Taxi Regulation Act 2013


Number 37 of 2013


TAXI REGULATION ACT 2013

REVISED

Updated to 1 February 2018


This Revised Act is an administrative consolidation of the Taxi Regulation Act 2013. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Intoxicating Liquor (Amendment) Act 2018 (1/2018), enacted 31 January 2018, and all statutory instruments up to and including Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2018 (S.I. No. 33 of 2018), made 5 February 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


37 of 2013


TAXI REGULATION ACT 2013

REVISED

Updated to 1 February 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

National Transport Authority Acts 2008 to 2016 : this Act is one of a group of Acts included in this collective citation, to be read together as one ( Public Transport Act 2016 (3/2016), s. 10(2)). The Acts in the group are:

Dublin Transport Authority Act 2008 (15/2008)

Public Transport Regulation Act 2009 (37/2009), Part 3

Taxi Regulation Act 2013 (37/2013), Part 10

Public Transport Act 2016 (3/2016), s. 1

Road Traffic Acts 1961 to 2016 : this Act is one of a group of Acts included in this collective citation, to be read together as one ( Road Traffic Act 2016 (21/2016), s. 1(3)). The Acts in the group are:

Road Traffic Act 1961 (24/1961)

Road Traffic Act 1968 (25/1968)

Road Traffic (Amendment) Act 1973 (15/1973) (repealed)

Road Traffic (Amendment) Act 1978 (19/1978) (repealed)

Road Traffic (Amendment) Act 1984 (16/1984)

Dublin Transport Authority (Dissolution) Act 1987 (34/1987), insofar as it amends the Road Traffic Acts 1961 to 1984

Road Traffic Act 1994 (7/1994)

Road Traffic Act 1995 (7/1995) (repealed)

Road Traffic Act 2002 (12/2002)

Road Traffic Act 2003 (37/2003) (repealed)

Road Traffic Act 2004 (44/2004), other than Part 6

Railway Safety Act 2005 (31/2005), Part 17

Road Traffic Act 2006 (23/2006)

Road Traffic and Transport Act 2006 (28/2006), s. 1 (repealed)

Roads Act 2007 (34/2007), s. 12

Road Traffic Act 2010 (25/2010)

Road Traffic Act 2011 (7/2011)

Road Traffic (No. 2) Act 2011 (28/2011)

Taxi Regulation Act 2013 (37/2013), Part 11

Road Traffic Act 2014 (3/2014)

Road Traffic (No. 2) Act 2014 (39/2014)

Vehicle Clamping Act 2015 (13/2015), Part 5 (citation only)

Public Transport Act 2016 (3/2016), s. 8

Road Traffic Act 2016 (21/2016)

Taxi Regulation Acts 2013 and 2016 : this Act is one of a group of Acts included in this collective citation, to be read together as one ( Public Transport Act 2016 (3/2016), s. 10(3)). The Acts in the group are:

Taxi Regulation Act 2013 (37/2013)

Public Transport Act 2016 (3/2016), ss. 2 and 3

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1989, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Criminal Law (Sexual Offences) Act 2017 (2/2016)

Road Traffic Act 2016 (21/2016)

Public Transport Act 2016 (03/2016)

Local Government Reform Act 2014 (1/2014)

All Acts up to and including Intoxicating Liquor (Amendment) Act 2018 (1/2018), enacted 31 January 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Taxi Regulation (Maximum Fares) Order 2017 (S.I. No. 458 of 2017)

Taxi Regulation (Small Public Service Vehicle) Regulation 2016 (S.I. No. 236 of 2016)

Taxi Regulation Act 2013 (Maximum Fares) Order 2015 (S.I. No. 127 of 2015)

Taxi Regulation (Small Public Service Vehicle) Regulations 2015 (S.I. No. 33 of 2015)

Road Traffic Acts 1961 to 2014 (Small Public Service Vehicle) (Fixed Charge Offences) Regulations 2014 (S.I. No. 507 of 2014)

Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014)

Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014)

Taxi Regulation Act 2013 (Commencement) Order 2014 (S.I. No. 163 of 2014)

Taxi Regulation Act 2013 (Public Service Contracts) (Commencement) Order 2013 (S.I. No. 524 of 2013)

All statutory instruments up to and including Financial Emergency Measures in the Public Interest (Payments to State Solicitors) (Adjustment) Regulations 2018 (S.I. No. 33 of 2018), made 5 February 2018, were considered in the preparation of this revision.


