Taxi Regulation Act 2013

56.

Regulations granting exemptions from requirements of licensing regulations

56. (1) The Authority may make regulations specifying categories or classes of vehicles or drivers or services to be exempted from the requirement under licensing regulations to hold a licence in respect of such vehicle, driver or service.

(2) Regulations made under this section may only specify a category or class of vehicle, driver or service for exemption from licensing regulations where—

(a) in the case of a service, the service is provided without gain for the provider and any payment for a journey, in respect of passengers using the service, does not exceed the cost of providing the service in respect of the journey,

(b) in the case of a driver, the driver—

(i) receives no reward for his or her services, other than payment to him or her of an amount not exceeding the reasonable expenses or costs incurred by him or her in driving the vehicle or making himself or herself available to provide the service, or

(ii) is operating a vehicle under a contract of employment where the operation of such vehicle is solely for the carriage of the person who has ownership or possession of the vehicle or the carriage, at the request of the person, of others without any gain to the person,

and

(c) in the case of a vehicle, that the vehicle—

(i) is not being driven or used in the course of carrying on a business,

(ii) is not being driven or used for the purpose of obtaining reward from its use, or

(iii) is driven or used solely for the carriage of the person who has ownership or possession of the vehicle or the carriage, at the request of the person, of others without any gain to the person.

(3) In making regulations under this section, the Authority may establish the requirements relating to the application for or holding an exemption, including—

(a) notification to it of any services, vehicles or drivers the subject of the exemption,

(b) the provision of information and records related to the exemption or application for it, and

(c) the requirements in relation to tax matters, test certificates (within the meaning of section 18 of the Act of 1961) and approved policies of insurance (within the meaning of section 62 of the Act of 1961) in relation to the service, vehicle or driver, the subject of the exemption.

(4) The Authority may attach terms and conditions to an exemption under regulations under this section.

(5) Regulations under this section may provide that an exemption under the regulations applies generally under the regulations or upon application to it for the exemption.

(6) The requirements of section 22(2) do not apply to a person who is driving or using a vehicle for the carriage of persons for reward while driving or using the vehicle in compliance with an exemption under regulations under this section.

Annotations:

Editorial Notes:

E20

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.