The Taxis (Taximeters, Devices and Maximum Fares) Regulations (Northern Ireland) 2015

Statutory Rules of Northern Ireland

2015 No. 394

Road Traffic And Vehicles

The Taxis (Taximeters, Devices and Maximum Fares) Regulations (Northern Ireland) 2015

Made

2nd December 2015

Coming into operation in accordance with regulation 1

The Department of the Environment makes the following Regulations in exercise of the powers conferred by sections 16(1), 17(1), 18(1), (4) and (5), 30(1)(e) and (2), 44(3)(f) and 56(2) of the Taxis Act (Northern Ireland) 2008(1).

In accordance with section 16(3) of that Act the Department has taken into consideration recommendations made by the General Consumer Council for Northern Ireland.

Citation and commencement N.I.

1.  These Regulations may be cited as the Taxis (Taximeters, Devices and Maximum Fares) Regulations (Northern Ireland) 2015 and shall come into operation on—

(a) for the purposes of this regulation and regulations 2(1) and 4 on 9^th May 2016; and

(b) for all other purposes on 31^st May 2016.

Commencement Information

I1 Reg. 1 in operation at 9.5.2016, see reg. 1(a)

Interpretation N.I.

2.—(1) In these Regulations—

“the Act” means the Taxis Act (Northern Ireland) 2008;

“checksum” means the unique identifying number for tariff software installed in a taximeter approved by the Department;

“centre” has the same meaning as in regulation 2(1) of the Taxi Licensing Regulations;

“device” means a device constructed or adapted for the production of receipts as referred to in section 18(1)(b) of the Act;

“executive service” has the same meaning as in regulation 2 of the Taxi Operators Licensing Regulations(2);

“maximum fare” means the maximum fare calculated in accordance with regulation 13 and the Schedule;

“public service vehicle” has the same meaning as in Article 2(2) of the 1981 Order;

“seal” means a mechanism or tag attached by the Department to the taximeter for the purpose of securing it to the vehicle or preventing unauthorised adjustment and “sealing” and “sealed” shall be construed accordingly. More than one seal may be applied to each taximeter for these purposes;

“the Taxi Licensing Regulations” means the Taxi Licensing Regulations (Northern Ireland) 2015(3);

“the Taxi Operators Licensing Regulations” means the Taxi Operators Licensing Regulations (Northern Ireland) 2012(4); and

“tour service” has the same meaning as in regulation 2 of the Taxi Operators Licensing Regulations(5).

(2) For the purposes of regulation 9(2), section 39(8) of the Interpretation Act (Northern Ireland) 1954(6) applies with the substitution of “Easter Tuesday” for “Good Friday”.

Commencement Information

I2 Reg. 2(1) in operation at 9.5.2016, see reg. 1(a)

I3 Reg. 2(2) in operation at 31.5.2016, see reg. 1(b)

Taximeters and devices N.I.

3.—(1) A taximeter and device fitted in a taxi and of a type approved by the Department(7) shall be inspected, tested and sealed in accordance with these Regulations.

(2) For the purposes of section 18(1) of the Act, the prescribed exceptions are where a taxi is licensed for use as Class C or D in accordance with regulation 5 of the Taxi Licensing Regulations (classes of use).

(3) The owner or driver of a Class C or D licensed taxi shall not cause or permit the taxi to be fitted with a taximeter or device.

Commencement Information

I4 Reg. 3 in operation at 31.5.2016, see reg. 1(b)

Application N.I.

4.—(1) Any person may apply to the Department for the inspection, testing and sealing of a taximeter and device fitted in a taxi.

(2) F1 ... An application for the inspection, testing and sealing of a taximeter and device shall be made on a form supplied by the Department and shall be accompanied by a fee of [F2 £42.00].

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 4(2) omitted (5.12.2023) by virtue of The Taxis (Taximeters, Devices and Maximum Fares) (Amendment No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/185), regs. 1, 2(2)(a)

F2 Sum in Reg. 4(2) substituted (1.10.2023) by The Taxis (Taximeters, Devices and Maximum Fares) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/127), regs. 1, 2

F3 Reg. 4(3) omitted (5.12.2023) by virtue of The Taxis (Taximeters, Devices and Maximum Fares) (Amendment No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/185), regs. 1, 2(2)(b)

Commencement Information

I5 Reg. 4 in operation at 9.5.2016, see reg. 1(a)

Presentation for inspection, testing and sealing N.I.

