The Public Service Vehicles (Amendment) Regulations (Northern Ireland) 2016

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Public Service Vehicles (Amendment) Regulations (Northern Ireland) 2016 and shall come into operation on 31^st October 2016.

(2) In these Regulations “the principal Regulations” means the Public Service Vehicles Regulations (Northern Ireland) 1985(1).

Amendment to regulation 3 (interpretation)

2.  In regulation 3(1) of the principal Regulations—

(a) at the beginning insert—

““the Order” means the Road Traffic (Northern Ireland) Order 1981;

“the 1995 Act” means the Disability Discrimination Act 1995(2);

“the 1995 Order” means the Road Traffic (Northern Ireland) Order 1995(3);

“the 1995 Regulations” means the Public Service Vehicles (Conditions of Fitness, Equipment and Use) Regulations (Northern Ireland) 1995(4);

“the 2003 Regulations” means the Public Service Vehicles Accessibility Regulations (Northern Ireland) 2003(5);”;

(b) insert the following new definitions in the appropriate places according to alphabetical order—

““assistance dog” has the same meaning as in section 37A(9) (carrying of assistance dogs in private hire vehicles) of the 1995 Act(6);

“disabled person” has the same meaning as in section 1 (meaning of “disability” and “disabled person”) of the 1995 Act;

“regulated public service vehicle” has the same meaning as in regulation 2(1) (interpretation) of the 2003 Regulations;”;

(c) after the definition of “multi journey ticket” omit the definition of “the Order” and “the 1995 Order”; and

(d) for the definition of “vehicle” substitute—

““vehicle” means a public service vehicle except in Part VI where it means a regulated public service vehicle.”.

Amendment to regulation 47 (conduct of drivers and other persons employed in connection with vehicles)

3.  In regulation 47(4) of the principal Regulations(7)—

(a) at the end of sub-paragraph (a) omit “and”;

(b) at the end of sub-paragraph (b) add “in connection with their travel on the vehicle; and”; and

(c) after sub-paragraph (b) add—

“(c) shall not, subject to regulation 52 (fares and tickets) and there being a suitable space available, prevent an intending passenger who is a disabled person accompanied by an assistance dog, from being allowed to board and travel in the vehicle with that dog.”.

Amendment to regulation 48 (duties of driver)

4.  In regulation 48(1)(a)(i) of the principal Regulations—

(a) for “regulations 18 and 20” substitute “regulations 61 (calculation of maximum seating capacity) and 62 (calculation of maximum standing capacity) of the 1995 Regulations”; and

(b) for “regulation 39(1)” substitute “regulation 59 (markings) of the 1995 Regulations”.

Amendment to regulation 54 (carriage of animals)

5.  In regulation 54 of the principal Regulations, after paragraph (2) add—

“(3) Paragraphs (1) and (2) do not apply where the passenger is a disabled person and the animal is an assistance dog.

(4) A passenger who is a disabled person shall comply with any direction given by a driver to remove his assistance dog from the gangway.”.

New Part VI (the conduct of drivers of regulated public service vehicles with respect to wheelchair users and other disabled persons)

6.  After Part V of the principal Regulations insert Part VI as set out in the Schedule.

Sealed with the Official Seal of the Department for Infrastructure on 20^th September 2016

Elizabeth Loughran

A senior officer of the

Department for Infrastructure