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F2S. 8(a) repealed (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 21(3)(a), 48(2), Sch. 2; S.R. 2015/284, art. 2(1), Sch.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F4S. 9 repealed (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 21(4)(a), 48(2), Sch. 2; S.R. 2015/284, art. 2(1), Sch.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F5S. 10 repealed (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 21(4)(b), 48(2), Sch. 2; S.R. 2015/284, art. 2(1), Sch.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F6S. 11 repealed (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), ss. 21(4)(c), 48(2), Sch. 2; S.R. 2015/284, art. 2(1), Sch.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.
12—(1) A taxi shall not be used in standing or plying for hire or reward or to carry passengers for hire or reward except under a licence which is in force for that taxi (in this Act referred to as a “taxi licence”).
(2) The driver of a taxi and the taxi operator for or in respect of a taxi used in contravention of this section are each guilty of an offence.
(3) The owner of a taxi who permits it to be used in contravention of this section is guilty of an offence.
(4) It is a defence in proceedings for an offence under subsection (2) for the driver or operator to show that the driver or operator (as the case may be) exercised all due diligence to prevent the taxi being used in contravention of this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Duties of owners of licensed taxisN.I.
14—(1) This section applies to the owner of any licensed taxi.
(2) Subject to subsection (3), the owner shall present the taxi for inspection and testing by or on behalf of the Department within such period and at such place as the Department may by notice reasonably require.
(3) The taxi shall not be required to be presented under subsection (2) on more than three separate occasions during any one period of 12 months.
(4) The owner shall (without prejudice to Article 175 of the 1981 Order) report any accident to the taxi materially affecting—
(a)the safety, performance or appearance of the taxi; o
(b)the comfort or convenience of persons carried in the taxi,
to the Department as soon as reasonably practicable and in any case within 72 hours of the accident occurring.
(5) If the ownership of the taxi changes, the person who was previously the owner shall within 14 days of the change—
(a)give notice to the Department of that fact and the name and address of the new owner; and
(b)return to the Department the taxi licence and the plate, disc, sign or distinguishing mark which was issued for the taxi under section 15.
(6) A person who, without reasonable excuse, contravenes any provision of this section is guilty of an offence.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Regulation of fares, etc.N.I.
16—(1) The Department may by regulations provide, subject to such exceptions as may be prescribed—
(a)for the fixing of maximum rates or fares to be charged for, and the maximum for all other charges in connection with, the hire of taxis or the carriage of passengers for hire or reward by taxis (including, without prejudice to the generality of the foregoing, charges in respect of any kind of damage to taxis caused by passengers); and
(b)for preventing the driver of a taxi or any other person from demanding additional rates, fares or charges or more than the maximum rate, fare or charge so fixed.
(2) Without prejudice to the generality of subsection (1), regulations under this section may, in respect of the carriage of passengers at separate fares, include provision for the fixing of the maximum rate or fare to be charged for or in respect of each passenger.
(3) Before the Department makes any regulations under this section, it shall take into consideration any recommendations made by the General Consumer Council for Northern Ireland
(4) A person who contravenes any provision of regulations made under this section is guilty of an offence.
Display and publication, etc. of faresN.I.
17—(1) Subject to such exceptions as may be prescribed, rates, fares or charges shall be displayed, in such form and in such manner as may be prescribed—
(a)in a taxi; and
(b)at any operating centre to which any member of the public has access and at which taxi bookings are accepted for or in respect of that taxi.
(2) Subject to such exceptions as may be prescribed, changes to rates, fares or charges shall be notified to the Department within such time in advance of the changes and in such manner as may be prescribed.
(3) The Department may make regulations securing the due publication of rates, fares or charges.
(4) A person who contravenes subsection (1) or (2) or any provision of regulations made under this section is guilty of an offence.
Regulation of taximeters etc.N.I.
18—(1) Subject to such exceptions as may be prescribed, a taxi shall be fitted with—
(a)a taximeter; and
(b)a device constructed or adapted for the production of receipts,
in accordance with regulations made under this section.
(2) A taxi shall not be fitted with more than one taximeter and device referred to in subsection (1)(b).
(3) A taximeter and a device referred to in subsection (1)(b) shall be of a type approved by the Department.