5.—(1) On notification by the Department, the taxi [F4 shall] be presented for inspection, testing and sealing of the taximeter and device, by a vehicle examiner, at the time and centre specified in the notice.

(2) A vehicle examiner shall not be obliged to carry out an inspection, testing or sealing of the taximeter and device where—

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

(b) the fee specified in regulation 4(2) has not been paid;

(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 or test of the taximeter and device to be carried out in accordance with these Regulations;

(e) the taximeter and device connected to it are not of a type approved by the Department;

(f) the vehicle is not an approved M1 vehicle or has not previously been licensed as a public service vehicle;

(g) the taximeter and device are not securely attached to the taxi in a suitable position; or

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

(3) In this regulation “approved M1 vehicle” has the same meaning as in regulation 2(1) of the Taxi Licensing Regulations.

Textual Amendments

F4 Word in reg. 5(1) substituted (31.5.2016) by The Taxis (Taximeters, Devices and Maximum Fares) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/148), regs. 1, 2(2)

Commencement Information

I6 Reg. 5 in operation at 31.5.2016, see reg. 1(b)

Taximeter fitting requirements N.I.

6.  A taximeter shall—

(a) be fitted in accordance with the manufacturers instructions;

(b) be capable of being sealed to the taxi;

(c) be attached securely to the taxi so that it cannot, by the vibration of the engine or by the motion of the taxi, become detached or be caused to become inaccurate;

(d) be positioned so as to enable a passenger inside the taxi to easily see and read it;

(e) have all connections between the signal generator and taximeter so protected as to prevent tampering with, or a reduction in the accuracy of, the taximeter;

(f) be calibrated so as not to exceed the maximum fare;

(g) be calibrated in accordance with the checksum; and

(h) be connected to a device capable of automatically printing a receipt containing the details specified in regulation 15(1).

Commencement Information

I7 Reg. 6 in operation at 31.5.2016, see reg. 1(b)

Sealing of taximeter N.I.

7.—(1) Where the Department is satisfied that the taximeter meets the requirements specified in regulation 6, it shall seal the taximeter and affix a taximeter plaque in accordance with regulation 8(1) to the taxi in a readily accessible position on the internal frame of the door aperture.

(2) Where the Department is not satisfied that the requirements specified in regulation 6 are met, a notice of refusal shall be issued to the applicant following the completion of the inspection and test.

(3) A notice issued in accordance with paragraph (2) shall—

(a) list the reasons for refusal to seal the taximeter ; and

(b) advise that the granting of a taxi licence, in accordance with regulation 7 of the Taxi Licensing Regulations (grant of licence), shall not be considered until the taximeter has been sealed by the Department.

(4) Where paragraph (2) applies, a further application for the inspection, testing and sealing of the taximeter may be made in accordance with regulation 4.

(5) The taximeter plaque referred to in paragraph (1) is prescribed for the purposes of section 44(3)(f) of the Act (false statements, forgery and power of seizure in connection with certain documents).

Commencement Information

I8 Reg. 7 in operation at 31.5.2016, see reg. 1(b)

Taximeter plaque N.I.

8.—(1) A taximeter plaque affixed by the Department shall display—

(a) the checksum;

(b) the drive axle tyre size;

(c) the pulses per mile;

(d) the date the taximeter was sealed; and

(e) such other information as the Department sees fit.

(2) Where the taxi or the taximeter does not comply with the details included on the plaque, or the plaque is missing or defaced, no person shall cause or permit the taxi to be used to stand or ply for hire or reward or carry passengers for hire or reward.

(3) In this regulation “pulses per mile” means the number of pulses the taximeter must receive in order to correctly indicate a distance travelled of one mile.

Commencement Information

I9 Reg. 8 in operation at 31.5.2016, see reg. 1(b)

Refund of fees N.I.

9.—(1) Any fees paid in pursuance of regulation 4(2) shall be refunded to the applicant if—

(a) no notification under regulation 5(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 taxi, the taximeter or the device 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 the appointment, the taximeter and the device 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 defect in the vehicle, taximeter or device or non-delivery of spare parts thereof).

Commencement Information

I10 Reg. 9 in operation at 31.5.2016, see reg. 1(b)

Use of taximeter N.I.

10.—(1) Subject to paragraph (2), the driver of a taxi shall commence operation of the taximeter on commencement of the journey and shall cease operation of the taximeter immediately on completion of the journey.