Number 37 of 2013


TAXI REGULATION ACT 2013

REVISED

Updated to 1 February 2018


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, commencement and collective citation

2. Definitions

3. Regulations and orders

4. Repeals

5. Expenses

PART 2

Small Public Service Vehicle Licensing

6. Licensing authority

7. Licensing regulations

8. Assessment of licence applicants and notification of health issues

9. Grant and renewal of licence

10. Suitable person to hold licence

11. Obligation on applicant for, or holder of, licence to drive SPSV to inform licensing authority of his or her being engaged in another occupation, etc.

12. Revocation - suspension of licence

13. Representations and appeals

14. Prohibition on transfer of licence

15. Death of licence holder

16. Revocation of licence on change of control of company

17. Obligation on holder of licence where licence is revoked or suspended or expires, or changes address

18. Register of licences

PART 3

Regulation of Small Public Service Vehicle Industry

19. Function of Authority to regulate taxi industry, etc.

20. Small public service vehicle regulations

21. Codes of practice

22. Prohibition on providing small public service vehicle services without licence

23. Obligations on public service vehicle drivers towards passengers

24. Maximum fares

25. Appointed stands (taxi ranks)

26. Restriction on use of “taxi”

27. Prohibition on promoting, offering or advertising unlicensed small public service vehicle services

28. Forgery and unlawful use of small public service vehicle and driver identification

29. Regulation of passengers in small public service vehicles

PART 4

Mandatory Disqualifications

30. Mandatory disqualification for holding small public service vehicle driver licences on certain convictions

31. Obligation to give licensing authority details of offences

32. Proof of foreign convictions

PART 5

Demerit Scheme

33. Definitions (Part 5)

34. Demerit offences

35. Endorsement of demerits

36. Period of endorsement of demerits

37. Notification to licence holder of endorsement of demerits

38. Disqualification by reason of demerits

39. Appropriate date

PART 6

Enforcement

40. Authorised persons

41. Prohibition on use of unroadworthy or defective vehicle, etc., as small public service vehicle - prohibition on use of unlicensed SPSV - seizure and detention

42. Search warrant

43. Prohibition on obstruction of authorised officer

44. CCTV at taxi ranks

45. Service of notices

46. Summary proceedings

47. Revocation of licence by court consequent upon conviction

48. Fixed payment offences

49. Payment of fixed amount on service of summons

50. Offence - body corporate

PART 7

Other Non-Taxi Services

Chapter 1

Community Transport Service

51. Definitions - Part 7

52. Approved community transport service

53. Exemption application process - community transport service

54. Records

55. New vehicle or volunteer drivers

Chapter 2

Other exemptions from licensing regulations

56. Regulations granting exemptions from requirements of licensing regulations

Chapter 3

Administrative

57. Representations and appeal process

58. Regulations - Part 7

59. Fees - Part

60. Powers of authorised persons - Part 7

61. Register of exemptions

PART 8

Administration

62. Service agreements

63. Provision of services

64. Complaints procedure

65. Fees

66. Service certification

67. Continuance of regulations

68. Certificates of insurance and requirement to have adequate insurance cover

69. Ministerial policy directives

70. Performance of functions of Garda Commissioner under this Act

71. Transport strategy

PART 9

Advisory Committee on Small Public Service Vehicles

72. Advisory Committee

73. Functions of Advisory Committee

PART 10

Amendment of Act of 2008

74. Public service contracts

75. Extension of Powers of Authority to whole State

PART 11

Amendment of Road Traffic Act 2010

76. Amendment of section 3 of Act of 2010

77. Amendment of Part 3 of Act of 2010

PART 12

Amendment of Section 2 of Metrology Act 1996

78. Amendment of definitions in section 2 of Metrology Act 1996

SCHEDULE

Specified Offences

PART 1

Life Disqualification

PART 2

Disqualification for Specified Period


Acts Referred to

Air Navigation and Transport Act 1973 (No. 29)

