Seatbelts
1. As a SPSV driver am I required to wear a seatbelt?
Yes. All SPSV drivers are legally required to wear a seatbelt. The previous exemption for taxi drivers was removed by virtue of the Road Traffic (Removal of Exemption from Wearing Seat Belts by Taxi Drivers) Regulations 2004 S.I. 402 of 2004. Since August 2003 failure by a driver of a car to wear a seat belt has been a fixed charge offence. The only exemption is, as for all other road users, on medical grounds.
2. Am I responsible for providing seatbelts?
All vehicles registered on or after 1 January 1992 are required to have safety belts fitted to all forward facing seats. Outboard seats are required to have a three point lap and diagonal belt since this date. It is important to note that the above requirements apply specifically to all passenger vehicles having accommodation for not more than eight passengers by virtue of the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1991(S.I. No. 359/1991).
3. Am I responsible for ensuring that a passenger wears a seatbelt?
Adult passenger
The failure to wear a seatbelt by an adult passenger (a person aged 17 years or over) in the front or rear of a motor car is one of the offences that was brought into the fixed charge system. From 3 April 2006 , a person who contravenes the seatbelt requirement will be issued with a fixed charge notice giving him or her the option of making a fixed charge payment of €60 within 28 days or €90 within the following 28-day period in lieu of a court prosecution. It is the responsibility of the adult passenger to ensure that he complies with this legal requirement.
Passenger under the age of 17
Since August 2003 (S.I. No. 322/2003), to permit a person under 17 years of age not to be appropriately restrained in a car has been a fixed charge offence with charges applying as indicated above and with 2 penalty points applying on payment of a fixed charge and 4 penalty points on conviction by a court.
4. Must I provide Child Restraint Systems?
No. Taxis are exempt from providing CRS by European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006 (S. I. 240 of 2006). This essentially exempts taxis from the requirement to provide child restraint systems for children aged 3 years and under, however such persons may not occupy a front seat. It must be noted however that this only applies to vehicles without any suitable restraints fitted i.e. where there are child specific restraints in the vehicle they must be worn by any children travelling within.
Smoking
A PSV is considered to be a place of work by virtue of Tobacco Smoking (Prohibition) Regulations 2003 (S.I. No. 481/2003), and it is therefore forbidden to smoke in such a place of work by virtue of the Public Health (Tobacco) Act, 2002 (Section 47) Regulations 2003. For further information, please contact the Office of Tobacco Control.
Health and Safety
SAFETY, HEALTH AND WELFARE AT WORK ACT, 2005 section 7 states that for the purposes of the legislation, self employed persons (all SPSV operators are deemed to be self-employed) are susceptible to the legislative provisions applicable to employers. Section 12 of the same Act provides that: —Every employer shall manage and conduct his or her undertaking in such a way as to ensure, so far as is reasonably practicable, that in the course of the work being carried on, individuals at the place of work (not being his or her employees) are not exposed to risks to their safety, health or welfare. For further information, please contact the Health & Safety Authority.
Safety and Security
The safety and security of both passengers and drivers of all SPSVs is of paramount importance and was raised by drivers around the country during the consultation process. The Commission for Taxi Regulation is very conscious that this is a most worrying aspect for passengers and drivers and their families and is anxious to put in place any measures, which will assist the safety and security of both drivers and passengers. The security of drivers and passengers as it relates to anti-social behaviour, assaults or attempted assaults is clearly a matter for An Garda Síochána. The Commission for Taxi Regulation would encourage the immediate reporting of such offences.
Administration
What do I do if I have changed my address?
The holder of a taxi licence, a wheelchair accessible taxi licence, hackney licence or a limousine licence shall, within one month after any change of address, send to the Commission the licence together with a statement in writing stating the fact of such change and giving particulars of the new address.
Advice on advertising my services
Limousine
No sign or advertisement other than one prescribed by the Commission for Taxi Regulation shall be displayed on a limousine (S.I. No. 316/1999 as amended by S.I. No. 154/2006)
Hackney
No sign or advertisement, other than one prescribed by the Commission for Taxi regulation shall be displayed on a hackney. (S.I. No. 316/1999 as amended by S.I. No. 154/2006)
Taxi and Wheelchair Accessible Taxis
Licensed taxi vehicles may exhibit any telephone number or any sign or advertisement indicating the nature of the business in which the vehicle or its owner is engaged or that the vehicle is for hire. (S.I. 273/1968)
Use of word "taxi"
The word "taxi" shall not be used or exhibited in any written statement, advertisement, sign or other published notice in relation to a public service vehicle which is not a licensed public hire vehicle fitted with a taximeter.
Probate
In the event of a licence holders death, the Commission have certain administrative requirements to be complied with before the licence can be transferred to the intended beneficiary.
While circumstances will vary, generally the Commission will require:
- A copy of the licence
- A copy of the death certificate
- A copy of the Grant of the High Court or a copy of the will; and
- A tax clearance certificate in the name of transferee.
If the licence has expired, there is an additional requirement for a VL4 Form (pdf download) to be completed together with the restoration fee.