(4) Subject to such exceptions as may be prescribed, the driver of a taxi shall, on payment of the fare, issue a receipt produced by the device referred to in subsection (1)(b) to the person who hired the taxi or paid the fare.
(5) Regulations may make provision for—
(a)inspection, testing and sealing of the taximeters and devices referred to in subsection (1)(b);
(b)operation of the taximeters and devices;
(c)display of tariffs;
(d)form and manner of production or issue of receipts;
(e)prescribed details to be included on receipts;
(f)such other requirements as may be prescribed.
(6) If a taxi is used in standing or plying for hire or reward or to carry passengers for hire or reward in contravention of this section or any provision of regulations made under it, the owner of the taxi, driver of the taxi and taxi operator for or in respect of the taxi are each guilty of an offence
(7) It is a defence in proceedings for an offence under subsection (6) for the owner, driver or operator to show that the owner, driver or operator (as the case may be) exercised all due diligence to prevent the taxi being used in contravention of this section.
(8) A person who unlawfully tampers with a taximeter or device referred to in subsection (1)(b) is guilty of an offence.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Orders concerning taxis, taxi stands etc.N.I.
21—(1) After Part 4 of the Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2) there shall be inserted the following Part—
“PART 4A N.I.TAXIS
Taxi regulation orders
27A—(1) The Department may by order (a “taxi regulation order”) make provision for all or any of the following purposes—
(a)for preventing taxis from standing or plying for hire or reward on, or preventing taxis from using except in accordance with the order, specified roads or lengths of roads;
(b)for providing which length of roads may be used as stands for taxis;
(c)for regulating the number of taxis which may stand at each stand and fixing the charges to be made and the time during which taxis may remain there;
(d)for regulating the times and intervals at, and the order in which, taxis may enter or leave such stands;
(e)for reserving particular stands for the use of taxis or of taxis plying on particular routes and excluding from those stands all other vehicles and generally regulating access to and the use of those stands.
(2) Any person who contravenes a taxi regulation order is guilty of an offence
(3) Schedule 4A (which makes further provision in relation to taxi regulation orders) shall have effect.
(4) In this Article (and in Schedule 4A) “taxi” means a taxi within the meaning of the Taxis Act (Northern Ireland) 2008.”.
(2) After Schedule 4 to the Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2) there shall be inserted the following Schedule—
“SCHEDULE 4AN.I.ORDERS UNDER ARTICLE 27A
1 The Department shall comply with paragraphs 2 and 3 before making an order under Article 27A.
2 The Department shall consult such persons as it considers appropriate.
3—(1) The Department shall publish a notice including the particulars specified in sub-paragraph (2).
(2) The particulars which the notice must contain are—
(a)the title of the order;
(b)a statement of the general nature and effect of the order;
(c)the name or a brief description of any road or taxi stand to which the order will apply;
(d)an address in that area where a copy of the draft order and any relevant map or plan may be inspected by any person free of charge at all reasonable hours during the period mentioned in head (e); and
(e)the period during which, and the address to which, objections or other representations may be made, and a statement that all objections or other representations must be in writing and must specify the grounds on which they are made.
(3) The period specified under sub-paragraph (2)(e) shall not be less than 21 days from the date of the publication or last publication of the notice.
(4) Publication of a notice under sub-paragraph (1) shall be in a newspaper circulating in the area in which any road to which the order relates is situated.
(5) The Department shall consider any objections or other representations made within the period specified under sub-paragraph (2)(e).
4 Before making an order under Article 27A, the Department may hold a public inquiry.
5 The Department may make an order under Article 27A with or without omissions and other modifications
6 When the Department makes an order under Article 27A, it shall—
(a)notify—
(i)any person consulted under paragraph 2; and
(ii)any person who made objections or other representations in accordance with paragraph 3; and
(b)publish in a newspaper circulating in the area in which any road to which the order relates is situated a notice stating that the order has been made.”.
(3) In paragraph 7A of Schedule 3 to the Statutory Rules (Northern Ireland) Order 1979 (NI 12) (statutory rules exempted from requirement as to printing and sale), after “15,” there shall be inserted “ 27A, ”.
