The Taxi Drivers’ Licences Regulations (Northern Ireland) 2014

PART 4 Supplementary

Disabilities

21.—(1) The Department shall not grant a taxi driver’s licence if the applicant suffers from—

(a) any of the disabilities listed in regulation 49(1) of the 1996 Regulations;

(b) impairment of vision, where the applicant—

(i) is unable to satisfy the standards set out in paragraph (2);

(ii) has sight in only one eye, unless—

(aa) in the case of a person who held a taxi driver’s licence on 1^st January 1983 and who also held such a licence on 21^st October 1991 the Department knew of the disability before 1^st January 1991 and the visual acuity in that eye is no worse than 6/12 (decimal 0.5); or

(bb) in the case of the person who did not hold a taxi driver’s licence on 1^st January 1983 but who held a taxi driver’s licence on 21^st October 1991 the Department knew of the disability before 1^st January 1991 and the visual acuity is no worse than 6/9 (decimal 0.67);

(iii) is a person to whom paragraph (3)(c) applies, who—

(aa) is able to meet the relevant standard of visual acuity prescribed in that sub-paragraph only with the aid of corrective lenses; and

(bb) is unable to meet the standard for corrective lenses set out in paragraph (5); or

(iv) suffers from uncontrolled diplopia;

(c) diabetes mellitus unless the applicant—

(i) is being treated with insulin and—

(aa) has undergone treatment with insulin for at least 4 weeks;

(bb) has full awareness of hypoglycaemia;

(cc) has not, during the period of one year immediately preceding the date when the taxi driver’s licence is granted, had an episode of severe hypoglycaemia; and

(dd) satisfies the conditions set out in regulation 51(6B) and (6C) of the 1996 Regulations; or

(ii) is being treated with medication, other than insulin, which carries a risk of introducing hypoglycaemia, and —

(aa) has full awareness of hypoglycaemia;

(bb) has not, during the period of one year immediately preceding the date when the taxi driver’s licence is granted, had an episode of severe hypoglycaemia; and

(cc) satisfies the conditions set out in regulation 51(6B) and (6D) of the 1996 Regulations;

(d) epilepsy unless—

(i) in the case of an applicant whose last epileptic seizure was an isolated seizure they satisfy the conditions in regulation 51(8D) of the 1996 Regulations and who for a period of at least 5 years immediately preceding the date when the taxi driver’s licence is granted—

(aa) has been free from any unprovoked seizure; and

(bb) has not been prescribed medication to treat epilepsy or a seizure; or

(ii) in any other case, the applicant satisfies the conditions set out in regulation 51(8D) of the 1996 Regulations and who, for a period of at least 10 years immediately preceding the date when the taxi driver’s licence is granted has—

(aa) been free from any epileptic seizure; and

(bb) has not been prescribed any medication to treat epilepsy.

(2) The standards to be satisfied for the purposes of paragraph (1)(b)(i) are—

(i) a visual acuity of at least 6/12 (decimal 0.5) and the ability to read in good daylight a registration mark in accordance with Part 1 of Schedule 7 to the 1996 Regulations, in either case with corrective lenses if necessary;

(ii) the additional visual acuity standard in paragraph (3); and

(iii) the visual field standard in paragraph (4).

(3) The additional standard of visual acuity for the purposes of paragraph (2) means—

(a) in the case of the person who held a taxi driver’s licence on 1^st January 1983 and who also held such licence on 21^st October 1991—

(i) the visual acuity (with the aid of corrective lenses if necessary) of at least 6/9 (decimal 0.66) in the better eye or at least 6/12 (decimal 0.5) in the worse eye, or un corrected of at least 3/60 (decimal 0.05) in at least one eye; and

(ii) satisfies the Department that they have adequate recent driving experience and has not during a period of 10 years immediately before the date of the application been involved in any road accident in which their defective eyesight was a contributory factor;

(b) in the case of a person who does not fall within sub-paragraph (a) but who held a licence on 1^st August 1992, the visual acuity (with the aid of corrective lenses if necessary) of at least 6/9 (decimal 0.66) in the better eye or at least 6/12 (decimal 0.5) in the worse eye, or uncorrected acuity of at least 3/60 (decimal 0.05) in at least one eye;

(c) in the case of any other person, a measure of visual acuity (with the aid of corrective lenses if necessary) of at least 6/7.5 (decimal 0.8) in the better eye and at least 6/60 (decimal 0.1) in the worse eye.

(4) The visual field standard for the purposes of paragraph (2) is—

(a) a measurement of at least 160 degrees on the horizontal plane;

(b) an extension of at least 70 degrees left and an extension of at least 70 degrees right;

(c) an extension of at least 30 degrees above and an extension of at least 30 degrees below the horizontal plane;

(d) no defect is present within a radius of the central 30 degrees; and

(e) no other impairment of visual function, including glare sensitivity, contrast sensitivity or impairment of twilight vision.

(5) The corrective lenses standard for the purposes of paragraph (1)(b)(iii)(bb) requires that there is not—

(a) poor toleration of the correction made by the lenses; or

(b) an inability to meet the visual acuity standard in paragraph (3)(c) except with glasses having a power exceeding plus eight dioptres.

(6) In this regulation—

(a) in relation to epilepsy and isolated seizure—

(i) “epilepsy” means the occurrence of two or more unprovoked seizures over a period which exceeds 24 hours and “epileptic seizure” means any such seizure;

(ii) “isolated seizure” means—

(aa) one or more unprovoked seizures occurring during a single period which does not exceed 24 hours; or

(bb) one or more unprovoked seizures occurring over a period which does not exceed 24 hours, where that period of the seizure has occurred more than ten years after the last unprovoked seizure;

(iii) “provoked seizure” means a seizure which has a recognisable causative factor which is reliably avoidable and which is not a medication adjustment seizure; and

(iv) “unprovoked seizure” means a seizure which is not a provoked seizure;

(b) in relation to diabetes “severe hypoglycaemia” has the same meaning as in regulation 50(7) of the 1996 Regulations.

Transitional provisions

22.—(1) A current taxi driver’s licence granted under Article 79A of the 1981 Order shall be treated as a taxi driver’s licence granted under Article 23 of the Act until such times as the licence expires, is suspended, or revoked.

(2) Where a taxi driver’s licence granted under Article 79A of the 1981 Order expires before the operational date of these Regulations and an application for the renewal of that licence has been received but not determined by the operational date, the application shall continue to be determined under that Article of the 1981 Order.

(3) Where a taxi driver’s licence granted under Article 79A of the 1981 Order expires on or after the operational date of these Regulations and an application for the renewal of that licence has been received but not determined by the operational date, the application shall be determined under the provisions of the Act.

(4) Any revocation or suspension of a taxi driver’s licence in force on the operational date of these Regulations shall be regarded as a revocation or suspension of a taxi driver’s licence under section 26(6) of the Act (power to suspend, revoke or curtail licences).