25. (1) A local authority may make bye-laws in respect of any specified area in its functional area for all or any of the following purposes:

(a) appointing the places (“appointed stands”) at which taxis may stand for hire;

(b) fixing the maximum number of taxis which may stand for hire at the same time at any particular appointed stand;

(c) specifying appointed stands at which taxis may stand for hire at particular times only and specifying those times;

(d) determining the manner in which taxis shall make use of and stand for hire at any particular appointed stand;

(e) prohibiting taxis from standing for hire at places in the area that are not appointed stands;

(f) otherwise regulating and controlling the use of appointed stands.

(2) Different bye-laws may be made under this section—

(a) in respect of different areas within the functional area of the local authority concerned, and

(b) in respect of other different circumstances.

F27[(3) The driver of a taxi shall not stand for hire with a taxi at an appointed stand in an area in which the driver is not licensed under section 9 to so stand.]

(4) The driver of a taxi shall not stand or attempt to stand for hire with the taxi—

(a) while the maximum permitted number of taxis which may stand for hire at the appointed stand under bye-laws made under subsection (1) are standing for hire at the stand, or

(b) in contravention of any other bye-law made under subsection (1).

(5) The driver of a taxi, where an appointed stand is full, shall not stand with the taxi on part of the public road adjoining or in the proximity of the stand.

(6) The driver of a taxi shall not stand with the vehicle or park it at an appointed stand unless the vehicle is available for hire.

(7) The driver, or person in charge of, a vehicle which is not a taxi shall not stand with the vehicle, or park it, at an appointed stand.

(8) Where, in the opinion of a member of the Garda Síochána, the driver or person in charge, of a vehicle is contravening subsection (6) or (7), the member may require the person to move the vehicle from the appointed stand concerned.

(9) A person who contravenes subsection (3), (4), (5), (6) or (7) commits an offence and is liable on summary conviction to a class D fine.

(10) A person who fails to comply with a requirement of a member of the Garda Síochána under subsection (8) commits an offence and is liable on summary conviction to a class C fine.

(11) A member of the Garda Síochána may arrest without warrant a person who in the member’s opinion is failing to comply with a requirement under subsection (8).

(12) Where a local authority proposes to make bye-laws under this section, it shall—

(a) consult with the Authority and the Garda Commissioner, and

(b) publish a notice in F28[Iris Oifigiúil,] on its website and in one or more newspapers circulating in the area to which the proposed bye-laws will relate stating—

(i) that the authority proposes to make bye-laws under this section in relation to the area and that a draft of the proposed bye-laws is available for inspection on its website, and

(ii) that representations may be made to the authority by any person affected before a specified date.

(13) Where a notice is published pursuant to subsection (12), a person may make representations in relation to the proposed bye-laws to the local authority concerned before the date specified in the notice, and the authority shall, before deciding to make the bye-laws and determining their contents, have regard to any such representations.

(14) Where a local authority proposes to make bye-laws under this section in relation to a public road responsibility for the maintenance of which lies on a road authority (within the meaning of the Act of 1961) not being the local authority, the local authority shall consult with the road authority before making the bye-laws.

(15) As soon as may be after the making of bye-laws under this section notice of their making shall be published in one or more newspapers circulating in the area to which the bye-laws relate and on the website of the local authority concerned.

(16) The Authority may draw up and publish a guideline to local authorities in relation to bye-laws under subsection (1) and their contents. A local authority shall have regard to any such guidelines.

(17) The function conferred on a local authority under subsection (1) is a reserved function.

(18) Bye-laws under section 84 (as amended by section 29 of the Road Traffic Act 2004) of the Act of 1961 which are in force immediately before the commencement of this section continue in force after such commencement as if made under this section and may be amended or revoked accordingly.

(19) In this section—

“public road” has the meaning assigned to it in the Roads Act 1993;

“website” in relation to a local authority, means a website maintained or used by the local authority on the internet.