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


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th November, 2014.

I, PASCHAL DONOHOE, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 103 (as amended by section 14 of the Road Traffic Act 2006 (No. 23 of 2006)) of the Road Traffic Act 1961 (No.24 of 1961) and section 77 (2) of the Taxi Regulation Act 2013 (No. 37 of 2013) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )), hereby make the following regulations:

1. (1) These Regulations may be cited as the Road Traffic Acts 1961 to 2014 (Small Public Service Vehicle) (Fixed Charge Offences) Regulations 2014.

(2) These Regulations come into operation on 14 November 2014.

2. In this Regulation “Act” means Taxi Regulation Act 2013 (No. 37 of 2013).

3. An offence under—

(a) section 20(4)(b) of the Act consisting of a contravention of a provision of the Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 ( S.I. No. 165 of 2014 ) referred to in Schedule 1, or

(b) Part 3 of the Act consisting of a contravention of a provision of the Act referred to in Schedule 2,

is declared to be a fixed charge offence for the purpose of section 103 of the Road Traffic Act 1961 (No. 24 of 1961).

4. The amount prescribed for a fixed charge offence referred to in-

(a) column (1) of Schedule 1 is the amount indicated in column (3) of that Schedule opposite the mention of the fixed charge offence, and

(b) column (1) of Schedule 2 is the amount indicated in column (3) of that Schedule opposite the mention of the fixed charge offence.

Regulations 3(a) and 4(a)

SCHEDULE 1

FIXED CHARGE OFFENCES

Offences under section 20(4)(b) of the Taxi Regulation Act 2013 consisting of a contravention of a provision of the Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 ( S.I. No. 165 of 2014 )

Regulation(1)

Description of contravention(2)

Fixed charge amount(3)

24, 25, 26, 27 or 28

Failure to comply with the vehicle standards applicable to the licence category

€60

24 or 26 insofar as it relates to paragraph 21(1) of Schedule 2

Failure to have prescribed signage affixed to the front doors of taxi or wheelchair accessible taxi

€250

39(1)

Refusal to carry assistance dog or guide dog in a small public service vehicle

€40

44(1)

Failure to display tamper-proof disc

€80

44(3)

Removal or attempted removal of tamper-proof disc from a small public service vehicle

€80

45(1)

Failure to display the required in-vehicle information

€40

46

Failure to comply with taxi roof sign requirements

€40

47(1)

Failure to display required driver identification

€60

48(1)

Displaying on a hackney or limousine a sign or advertisement other than one prescribed by the National Transport Authority

€40

51(1)

Failure to notify details of small public service vehicle being operated

€40

54(1) and (2)

Failure to comply with the requirements in relation to the fitting and operation of a taximeter

€60

54(3)

Operating taximeter while taxi is standing for hire or plying for hire

€60

54(4)

Failure to operate taximeter while taxi is on hire

€60

55

Failure to comply with the requirements in relation to the calibration of taximeters

€250

56

Applying a booking fee in respect of a taxi which is engaged while plying for hire or standing for hire or without having been booked in advance by the consumer

€60

57(1)

Failure to provide a receipt in the prescribed form to a passenger upon completion of a journey in a taxi

€40

58(1)

Failure to provide a receipt in the prescribed form to a passenger upon completion of a journey in a hackney or limousine

€40

59(1)

Standing or plying for hire in a county without a licence to stand or ply for hire in that county

€40

60(1)

Failure of the driver of a hackney or limousine to carry the required booking record in respect of a hire

€60

Regulations 3(b) and 4(b)

SCHEDULE 2

FIXED CHARGE OFFENCES

Offences under Part 3 of the Taxi Regulation Act 2013

Regulation

(1)

Description of contravention

(2)

Fixed charge amount

(3)

25(9) insofar as it relates to subsection (3) of that section

Standing for hire in a taxi otherwise than at an appointed stand

€40

25(9) insofar as it relates to subsection (5) of that section

Standing with a taxi on part of a public road adjoining or in proximity to an appointed stand when the appointed stand is full

€40

25(9) insofar as it relates to subsection (6) of that section

Standing at appointed stand while vehicle is not available for hire

€40

23(4) insofar as it relates to subsection (2) of that section.

Unreasonable refusal to carry a passenger where the journey is not more than 30 kilometres.

€80

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GIVEN under my Official Seal,

11 November 2014.

PASCHAL DONOHOE,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This Note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations set out the offences relating to the operation of small public service vehicles for which fixed charge notices may be issued by An Garda Síochána and the associated penalties. The offences arise under Part 3 of the Taxi Regulation Act 2013 and the Small Public Service Vehicle (Consolidation and Reform) Regulations 2014 ( S.I. No 165 of 2014 ).