[F5 (2) Paragraph (1) shall not apply where—

(a) the journey the taxi is used to provide is an executive service or a tour service;

(b) the journey the taxi is used to provide is 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; or

(ii) the Education Authority established under the Education Act (Northern Ireland) 2014; or

(c) the passenger is advised by the taxi operator that the distance to be travelled by the taxi without the passenger in fulfilling the booking will exceed the actual distance of the passenger’s journey in the taxi, and in advance of the commencement of the journey—

(i) the passenger waives the right to have the fare calculated by taximeter; and

(ii) the fare for the journey is otherwise agreed.

(2A) Where paragraph (2)(c) applies, the following information shall be recorded in writing and carried in the taxi throughout the period of the journey and a copy of the record offered to the passenger—

(a) confirmation that the passenger has been advised in accordance with paragraph (2)(c);

(b) confirmation that the passenger has waived the right to have the fare calculated by taximeter;

[F6 (c)] the fare agreed for the journey;

[F7 (d)] the name of the person for whom the taxi booking is made;

[F7 (e)] the date of the journey;

[F7 (f)] the time and place of collection;

[F7 (g)] the destination; and

[F7 (h)] the taxi driver’s licence number.]

(3) [F8 When calculated by a taximeter, the fare], demanded by the driver of a taxi or any other person, shall not exceed the amount displayed on the taximeter.

(4) All fares calculated and displayed by a taximeter shall be in pounds and pence sterling only.

(5) The driver of a taxi shall, unless otherwise directed by the person who hired the taxi, proceed by the most practicable direct route to the destination.

(6) The owner or driver of a taxi shall not cause or permit any unnecessary or improper delay in any journey or wilfully deceive any person in respect of the route or destination.

[F9 (7) In this regulation “commencement of the journey” means—

(a) at the specific time and place agreed with the person who hired the taxi; or

(b) where the taxi arrives later than the time agreed with the person who hired the taxi, at the time the taxi arrives.]

Textual Amendments

F5 Reg. 10(2)-(2A) substituted for reg. 10(2) (31.5.2016) by The Taxis (Taximeters, Devices and Maximum Fares) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/148), regs. 1, 2(3)(a)

F6 Reg. 10(2A)(b) renumbered as reg. 10(2A)(c) (29.12.2017) by The Taxis (Taximeters, Devices and Maximum Fares) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/225), regs. 1, 2(2)(a)

F7 Reg. 10(2A)(c)-(g) renumbered as reg. 10(2A)(d)-(h) (29.12.2017) by The Taxis (Taximeters, Devices and Maximum Fares) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/225), regs. 1, 2(2)(b)

F8 Words in reg. 10(3) substituted (31.5.2016) by The Taxis (Taximeters, Devices and Maximum Fares) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/148), regs. 1, 2(3)(b)

F9 Reg. 10(7) substituted (31.5.2016) by The Taxis (Taximeters, Devices and Maximum Fares) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/148), regs. 1, 2(3)(c)

Commencement Information

I11 Reg. 10 in operation at 31.5.2016, see reg. 1(b)

Condition of taximeter and device N.I.

11.—(1)  [F10 Subject to paragraph (3),] where a taximeter or device becomes defective or a seal on a taximeter is missing or broken, whether accidentally or otherwise, the driver of the taxi shall inform the Department and no person shall cause or permit the taxi to be used to stand or ply for hire or reward or carry passengers for hire or reward—

(a) until the defect has been corrected; and

(b) where a seal is missing or broken, until the taximeter has been resealed by the Department.

(2) Where paragraph (1)(b) applies, an application for inspection, testing and sealing of the taximeter shall be made in accordance with regulation 4.

[F11 (3) During the period from and including [F12 5th December 2023 to 31st May 2024] where a taximeter does not have a seal in accordance with regulation 7, for any of the reasons in paragraph (4), the taxi is permitted to be used to stand or ply for hire or reward or carry passengers for hire or reward on the condition that an application for inspection, testing and sealing of the taximeter has been made in accordance with [F13 regulation 4] .

(4) The reasons referred to in paragraph (3) are—

(a) the seal has been broken for the purpose of calibrating the taximeter so as not to exceed the maximum fare rates; [F14 or]

F15 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a new taximeter has been fitted and has not yet been inspected, tested and sealed in accordance with these Regulations.]

