5

Permanent Feature Vehicle Size

GIVEN under the seal of the Commission for Taxi Regulation,

8 June 2010.

KATHLEEN DOYLE,

Commissioner for Taxi Regulation.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation.)

These regulations prescribe the suitability requirements for a vehicle which is intended for use as a small public service vehicle (SPSV). A draft of these Regulations was notified under Directive 98/34/EC.

They further require that in order to make an application for a SPSV licence, the applicant must first demonstrate that the vehicle the subject of the application complies with the suitability requirements in respect of that particular class of SPSV, as defined in this legislation. In addition, they introduce a requirement for relevant vehicles to complete an Annual Renewal Assessment in order to renew a SPSV licence. They also provide for the category of wheelchair accessible hackney licence.