N.I.
Taxis Act (Northern Ireland) 2008
2008 CHAPTER 4
An Act to make provision regulating taxi operators, taxis and taxi drivers; and for related purposes.
[21st April 2008]
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
PART 1 N.I.REGULATION OF TAXI OPERATORS
CHAPTER 1N.I.GENERAL
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Hirings accepted on behalf of another operatorN.I.
CHAPTER 2N.I.HIRING OF TAXIS AT SEPARATE FARES
Hiring of taxis at separate fares – GeneralN.I.
Compliance with a Departmental taxi-sharing schemeN.I.
Advance bookingN.I.
Prospective
Operator's licence [F1conditions relating to] separate faresN.I.
Textual Amendments
F1Words in s. 8 substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 21(3)(c), 48(2); S.R. 2015/284, art. 2(1), Sch.
F2S. 8(a) repealed (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 21(3)(a), 48(2), Sch. 2; S.R. 2015/284, art. 2(1), Sch.
F3Words in s. 8(b) substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 21(3)(b), 48(2); S.R. 2015/284, art. 2(1), Sch.
Prospective
InformationN.I.
Textual Amendments
F4S. 9 repealed (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 21(4)(a), 48(2), Sch. 2; S.R. 2015/284, art. 2(1), Sch.
Prospective
Functions in relation to operator's licence authorising separate faresN.I.
Textual Amendments
F5S. 10 repealed (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 21(4)(b), 48(2), Sch. 2; S.R. 2015/284, art. 2(1), Sch.
Prospective
Appeals in relation to operator's licence authorising separate faresN.I.
Textual Amendments
F6S. 11 repealed (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 21(4)(c), 48(2), Sch. 2; S.R. 2015/284, art. 2(1), Sch.
PART 2 N.I.REGULATION OF TAXIS
Requirement for taxi licenceN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Duties of owners of licensed taxisN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Regulation of fares, etc.N.I.
Display and publication, etc. of faresN.I.
Regulation of taximeters etc.N.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Orders concerning taxis, taxi stands etc.N.I.
PART 3 N.I.REGULATION OF DRIVERS OF TAXIS
Requirement for taxi driver's licenceN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Issue of driver's badges etc.N.I.
PART 4 N.I.LICENCES: GENERAL PROVISIONS
Applications for licences, etc.N.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Suspension, revocation and curtailment under section 26: procedure etc.N.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Variation of operator's licence by DepartmentN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Production of documentsN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Effect of appeal on decision appealed againstN.I.
Prospective
Regulations in respect of appealsN.I.
PART 5 N.I.ENFORCEMENT
Enforcement noticesN.I.
Powers of entryN.I.
Power to stop and examine licensed taxisN.I.
Power to stop and examine motor vehicles suspected of illegal taxiing etc.N.I.
Power of seizureN.I.
Regulations concerning vehicles and equipment seized under section 38 or 41N.I.
Taxi toutsN.I.
False statements, forgery and power of seizure in connection with certain documentsN.I.
Obstruction of authorised officers etc.N.I.
Offences due to fault of other personN.I.
Offences by corporationsN.I.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .PART 6 N.I.MISCELLANEOUS AND GENERAL
Prospective
Access to informationN.I.
49—(1) The Department may make any information held by it for the purposes of this Act available to—
(a)constables;
(b)police support staff;
(c)such other persons as may be prescribed.
(2) In respect of any information made available under subsection (1) the Department may by regulations—
(a)determine the purposes for which persons may be given access to the information;
(b)determine the circumstances in which any of the information to which those persons have been given access may be further disclosed by them.
(3) In this section “information” means information held in any form.
Publication of informationN.I.
50—(1) The Department may publish, in such form and manner as it thinks appropriate, information in connection with the provisions of this Act.
(2) Before the Department publishes any such information under subsection (1), it shall take into consideration any recommendations made by the General Consumer Council for Northern Ireland.
Payment of grantsN.I.
51—(1) The Department may, with the approval of the Department of Finance and Personnel, pay such grants to such persons or bodies as it considers appropriate in connection with any provision of, or the purposes of, this Act.
(2) Grants under this section may be subject to such terms and conditions as the Department may, with the approval of the Department of Finance and Personnel, determine.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Service of noticesN.I.
53 For the purposes of section 24 of the Interpretation Act (Northern Ireland) 1954 (c. 33), subsection (1) shall have effect with the omission of the word “registering”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Ancillary and transitional provisions etc.N.I.