(4) In Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10) (prosecution and punishment of offences) after the entry relating to Article 24 of the Road Traffic Regulation (Northern Ireland) Order 1997, insert—
“Article 27A | Contravention of taxi regulation order | Summarily | Level 3 on the standard scale” |
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.
37—(1) Where the Department considers that a licensed operator has failed to comply with any of the duties imposed by or under section 3(3), (4) or (6), the Department may serve on the person an enforcement notice.
(2) An enforcement notice shall—
(a)state that the Department considers that the person on whom the notice is served has failed to comply with the duty specified in the notice;
(b)specify why the Department considers that the person has failed to comply with the duty in question; and
(c)require the person, before the expiry of the period specified in the notice (being a period of at least 21 days), to take the action so specified.
(3) A person who fails to comply with any requirement imposed by an enforcement notice shall be guilty of an offence.
(4) It is a defence in proceedings for an offence under subsection (3) for a person to show that the person exercised all due diligence to avoid committing such an offence.
(5) Where the Department has served an enforcement notice on a person, the Department may—
(a)before the expiry of the period specified in the notice, by notice in writing to the person withdraw the enforcement notice; o
(b)if an appeal against the notice is not pending under subsection (6), extend, or further extend, the period specified in the notice.
(6) A person on whom an enforcement notice is served may, within 21 days from the date on which it is served, by notice appeal to the Department.
(7) On an appeal under this section, the Department may either cancel or affirm the notice, and if it affirms it, it may do so either in its original form or with such modifications as the Department may in the circumstances think fit.
(8) The Department shall, on making a decision under subsection (7), give notice of the decision to the appellant including particulars of the grounds of the decision.
(9) A person who is aggrieved by a decision of the Department under subsection (7) may, within 21 days of the notice being served under subsection (8), appeal to a court of summary jurisdiction.
(10) Any such appeal shall be made in accordance with Part 7 of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26).
(11) On an appeal under this section, the court may either cancel or affirm the notice, and, if it affirms it, may do so either in its original form, in its form as modified by the Department under subsection (7) or with such other modifications as the court may in the circumstances think fit.
(12) Where an appeal is brought under this section against an enforcement notice, the operation of the notice shall be suspended until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal.
Powers of entryN.I.
38—(1) Subject to subsection (2), an authorised officer or a constable may enter at all reasonable times any premises specified as an operating centre in an operator's licence and inspect those premises and any equipment and any other item found there, for the purpose of ascertaining—
(a)whether the conditions of the operator's licence are being complied with; or
(b)whether any other provisions of or made under this Act are being complied with.
(2) An authorised officer or a constable may not under subsection (1) enter premises which are occupied as a private dwelling unless under the authority of a warrant issued under subsection (5).
(3) Subject to subsection (4), an authorised officer or a constable may enter at all reasonable times any premises and inspect those premises and any equipment and any other item found there if the officer or constable has reasonable grounds for suspecting that a person is operating a taxi service at or from those premises without an operator's licence.
(4) An authorised officer or a constable may not enter premises under subsection (3) unless under the authority of a warrant issued under subsection (5).
(5) Where a lay magistrate is satisfied by complaint on oath
(a)that admission to the premises is reasonably required for the purposes specified in the complaint; and
(b)that an authorised officer or a constable would, apart from subsection (2) or (4) be entitled for that purpose to exercise in respect of the premises a power of entry under subsection (1) or (3) as the case may be,
the lay magistrate may issue a warrant under the lay magistrate's hand authorising that person to enter the premises.
(6) A warrant issued under subsection (5) shall continue in force until the purpose for which entry is required has been satisfied.
(7) An authorised officer or a constable exercising a power of entry by virtue of this section shall, if so required, produce evidence of the officer's or constable's authorisation and any warrant under subsection (5)—
(a)before entering the premises; or
(b)at any time before leaving the premises.
(8) Where an authorised officer or a constable exercises a power of entry by virtue of this section, the officer or constable may seize and remove any equipment or other items found on the premises which the officer or constable has reasonable cause to believe may be required as evidence for the purpose of proceedings in respect of an offence under section 1 or 3.
(9) The powers conferred on an authorised officer or a constable by subsection (8) are exercisable only at a time when regulations under section 42 are in operation.
