S.I. No. 370/2013 - Taxi Regulation Act 2003 (Vehicle Licensing and Standards) (Amendment) Regulations 2013.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st October, 2013.

The National Transport Authority, in exercise of the powers conferred on it by section 34 of the Taxi Regulation Act 2003 (No. 25 of 2003) (as amended by section 13 of the Roads Act 2007 (No. 34 of 2007) and section 43 of the Public Transport Regulation Act 2009 (No. 37 of 2009)), hereby makes the following regulations:

1. These Regulations may be cited as the Taxi Regulation Act 2003 (Vehicle Licensing and Standards) (Amendment) Regulations 2013.

2. These Regulations come into operation on 27 September 2013.

3. Regulation 10 of the Road Traffic (Public Service Vehicles) (Amendment) (No. 3) Regulations 2000 (S.I. 367 of 2000) is amended by—

(a) inserting in paragraph (1) “in the case of a taxi licence or hackney licence,” before “the tenth anniversary of the date of first registration of the vehicle to which the licence relates”,

(b) substituting for paragraph (3) the following—

“(3)(a) Where—

(i) a taxi licence or hackney licence first granted before 1 January 2009 is renewed in respect of a vehicle that was associated with such licence on 1 January 2013, or

(ii) a wheelchair accessible taxi licence, wheelchair accessible hackney licence or limousine licence is renewed,

under the regulations collectively cited in article 1(2) in respect of a vehicle that has reached the tenth or later anniversary of the date of its first registration, such licence shall remain in force until the date determined in accordance with paragraph (b).

(b) A licence referred to in paragraph (a) shall remain in force until the earlier of—

(i) where the licence is renewed before the expiry date specified on the licence, the expiry of—

(A) in the case of a vehicle which is used solely on an off-shore island, twelve months, and

(B) in the case of any other vehicle, six months,

from such expiry date,

(ii) where the licence is renewed after the expiry date specified on the licence, the expiry of—

(A) in the case of a vehicle which is used solely on an off-shore island, twelve months, and

(B) in the case of any other vehicle, six months,

from the date on which the licence is renewed,

(iii) in the case of a taxi licence or hackney licence, the fifteenth anniversary of the date of first registration of the vehicle to which the licence relates,

(iv) the surrender or revocation of the licence, or

(v) the licence holder ceasing to be legally entitled to the use and possession of the vehicle to which the licence relates.”, and

(c) substituting for paragraph (5) the following—

“(5) For the purposes of this Regulation—

(a)“date of first registration” means the date on which the vehicle in question was first registered in whichever country the vehicle was first registered, and

(b) “off-shore island” means an island forming part of the State but which is not connected to the rest of the State by any road or bridge.”.

4. Regulation 5(2) of the Taxi Regulation Act 2003 (Permitted Use of Small Public Service Vehicle Licences) Regulations 2008 (S.I. 233 of 2008) is amended by substituting for subparagraph (e) the following—

“(e) notifies the National Transport Authority of the details of the person renting or leasing the vehicle and the period of the rental or leasing agreement prior to providing the vehicle to such person.”.

5. Regulation 25 of the Taxi Regulation Act 2003 (Wheelchair Accessible Hackneys and Wheelchair Accessible Taxis —Vehicle Standards) Regulations 2010 (S.I. 248 of 2010) is revoked.

6. Regulation 23 of the Taxi Regulation Act 2003 (Suitability Inspection and Annual Licence Renewal Assessment of Small Public Service Vehicles) Regulations 2010 (S.I. 249 of 2010) is amended by—

(a) substituting for paragraph (2) the following—

“(2) The National Transport Authority shall not renew a taxi licence or hackney licence for a vehicle where the date of expiry of such licence (as determined in accordance with Regulation 10 of the Regulations of 2000) is on or after—

(a) in the case of a vehicle—

(i) in respect of which the licence was granted before 1 January 2009, and

(ii) that was associated with such licence on 1 January 2013,

the fifteenth anniversary of first registration, or

(b) in the case of any other vehicle, the tenth anniversary of first registration.”,

(b) deleting paragraph (3), and

(c) re-numbering paragraphs (4) and (5) as paragraphs (3) and (4) respectively.

7. The Taxi Regulation Act 2003 (Revised Vehicle Standards) Regulations 2012 (S.I. 536 of 2012) is amended by substituting for Regulation 7 the following—

“(1) The Authority shall not—

(a) grant a taxi licence, wheelchair accessible taxi licence, hackney licence or wheelchair accessible hackney licence in respect of a vehicle,

(b) except where the vehicle was associated with the licence on 31 January 2013, renew a licence referred to in subparagraph (a),

(c) transfer a licence referred to in subparagraph (a) to a different vehicle,

unless the vehicle that is the subject of such application complies with paragraphs (2) and (3).

(2) Except for a band of a maximum of 125 millimetres in depth at the top upper edge, the front windscreen of a vehicle referred to in paragraph (1) shall exhibit 75 per cent minimum visible light transmission.

(3) Where passenger seating or a wheelchair space in a vehicle referred to in paragraph (1) is adjacent to a window (other than the front windscreen and the rear windscreen of such vehicle), such window shall exhibit 70 per cent minimum visible light transmission.

(4) A vehicle in respect of which a taxi licence, wheelchair accessible taxi licence, hackney licence or wheelchair accessible hackney licence has been granted that, as of the later of—

(a) the date the licence was granted, or

(b) the date the licence was last renewed,

complied with the minimum visible light transmission requirements referred to in paragraphs (2) and (3) shall continue to comply with such requirements.”.

GIVEN under the seal of the National Transport Authority,

27 September 2013.

JOHN FITZGERALD,

Chairperson National Transport Authority.

EXPLANATORY NOTE

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

These Regulations:

• amend the requirements in relation to the renewal of vehicle licences and introduce new renewal provisions in relation to vehicles used solely on off-shore islands;

• amend the time period within which notification of rental or leasing agreements is to be given to the National Transport Authority;

• remove the maximum permissible age of wheelchair accessible taxis and wheelchair accessible hackneys in relation to the renewal of a vehicle licence; and

• amend the requirements in relation to vehicle windows and minimum visible light transmission.