PSV Regulation
Conduct Regulations
The National Transport Authority was formed from the amalgamation of various transport regulatory bodies in 2009. It took over the functions of the Commissioner for Taxi Regulation, which had been formed in 2003. Prior to this, licensing of the taxi industry was undertaken directly by Garda SÃochána.
The Authority may make regulations in relation to
- the conduct, general behaviour, deportment and duties of PSV driver
- the operation of equipment,
- conduct towards passengers and intended passengers,
- acceptance of hire,
- compliance with the requirements of passengers.
- recording of agreed fares before commencement,
- display of information,
- issue of receipts,
- determination in adherence to the shortage route,
- facilitation of persons with needs.
Different regulations may be made in respect of different categories of vehicles for different times, circumstances and areas.
Duties of Passengers
Passengers or intended passengers in the small PSV must comply with reasonable requests made by the driver. Passengers may not have the liberty to remove, displace, place, or alter any instrument sign or notice in the vehicle.
They may not spit in or deliberately spoil any vehicle. They may not leave any syringe or sharp instrument in the vehicle; They may not carry an animal other than a guide dog or subject to regulations of domestic animals in need of veterinary attention, with permission of the driver. The driver’s permission may be withdrawn.
The person hiring the vehicle or the person who has arranged for its hire shall pay the agreed fare in advance for the hire or the fare determined in accordance with the maximum fare order. It is an offence for the passenger to contravene the above regulations (not repayment.) The person who hires a PSV when he has a reasonable excuse and does not comply with the payment obligation is guilty of an offence.
PSV Driver
A person may not drive or use a mechanically propelled vehicle in a public place, with the carriage of persons for reward, unless he is licensed to hold or drive a vehicle and there is a license in respect of the vehicle enforcement.
Fares
The Authority may declare a taximeter area or extend an existing taximeter area. It must consult with the council and Garda SÃochána for the area concerned. Certain prior notices must be published.
Maximum fare orders may be made with respect to a taximeter area in respect of charges. Different maximum fares may apply
- on the basis of single or shared hires;
- For different circumstances or times,
- For different taximeter areas.
Before fixing maximum shares the Authority is to consult with the local authority, the advisory council and the legal metrology service.The maximum fares are to be published by the Authority, including in newspapers. They may be changed or revoked.
A taxi driver who attempts to charge a fare in respect to the majority of the taximeter area which exceeds the maximum fare order is guilty of an offence.
Penalties
Legislation lays down the scale of penalties that apply under the legislation. Higher penalties apply in respect of third and subsequent offences. Where a person has committed an offence, the court may revoke or suspend his license for such period as specified if it believes the holder is unfit to hold the license.
Offences may be prosecuted summarily by the Authority Garda SÃochána or the licensing Authority where the Local Authority is the licensing authority.
There are a range fix charge offences under the legislation in respect of which a penalty notice on payment of the fixed penalty notice a prosecution will not be brought.
Guidance Quality & Complaints
The Authority may draw up guidelines and issue guidelines to a licensing Authority that is not the Authority itself in relation to the licensing and operation of vehicles. The licensing Authority (local authority) in these situations must have regard to the guidelines.
The Authority may establish schemes for the recognition of quality service by persons. It may determine the design and content of a notice giving details of the quality service certification as a provision in relation to its display. It is an offence for a person or business to display alleged certification as the quality or done in accordance with the legislation.
The Authority must provide a procedure to deal with complaints from members of the public and intending members and users of PSVs in relation to condition and cleanliness, conduct and behaviour, overcharging, and matters relating to hiring.
Enforcement
An authorised person may be appointed under the legislation. An authorised person may at any reasonable time enter a premises where the provision of a PSV business takes place such licenses. He may in the presence of a member of Garda SÃochána, search any vehicle license and documents. He may search for secure future inspection or premises licenses and documentation.
The authorised person may require the person in charge of the premises or vehicle to produce a license and documents in its possession or control or give such information as is reasonably necessary for the purpose of enforcing legislation. They may inspect and take, extract some licenses and documents.
He may remove and retain documents for reasonable periods for inspection. He may take photographs and visual recordings or audio recordings of activity.
It is an offence to obstruct an authorised officer. It is an offence to fail to comply with an authorised officer’s requirements or to fail to give the information required.
Fees
The fees specified for licensing are determined by the authority. The income is applied for the purpose of defying the expenses of the Authority and funding certain developments with infrastructure.
Where a local Authority other than the Authority is engaged in licensing, a percentage of the fees may be paid to the local authorities concerned.
Advisory Council
The legislation establishes an advisory council for the authority. The council consists of a number of persons appointed by various bodies. In particular, the representatives include, must include persons representing PSV drivers in interest, local authorities and Garda SÃochána, the minister, interest of consumers, interest of persons with disability, business interest, tourism interest, or persons with special interest.
The council is to advise the department and the Authority in relation to issues relevant to PSV licensing. It may provide advice in relation to regulation standards and codes of practice and delivery of quality. Review of strategy or such other matters as are appropriate. It should advise the department relating to the policy legislative requirements, and function to other relevant matters.