Taxi Regulation Act 2003

• (6) In this section “quality service” means a service that meets specified requirements and performance criteria determined by the Commission or by another person on behalf of the Commission.

49 Authorised persons.

49.—(1) The Commission may, after consultation with the Garda Commissioner, appoint in writing such and so many persons as it may determine to perform the functions conferred on authorised persons under this Part.

• (2) The Commission may revoke an appointment under subsection (1).

• (3) The number of authorised persons standing appointed under subsection (1) and their remuneration and other conditions of service shall be such as may be determined by the Commission with the consent of the Minister and the Minister for Finance.

• (4) A person appointed as an authorised person under subsection (1), shall, on his or her appointment, be furnished by the Commission with a warrant of his or her appointment and when exercising a power conferred on an authorised person under this Part shall, if requested by any person affected, produce the warrant to the person for inspection.

• (5) For the purposes of ensuring that the holders of licences are complying with any regulations or requirements made under this Part with respect to licences granted under this Part or section 82 of the Act of 1961, an authorised person may—

• (a) at any reasonable time, enter the premises or place where any activity connected with the provision of small public service vehicle services takes place, and search and inspect the premises and any licences or documents found there,

• (b) in the presence of a member of the Garda Síochána in uniform, stop and search any small public service vehicle and any licence or documents found in the vehicle,

• (c) secure for future inspection any premises, place or vehicles in which licences or documents relating to the provision of small public service vehicle services are kept or there are reasonable grounds for believing that such are kept,

• (d) require a person in charge of the premises or the driver of the vehicle to produce any licence or documents relating to the provision of such services which are in the person's power and control and to give the authorised person such information as he or she may reasonably require for the purpose of enforcing this Part,

• (e) inspect and take extracts from or make copies of such licences or documents (including in the case of information in a non-legible form, an extract from or copy of such information in permanent legible form),

• (f) remove and retain such licences or documents for such reasonable period for future inspection,

• (g) take photographs or make any record or visual recording of any activity on the premises or place or of the vehicle.

• (6) A person who—

• (a) obstructs or impedes an authorised person exercising a function of an authorised person under this section or a regulation made under section 34 or under section 82 of the Act of 1961,

• (b) fails to comply with a requirement of an authorised person under this section or such regulations, or

• (c) gives information to an authorised person which he or she knows to be false or misleading,

is guilty of an offence.

• (7) In this Part “authorised person” means a person appointed by the Commission to be an authorised person for the purposes of this Part, or a member of the Garda Síochána.

50 Fees.

50.—(1) The fees set by the Commission under this Part in respect of the licensing of small public service vehicles and the drivers of small public service vehicles, the award of quality service certification and the issue of certificates relating to registers of licences shall, subject to this section, accrue to the Commission.

• (2) Income from fees received by the Commission shall be applied for the purpose of—

• (a) meeting the expenses properly incurred by the Commission in the discharge of its functions under this Act, and

• (b) where appropriate, to support the funding or part funding of the development or provision of infrastructure referred to in section 11.

• (3) Where licensing authorities, other than the Commission, are engaged in the licensing of small public service vehicles or the drivers of small public service vehicles on behalf of the Commission, the Commission, with the agreement of the Minister and the Minister for Finance shall determine a percentage of the fee income generated by the licensing authority that shall be retained by it.

• (4) Income generated by the payments referred to in subsection (1) that is surplus to the income necessary to meet the demands established in subsection (2), shall be disposed of in a manner determined by the Commission with the agreement of the Minister and the Minister for Finance.

51 Complaints procedure.

51.—(1) The Commission shall set up a procedure to consider complaints from members of the public and users and intending users of small public service vehicles in respect of—

• (a) the condition and cleanliness,

• (b) the conduct and behaviour of a driver,

• (c) overcharging or other matters relating to fares charged by a driver for the hire, and

• (d) matters relating to the hiring,

of a small public service vehicle.

• (2) The procedure set up under subsection (1) shall, as far as practicable, be user-friendly and accessible. The Commission shall publish details of the procedure.

