The Taxis (Taximeters, Devices and Maximum Fares) (Amendment) Regulations (Northern Ireland) 2016

Statutory Rules of Northern Ireland

2016 No. 148

Road Traffic And Vehicles

The Taxis (Taximeters, Devices and Maximum Fares) (Amendment) Regulations (Northern Ireland) 2016

Made

11th March 2016

Coming into operation

31st May 2016

The Department of the Environment makes the following Regulations in exercise of the powers conferred by sections 16(1) and 18(4) and (5) 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

1.  These Regulations may be cited as the Taxis (Taximeters, Devices and Maximum Fares) (Amendment) Regulations (Northern Ireland) 2016 and shall come into operation on 31^st May 2016.

Amendment of the Taxis (Taximeters, Devices and Maximum Fares) Regulations

2.—(1) The Taxis (Taximeters, Devices and Maximum Fares) Regulations (Northern Ireland) 2015(2) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 5(1) (presentation for inspection, testing and sealing) for “should” substitute “shall”.

(3) In regulation 10 (use of taximeter)—

(a) for paragraph (2) substitute—

“(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(3); or

(ii) the Education Authority established under the Education Act (Northern Ireland) 2014(4); 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;

(b) the fare agreed for the journey;

(c) the name of the person for whom the taxi booking is made;

(d) the date of the journey;

(e) the time and place of collection;

(f) the destination; and

(g) the taxi driver’s licence number.”;

(b) in paragraph (3), for “The fare” substitute “When calculated by a taximeter, the fare”; and

(c) for paragraph (7) substitute—

“(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.”.

(4) In regulation 15(2) (receipts) after “is not required” insert “or where regulation 10(2) applies”.

(5) For Schedule 1 substitute the Schedule set out in the Schedule to these Regulations.

Sealed with the Official Seal of the Department of the Environment on 11^th March 2016

Elizabeth Loughran

A senior officer of the

Department of the Environment

Regulation 2(5)

SCHEDULE

Regulations 2(1) and 13

“SCHEDULE

PART 1 Maximum Fares

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 880 yards or part thereof or for the first 4 minutes and 46 seconds or part thereof. For every subsequent 224 yards or part thereof, or 54 seconds or part thereof.	£3.00
			£0.20
Rate 2	Monday-Thursday 20.00-06.00 except on the specified days listed in Part 2	For the first 880 yards or part thereof or for the first 4 minutes and 46 seconds or part thereof. For every subsequent 224 yards or part thereof, or 54 seconds or part thereof.	£3.40
			£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 880 yards or part thereof or for the first 4 minutes and 46 seconds or part thereof. For every subsequent 224 yards or part thereof, or 54 seconds or part thereof.	£4.20
			£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 880 yards or part thereof or for the first 1 minute and 35 seconds or part thereof. For every subsequent 125.7 yards or part thereof, or 27 seconds or part thereof.	£4.80
			£0.20

PART 2 Specified Days

Specified days
St Patrick’s Day
Good Friday
Easter Monday
May Day
Spring Bank Holiday
12th July
Summer Bank Holiday.”

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Taxis (Taximeters, Devices and Maximum Fares) Regulations (Northern Ireland) 2015.

They provide an exemption from the use of a taximeter to calculate a fare where 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 distance of the passenger’s journey. In these circumstances, the passenger may agree to waive their right to have the fare calculated by taximeter and otherwise agree the fare for the journey in advance of its commencement. The Regulations also specify the information to be recorded by the taxi operator in connection with such a journey.

In addition, the Regulations add a new maximum fare rate for the Christmas and New Year period, amend the calculation of fares to increase the charge for waiting time and contain minor and consequential amendments.

An Explanatory Memorandum has been produced and is available from Road Safety and Vehicle Regulation Division, Department of the Environment, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or online at http://www.legislation.gov.uk/nisr.

(1)

2008 c.4 (N.I.)

(2)

S.R. 2015 No. 394

(3)

2009 c.1 (N.I.)

(4)

2014 c.12 (N.I.)