Textual Amendments

F10 Words in reg. 11(1) inserted (24.11.2021) by The Taxis (Taximeters, Devices and Maximum Fares) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/305), regs. 1, 2(3)(a)

F11 Reg. 11(3)(4) inserted (24.11.2021) by The Taxis (Taximeters, Devices and Maximum Fares) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/305), regs. 1, 2(3)(b)

F12 Words in reg. 11(3) substituted (5.12.2023) by The Taxis (Taximeters, Devices and Maximum Fares) (Amendment No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/185), regs. 1, 2(3)(a)(i)

F13 Words in reg. 11(3) substituted (5.12.2023) by The Taxis (Taximeters, Devices and Maximum Fares) (Amendment No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/185), regs. 1, 2(3)(a)(ii)

F14 Word in reg. 11(4)(a) inserted (5.12.2023) by The Taxis (Taximeters, Devices and Maximum Fares) (Amendment No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/185), regs. 1, 2(3)(b)(i)

F15 Reg. 11(4)(b) omitted (5.12.2023) by virtue of The Taxis (Taximeters, Devices and Maximum Fares) (Amendment No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/185), regs. 1, 2(3)(b)(ii)

Commencement Information

I12 Reg. 11 in operation at 31.5.2016, see reg. 1(b)

Display of fares N.I.

12.—(1) The owner or driver of a taxi shall exhibit a fares board in a position so as to enable a passenger inside the taxi to easily see and read it.

(2) Paragraph (1) shall not apply where the journey the taxi is used to provide is an executive service or a tour service.

(3) In this regulation “fares board” means the printed sheet, issued by the Department(8) to all taxi drivers, detailing the maximum fare that applies at the time of the journey.

Commencement Information

I13 Reg. 12 in operation at 31.5.2016, see reg. 1(b)

Maximum fare N.I.

13.  The maximum fare, which may be demanded by the driver of a taxi or any other person, in respect of journeys undertaken by a taxi operating a taximeter, shall be calculated in accordance with Part I of the Schedule.

Commencement Information

I14 Reg. 13 in operation at 31.5.2016, see reg. 1(b)

Maximum charges N.I.

14.—(1) The maximum charge, additional to the maximum fare, which may be demanded by the driver of a taxi or any other person, in respect of journeys undertaken by a taxi operating a taximeter, shall be calculated in accordance with paragraph (2).

(2) Where—

(a) a fifth passenger is carried, £1.00 and, for every additional passenger thereafter, £1.00 each;

(b) a road toll, airport entrance or car parking charge is incurred by the driver, the cost of the toll or charge; or

(c) the taxi is soiled by a passenger such that it is necessary to take the taxi out of service for cleaning purposes, the cost incurred to the driver up to a maximum of £75.00.

Commencement Information

I15 Reg. 14 in operation at 31.5.2016, see reg. 1(b)

Receipts N.I.

15.—(1) A receipt issued in accordance with section 18(4) of the Act shall contain—

(a) the date of issue;

(b) the fare;

(c) the pick-up and drop-off times;

(d) the distance travelled in miles;

(e) the registration mark; and

(f) any other charges as specified in regulation 14(2).

(2) The prescribed exceptions for the purposes of section 18(4) of the Act are where a passenger states that a receipt is not required [F16 or where regulation 10(2) applies].

(3) In this regulation, “registration mark” has the same meaning as in section 23(1) of the Vehicle Excise and Registration Act 1994(9).

Textual Amendments

F16 Words in reg. 15(2) inserted (31.5.2016) by The Taxis (Taximeters, Devices and Maximum Fares) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/148), regs. 1, 2(4)

Commencement Information

I16 Reg. 15 in operation at 31.5.2016, see reg. 1(b)

Transitional provisions N.I.

16.—(1) Subject to paragraph (2), where on 31^st May 2016 a taxi is deemed as licensed for use as Class A or B in accordance with regulation 35 of the Taxi Licensing Regulations, any requirement for the taximeter and device to be inspected, tested and sealed in accordance with these Regulations shall not apply until the expiry of the public service vehicle licence referred to in regulation 35(1) of the Taxi Licensing Regulations.

(2) Where the public service vehicle licence referred to in regulation 35(1) of the Taxi Licensing Regulations expires during the period from and including 9^th May 2016 to 31^st May 2016, any requirement for the taximeter and device to be inspected, tested and sealed in accordance with these Regulations shall not apply until 31^st May 2017.

