PSV Regulation

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 Síochána.

The Authority may make regulations in relation to the conduct, general behavior, deportment and duties of PSV driver.Regulations may provide for the operation of equipment, conduct towards passengers and intended passengers, acceptance of hire, compliance of requirement 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 maybe made in respect of different categories of vehicles for  different time, circumstances and area.

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 animal in need of veterinary attention, with permission of the driver. The driver’s permission maybe withdrawn.

The person hiring the vehicle or the person who has arranged for it’s hire shall pay the agreed fare in advance for the hire or the fare determined in accordance with maximum fare order. It is an offence for passenger to contravene the above regulations (not repayment.) the person who hires a PSV when has reasonable excuse and does not comply with the payment obligation, is guilty of an offence.

The Authority may declare a taximeter area or extend an existing taximeter area. It must consult with the council and Garda Síochána for the area concerned. Certain prior notices must be published.

Maximum fare orders maybe made in 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 area.

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 newspaper. They maybe changed or revoked.

A taxi driver who attempts to charge a fare in respect to majority of the taximeter area which exceeds the maximum fare order is guilty of an offence.

A person may not drive or use a mechanically propelled vehicle in the public place, with the carriage of persons for reward unless he is licensed to hold, drive a vehicle and there is a license in respect of the vehicle enforce.

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 maybe prosecuted summarily by the Authority Garda Síochána or licensing Authority where the local Authority is 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.

he Authority may draw up guidelines and issue guidelines to a licensing Authority who is not the Authority itself in relation to licensing and operation of vehicle. The licensing Authority (local authority) in these situations must have regard to the guideline.

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.

Authorised person maybe 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 Síochána. 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 premises or vehicle to produce 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 information required.

The fees specified for licensing are determined by the authority. The income is applied for the purpose of the defying the expenses of the Authority and funding certain development with infrastructure.

Where a local Authority other than the Authority are engaged in licensing, the percentage of the fees maybe paid to the local authorities concerned.

The Authority must provide a procedure to deal with complaints for members of the public and intending members, users of PSVs in relation to condition and cleanliness, conduct and behavior, overcharging, matters relating to hiring.

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 Síochána, the minister, interest of consumers, interest of persons with disability, business interest, tourism interest, or the persons with special interest.

The council is to advise the department and the Authority in relation to issues relevant PSV licensing. It may provide advice in relation to regulation standards and codes of practice, delivery of quality. Review of strategy or such other matters as are appropriate. It should advise the department relating to the policy legislative requirements, function to another relevant matter.