55—(1) The Department may by order make such incidental, supplementary, consequential, transitory, transitional or saving provisions as it considers necessary or expedient for the purposes of, in consequence of or for giving full effect to this Act or any provision of it, or in connection with the coming into operation of any provision of this Act.
(2) An order under this section may amend, repeal or modify any statutory provision (including this Act).
(3) The power conferred by this section is not restricted by any other provision of this Act.
(4) Subsection (5) applies to byelaws made or having effect as if made under Article 65 of the 1981 Order which—
(a)relate to taxis; and
(b)are in force immediately before the coming into operation of section 54(1).
(5) Notwithstanding anything in section 54(1)—
(a)provisions of those byelaws which could have been included in an order under Article 27A of the Road Traffic Regulation (Northern Ireland) Order 1997 shall have effect as if contained in such an order; and
(b)any other provisions of those byelaws shall have effect as if contained in regulations made under section 20
GeneralN.I.
Orders and regulationsN.I.
56—(1) The Department may make regulations for any purpose for which regulations may be made under this Act or for prescribing anything which falls to be prescribed under any provision of this Act.
(2) Any orders or regulations under this Act may contain such incidental, supplementary, consequential, transitory, transitional or saving provisions as the Department (or the Secretary of State in the case of regulations under section 42) considers necessary or expedient.
(3) Without prejudice to the operation of section 17(5) of the Interpretation Act (Northern Ireland) 1954 (c. 33), any orders or any regulations made under this Act may be of a local, as opposed to public general, nature and may be limited in their application to a particular area.
(4) Subject to subsection (5), an order (except an order under section 59) or regulations under this Act shall be subject to negative resolution.
(5) Regulations under section 42 shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 (c. 36) shall apply accordingly.
InterpretationN.I.
57—(1) In this Act—
“the 1981 Order” means the Road Traffic (Northern Ireland) Order 1981 (NI 1);
“the 1995 Order” means the Road Traffic (Northern Ireland) Order 1995 (NI 18);
“affiliated driver” has the meaning given by section 1(2);
“authorised officer” means a vehicle examiner or an officer authorised in writing by the Department for the purposes of this Act;
“the Department” means the Department of the Environment;
“driver”, where a separate person acts as steersperson of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle;
“licensed operator” has the meaning given by section 1(1);
“licensed taxi” means a taxi for which there is in force a taxi licence;
“motor vehicle” has the same meaning as in the 1981 Order;
“notice” means notice in writing;
“operate a taxi service” has the meaning given by section 1(4);
“operating centre” means premises at or from which a taxi operator operates a taxi service;
“operator's licence” means a licence under section 2;
“owner”, in relation to a vehicle, means the person by whom the vehicle is kept, which in the case of a vehicle registered under the Vehicle Excise and Registration Act 1994 (c. 22) is presumed (unless the contrary is proved) to be the person in whose name the vehicle is registered
“premises” includes any place (including premises occupied as a private dwelling, any installation on land or any movable structure), but (except for the purposes of a power of entry under section 38(3)) does not include any vehicles;
“prescribed” means prescribed by regulations;
“regulations” (except in sections 41, 42 and 56) means regulations made by the Department;
“statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954;
“taxi” means a motor vehicle constructed or adapted to carry not more than 8 passengers in addition to the driver—
which is used in standing or plying for hire or reward; or
which is provided with the services of a driver and is used to carry passengers for hire or reward in the course of business of carrying passengers,
but does not include any vehicle in respect of which a certificate of exemption in the prescribed form has been issued by the Department or any vehicle to which Article 66A of the 1981 Order (car-sharing arrangements) applies;
“taxi booking” means a booking for a taxi to carry one or more passengers for hire or reward (including a booking to carry out as sub-contractor a taxi booking accepted by another operator);
“taxi driver's licence” means a licence under section 23;
“taxi licence” means a licence under section 13;
“taximeter” means a device that works together with a signal generator to make a measuring instrument; with the device measuring duration, calculating distance on the basis of a signal delivered by the distance signal generator, and calculating and displaying the fare to be charged in respect of any journey in a taxi on the basis of the calculated distance or the measured duration of the journey or a combination of both;
“taxi operator” means a person who operates a taxi service;
“vehicle examiner” means an examiner appointed by the Department under Article 74 of the 1995 Order.
(2) In this Act, references to the carriage of passengers for hire or reward include references to the carriage of passengers at separate fares.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .CommencementN.I.
59 This Act (except sections 55 to 57, this section and section 60) shall come into operation on such day or days as the Department may by order appoint.
