Taxi Regulation Act 2013

20.

Small public service vehicle regulations

20. (1) The Authority may make regulations, to be known in this Act as small public service vehicle regulations (“SPSV regulations”) in relation to the following:

(a) the regulation of the operation of a small public service vehicle, including the operation of such a vehicle by its driver, to provide for any or all of the following:

(i) the maximum number of passengers permitted to be carried in the vehicle;

(ii) the identification, including the internal or external signage, markings or colour of the vehicle;

(iii) the regulation of the display and use of identification, signs, symbols, lights, information or messages on or in the vehicle or the licence plate of the vehicle;

(iv) restricting or prohibiting the use of the vehicle as a small public service vehicle if it is not in a satisfactory condition having regard to standards regarding its condition;

(v) the regulation of the hiring of the vehicle (including the commencement of the hiring and the issue of receipts for fares and the recording of fares);

(vi) the requirement to fit specified equipment in the vehicle, including taximeters and machines to issue receipts, to facilitate a hire;

(vii) the operation of any equipment required to be fitted in the vehicle for the purpose of facilitating a hire, including the use of taximeters, machines for issuing receipts and other apparatus;

(viii) the information that is required to be displayed, and the manner of such display, including—

(I) where appropriate, the approved maximum fare structure applying to the vehicle,

(II) information necessary for the assistance of a passenger, including requirements established for the conduct of drivers of small public service vehicles;

(ix) the requirements relating to the fitting or non-fitting of equipment in the vehicle and the operation of such equipment;

(x) the identification of drivers, including badges or any other means that may be specified, and the display of such F22 [ on the driver ] or in the vehicle, or both, of information relating to the licence to drive a small public service vehicle, in respect of the category being driven, held by the driver;

(xi) the areas or locations where the drivers of small public service vehicles may carry on activities of operating small public service vehicles;

F23 [ (xii) the regulation of the period of time that a driver may drive the vehicle;

(xiia) the requirement that intervals of rest be taken by a driver of the vehicle between the driver commencing driving the vehicle and ceasing to drive another vehicle in the course of his or her other employment; ]

(xiii) restricting or prohibiting driving the vehicle for hire or reward in specified circumstances;

(xiv) restricting or prohibiting the vehicle being used to display inappropriate advertising, slogans or images;

(xv) the restriction or the prohibition of the carriage of dangerous goods or articles in the vehicle;

(xvi) the regulation of the carriage of animals or goods in the vehicle;

(xvii) the keeping of records in relation to the operation of the vehicle as a small public service vehicle;

(b) the vehicle standards to be complied with regarding the roadworthiness and suitability of a small public service vehicle, including standards relating to the following:

(i) the regulation of the size of the vehicle, including the passenger-carrying and luggage-carrying capacity of the vehicle;

(ii) the type and age of a vehicle which may be used as a small public service vehicle;

(iii) the standards relating to any equipment carried in the vehicle, including requirements in relation to evidence of verification of taximeters or taximeter systems in accordance with regulations made under the Metrology Act 1996;

(iv) the seating and accommodation capacity of the vehicle;

(v) the luggage capacity of the vehicle;

(vi) access to and from the vehicle;

(vii) tyre, wheel, seatbelt and window standards;

(viii) restriction or prohibition of specified fittings on the vehicle (such as tinted windows and bull-bars);

(ix) the general condition of the vehicle (including standards regarding its appearance and cleanliness);

(c) the regulation of the standards to be complied with in relation to the entry to and accommodation in a small public service vehicle for people with a disability, including wheelchair users or persons with mobility or sensory difficulties;

(d) the notification to the Authority by the holder of a licence to drive a small public service vehicle of the identity as required in the regulations of any small public service vehicle to be driven by him or her;

(e) the regulation of—

(i) the operation of booking services for small public service vehicles and fees for such, and

(ii) the standards to apply to the service provided by dispatch operators and other operators of booking services for small public service vehicles;

(f) the regulation of the standards to be complied with by persons who control the operation of small public service vehicles;