Air Navigation and Transport Act 1975 (No. 9)

Child Trafficking and Pornography Act 1998 (No. 22)

Children Act 2001 (No. 24)

Companies Acts

Courts (No. 3) Act 1986 (No. 33)

Criminal Damage Act 1991 (No. 31)

Criminal Justice (Public Order) Act 1994 (No. 2)

Criminal Justice (Safety of United Nations Workers) Act 2000 (No. 16)

Criminal Justice (Terrorist Offences) Act 2005 (No. 2)

Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50)

Criminal Justice (United Nations Convention Against Torture) Act 2000 (No. 11)

Criminal Justice Act 2006 (No. 26)

Criminal Law (Human Trafficking) Act 2008 (No. 8)

Criminal Law (Jurisdiction) Act 1976 (No. 14)

Criminal Law (Rape) (Amendment) Act 1990 (No. 32)

Criminal Law (Sexual Offences) Act 1993 (No. 20)

Criminal Law (Sexual Offences) Act 2006 (No. 15)

Criminal Law Amendment Act 1885 (48 & 49 Vict., c. 69)

Dublin Transport Authority Act 2008 (No. 15)

European Communities Act 1972 (No. 27)

Explosive Substances Act 1883 (46 & 47 Vict., c. 3)

Finance Act 2002 (No. 5)

Firearms Act 1925 (No. 17)

Firearms Act 1964 (No. 1)

Firearms and Offensive Weapons Act 1990 (No. 12)

Geneva Conventions Act 1962 (No. 11)

International Criminal Court Act 2006 (No. 30)

Local Government Act 2001 (No. 37)

Maritime Security Act 2004 (No. 29)

Metrology Act 1996 (No. 27)

Misuse of Drugs Act 1977 (No. 12)

Non-Fatal Offences Against the Person Act 1997 (No. 26)

Offences Against the State Act 1939 (No. 13)

Petty Sessions (Ireland) Act 1851 (14 & 15 Vict., c. 93)

Public Transport Regulation Act 2009 (No. 37)

Punishment of Incest Act 1908 (8 Edw. 7, c.45)

Road Traffic Act 1961 (No. 24)

Road Traffic Act 2002 (No. 12)

Road Traffic Act 2004 (No. 44)

Road Traffic Act 2006 (No. 23)

Road Traffic Act 2010 (No. 25)

Road Traffic (No. 2) Act 2011 (No. 28)

Road Traffic Acts 1961 to 2011

Road Transport Act 1932 (No. 2)

Road Transport Act 1933 (No. 8)

Road Transport Act 1986 (No. 16)

Roads Act 1993 (No. 14)

Roads Act 2007 (No. 34)

Sexual Offences (Jurisdiction) Act 1996 (No. 38)

Social Welfare Consolidation Act 2005 (No. 26)

Taxes Consolidation Act 1997 (No. 39)

Taxi Regulation Act 2003 (No. 25)


Number 37 of2013


TAXI REGULATION ACT 2013

REVISED

Updated to 1 February 2018


An Act to provide for the revision of the regulation of the small public service vehicle industry and for those purposes to provide for mandatory disqualification for drivers of small public service vehicles convicted of certain offences and a demerit scheme relating to drivers of small public service vehicles, to repeal the Taxi Regulation Act 2003 and section 84 of the Road Traffic Act 1961, to amend section 2 of the Metrology Act 1996, the Dublin Transport Authority Act 2008 and the Road Traffic Act 2010, and to provide for related matters. [23 rd October, 2013]

Be it enacted by the Oireachtas as follows:

Annotations:

Editorial Notes:

E1

Small public service vehicles subject to Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014), as provided (28.07.2014) by reg. 3(4) and Road Traffic Act 1961 (24/1961), s. 18.