Subordinate Legislation Made
P1S. 59 power partly exercised: 23.11.2009 appointed for specified provisions by S.R. 2009/352, art. 2, Sch. (with art. 3)
Short titleN.I.
60 This Act may be cited as the Taxis Act (Northern Ireland) 2008.
SCHEDULES
Section 48.
SCHEDULE 1N.I.ENTRIES TO BE INSERTED IN PART 1 OF SCHEDULE 1 TO THE ROAD TRAFFIC OFFENDERS (NORTHERN IRELAND) ORDER 1996 IN RESPECT OF OFFENCES UNDER THIS ACT
(1) | (2) | (3) | (4) | (5) | (6) | (7) |
---|---|---|---|---|---|---|
Provision creating offence | General nature of offence | Mode of Prosecution | Punishment | Disqualification | Endorsement | Penalty Points |
Offences under the Taxis Act (Northern Ireland) 2008 | ||||||
Section 1(3) | Operating a taxi service without an operator's licence | Summarily | Level 5 on the standard scale | |||
Section 3(5) | Knowingly keeping or making false records etc. | Summarily | Level 3 on the standard scale | |||
Section 3(10) | Operating a taxi service in respect of unlicensed taxi or in respect of taxi driven by unlicensed driver | Summarily | Level 5 on the standard scale | |||
Section 3(11) | Contravention of other operator's duties | Summarily | Level 3 on the standard scale | |||
Section 4(2) | Sub-contracting work to a non-licensed operator | Summarily | Level 3 on the standard scale | |||
Section 5(2) | Contravention of provisions of or made under Chapter 2 | Summarily | Level 3 on the standard scale | |||
Section 12(2) and (3) | Using, or permitting a taxi to be used, without a taxi licence | Summarily | Level 5 on the standard scale | |||
Section 14(6) | Contravention of taxi owner's duties | Summarily | Level 3 on the standard scale | |||
Section 15(3) and (4) | Contravention of requirement to exhibit taxi plates etc. | Summarily | Level 3 on the standard scale | |||
Section 16(4) | Contravention of regulations relating to regulation of fares | Summarily | Level 3 on the standard scale | |||
Section 17(4) | Failure to display fares or contravention of regulations to secure publication of fares | Summarily | Level 3 on the standard scale | |||
Section 18(6) | Contravention of provisions relating to taximeters | Summarily | Level 3 on the standard scale | |||
Section 18(8) | Unlawful tampering with a taximeter | Summarily | Level 3 on the standard scale | |||
Section 19(2) | Carrying more than the prescribed number of passengers | Summarily | Level 3 on the standard scale | |||
Section 20(3) | Contravention of regulations concerning taxis or use of taxis | Summarily | Level 3 on the standard scale | |||
Section 22(2) | Driving a taxi without a taxi driver's licence | Summarily | Level 5 on the standard scale | Discretionary if committed by driving a taxi where no licence authorising the driving of that vehicle could have been granted | Obligatory if committed as described in column 5 | 3–6 |
Section 22(3) | Operating a taxi service driven by a taxi driver without a taxi driver's licence or owning a taxi being driven by a taxi driver without a taxi driver's licence | Summarily | Level 5 on the standard scale | |||
Section 22(5) | Driving a taxi without a taxi driver's licence for that class of taxi | Summarily | Level 3 on the standard scale | |||
Section 22(6) | Operating a taxi service driven by a taxi driver without a taxi driver's licence for that class of taxi or owning a taxi driven by a taxi driver without a taxi driver's licence for that class of taxi | Summarily | Level 3 on the standard scale | |||
Section 24(5) | Failure to wear a taxi driver's badge or display other identification | Summarily | Level 3 on the standard scale | |||
Section 31(5) | Failure to produce documents etc. | Summarily | Level 3 on the standard scale | |||
Section 32(6) | Failure to comply with requirement or direction to return licence, plate, etc. or badge | Summarily | Level 3 on the standard scale | |||
Section 37(3) | Failure to comply with an enforcement notice | Summarily | Level 3 on the standard scale | |||
Section 39(3) | Failure to make alternative arrangements for conveyance of passengers | Summarily | Level 3 on the standard scale | |||
Section 43(1) | Soliciting any person to be carried in a taxi | Summarily | Level 3 on the standard scale | |||
Section 44(1) | Knowingly etc. to make false statement or furnish false information | Summarily | Level 5 on the standard scale | |||
Section 44(2) | Forging, possessing, documents, etc. with intent to deceive | Summarily | Level 5 on the standard scale | |||
Section 45(1) | Obstruction of constable or authorised officer | Summarily | Level 3 on the standard scale | |||
Section 45(2) | Failure to comply with requirement of constable or authorised officer or failure to give a constable or authorised officer assistance or information | Summarily | Level 3 on the standard scale | |||
Section 45(3) | Knowingly to make a false statement to authorised officer or constable | Summarily | Level 5 on the standard scale |
Section 58(1).
