What are the Taxi Act (Northern Ireland) 2008 regulations?

NI Taxi Driver Licensing: The 2014 Regulations

14/12/2021

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Operating a taxi in Northern Ireland requires strict adherence to a framework of regulations designed to ensure public safety and professional standards. Central to this framework is the Taxis Act (Northern Ireland) 2008, which provides the legislative backbone for taxi operations. Building upon this Act, the Department of the Environment introduced the Statutory Rules of Northern Ireland 2014 No. 239, officially known as The Taxi Drivers’ Licences Regulations (Northern Ireland) 2014. These comprehensive regulations, which came into operation on 31st October 2014, detail the essential requirements for obtaining, maintaining, and renewing a taxi driver's licence, ensuring that only competent and suitable individuals are behind the wheel.

What are the Taxi Act (Northern Ireland) 2008 regulations?
These Regulations make provision for the licensing of taxi drivers under the Taxi Act (Northern Ireland) 2008. Part 1 (regulations 1 and 2) contains the general commencement and interpretation provisions. Part 2 (regulations 3 to 6) contains matters relating to the application for a taxi driver’s licence. In particular:

Understanding these regulations is not merely a bureaucratic exercise; it is fundamental for every aspiring and current taxi driver in Northern Ireland. From the initial application fees and the rigorous multi-stage testing process to ongoing training and specific health requirements, these rules dictate the pathway to a successful career in the taxi industry. This article delves deep into the specifics of the 2014 Regulations, providing clarity on what drivers need to know to remain compliant and professional.

Table

The Foundations: Preliminary Provisions and Definitions

The 2014 Regulations begin by setting out their scope and defining key terms that are used throughout the document. Cited as the Taxi Drivers’ Licences Regulations (Northern Ireland) 2014, they officially commenced on 31st October 2014. Essential definitions include “the Act” referring to the Taxis Act (Northern Ireland) 2008, and “category B vehicle” which aligns with the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996. Terms like “examiner,” “film clip,” and “motor car” are also precisely defined to avoid ambiguity in the application of the rules. These foundational elements ensure that all parties operate from a shared understanding of the legal framework.

Applying for a Taxi Driver’s Licence: Fees and Granting Criteria

The journey to becoming a licensed taxi driver, or renewing an existing licence, involves specific application procedures and associated fees. Regulation 3 outlines the financial commitment required:

  • For a first taxi driver’s licence, the application fee is £140.
  • For the renewal of a taxi driver’s licence, the fee is £105.

Beyond the fee, the granting of a licence, as per Regulation 4, hinges on demonstrating competence and fulfilling ongoing training obligations. For a first-time applicant, the Department must be satisfied that the individual has successfully passed a comprehensive test of competence to drive a taxi. This initial hurdle is critical, establishing a baseline of driving skill and knowledge.

The Importance of Periodic Training

For licence renewals, the requirements vary depending on how long it has been since the previous licence expired. Crucially, the regulations introduce the concept of periodic training. This continuous professional development ensures drivers remain up-to-date with best practices and evolving standards. The rules state that periodic training means attendance at an approved training course, delivered by a Department-authorised provider, for a minimum of 35 hours every 5 years. A significant component of this training, at least 3.5 hours, must be dedicated to disability awareness training.

The regulations specify a phased introduction for periodic training requirements, as outlined in the table below:

Periodic Training Requirements for Taxi Licence Renewal
Taxi Driver’s Licence ExpiresPeriodic Training Required
1st September 2015 – 31st August 2016Nil
1st September 2016 – 31st August 20177 Hours
1st September 2017 – 31st August 201814 Hours
1st September 2018 – 31st August 201921 Hours
1st September 2019 – 31st August 202028 Hours
1st September 2020 onwards35 Hours (within 5 years immediately preceding the date of application)

If a renewal application is made more than two years after the previous licence expired, the applicant must not only complete the required periodic training but also pass the full test of competence to drive a taxi again. This ensures that drivers who have been out of the system for a longer period meet current standards.

