SCHEDULES
I3I4I6SCHEDULE 1ENTRIES TO BE INSERTED IN PART 1 OF SCHEDULE 1 TO THE ROAD TRAFFIC OFFENDERS (NORTHERN IRELAND) ORDER 1996 IN RESPECT OF OFFENCES UNDER THIS ACT
Sch. 1 in operation at 31.10.2014 for specified purposes by S.R. 2014/238, art. 2(2), Sch. Pt. 2
Sch. 1 in operation at 31.5.2016 for specified purposes by S.R. 2015/389, art. 2(3), Sch. Pt. 3
(1) | (2) | (3) | (4) | (5) | (6) | (7) |
|---|---|---|---|---|---|---|
Provision creating offence | General nature of offence | Mode of Prosecution | Punishment | Disqualification | Endorsement | Penalty Points |
Offences under the Taxis Act (Northern Ireland) 2008 | ||||||
Section 1(3) | Operating a taxi service without an operator's licence | Summarily | Level 5 on the standard scale | |||
Section 3(5) | Knowingly keeping or making false records etc. | Summarily | Level 3 on the standard scale | |||
Section 3(10) | Operating a taxi service in respect of unlicensed taxi or in respect of taxi driven by unlicensed driver | Summarily | Level 5 on the standard scale | |||
Section 3(11) | Contravention of other operator's duties | Summarily | Level 3 on the standard scale | |||
Section 4(2) | Sub-contracting work to a non-licensed operator | Summarily | Level 3 on the standard scale | |||
Section 5(2) | Contravention of provisions of or made under Chapter 2 | Summarily | Level 3 on the standard scale | |||
Section 12(2) and (3) | Using, or permitting a taxi to be used, without a taxi licence | Summarily | Level 5 on the standard scale | |||
Section 14(6) | Contravention of taxi owner's duties | Summarily | Level 3 on the standard scale | |||
Section 15(3) and (4) | Contravention of requirement to exhibit taxi plates etc. | Summarily | Level 3 on the standard scale | |||
Section 16(4) | Contravention of regulations relating to regulation of fares | Summarily | Level 3 on the standard scale | |||
Section 17(4) | Failure to display fares or contravention of regulations to secure publication of fares | Summarily | Level 3 on the standard scale | |||
Section 18(6) | Contravention of provisions relating to taximeters | Summarily | Level 3 on the standard scale | |||
Section 18(8) | Unlawful tampering with a taximeter | Summarily | Level 3 on the standard scale | |||
Section 19(2) | Carrying more than the prescribed number of passengers | Summarily | Level 3 on the standard scale | |||
Section 20(3) | Contravention of regulations concerning taxis or use of taxis | Summarily | Level 3 on the standard scale | |||
Section 22(2) | Driving a taxi without a taxi driver's licence | Summarily | Level 5 on the standard scale | Discretionary if committed by driving a taxi where no licence authorising the driving of that vehicle could have been granted | Obligatory if committed as described in column 5 | 3–6 |
Section 22(3) | Operating a taxi service driven by a taxi driver without a taxi driver's licence or owning a taxi being driven by a taxi driver without a taxi driver's licence | Summarily | Level 5 on the standard scale | |||
Section 22(5) | Driving a taxi without a taxi driver's licence for that class of taxi | Summarily | Level 3 on the standard scale | |||
Section 22(6) | Operating a taxi service driven by a taxi driver without a taxi driver's licence for that class of taxi or owning a taxi driven by a taxi driver without a taxi driver's licence for that class of taxi | Summarily | Level 3 on the standard scale | |||
Section 24(5) | Failure to wear a taxi driver's badge or display other identification | Summarily | Level 3 on the standard scale | |||
Section 31(5) | Failure to produce documents etc. | Summarily | Level 3 on the standard scale | |||
Section 32(6) | Failure to comply with requirement or direction to return licence, plate, etc. or badge | Summarily | Level 3 on the standard scale | |||
Section 37(3) | Failure to comply with an enforcement notice | Summarily | Level 3 on the standard scale | |||
Section 39(3) | Failure to make alternative arrangements for conveyance of passengers | Summarily | Level 3 on the standard scale | |||
Section 43(1) | Soliciting any person to be carried in a taxi | Summarily | Level 3 on the standard scale | |||
Section 44(1) | Knowingly etc. to make false statement or furnish false information | Summarily | Level 5 on the standard scale | |||
Section 44(2) | Forging, possessing, documents, etc. with intent to deceive | Summarily | Level 5 on the standard scale | |||
Section 45(1) | Obstruction of constable or authorised officer | Summarily | Level 3 on the standard scale | |||
Section 45(2) | Failure to comply with requirement of constable or authorised officer or failure to give a constable or authorised officer assistance or information | Summarily | Level 3 on the standard scale | |||
Section 45(3) | Knowingly to make a false statement to authorised officer or constable | Summarily | Level 5 on the standard scale | |||
SCHEDULE 2MINOR AND CONSEQUENTIAL AMENDMENTS
The Road Traffic (Northern Ireland) Order 1981 (NI 1)
1
In Article 2(2) (interpretation), in the definition of “the Road Traffic Orders”—
a
omit “and”; and
b
after “2007” add “
and the Taxis Act (Northern Ireland) 2008
”
.
