The Road Traffic (Fixed Penalty) (Offences) (Amendment) Order (Northern Ireland) 2016

Statutory Rules of Northern Ireland

2016 No. 181

Road Traffic And Vehicles

The Road Traffic (Fixed Penalty) (Offences) (Amendment) Order (Northern Ireland) 2016

Made

18th March 2016

Coming into operation

31st May 2016

The Department of the Environment makes the following Order in exercise of the powers conferred by Article 57(2) of the Road Traffic Offenders (Northern Ireland) Order 1996(1).

In accordance with Article 91(1) of that Order the Department has consulted with such representative organisations as it thinks fit.

Citation and commencement

1.  This Order may be cited as the Road Traffic (Fixed Penalty) (Offences) (Amendment) Order (Northern Ireland) 2016 and shall come into operation on 31st May 2016.

Amendment of the Road Traffic (Fixed Penalty) (Offences) Order

2.  In Schedule 1 to the Road Traffic (Fixed Penalty) (Offences) Order (Northern Ireland) 1997(2) (fixed penalty offences) after item 50ZC insert—

“50ZD	Section 5	Operating a taxi service for or in respect of the carriage of passengers at separate fares in contravention of section 5(1)(c).
50ZE	Section 12	Using a taxi in standing or plying for hire or reward or to carry passengers for hire or reward except under a taxi licence in force for that taxi.
50ZF	Section 14	Failing to present the taxi for inspection and testing in contravention of section 14(2).
		Failing to notify the Department of required details of a change of taxi ownership within 14 days in contravention of section 14(5)(a).
		Failing to return the taxi licence and the plate, disc, sign or distinguishing mark where there is a change of taxi ownership in contravention of section 14(5)(b).
50ZG	Section 15	Failing to exhibit taxi licence plate, disc, sign or distinguishing mark in or on a taxi in contravention of section 15(2) and regulation 12 of the Taxi Licensing Regulations (Northern Ireland) 2015(3).
50ZH	Section 16	Demanding additional rates, fares or charges or more than the maximum rate, fare or charge fixed in contravention of section 16 and regulations 13 and 14 of the Taxis (Taximeters, Devices and Maximum Fares) Regulations (Northern Ireland) 2015(4).
50ZI	Section 17	Failing to display the prescribed rates, fares and charges in a taxi in contravention of section 17 and regulation 12 of the Taxis (Taximeters, Devices and Maximum Fares) Regulations (Northern Ireland) 2015.
50ZJ	Section 18	Using a taxi in standing or plying for hire or reward or to carry passengers for hire or reward without an approved taximeter and/or device constructed or adapted for the production of receipts in contravention of section 18(1).
		Using a taxi in standing or plying for hire or reward or to carry passengers for hire or reward where taximeter or device becomes defective or a seal on a taximeter is missing or broken in contravention of section 18(6) and regulation 11 of the Taxis (Taximeters, Devices and Maximum Fares) Regulations (Northern Ireland) 2015.
		Using a taxi for hire or reward with more than one taximeter and/or more than one device constructed or adapted for the production of receipts fitted to the taxi in contravention of section 18(2).
		Subject to the exemptions prescribed in regulation 15(2) of the Taxis (Taximeters, Devices and Maximum Fares) Regulations (Northern Ireland) 2015, failing to issue a receipt produced by the device constructed or adapted for the production of receipts to the person who hired the taxi or paid the fare in contravention of section 18(4).
		Unlawfully tampering with a taximeter or device constructed or adapted for the production of receipts in contravention of section 18(8).
		Failure to operate the taximeter in contravention of section 18(6) and regulation 10 of the Taxis (Taximeters, Devices and Maximum Fares) Regulations (Northern Ireland) 2015.
		Causing or permitting a Class C or D licensed taxi to be fitted with a taximeter or device in contravention of section 18(1) and regulation 3(3) of the Taxis (Taximeters, Devices and Maximum Fares) Regulations (Northern Ireland) 2015.
50ZK	Section 19	Carrying a greater number of passengers than that prescribed for the taxi.
50ZL	Section 20	Subject to Article 57(3) of the Road Traffic Offenders (Northern Ireland) Order 1996, causing or permitting the use of a licensed taxi for an unpermitted use, in contravention of section 20 and regulation 8(1) of the Taxi Licensing Regulations (Northern Ireland) 2015.
