S.I. No. 667/2011 - Taxi Regulation Act 2003 (Vehicle Size and Wheelchair Accessible Vehicles) (Amendment) Regulations 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th December, 2011.

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 and section 43 of the Public Transport Regulation Act 2009 ), hereby makes the following regulations:

1. (1) These Regulations may be cited as the Taxi Regulation Act 2003 (Vehicle Size and Wheelchair Accessible Vehicles) (Amendment) Regulations 2011.

(2) These Regulations shall come into operation on 31 December 2011.

2. The Taxi Regulation Act 2003 (Suitability Inspection and Annual Licence Renewal Assessment of Small Public Service Vehicles) Regulations 2010 ( S.I. No. 249 of 2010 ) are amended—

(a) in Regulation 4 by inserting after “an application” “for the grant of a taxi licence or” and by substituting for “23 and 25” “23, 25 and the requirements of Schedule 1, as appropriate”;

(b) in Regulation 5 by—

(i) inserting after “wheelchair accessible taxi licence” “or for the continuance in force of a wheelchair accessible taxi licence in respect of a different vehicle”,

(ii) in subparagraph (a) by substituting for “15-21 and 25” “15-21, 25 and the requirements of Schedule 1, as appropriate”, and

(iii) in subparagraph (b) by inserting before “Schedule 2” “Part 2 of”;

(c) in Regulation 6 by inserting after “an application” “for the grant of a hackney licence or” and by substituting for “10-20 and 22-24” “10-20, 22-24 and the requirements of Schedule 1, as appropriate”;

(d) in Regulation 7 by—

(i) inserting after “wheelchair accessible hackney licence” “or for the continuance in force of a wheelchair accessible hackney licence in respect of a different vehicle”,

(ii) in subparagraph (a) by substituting for “15-20, 22 and 24” “15-20, 22, 24 and the requirements of Schedule 1, as appropriate”, and

(iii) in subparagraph (b) by inserting before “Schedule 2” “Part 2 of”;

(e) in Regulation 8 by inserting after “limousine licence” “or for the continuance in force of a limousine licence in respect of a different vehicle” and by substituting for “Schedule 3” “Schedules 1 and 3, as appropriate”;

(f) by substituting Regulation 14 for the following:

“Taxi and Hackney — Vehicle Size and Luggage

(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.

(2) The Authority may reduce or waive the requirements of paragraphs (1)(a) or 5(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 licence first granted prior to 1 January 2009, the vehicle concerned shall be provided with—

(a) at least 4 doors,

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

(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 the vehicle,

(d) seats in relation to which—

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

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

(iii) 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 hackney licence first granted prior to 1 January 2009, the vehicle concerned shall be provided with—

(a) at least 3 doors,

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

(c) seats in relation to which—

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

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

(iii) 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.

(5) Subject to paragraph (2), 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 or an application for the continuance in force of a hackney licence or taxi licence in respect of another vehicle or an application for the continuance in force of a taxi licence in respect of another party 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.

(6) In respect of an application in relation to a hackney or taxi licence referred to in this Regulation, any area provided for luggage shall be available for passenger luggage and shall not contain insecure items or be dirty or damp.”;

(g) in Schedule 1 by inserting after “small public service vehicle licence” “or for the continuance in force of a licence in respect of a different vehicle” and by substituting for, where it occurs, “Part 1 of Schedule 2” “Part 2 of Schedule 2 and the requirements of S.I. No. 248 of 2010 ”;

(h) in Part 1 of Schedule 2 by substituting for “Requirements for a Vehicle the subject of an Application for the Grant of a Wheelchair Accessible Taxi Licence or a Wheelchair Accessible Hackney Licence” “Requirements for a Vehicle the subject of an Application for the Renewal of a Wheelchair Accessible Taxi Licence”;

(i) in Part 2 of Schedule 2 by inserting after “Wheelchair Accessible Hackney Licence” “ or for the Continuance in Force of a Wheelchair Accessible Hackney Licence or a Wheelchair Accessible Taxi Licence in respect of a Different Vehicle”;

(j) in Schedule 4 by substituting for, where it occurs, “Part 2 of Schedule 2” “Schedule 2”.

3. Regulation 2 of the Taxi Regulation Act 2003 (Wheelchair Accessible Hackney and Wheelchair Accessible Taxi — Vehicle Standards) Regulations 2010 ( S.I. No. 248 of 2010 ) is amended in subparagraph (a) by inserting after “taxi licence” “or of applications for the continuance in force of a wheelchair accessible hackney licence or a wheelchair accessible taxi licence in respect of a different vehicle”.

Given under the seal of the National Transport Authority,

12 December 2011.

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 provide for the vehicle size requirements in relation to hackneys and taxis on application for the grant of a licence and on application for the continuance in force of a licence in respect of a different vehicle (i.e. change of vehicle).

They also provide for the standards that apply to wheelchair accessible vehicles on application for the continuance of force of such a licence in respect of a different vehicle (i.e. change of vehicle).