I72
In Article 66A(1)
(car-sharing arrangements), after “public service vehicle” insert “
or taxi (within the meaning of the Taxis Act (Northern Ireland) 2008)
”
.
The Disability Discrimination Act 1995 (c. 50)
3
In section 32(5) (taxi accessibility regulations), for the definition of “taxi” substitute—
“taxi” means a taxi within the meaning of the Taxis Act (Northern Ireland) 2008 which is licensed under section 13 of that Act for use in standing or plying for hire or reward or to carry passengers for hire or reward.
4
In section 34 (new licences conditional on compliance with accessibility taxi regulations)—
a
for subsection (1) substitute—
1
The Department of the Environment shall not grant a taxi licence under section 13 of the Taxis Act (Northern Ireland) 2008 for a taxi unless the vehicle conforms with those provisions of the taxi accessibility regulations with which it will be required to conform if licensed.
b
in subsection (2) after “such a licence” insert “
or a public service vehicle licence granted under Article 61 of the Road Traffic (Northern Ireland) Order 1981
”
.
I85
In section 37A (carrying of assistance dogs in private hire vehicles)—
a
for “private hire vehicle”, each place it occurs, substitute “
taxi
”
;
b
in subsection (9)—
i
for the definition of “driver” substitute
“driver” means a person who holds a taxi driver's licence granted under—
a
Article 79A of the Road Traffic (Northern Ireland) Order 1981; or
b
section 23 of the Taxis Act (Northern Ireland) 2008;
ii
after the definition of “assistance dog” insert—
“booking” means a taxi booking within the meaning given by section 57(1) of the Taxis Act (Northern Ireland) 2008;
iii
for the definition of “operator” substitute—
“operator” means a person who holds an operator's licence granted under section 2 of the Taxis Act (Northern Ireland) 2008;
The Road Traffic (Northern Ireland) Order 1995 (NI 18)
I16
In Article 2(2) (general interpretation)—
a
in the definition of “the Road Traffic Orders”—
i
omit“and”; and
ii
after “2007” add “
and the Taxis Act (Northern Ireland) 2008
”
;
I9b
after the definition of “statutory provision”, insert—
“taxi” has the same meaning as in the Taxis Act (Northern Ireland) 2008;
7
In Article 17 (power to administer preliminary tests) in paragraph (8)(b)—
a
at the end of sub-paragraph (iii) omit“or”; and
b
at the end of sub-paragraph (iv) add
or
v
any provision of the Taxis Act (Northern Ireland) 2008.
I108
In Article 63(3) (obligatory test certificates), for sub-paragraph (b) substitute—
b
a taxi; or
I119
In Article 76 (inspection of public passenger vehicles and goods vehicles) in paragraph (6), after sub-paragraph (a) insert—
aa
taxis;
I1210
In Article 78(1)
(prohibitions conditional on inspection, etc.), after “not so adapted” insert “
or is a taxi
”
.
The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10)
11
In Article 2(2) (general interpretation), in the definition of “the Road Traffic Orders”—
a
omit“and”; and
b
after “2007” add “
and the Taxis Act (Northern Ireland) 2008
”
.
The Road Traffic Regulation (Northern Ireland) Order 1997 (NI 2)
12
In Article 2(2) (interpretation) in the definition of “the Road Traffic Orders”—
a
omit“and”; an
b
after “2007” add “
and the Taxis Act (Northern Ireland) 2008
”
.
The Traffic Management (Northern Ireland) Order 2005 (NI 14)
I213
In Schedule 1 (contraventions subject to penalty charges)—
a
after the paragraph beginning “An offence under Article 19(1) or (3)” insert—
An offence under Article 27A(2).
I13b
for the paragraph beginning “An offence under any statutory provision” substitute—
An offence under any statutory provision of contravening—
a
a prohibition or restriction on the use of a stand or starting place for taxis or taxis of a particular description by a vehicle which is not a taxi or not a taxi of that description; or
b
a prohibition or restriction on a taxi or a taxi of a particular description from standing or plying for hire or reward within a prescribed distance of a stand or starting place for taxis.
(For the purposes of this paragraph “taxi” has the meaning given by section 57(1) of the Taxis Act (Northern Ireland) 2008).
I5SCHEDULE 3REPEALS
Sch. 3 in operation at 31.10.2014 for specified purposes by S.R. 2014/238, art. 2(2), Sch. Pt. 2
Short Title | Extent of repeal |
|---|---|
The Road Traffic (Northern Ireland) Order 1981 (NI 1). | Article 79A. |
The Road Traffic (Amendment)(Northern Ireland) Order 1991 (NI 3). | Article 6 In Schedule 3, Part 2. |
The Disability Discrimination Act 1995 (c. 50). | In Schedule 8, paragraphs 16(2) and 21A(2). |
The Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10). | In Part 1 of Schedule 1, the entry relating to Article 79A of the 1981 Order. |
Sch. 1 in operation at 1.9.2012 for specified purposes by S.R. 2012/313, art. 2(2), Sch. Pt. 2