The Taxi Licensing Regulations (Northern Ireland) 2015

PART 2 N.I. Taxi licences

Application for a taxi licence N.I.

3.  The owner of a taxi shall, on making an application for a taxi licence under section 13(1) of the Act (taxi licences), pay to the Department the appropriate fee specified in column (2) of Schedule 1.

[F1 Automatic renewal of licences N.I.

3A.— [F2 (1) Paragraph (2) applies where a taxi licence granted in respect of a taxi before 10^th October 2020 has expired in the period beginning with 9^th March 2020 and ending with 31^st May 2021.]

(2) The Department may grant a taxi licence in respect of the taxi (an “automatic renewal licence”) as if—

(a) an application had been made for a taxi licence in respect of the taxi;

(b) the licence applied for were of the same Class as the licence mentioned in paragraph (1); and

(c) the Department were satisfied as required by section 13(3)(b) of the Act and regulation 7(1) or (2).[F3 ,

provided that the aggregate period for which any consecutive automatic renewal licences are granted shall not exceed 12 months for any taxi]

(3) An automatic renewal licence granted in respect of a taxi has effect for the purposes of the Act (and these Regulations) as if it had been granted on an application and after inspection of the taxi.

(4) An automatic renewal licence is subject to the conditions specified in Schedule 1A in addition to the conditions specified in regulation 11.]

Textual Amendments

F1 Reg. 3A inserted (10.4.2020) by The Taxi Licensing (Amendment) (Coronavirus) Regulations (Northern Ireland) 2020 (S.R. 2020/64), regs. 1(1), 2(2)

F2 Reg. 3A(1) substituted (7.9.2020) by The Taxi Licensing (Amendment No. 2) (Coronavirus) Regulations (Northern Ireland) 2020 (S.R. 2020/190), regs. 1(1), 2(2)

F3 Words in reg. 3A(2) inserted (7.9.2020) by The Taxi Licensing (Amendment No. 2) (Coronavirus) Regulations (Northern Ireland) 2020 (S.R. 2020/190), regs. 1(1), 2(3)

Inspection of taxi N.I.

4.—(1) On notification by the Department, the applicant [F4 shall] present the taxi for inspection and testing by a vehicle examiner at the time and centre specified in the notice, together with the—

(a) registration document;

(b) most recent licence, plate or sign, if any; and

(c) certificate of a valid policy of insurance.

(2) The inspection of the taxi shall include inspection of the items listed in Schedule 2 as applicable to the taxi being inspected.

(3) The vehicle examiner shall not be obliged to carry out the inspection where—

(a) the taxi is not presented at the time and centre notified to the applicant;

(b) on presentation of a taxi for inspection the applicant does not produce the items specified in paragraph (1);

(c) the information provided on the application form is found to be substantially incorrect;

(d) the taxi, or any part of, or any equipment of, the taxi is so dirty as to make it unreasonably difficult for the inspection to be carried out in accordance with the provisions of these Regulations;

(e) the taxi emits substantial quantities of avoidable smoke; or

(f) a failure of a part of the taxi renders it incapable of being moved in safety under its own power.

Textual Amendments

F4 Word in reg. 4(1) substituted (31.5.2016) by The Taxi Licensing (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/140), regs. 1, 2(2)

Classes of use N.I.

5.—(1) For the purposes of section 13(2) of the Act the prescribed classes of use for which a taxi licence may be granted are specified in the Table.

Table

Column (1)Class of licence	Column (2)Permitted use
A	(a) in the Belfast Zone— (i) plying for hire or reward only on the days and hours specified in regulation 6; and (ii) carrying passengers for hire or reward; and (b) outside the Belfast Zone— (i) plying for hire or reward; (ii) carrying passengers for hire or reward; and (iii) standing at taxi stands.
B	(a) plying for hire or reward; (b) carrying passengers for hire or reward; and (c) standing at taxi stands.
C	carrying passengers for hire or reward.
D	carrying passengers for hire or reward only when the taxi— (a) is listed on a road service licence granted under Part II of the 1967 Act and used in accordance with that licence; or (b) is used in accordance with a service permit issued under Part 1 of the 2011 Act.

(2) In this regulation—

“Belfast Zone” means the area and roads highlighted in pink on the map; and

“the map” means the map marked “with reference to the Taxi Licensing Regulations (Northern Ireland) 2015.” and signed, dated and sealed on the date when these Regulations are made.