Commencement Information

I17 Reg. 16 in operation at 31.5.2016, see reg. 1(b)

Sealed with the Official Seal of the Department of the Environment on 2^nd December 2015

Elizabeth Loughran

A senior officer of the

Department of the Environment

Regulations 2(1) and 13

[F17 SCHEDULE N.I.

Textual Amendments

F17 Sch. substituted (24.11.2021) by The Taxis (Taximeters, Devices and Maximum Fares) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/305), regs. 1, 2(4), Sch.

[F18 Part 1 N.I. Maximum Fares (amended figures to be supplied)

Textual Amendments

F18 Sch. Pt. 1 substituted (5.12.2023) by The Taxis (Taximeters, Devices and Maximum Fares) (Amendment No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/185), regs. 1, 2(4), Sch. Pt. 1

Column (1) Fare Title	Column (2) Day/Time	Column (3) Calculation of Fare	Column (4) Maximum fare
Rate 1	Monday-Friday 06.00-20.00 except on the specified days listed in Part 2	For the first 791.9 yards or part thereof or for the first 3 minutes and 13 seconds or part thereof. For every subsequent 189 yards or part thereof, or 46 seconds or part thereof.	£3.20
			£0.20
Rate 2	Monday-Thursday 20.00-06.00 except on the specified days listed in Part 2	For the first 800.5 yards or part thereof or for the first 3 minutes and 14 seconds or part thereof. For every subsequent 173.3 yards or part thereof, or 42 seconds or part thereof.	£4.00
			£0.20
Rate 3	Friday 20.00-Monday 06.00 and all day on the specified days listed in Part 2 (20.00 on the preceding day to 06.00 on the following day)	For the first 810 yards or part thereof or for the first 3 minutes and 16 seconds or part thereof. For every subsequent 173.3 yards or part thereof, or 42 seconds or part thereof.	£5.00
			£0.20
Rate 4	Notwithstanding the provisions in Column (2) of Rates 1 to 3, 24th December 14.00-27th December 06.00 and 31st December 20.00-1st January 24.00	For the first 822.1 yards or part thereof or for the first 2 minutes and 58 seconds or part thereof. For every subsequent 97.1 yards or part thereof, or 21 seconds or part thereof.	£5.80
			£0.20]

PART 2 N.I. Specified Days

Specified days – subject to amendment by Royal Proclamation
St Patrick’s Day
Good Friday
Easter Monday
May Day
Spring Bank Holiday
12th July
Summer Bank Holiday
A day designated as a Bank Holiday by Royal Proclamation ]

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision under the Taxis Act (Northern Ireland) 2008 (2008 c.4 (N.I.)) for the inspection, testing and sealing of approved taximeters and devices and prescribe the fee payable. The Regulations replace the existing taximeter requirement in the Public Service (Conditions of Fitness, Equipment and Use) Regulations (Northern Ireland) 1995.

The Regulations set out a new maximum fare, provide for the display of fares and specify the maximum charges which may be added to the fare in respect of a fifth and every additional passenger, a road toll, airport entrance or car parking charge. Where a taxi is soiled by a passenger the cost incurred for cleaning, up to a maximum of £75.00, may be charged.

In addition, the Regulations prescribe the information to be contained on receipts and set out the transitional provisions which apply in relation to public service vehicle licences.

The Department will publish, no later than 3^rd February 2016, and subsequently maintain a list of approved taximeters and devices on the nidirect website at www.nidirect.gov.uk. The Driver and Vehicle Agency will on request provide copies of the list to interested parties.

An Explanatory Memorandum and a Regulatory Impact Assessment have been produced and are available from the Road Safety Division, Department of the Environment, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or may be accessed via the Office of Public Sector Information website at www.opsi.gov.uk

(1)

2008 c.4 (N.I.); section 56(2) was amended by paragraph 92 of Schedule 14 to S.I. 2010/976

(2)

The definition of “executive service” is inserted by regulation 2(2) of S.R. 2015 No. 395

(3)

S.R. 2015 No. 393

(4)

S.R. 2012 No.316; the relevant amending regulations are S.R. 2015 No. 395

(5)

The definition of “tour service” is inserted by regulation 2(2) of S.R. 2015 No. 395

(6)

1954 c.33 (N.I.)

(7)

The Department will publish and maintain a list of approved taximeters, including checksums, and devices on the nidirect website at www.nidirect.gov.uk

(8)

The Department will also publish the fares board on the nidirect website at www.nidirect.go.uk

(9)

1994 c.22