52 Regulations under section 82 of Act of 1961.

52.—(1) Section 82 of the Act of 1961 is amended by substituting for subsection (1) the following:

• “(1) The Minister may make regulations in relation to the control and operation of large public service vehicles.”.

• (2) Regulations made by the Minister under section 82 of the Act of 1961 in relation to the control and operation of small public service vehicles which are in force immediately before the commencement of this section shall continue in force and may be amended or revoked by the Commission, with the consent of the Minister.

• (3) The Minister may make regulations in respect of matters relating to the transition from regulations made under section 82 of the Act of 1961 to regulations under this Act (including the revocation or amendment of regulations made under section 82 of the Act of 1961).

PART 4 Advisory Council to Commission for Taxi Regulation

53 Appointed Day.

53.—The Minister shall by order appoint a day to be the appointed day for the purposes of this Part.

54 Establishment and membership of Advisory Council.

54.—(1) There stands established, on the appointed day, a body to be known as the Advisory Council to the Commission for Taxi Regulation or in the Irish language, An Chomhairle don Choimisiún um Rialáil Tacsaithe and in this Act referred to as the “Council”, to perform the functions assigned to it under this Part.

• (2) The Council shall consist of a chairperson and 17 ordinary members.

• (3)
• (a) The Minister shall appoint a person to be the chairperson of the Council who, in the opinion of the Minister, has appropriate experience and expertise and is sufficiently independent from small public service vehicle operations and the Commission.

• (b) An appointment under paragraph (a) shall be for such period not exceeding 3 years as may be specified by the Minister when appointing the person and shall be on such terms and conditions as may be determined by the Minister, with the consent of the Minister for Finance.

• (c) The chairperson shall chair the meetings of the Council.

• (d) In the event of the chairperson being unable to attend a meeting of the Council, the members who are present shall choose one of their number to chair the meeting.

• (e) In the event of the office of chairperson being vacant, the Minister shall designate one of the members of the Council to chair its meetings until a chairperson is appointed.

• (4) In addition to the chairperson appointed under subsection (3), members of the Council shall comprise:

• (a) at least 4 persons representing small public service vehicle and driver interests;

• (b) at least one person representing local authorities;

• (c) at least one person representing the Garda Síochána;

• (d) at least 2 persons who in the opinion of the Minister represent the interests of consumers;

• (e) at least one person from an organisation representing the interests of persons with disabilities;

• (f) at least one person who in the opinion of the Minister represents the interests of business;

• (g) at least one person who in the opinion of the Minister represents the interests of tourism; and

• (h) at least 4 other persons, who, in the opinion of the Minister, have a special interest or expertise in matters relating to the functions of the Commission, the Council or matters related thereto.

• (5) An organisation or person may, at its own initiative or at the request of the Minister, nominate a person to be a member of the Council and the Minister in making an appointment under subsection (6), shall have regard, in so far as is practicable, to any nominations received by him or her under this subsection.

• (6) The Minister shall appoint persons to be ordinary members of the Council in accordance with subsection (4). An appointment under this subsection shall be for such period not exceeding 3 years as may be specified by the Minister when appointing persons and shall be on such terms and conditions as may be determined by the Minister, with the consent of the Minister for Finance.

• (7) The chairperson and ordinary members of the Council may be paid, out of monies at the disposal of the Commission, such allowances for expenses as the Minister, with the consent of the Minister for Finance, may determine.

• (8) A person whose term of office expires by the effluxion of time shall be eligible for re-appointment.

• (9) In appointing the chairperson and ordinary members of the Council, the Minister shall insofar as is practicable ensure—

• (a) an equitable gender balance between men and women, and

• (b) both urban and rural representation,

in the composition of the Council.

• (10) An officer of the Minister who is an established civil servant for the purposes of the Civil Service Regulation Act 1956 and a Commissioner or a member of the staff of the Commission may attend and be heard at meetings of the Council but shall not be eligible to vote on any issue.

• (11) The Commission shall provide all reasonable facilities and services as may be required by the Council for the carrying out of its functions.