(3) The map is available for inspection, at the Department of the Environment, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT1 8GB between 09.30 and 16.00 each day, Monday to Friday, with the exception of public holidays.

Class A permitted use in Belfast Zone – days and hours N.I.

6.  The days and hours specified for the purposes of the permitted use of a Class A licensed taxi in the Belfast Zone, referred to in column (2) of the Table in regulation 5(1), are—

(a) every Friday and Saturday from 23.59 until 06.00 in the morning of the following day;

(b) from 23.59 on the day preceding a public holiday until 06.00 in the morning of the day of the public holiday; and

(c) from 23.59 on the day of the public holiday until 06.00 in the morning of the day following the public holiday.

Grant of licence N.I.

7.—(1) Subject to section 13(3)(b) of the Act, where an application is made in respect of a Class A, B or D taxi licence and the Department is satisfied that the taxi—

(a) complies with the statutory requirements;

(b) is not a heavy motor car or a motor vehicle with a maximum gross weight exceeding 3500 kilograms; and

(c) is either an approved M1 vehicle or has previously been granted a public service vehicle licence,

it shall grant a licence.

(2) Subject to section 13(3)(b) of the Act, where an application is made in respect of a Class C taxi licence and the Department is satisfied that—

(a) the taxi complies with the statutory requirements; and

(b) where the taxi is a motor car, that—

(i) a public service vehicle licence has previously been granted for the taxi;

(ii) it is an approved M1 vehicle; or

(iii) it has not been altered since originally manufactured,

it shall grant a licence.

(3) A taxi licence shall not be granted where a valid taxi licence for that taxi already exists.

(4) Where the Department refuses to grant a taxi licence it shall notify the applicant of the decision including the reasons for refusal.

(5) In this regulation—

“motor car” has the same meaning as in regulation 2(1) of the Construction and Use Regulations; and

“the statutory requirements” mean—

(a)

the Construction and Use Regulations;

(b)

the Road Vehicles Lighting Regulations (Northern Ireland) 2000 M1 ;

(c)

the Road Vehicles (Display of Registration Marks) Regulations 2001 M2 ;

(d)

Parts 3 and 4;

(e)

where an application is in respect of a Class A taxi licence, the Taximeters Regulations; and

(f)

where an application is in respect of a Class B taxi licence, the Taximeters Regulations and—

(i)

where a public service vehicle licence was in force at any time during the period of 12 months ending on 31st May 2016, Schedule 3; or

(ii)

in any other case, the Taxi Accessibility Regulations (Northern Ireland) 2015 M3 .

Marginal Citations

M1 S.R. 2000 No.169

M2 S.I. 2001/561

M3 S.R. 2015 No. 396

Use of licensed taxi N.I.

8.—(1) Subject to paragraph (2), the owner or driver of a licensed taxi shall not cause or permit the use of the taxi other than in accordance with the permitted use specified in column (2) of the Table in regulation 5(1).

(2) The owner or driver of a Class D licensed taxi shall not cause or permit the use of the taxi other than in accordance with the permitted use specified in column (2) of the Table in regulation 5(1), unless the taxi is used to provide—

(a) an executive service or a tour service on behalf of a licensed operator and the requirement specified in regulation 9(1A) of the Taxi Operators Licensing Regulations M4 is satisfied; or

(b) a service for—

(i) a health and social care body as defined in section 1(5) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 M5 ; or

(ii) the Education Authority established under the Education Act (Northern Ireland) 2014 M6 .

(3) Subject to paragraph (4), the owner or driver of a Class C licensed taxi shall not cause or permit the use of the taxi to carry passengers for hire or reward unless the requirement specified in regulation 9(1A) of the Taxi Operators Licensing Regulations is satisfied.

(4) Paragraph (3) shall not apply where the taxi is being used for the purposes of a wedding or to provide courtesy transport.

(5) In this regulation “courtesy transport” has the same meaning as in regulation 15(3) of the Taxi Operators Licensing Regulations M7 .

Marginal Citations

M4 Paragraph (1A) is inserted by regulation 2(4)(a) of S.R. 2015 No. 395

M5 2009 c.1 (N.I.)

M6 2014 c.12 (N.I.)

M7 The definition of “courtesy transport” is substituted by regulation 2(8) of S.R. 2015 No. 395

[F5 Further application for a taxi licence within 21 days of refusal] N.I.