(g) the regulation of the rental or leasing of a small public service vehicle or equipment associated with it;

(h) the regulation of the standards to be complied with in relation to any permitted advertising in or on a small public service vehicle by the licence holder of the vehicle;

(i) the regulation of the standards of conduct, general behaviour, deportment and dress for drivers of small public service vehicles;

(j) the regulation of the duties of a driver of a small public service vehicle, to provide for all or any of the following:

(i) the treatment of and conduct towards passengers or intending passengers;

(ii) subject to the requirements of section 23 , the acceptance of a hire;

(iii) subject to the requirements of section 23 , the determination of and adherence to the shortest route available between the commencement and completion of a hire;

(iv) compliance with the stated requirements of the person who has hired the vehicle, where such requirements are reasonable;

F24 [ (iva) the loading, unloading and carriage of the luggage of a passenger; ]

(v) the recording of fares prior to the commencement of a hire;

(vi) the requirement to offer receipts in respect of a fare;

F24 [ (via) methods of payment of fares; ]

(vii) the facilitation of the needs of any person with mobility, sensory or other difficulties in the provision and reception of a hire.

(2) The Authority, in making regulations under this section, may set different requirements and conditions—

(a) in relation to the operation of different categories of—

(i) small public service vehicles and their drivers, and

(ii) dispatch operators and other persons operating booking services for small public service vehicles,

(b) for different circumstances, and

(c) for different areas or counties in the State.

(3) Regulations under this section may declare that a specified contravention of regulations in respect of any of the matters mentioned in subsection (1) is a substantial breach of the regulations, having regard to the nature of the contravention.

(4) A person who fails to comply with or contravenes a regulation under this section, which is stated in the regulations to be a penal provision, commits an offence and is liable on summary conviction—

(a) where the contravention is declared under subsection (3) to be a substantial breach, to a class A fine, or

(b) in the case of any other contravention, to a class C fine.

Annotations:

Amendments:

F22

Substituted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 2(m)(i), commenced on enactment.

F23

Substituted and inserted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 2(m)(ii), commenced on enactment.

F24

Inserted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 2(n)(ii), commenced on enactment.

F25

Inserted by Road Traffic Act 2016 (21/2016), s. 31, not commenced as of date of revision.

Modifications (not altering text):

C2

Prospective affecting provision: subs. (5) inserted by Road Traffic Act 2016 (21/2016), s. 31, not commenced as of date of revision.

F25 [ Small public service vehicle regulations

20 ...

(5) (a) The Authority may make regulations, to be known as non-motorised passenger transport regulations, in relation to the operation of non-motorised passenger transporters in towns and cities.

(b) non-motorised passenger transporters means hackney carriage or rickshaw propelled by pedal cycle, pedal tricycle, horse, pedestrian or other such non-motorised means. ]

Editorial Notes:

E11

Power pursuant to section exercised (13.03.2020 to 31.12.2020) by Small Public Service Vehicle (Emergency Measure Covid-19) Regulations 2020 (S.I. No. 175 of 2020), in effect as per reg. 4.

E12

Power pursuant to section exercised (31.01.2015) by Taxi Regulation (Small Public Service Vehicle) Regulations 2015 (S.I. No. 33 of 2015), in effect as per reg. 2.

E13

Offence under subs. (4)(b) and sch. 1 designated a fixed charge offence (14.11.2014) by Road Traffic Acts 1961 to 2014 (Small Public Service Vehicle) (Fixed Charge Offences) Regulations 2014 (S.I. No. 507 of 2014), s. 3(a) and schs. 2, in effect as per reg. 1(2).

E14

Previous affecting provision: power pursuant to section exercised (7.04.2014) by Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 (S.I. No. 165 of 2014), in effect as per reg. 2; revoked (31.01.2015 and 30.04.2015) by Taxi Regulation (Small Public Service Vehicle) Regulations 2015 (S.I. No. 33 of 2015), reg. 4(2), in effect as per reg. 2.