SCHEDULE 2N.I.MINOR AND CONSEQUENTIAL AMENDMENTS
The Road Traffic (Northern Ireland) Order 1981 (NI 1)N.I.
1 In Article 2(2) (interpretation), in the definition of “the Road Traffic Orders”—N.I.
(a)omit “and”; and
(b)after “2007” add “ and the Taxis Act (Northern Ireland) 2008 ”.
2 In Article 66A(1) (car-sharing arrangements), after “public service vehicle” insert “ or taxi (within the meaning of the Taxis Act (Northern Ireland) 2008) ”.N.I.
The Disability Discrimination Act 1995 (c. 50)N.I.
Prospective
3 In section 32(5) (taxi accessibility regulations), for the definition of “taxi” substitute—N.I.
““taxi” means a taxi within the meaning of the Taxis Act (Northern Ireland) 2008 which is licensed under section 13 of that Act for use in standing or plying for hire or reward or to carry passengers for hire or reward.”.
Prospective
4 In section 34 (new licences conditional on compliance with accessibility taxi regulations)—N.I.
(a)for subsection (1) substitute—
“(1) The Department of the Environment shall not grant a taxi licence under section 13 of the Taxis Act (Northern Ireland) 2008 for a taxi unless the vehicle conforms with those provisions of the taxi accessibility regulations with which it will be required to conform if licensed.”;
(b)in subsection (2) after “such a licence” insert “ or a public service vehicle licence granted under Article 61 of the Road Traffic (Northern Ireland) Order 1981 ”.
5 In section 37A (carrying of assistance dogs in private hire vehicles)—N.I.
(a)for “private hire vehicle”, each place it occurs, substitute “ taxi ”;
(b)in subsection (9)—
(i)for the definition of “driver” substitute
““driver” means a person who holds a taxi driver's licence granted under—
(a)Article 79A of the Road Traffic (Northern Ireland) Order 1981; or
(b)section 23 of the Taxis Act (Northern Ireland) 2008;”;
(ii)after the definition of “assistance dog” insert—
““booking” means a taxi booking within the meaning given by section 57(1) of the Taxis Act (Northern Ireland) 2008;”;
(iii)for the definition of “operator” substitute—
““operator” means a person who holds an operator's licence granted under section 2 of the Taxis Act (Northern Ireland) 2008;”.
The Road Traffic (Northern Ireland) Order 1995 (NI 18)N.I.
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Prospective
7 In Article 17 (power to administer preliminary tests) in paragraph (8)(b)—N.I.
(a)at the end of sub-paragraph (iii) omit“or”; and
(b)at the end of sub-paragraph (iv) add
“or
(v)any provision of the Taxis Act (Northern Ireland) 2008.”.
8 In Article 63(3) (obligatory test certificates), for sub-paragraph (b) substitute—N.I.
“(b)a taxi; or”.
9 In Article 76 (inspection of public passenger vehicles and goods vehicles) in paragraph (6), after sub-paragraph (a) insert—N.I.
“(aa)taxis;”.
10 In Article 78(1) (prohibitions conditional on inspection, etc.), after “not so adapted” insert “ or is a taxi ”.N.I.
The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10)N.I.
11 In Article 2(2) (general interpretation), in the definition of “the Road Traffic Orders”—N.I.
(a)omit“and”; and
(b)after “2007” add “ and the Taxis Act (Northern Ireland) 2008 ”.
The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)N.I.
12 In Article 2(2) (interpretation) in the definition of “the Road Traffic Orders”—N.I.
(a)omit“and”; an
(b)after “2007” add “ and the Taxis Act (Northern Ireland) 2008 ”.
The Traffic Management (Northern Ireland) Order 2005 (NI 14)N.I.
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Section 58(2).
SCHEDULE 3N.I.REPEALS
Short Title | Extent of repeal |
---|---|
The Road Traffic (Northern Ireland) Order 1981 (NI 1). | Article 79A. |
The Road Traffic (Amendment)(Northern Ireland) Order 1991 (NI 3). | |
The Disability Discrimination Act 1995 (c. 50). | In Schedule 8, paragraphs 16(2) and 21A(2). |
The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10). | In Part 1 of Schedule 1, the entry relating to Article 79A of the 1981 Order. |