9.— [F6 (1) Where an applicant is notified in accordance with regulation 7(4), the applicant may make a further application for a taxi licence within 21 days from and including the date of notification.

(1A) Where a further application is made in accordance with paragraph (1) the taxi must be presented for a further inspection no later than 60 days from and including the date of notification on a date and at a time appointed by the Department.]

(2) An applicant shall, on making such a further application, pay to the Department the appropriate fee specified in column (2) of Schedule 1.

Textual Amendments

F5 Reg. 9 sidenote substituted (20.5.2018) by The Taxi Licensing (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/90), regs. 1, 2(2)

F6 Reg. 9(1)(1A) substituted for reg. 9(1) (20.5.2018) by The Taxi Licensing (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/90), regs. 1, 2(2)

Refund of fees N.I.

10.—(1) Any fees paid in pursuance of regulations 3 and 9(2) shall be refunded to the applicant if—

(a) no notification under regulation 4(1) is made or the appointment made is subsequently cancelled by the Department;

(b) the applicant gives to the Department notice cancelling the appointment of not less than one day before the date of the appointment;

(c) the applicant keeps the appointment but the inspection does not take place, or is not completed, for reasons attributable neither to the applicant nor to the vehicle presented for inspection; or

(d) the applicant satisfies the Department that, due to exceptional circumstances occurring not more than 7 days before the date of appointment, the taxi cannot reasonably be presented for inspection on that date and notice is given to the Department, at the centre where the inspection is to be held, within 3 days of those circumstances first arising.

(2) For the purposes of calculating the period of any notice given under this regulation, no period of time shall include any day that is a Saturday, Sunday or public holiday.

(3) In this regulation “exceptional circumstances” mean an accident, fire, a failure in the supply of essential services or other unexpected happening (excluding a breakdown or mechanical defect in a vehicle or non-delivery of spare parts thereof).

Conditions of licence N.I.

11.—(1) The owner of a licensed taxi shall—

(a) not deface or mutilate or permit the defacement or mutilation of the taxi licence;

(b) keep the taxi, its accessories and equipment, in good order and repair, and shall take all practical measures to ensure that all parts of the mechanism, including the brakes, are free from defects and in efficient working order;

(c) if an alteration in design or construction to the taxi has been made since the licence was granted, notify, as soon as reasonably practicable, full particulars of that alteration to the Department;

(d) not permit any person to drive the taxi for hire or reward unless that person is the holder of a taxi driver's licence; and

(e) acquaint any person permitted to drive the taxi for hire or reward with the conditions of the taxi licence issued in respect of it.

(2) The owner or driver of a licensed taxi shall not cause or permit the taxi to stand or wait within such area as the Department may indicate on the licence except to set down a passenger.

Display of plates and signs N.I.

12.—(1) For the purposes of section 15(2) of the Act (identification of licensed vehicles), the manner in which a plate or sign issued under section 15(1) of the Act is exhibited, is specified in paragraphs (2) to (4).

(2) Where the taxi is a Class A or B licensed taxi—

(a) the plates shall be—

(i) fixed to the roof sign in such a way that they can be readily removed without damage to the roof sign, plate or any vehicle component; and

(ii) fixed to the nearside front and nearside rear of the roof sign so that they are not projecting higher, lower or longer than the roof sign; and

(b) the signs shall be fixed to the inside surfaces of the windows of both rear passenger doors and the nearside of the front windscreen with the licence details facing outwards.

(3) Where the taxi is a Class C licensed taxi, the sign shall be fixed to the nearside of the front windscreen with the licence details facing outwards.

(4) Where the taxi is a Class D licensed taxi, the signs shall be fixed to the nearside of the front windscreen and rear window with the licence details facing outwards.

(5) A plate or sign displayed upon a taxi shall not be altered, defaced, mutilated or added to, and shall be kept clean and in such a state that all figures and lettering can be clearly distinguished and are not obscured in any way.

Duplicate licence, plate or sign N.I.

13.  Where the Department is satisfied that a taxi licence, plate or sign has been lost, accidentally defaced or destroyed, it shall issue a new taxi licence, plate or sign on payment of the fee specified in column (2) of Schedule 1.

Change of address of owner N.I.

14.  Where the address of the owner of a licensed taxi changes during the currency of the licence, the particulars of the change shall be notified to the Department within 21 days of the change occurring.