(10) Where an authorised officer or a constable exercises a power of entry by virtue of this section, the officer or constable shall ensure that the premises are left no less secure by reason of the entry, and the Department shall make good or pay compensation for any damage to property caused by the officer or constable in entering the premises, in carrying out any inspection or in making the premises secure.
(11) Any question of disputed compensation shall be referred to and determined by the Lands Tribunal.
(12) For the purposes of a power of entry under subsection (3), “premises” also includes vehicles.
Power to stop and examine licensed taxisN.I.
39—(1) An authorised officer or constable in uniform may stop and examine any licensed taxi.
(2) If an authorised officer or constable in uniform is satisfied that the taxi does not comply with regulations under section 20 for ensuring the safety of passengers in taxis, and that danger to the passengers in the taxi is likely to occur, the officer or constable may require—
(a)the passengers to leave the taxi; and
(b)suitable arrangements to be made by the driver of the taxi for the immediate conveyance of the passengers to the places to which they are entitled to travel in the taxi.
(3) If the driver of a taxi fails to make suitable arrangements for the immediate conveyance of passengers upon being required to do by an authorised officer or constable under subsection (2)(b) the driver is guilty of an offence
(4) It is a defence in proceedings for an offence under this section for the driver to show that the driver exercised all due diligence to avoid committing such an offence.
Power to stop and examine motor vehicles suspected of illegal taxiing etc.N.I.
40—(1) Where an authorised officer or constable in uniform has reason to believe that any motor vehicle is a taxi being used in standing or plying for hire or reward or to carry passengers for hire or reward in contravention of any provision of or made under this Act or the 1981 Order, the officer or constable may stop and examine the vehicle.
(2) Where an authorised officer or constable has stopped any vehicle under subsection (1), the officer or constable may require—
(a)the driver of the vehicle; and
(b)any person who has made, is making or intends to make, use of that vehicle for the carriage of passengers for hire or reward,
to provide the officer or constable with all such information, and produce for the officer's or constable's inspection all such documents, as the officer or constable may reasonably require for any of the purposes mentioned in subsection (3).
(3) Those purposes are—
(a)obtaining the name and address of the owner of the vehicle, operator of the vehicle or driver of the vehicle, and
(b)ascertaining, in relation to any passengers who have been, or are being, or are to be carried on the vehicle for hire or reward, particulars of—
(i)the number of passengers;
(ii)the places from which and to which the passengers have been, are being, or are to be, carried;
(iii)the carriage of the passengers for hire or reward.
Power of seizureN.I.
41—(1) Subsection (2) applies if—
(a)an authorised officer or constable in uniform—
(i)exercises a power under section 40(1); or
(ii)attempts to exercise a power under section 40(1) and the vehicle does not stop or does not stop long enough for the officer or constable to make such lawful enquiries as the officer or constable considers appropriate; and
(b)the authorised officer or constable has reasonable grounds for believing that the vehicle is or was being used in contravention of section 12.
(2) Where this subsection applies, the authorised officer or constable may—
(a)subject to subsection (3), seize and remove the vehicle (together with any equipment or other items found in it);
(b)enter, for the purpose of exercising a power falling within paragraph (a), any premises (other than premises occupied as a private dwelling) on which the officer or constable has reasonable grounds for believing the vehicle to be
(c)use reasonable force, if necessary, in the exercise of any power conferred by paragraph (a) or (b).
(3) If the authorised officer or constable is unable to seize the vehicle immediately because it has not stopped or has been driven off, the officer or constable may seize it at any time within the period of 24 hours beginning with the time at which subsection (1) is first satisfied.
(4) The powers conferred on an authorised officer or a constable by this section are exercisable only at a time when regulations under section 42 are in operation.
(5) In this section—
(a)a reference to a vehicle does not include an invalid carriage;
(b)“equipment or other items found in a vehicle” means equipment or other items which the authorised officer or constable has reasonable grounds to believe may be required as evidence for the purpose of proceedings in respect of an offence under section 12;
(c)“private dwelling” does not include any garage or other structure occupied with the dwelling, or any land appurtenant to the dwelling house.
Regulations concerning vehicles and equipment seized under section 38 or 41N.I.