Duplicate Licences and Driver Responsibilities

Regulation 5 addresses the unfortunate event of a lost, stolen, defaced, or destroyed taxi driver’s licence. A duplicate licence can be obtained for a fee of £19.00. Should the original licence be found after a duplicate has been issued, it must be returned to the Department or a police station.

Furthermore, Regulation 6 outlines crucial conditions for all licence holders:

  • Any change of address must be communicated to the Department.
  • Convictions for any offence or disqualifications from holding a driver’s licence must be immediately reported in writing to the Department.
  • The Department may request a medical report, signed by a registered medical practitioner, at any point during the licence's validity. This underscores the emphasis on ongoing driver fitness and safety.

The Rigorous Testing Regime: Ensuring Competence

The cornerstone of the licensing process is the test of competence, designed to rigorously assess a driver's skills and knowledge. Regulation 7 specifies that this test is in two parts:

  1. A taxi theory test.
  2. A practical test of driving skills and behaviour.

Crucially, the taxi theory test must be passed before an applicant can even apply for an appointment for the practical test.

The Taxi Theory Test

The theory test, as detailed in Regulation 8, comprises two main components:

  • Driving Theory Test: Conducted via data on electronic equipment, assessing knowledge and understanding of specified matters.
  • Hazard Perception Test: Taken immediately after the driving theory test, this involves electronically displayed film clips from a taxi driver's perspective. Candidates must identify hazards on the road as they occur, demonstrating their ability to perceive potential dangers.

Schedule 2 outlines the subjects covered in the theory test, including: Road procedure, eco driving, and the environment; Traffic signs & signals, vulnerable road users & mechanical knowledge; Health and safety, legal responsibility and safe loading of vehicles; and Customer care, carriage of vulnerable passengers, passenger comfort & safety. Passing the theory test requires demonstrating sufficient knowledge and understanding in the driving theory section and an ability to perceive hazards in the hazard perception test.

The Practical Driving Test

The practical test is designed to assess a candidate's ability to drive safely and apply good driving principles in various real-world scenarios. It is conducted, where possible, on both urban roads and different classes of roads outside built-up areas. An examiner, and potentially other authorised Department personnel, will accompany the candidate.

Schedule 1 details the specific matters assessed during the practical test:

  • Vehicle Safety Checks and Emergency Situations: Candidates answer five “show me/tell me” questions on components like safety systems, tyres, brakes, lights, and how to deal with emergencies such as fires or collisions.
  • Preparation to Drive: Adjusting seats, mirrors, head restraints, seatbelts, and ensuring doors are closed.
  • Technical Control of the Vehicle: Smooth starting, acceleration, speed adjustment for turns, accurate braking (including emergency stops), and performing two specific manoeuvres (e.g., reversing around corners, parking, U-turns).
  • Behaviour in Traffic: Observing road conditions, communicating with other users, reacting to risks, complying with regulations, positioning the vehicle correctly, maintaining distance, changing lanes, passing obstacles, and navigating junctions.
  • Alighting from Vehicle: Taking necessary precautions when leaving the vehicle.
  • Independent Driving: Driving safely and competently without direct instructions from the examiner for a period.
  • Eco-safe Driving (Advisory): Demonstrating fuel-efficient driving, vehicle control, and planning.

Passing the practical test requires satisfying the examiner of one's ability to drive safely and comply with these specified requirements.

Fees and Administration for Tests

Applying for tests also incurs fees:

  • The fee for a taxi theory test is £34.00.
  • The fee for a practical test is £60.00 for tests commencing between 8:30 am and 4:30 pm, Monday to Friday, and £90.00 at any other time.

Applicants for both tests must have held a Category B vehicle licence for at least 3 years and can only have one appointment booked at a time. The Department makes the necessary arrangements upon receipt of details and fees.

Cancellation and Refunds

Regulation 14 outlines the rules for cancelling tests and obtaining refunds. Notice must be given not less than 3 working days before the appointment. Refunds are issued if the Department cancels the appointment, if notice is given correctly, if the test doesn't proceed due to reasons not attributable to the candidate or vehicle, or in cases of "exceptional circumstances" (e.g., accident, fire, essential service failure) with timely notification.

