Statutory Rules of Northern Ireland
2004 No. 413
ROAD TRAFFIC AND VEHICLES
Public Service Vehicles (Amendment) Regulations (Northern Ireland) 2004
Made
29th September 2004
Coming into operation
1st November 2004
The Department of the Environment, in exercise of the powers conferred on it by Articles 60(3), 61(1), 66(1) and 218(1) of the Road Traffic (Northern Ireland) Order 1981(1) and section 45(f) of the Transport Act (Northern Ireland) 1967(2) and of every other power enabling it in that behalf, and with the approval of the Department of Finance and Personnel(3) as regards regulation 10, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Public Service Vehicles (Amendment) Regulations (Northern Ireland) 2004 and shall come into operation on 1st November 2004.
(2) In these Regulations “the principal Regulations” means the Public Service Vehicles Regulations (Northern Ireland) 1985(4).
Amendment to regulation 3 (interpretation)
2. In paragraph (1) of regulation 3 of the principal Regulations, after the definition of “taxi” there shall be inserted –
““taxi bus” means a taxi licensed for private hire which operates a service under a road service licence granted under Part II of the Transport Act (Northern Ireland) 1967;”.
Amendment to regulation 6 (inspection of vehicle and grant of a licence)
3. In paragraphs (1) and (2)(b) of regulation 6 of the principal Regulations, for the words “licence or disc” there shall be substituted the words “licence, disc or plates”.
Amendment of regulation 7 (licence and disc)
4. For regulation 7 of the principal Regulations there shall be substituted –
“Licence, disc and plates
7.—(1) A licence shall be in the form specified in Schedule 4 or 5.
(2) At the time when the licence is granted the Department shall, in the case of a bus, issue a disc and, in the case of a taxi or taxi bus, issue plates.
(3) The disc referred to in paragraph (2) shall contain –
(a)the date on which the licence expires;
(b)the registration mark of the vehicle for which it has been issued;
(c)the seating capacity of the vehicle for which it has been issued;
(d)the standing capacity of the vehicle for which it has been issued;
(e)the name of the licence holder; and
(f)the identifying symbol shown in Schedule 9.
(4) The disc referred to in paragraph (2) shall be fitted to the vehicle in a conspicuous position on the inside surface of the nearside windscreen.
(5) The disc referred to in paragraph (2) and the plates referred to in paragraphs (6) to (8) are prescribed for the purposes of Article 60(3) of the Order.
(6) The plates for a taxi (not being a taxi bus) –
(a)licensed for public hire and used for that purpose within the City of Belfast shall be in the form specified in Part I of Schedule 10;
(b)licensed for public hire and used for that purpose outside the City of Belfast shall be in the form specified in Part II of Schedule 10;
(c)licensed for private hire and not being used for the purposes of a wedding or a funeral shall be in the form specified in Part III of Schedule 10.
(7) The plates for a taxi bus shall be in the form specified in Part IV of Schedule 10.
(8) The plate for a taxi licensed for private hire, not being a taxi bus, and which is used solely for the purposes of a wedding or a funeral shall be in the form specified in Part V of Schedule 10 and shall be displayed in a position where it can be seen by the passengers.
(9) The external plates specified in Schedule 10 shall be mounted squarely and affixed as close as possible to the extreme front and rear of the vehicle and fitted so that no part of a plate or its mounting is liable to cause damage or injury to any person. When affixed, the information on the plates shall be clearly visible when viewed from the front or rear of the vehicle.
(10) The internal windscreen plates specified in Schedule 10 shall be affixed to the inside of the windscreen in a prominent position with the photo luminescent side facing outwards.
(11) The rear passenger side window labels specified in Schedule 10 shall be affixed to the inside surface of the rear passenger door windows with the licence details facing outwards.”.
Amendment to regulation 12 (duplicate licence or disc)
5. For regulation 12 of the principal Regulations there shall be substituted –
“Duplicate licence, disc or plates
12.—(1) If the licensee satisfies the Department that the licence, disc or plates have been lost, or accidentally defaced or destroyed, the Department shall issue to him a duplicate licence, disc or plate so marked. The fee for a duplicate licence shall be as prescribed in paragraph 5 of Schedule 7.
(2) An application for a duplicate licence, disc or plate shall be on a form issued by the Department.
(3) In the case of the loss of a licence, disc or plate, if after the issue of a duplicate licence, disc or plate the original is found, the owner shall take all reasonable steps to obtain it and return it to the Department or to a police station.”.
Amendment to regulation 13 (conditions of licence)
6.—(1) Regulation 13 of the principal Regulations shall be amended in accordance with paragraphs (2) and (3).
(2) In sub-paragraphs (f) and (h) for the words “centre nearest to the place where the vehicle is normally kept” there shall be substituted “Department”.
(3) For sub-paragraphs (k) and (l) there shall be substituted –
“(k)shall, on the sale or other change of ownership of a vehicle –
(i)forward the licence and, in the case of a bus, the disc in respect of it together with the name and address of the transferee to the Department,
(ii)in the case of a taxi or taxi bus also forward to the Department the plates referred to in regulation 7;
(l)shall, on the expiry of a licence for a taxi (including a taxi bus), forward to the Department the plates referred to in regulation 7; and
(m)shall not remove or tamper with any seal affixed to a taximeter.”.