42—(1) The [F7Department of Justice] may by regulations make provision as to—
(a)the removal and retention of vehicles, equipment and items seized under section 38 or 41;
(b)the release or disposal of such vehicles, equipment and items.
(2) Regulations under subsection (1) may, in particular, make provision—
(a)for the giving of notice of seizure of the vehicle, equipment or item to a person who is its owner;
(b)for the procedure by which a person who claims to be the owner of the vehicle, equipment or item seized under section 38 or 41 may seek to have it released;
(c)for requiring the payment, by the owner or driver of the vehicle or the owner of the equipment or item, of fees, charges or costs in relation to its removal and retention and to any application for its release;
(d)as to the circumstances in which a vehicle, equipment or item seized under section 38 or 41 may be disposed of;
(e)as to the destination—
(i)of any fees, charges or costs payable in accordance with the regulations;
(ii)of the proceeds (if any) arising from the disposal of any vehicle, equipment or item seized under section 38 or 41.
Taxi toutsN.I.
43—(1) Subject to subsections (2) and (3), a person who solicits any person to be carried for hire or reward in a taxi is guilty of an offence.
(2) Subsection (1) does not imply that the soliciting must refer to any particular taxi nor is the mere display of a plate, disc, sign or distinguishing mark on a taxi that it is for hire soliciting within that subsection.
(3) No offence is committed under this section where soliciting persons to be carried for hire or reward in licensed taxis is permitted by any provision of or made under Chapter 2 of Part 1 (whether or not supplemented by provision made under section 5(3)) or by virtue of regulations made under section 20.
False statements, forgery and power of seizure in connection with certain documentsN.I.
44—(1) A person who knowingly or recklessly makes, or causes to be made, a statement or furnishes information which is false or misleading in any material particular for the purpose of procuring the grant of a licence under this Act, or the variation of a licence under section 28, is guilty of an offence.
(2) A person who, with intent to deceive—
(a)forges, alters or uses a document or other thing listed in subsection (3);
(b)lends to, or allows to be used by, any other person a document or other thing listed in subsection (3); or
(c)makes or has in the person's possession any document or other thing so closely resembling a document or other thing listed in subsection (3) as to be calculated to deceive,
is guilty of an offence.
(3) The documents or other things referred to in subsection (2) are—
(a)any licence under this Act;
(b)any records required to be kept under, or by virtue of regulations made under, section 3;
(c)any plate, disc, sign or distinguishing mark issued under section 15;
(d)any document which, in pursuance of section 23(3), is issued as evidence of the result of a test of competence to drive;
(e)any badge or other evidence of identification issued under section 24; or
(f)such other documents or things as are prescribed.
(4) If a constable or authorised officer has reasonable cause to believe—
(a)that a document or other thing produced to the constable or officer under this Act by the driver of a motor vehicle;
(b)a document or other thing carried on or by the driver of a motor vehicle; or
(c)that any plate, disc, sign or distinguishing mark containing particulars required to be on a plate, disc, sign or distinguishing mark issued under section 15,
is a document or other thing in relation to which an offence has been committed under this section, the constable or officer may seize the document or other thing.
(5) For the purposes of subsection (4), the power to seize includes a power to detach from a vehicle
(6) When a document or other thing has been seized under subsection (4), the person from whom it was seized shall, unless the document or other thing has been previously returned to the person or the person has been previously charged with an offence under this section, be summoned before a court of summary jurisdiction to account for the person's possession of the document or other thing and the court shall make such order respecting the disposal of the document or other thing and award such costs as the justice of the case may require.
Obstruction of authorised officers etc.N.I.
45—(1) A person who wilfully obstructs an authorised officer or constable acting in pursuance of this Act is guilty of an offence.
(2) A person who, without reasonable excuse—
(a)fails to comply with any requirement properly made to such person by an authorised officer or constable acting in pursuance of this Act; or
(b)fails to give an authorised officer or constable acting in pursuance of this Act any other assistance or information which the officer or constable may reasonably require of such person for the purpose of performing the officer's or constable's functions under this Act,
is guilty of an offence.
(3) A person who makes any statement which the person knows to be false in giving any information to an authorised officer or constable acting in pursuance of this Act is guilty of an offence.
Offences due to fault of other personN.I.