• (12) The Council may act notwithstanding a vacancy or vacancies in its membership.

• (13) The Council may regulate, by standing orders or otherwise, its procedure and business.

• (14) The Minister shall fix the date, time and place of the first meeting of the Council and the members of the Council shall decide on the frequency of all further meetings, subject to the Council meeting at least once each year.

• (15) The chairperson or ordinary members of the Council may resign from office by letter addressed to the Minister.

• (16) The Minister may remove from office the chairperson or an ordinary member of the Council in the following circumstances:

• (a) where, in the opinion of the Minister, he or she has become incapable through ill-health of effectively performing his or her duties,

• (b) for stated misbehaviour,

• (c) in the case of a person appointed to represent an organisation or interest under subsection (4), where the person is no longer such a representative, or

• (d) where his or her removal appears to the Minister to be necessary or desirable for the effective performance by the Council of its functions.

• (17) The Minister may, after consultation with the Council, make regulations on any matter which the Minister considers expedient for the purposes of this section.

55 Functions of Council.

55.—(1) It shall be the duty generally of the Council to advise the Commission or the Minister, as appropriate, in relation to issues relevant to small public service vehicles and their drivers.

• (2) Without prejudice to the generality of subsection (1), the Council may provide advice from time to time—

• (a) to the Commission in relation to—

• (i) proposals for regulations, standards, codes of practice in relation to small public service vehicles and their drivers submitted by the Commission to the Council for advice,

• (ii) matters relating to the delivery of quality services by small public service vehicles and their drivers,

• (iii) the preparation and review of the Commission strategy statement, and

• (iv) any other matters related to the functions of the Commission or which the Commission submits to the Council for advice, other than matters related to decisions of the Commission in individual cases,

• (b) to the Minister in relation to—

• (i) policy relevant to small public service vehicles and their drivers,

• (ii) proposals for legislation or regulations in relation to small public service vehicles and their drivers submitted by the Minister to the Council for advice,

• (iii) the assignment of specific functions relating to small public service vehicles and their drivers to the Commission, and

• (iv) any other matter which, in the opinion of the Council, is relevant to the effective performance by the Council or by the Commission of its functions or which the Minister submits to the Council for advice.

• (3) The Commission or the Minister, as appropriate, may consider the advice of the Council given under this section but shall not be bound to act on it.

• (4) The Commission may consult with or seek the advice of the Council on any matter relating to small public service vehicles and their drivers or to the effective performance by the Commission of its functions.

• (5) The Minister may consult with or seek the advice of the Council on any matter arising in relation to his or her functions with respect to small public service vehicles and their drivers.

• (6) Where the advice of the Council is sought by the Commission or the Minister under this Act, neither body shall be required to await the receipt of such advice of the Council before exercising its functions under this Act, once a reasonable period to facilitate the giving of such advice has elapsed.

• (7) The Council shall be entitled to be informed at its meetings about the work of the Commission provided that disclosure of such information shall not be in breach of section 21.

• (8)
• (a) The chairperson or ordinary members of the Council shall not disclose confidential information obtained by him or her as a member of the Council.

• (b) In this subsection “confidential information” includes information that is expressed by the Commission or the Minister to be confidential either as regards particular information or as regards information of a particular class or description.

• (9) A person who fails to comply with subsection (8) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

• (10) Proceedings for an offence under subsection (9) may be brought and prosecuted summarily by the Commission.

PART 5 Amendment of Road Traffic Act 2002

56 Amendment of section 23 of Act of 2002 (penalties).

56.—Section 23 of the Act of 2002 is amended in the Table thereto by substituting in column (3)—

• (a) at reference number 24, “€1,500” for “€800”, and

• (b) at reference number 25, “€800” for “€1,500”.

57 Amendment of Part 1 of First Schedule to Act of 2002 (penalty points).

57.—The chapeau to the columns of Part 1 of the First Schedule to the Act of 2002 is amended by inserting “or may” after “required to” and the chapeau, as so amended, is set out in the Table to this section.

TAXI REGULATION ACT 2003