Amendment to regulation 14 (alteration of licence or disc)
7. For regulation 14 of the principal Regulations there shall be substituted –
“Alteration of licence, disc or plate
14.—(1) A person shall not –
(a)either by writing, drawing or in any other manner, alter, deface, mutilate or add anything to a licence, disc or plate; or
(b)display upon a vehicle any disc or plate which has been altered, defaced, mutilated or added to or upon which the figures or particulars have become illegible by fading or otherwise.
(2) Any licence, disc or plate altered, defaced, mutilated or added to shall be void.”.
Amendment to regulation 16 (change of address of licensee)
8. In regulation 16 of the principal Regulations, for the words “centre nearest to his new address” there shall be substituted “Department”.
Amendment to regulation 17 (revocation or suspension of licence)
9. In paragraphs (2)(b) and (3)(a) of regulation 17 of the principal Regulations, for the words “licence and disc” there shall be substituted “licence, and in the case of a bus, the disc and in the case of a taxi or taxi bus, the plates”.
Amendment to Schedule 7 (fees for vehicle licences)
10. In paragraphs 1(b) and 2(b) of Schedule 7 to the principal Regulations, for the amount of £61.50 there shall be substituted £120.00.
New Schedule 10 (plates)
11. After Schedule 9 to the principal Regulations there shall be inserted the Schedule as set out in the Schedule to these Regulations.
Sealed with the Official Seal of the Department of the Environment on 29th September 2004.
L.S.
Wesley Shannon
A senior officer of the
Department of the Environment
The Department of Finance and Personnel hereby approves regulation 10.
Sealed with the Official Seal of the Department of Finance and Personnel on 29th September 2004.
L.S.
Michael Brennan
A senior officer of the
Department of Finance and Personnel
Regulation 11.
SCHEDULE
Regulation 7(6) to (11)
“SCHEDULE 10Plates for taxi and taxi bus
PART IPLATE ILLUSTRATIONS – BELFAST PUBLIC HIRE
PART IIPLATE ILLUSTRATIONS – PUBLIC HIRE OUTSIDE BELFAST
PART IIIPLATE ILLUSTRATIONS – PRIVATE HIRE
PART IVPLATE ILLUSTRATIONS – TAXI BUS
PART VPLATE ILLUSTRATION – WEDDING AND FUNERAL CARS
”
Explanatory Note
(This note is not part of the Regulations.)
These Regulations amend the Public Service Vehicles Regulations (Northern Ireland) 1985 (S.R. 1985 No. 123). The principal amendments are as follows:
1. Regulation 3 is amended to include the definition for “taxi bus” as a taxi licensed for private hire which operates a service under a road service licence granted under Part II of the Transport Act (Northern Ireland) 1967.
2. Regulation 6 is amended to require plates to be presented at the time of testing.
3. Regulation 7 removes the need for taxis to display a disc and prescribes the form of plates to be displayed on a taxi or taxi bus.
4. Regulation 12 is amended to provide for the application for duplicate plates.
5. Regulation 13 is amended so that –
(a)information to be submitted as a condition of the licence is forwarded to the Department instead of the nearest vehicle inspection centre; and
(b)on the change of ownership of, or the expiry of a licence for, a taxi or taxi bus, plates shall be returned to the Department.
6. Regulation 14 is amended in that a person may not deface or alter a plate and not display any plate which has been defaced, altered or has become illegible.
7. Regulation 16 is amended so that if the address of the licensee changes during the currency of his licence he shall forward details of the change to the Department.
8. Regulation 17 is amended to require plates to be delivered to the Department on the revocation or suspension of a licence, or removed upon the issue of a notice of prohibition.
9. Schedule 7 is amended by increasing the fee payable with the initial application and with a re-application for a licence for a taxi from £61.50 to £120.00.
10. A new Schedule 10 is inserted which specifies the details to be inserted on plates; the size, colour and material composition of the plates, and where they are to be located on the vehicle.
These Regulations have been notified to the European Commission pursuant to Directive 98/34/EC of 22nd June 1998 (O.J. No. L204, 21.7.98, p. 37) as amended by European Parliament and Council Directive 98/48/EC of 20th July 1998 (O.J. No. L217, 5.8.98, p. 18) laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services.
S.I. 1981/154 (N.I. 1); see Article 2(2) for the definition of “Department” and “prescribed”
Formerly the Department of Finance. See S.I. 1982/338 (N.I. 6), Article 3
S.R. 1985 No. 123; relevant amending Regulations are S.R. 1990 No. 201, S.R. 1994 No. 225, S.R. 1995 No. 446, S.R. 1998 No. 76, S.R. 2000 Nos. 149 and 328, S.R. 2001 Nos. 244 and 366 and S.R. 2003 Nos. 40 and 99 Regulation 6 was substituted by S.R. 2000 No. 149, regulation 4 and amended by S.R. 2000 No. 328, S.R. 2001 No. 366 and S.R. 2003 No. 40 Regulation 7 was amended by S.R. 1995 No. 446, regulation 2(3) and S.R. 2001 No. 366, regulation 4