		Using a Class C taxi without a duly completed journey form in contravention of section 20 and regulation 8(3) of the Taxi Licensing Regulations (Northern Ireland) 2015.
		Using a taxi for hire or reward without the fitment of suitable fire extinguishing apparatus in contravention of section 20 and regulation 23 of the Taxi Licensing Regulations (Northern Ireland) 2015.
		Using a taxi for hire or reward without the fitment of a fully inflated spare tyre, an efficient lifting jack and a wheel brace or similar tool in contravention of section 20 and regulation 24 of the Taxi Licensing Regulations (Northern Ireland) 2015.
		Using a taxi for hire or reward without steps and handrails in contravention of section 20 and regulation 18 of the Taxi Licensing Regulations (Northern Ireland) 2015.
		Using a taxi for hire or reward whilst the bodywork, doors, upholstery and fittings of the taxi are in contravention of section 20 and regulation 20 of the Taxi Licensing Regulations (Northern Ireland) 2015.
		Using a Class B taxi for hire or reward without a wheelchair sign in contravention of section 20 and regulation 26 of the Taxi Licensing Regulations (Northern Ireland) 2015.
		Using a taxi for hire or reward without a roof sign in contravention of section 20 and regulation 25 of the Taxi Licensing Regulations (Northern Ireland) 2015.
		Causing or permitting the display on a Class C taxi of a roof sign or other external markings which advertises the taxi as carrying passengers for hire or reward in contravention of section 20 and regulation 27(3) of the Taxi Licensing Regulations (Northern Ireland) 2015.
		Causing or permitting the display of any wheelchair accessible logo, information or advertisement on the roof sign of a Class A, C or D taxi in contravention of section 20 and regulation 27(4) of the Taxi Licensing Regulations (Northern Ireland) 2015.
		Using a taxi for hire or reward with insufficient baggage space in contravention of section 20 and regulation 22 of the Taxi Licensing Regulations (Northern Ireland) 2015.
50ZM	Section 22	Driving a taxi when it is standing or plying for hire or reward or carrying passengers for hire or reward without a taxi driver licence in contravention of section 22(1).
		Subject to Article 57(3) of the Road Traffic Offenders (Northern Ireland) Order 1996, causing or permitting, by the owner or operator, the driving of the taxi for hire or reward without a taxi driver licence in contravention of section 22(3).
50ZN	Section 24	Failing to wear a taxi driver badge and display all other evidence of identification in such position and manner as to be plainly and distinctly visible in contravention of section 24(3).
50ZO	Section 37	Failure to comply with any requirement imposed by an enforcement notice in contravention of section 37(3).
50ZP	Section 39	Failing to make suitable arrangements for the immediate conveyance of passengers upon being required to do so by an authorised officer or constable in uniform in contravention of section 39(2)(b).
50ZQ	Section 43	Soliciting any person to be carried for hire or reward in a taxi in contravention of section 43(1).
50ZR	Section 44	Altering, with intent to deceive, the plaque affixed by the Department following the taximeter test in contravention of section 44(2)(a).
		Making or possessing, as to be calculated to deceive, a thing closely resembling a taximeter plaque in contravention of section 44(2)(c).”

Sealed with the Official Seal of the Department of the Environment on 18th March 2016

Elizabeth Loughran

A senior officer of the

Department of the Environment

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Schedule 1 to the Road Traffic (Fixed Penalty) (Offences) Order (Northern Ireland) 1997 by specifying additional offences committed under sections 5, 12, 14 to 20, 22, 24, 37, 39, 43 and 44 of the Taxis Act (Northern Ireland) 2008 to be fixed penalty offences for the purposes of the Road Traffic Offenders (Northern Ireland) Order 1996.

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)

S.I. 1996/1320 (N.I. 10)

(2)

S.R. 1997 No. 369; as amended by S.R. 1999 No. 354, S.R. 2007 No. 318, S.R. 2011 Nos. 287 and 379, S.R. 2013 Nos. 5 and 196, S.R. 2014 No. 231 and S.R. 2015 No. 349

(3)

S.R. 2015 No. 393; as amended by S.R. 2016 No. 140

(4)

S.R. 2015 No. 394; as amended by S.R. 2016 No. 148