46 Where an offence by any person under this Act is due to the act or default of another person, then (whether proceedings are taken against the first mentioned person or not) that other person is guilty of the offence and is liable to be proceeded against and punished accordingly.
Offences by corporationsN.I.
47 Section 20(2) and (3) of the Interpretation Act (Northern Ireland) 1954 (c. 33) (offences by corporations) shall apply to this Act as if the requirement for consent in subsection (3) were omitted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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”.
Application of other statutory provisionsN.I.
54—(1) Articles 59 to 66 of the 1981 Order shall not apply to taxis, in so far as those provisions relate to any matter in relation to which requirements are or could be imposed by or under this Act.
(2) Part 2 of the Transport Act (Northern Ireland) 1967 (c. 37) shall not apply to the use of a taxi to stand or ply for hire or reward or to carry passengers for hire or reward.
(3) Notwithstanding anything in subsection (2), for the purposes of section 14 of the Finance Act (Northern Ireland) 1966 (c. 21) an operator's licence which authorises the licensed operator to operate a taxi service for or in respect of the carriage of passengers at separate fares shall be deemed to be a road service licence granted or deemed to have been granted under Part 2 of the Transport Act (Northern Ireland) 1967.
(4) Notwithstanding anything in Article 215 of the 1981 Order or Article 109 of the 1995 Order, the provisions of those Orders, in so far as they relate to taxis, shall have effect in relation to the Belfast Harbour Commissioners or other harbour commissioners having in relation to their harbour area powers similar to those of the Belfast Harbour Commissioners for restricting access to, and regulating motor traffic on, roads, and a road vested in, or under the control of, any such harbour commissioners, shall be deemed for the purposes of those Orders to be a road to which the public has access.
(5) For the purposes of those provisions as applied by subsection (4) to a road in the Belfast Harbour Estate a member of the Belfast Harbour Police shall have the same powers as a member of the Police Service of Northern Ireland has in relation to other roads.
Commencement Information
I1S. 54 partly in operation; s. 54 not in operation at Royal Assent see s. 59; s. 54(1) in operation for certain purposes at 23.11.2009 by S.R. 2009/352, art. 2, Sch.; s. 54(4)(5) in operation at 23.11.2009 by S.R. 2009/352, art. 2, Sch.
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.
Consequential amendments and repealsN.I.
58—(1) Schedule 2 (which contains minor and consequential amendments) shall have effect.
(2) The statutory provisions mentioned in the first column of Schedule 3 are repealed to the extent set out in the second column.
Commencement Information
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 In Article 2(2) (general interpretation)—N.I.
(a)in the definition of “the Road Traffic Orders”—
(i)omit“and”; and
(ii)after “2007” add “ and the Taxis Act (Northern Ireland) 2008 ”;
(b)after the definition of “statutory provision”, insert—
““taxi” has the same meaning as in the Taxis Act (Northern Ireland) 2008;”.
Commencement Information
I3Sch. 2 para. 6 partly in operation; Sch. 2 para. 6 not in operation at Royal Assent see s. 59; Sch. 2 para. 6(a) in operation at 23.11.2009 by S.R. 2009/352, art. 2, Sch.
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 In Schedule 1 (contraventions subject to penalty charges)—N.I.
(a)after the paragraph beginning “An offence under Article 19(1) or (3)” insert—
“An offence under Article 27A(2).”; and
(b)for the paragraph beginning “An offence under any statutory provision” substitute—
“An offence under any statutory provision of contravening—
(a)a prohibition or restriction on the use of a stand or starting place for taxis or taxis of a particular description by a vehicle which is not a taxi or not a taxi of that description; or
(b)a prohibition or restriction on a taxi or a taxi of a particular description from standing or plying for hire or reward within a prescribed distance of a stand or starting place for taxis.
(For the purposes of this paragraph “taxi” has the meaning given by section 57(1) of the Taxis Act (Northern Ireland) 2008).”.
Commencement Information
I4Sch. 2 para. 13 partly in operation; Sch. 2 para. 13 not in operation at Royal Assent see s. 59; Sch. 2 para. 13(a) in operation at 23.11.2009 by S.R. 2009/352, art. 2, Sch. (with art. 3)
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). |
Article 6 In Schedule 3, Part 2. |
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. |