Test Results and Certificates

Upon completion of the tests, candidates receive either a pass certificate or a failure statement (Schedules 3). A taxi theory test pass certificate is valid for two years from the test date, or until the person is disqualified by a court order, whichever is earlier. It's important to note that a certificate issued in error or to an ineligible person is invalid. For the practical test, the theory pass certificate must be surrendered upon receipt of the practical pass certificate.

Vehicle and Document Requirements for Practical Test

For the practical test, candidates must provide a Category B vehicle that meets specific criteria:

  • Capable of at least 100km/h.
  • Minimum length of 3.96 metres, maximum length of 6 metres.
  • Clear view of the road directly behind from the front passenger seat.
  • Fitted with front and rear seats.
  • Fully functional, anchored three-point seatbelt for the front passenger seat, and functional, properly anchored seatbelts for rear seats.
  • Appropriate head restraint for the front passenger seat.
  • Suitable rear view mirror for the examiner (sun visor mirror not acceptable).

Candidates must also produce:

  • An appropriate driving licence (Category B for 3 years).
  • A valid taxi theory test pass certificate.
  • A valid passport as identity evidence if the licence doesn't contain a photograph.
  • A signed declaration confirming valid insurance, a roadworthiness certificate, and compliance with road duty requirements.

Failure to meet these requirements can lead to refusal to conduct the test, although the examiner may proceed if satisfied by other evidence that a required document exists.

Disabilities and Eligibility: A Critical Consideration

Regulation 21 is a crucial section, outlining specific disabilities that can prevent the granting of a taxi driver’s licence. The Department will not grant a licence if an applicant suffers from:

  • Any disabilities listed in regulation 49(1) of the 1996 Regulations.
  • Impairment of Vision: Strict standards apply to visual acuity, visual field, and corrective lenses. For example, specific minimum visual acuity (e.g., 6/12 in one eye, 6/7.5 in the better eye and 6/60 in the worse eye with corrective lenses for new applicants) and field of vision (e.g., 160 degrees horizontal, 70 degrees left/right, 30 degrees above/below) must be met. Uncontrolled diplopia (double vision) also prevents licence issuance.
  • Diabetes Mellitus: If treated with insulin or other medication carrying a risk of hypoglycaemia, applicants must have undergone treatment for at least 4 weeks (for insulin), have full awareness of hypoglycaemia, and have not experienced a severe hypoglycaemic episode in the year prior to application. Specific conditions from the 1996 Regulations must also be satisfied.
  • Epilepsy: Rigorous requirements for seizure-free periods are in place. For an isolated seizure, a minimum of 5 years free from unprovoked seizures and no epilepsy medication is required. In other cases, a period of at least 10 years free from any epileptic seizure and no prescribed medication to treat epilepsy is necessary.

These stringent medical requirements are in place to ensure the safety of passengers and other road users, highlighting the significant responsibility placed on taxi drivers.

Transitional Provisions: Bridging the Old and New

Regulation 22 provides important transitional provisions for existing licence holders. A taxi driver's licence granted under the previous Article 79A of the 1981 Order is treated as valid under the 2008 Act until it expires, is suspended, or revoked. Applications for renewal of licences that expired before the 2014 Regulations' operational date but were pending are determined under the old 1981 Order. However, applications for renewal of licences expiring on or after the operational date are determined under the new provisions of the 2008 Act. Any existing revocations or suspensions remain in force under the new Act.

Conclusion: A Framework for Professionalism

The Taxi Drivers’ Licences Regulations (Northern Ireland) 2014, enacted under the Taxis Act (Northern Ireland) 2008, represent a robust and comprehensive framework for the licensing of taxi drivers. They underscore the Department of the Environment's commitment to ensuring that individuals operating taxis in Northern Ireland meet high standards of competence, professionalism, and health. From the initial financial outlay and the detailed multi-stage testing process to ongoing periodic training and stringent health requirements, these regulations are designed to enhance public safety and maintain the integrity of the taxi industry. For every driver, understanding and adhering to these rules is not just a legal obligation but a cornerstone of their professional practice.

Frequently Asked Questions (FAQs)

What is the primary purpose of the Taxi Drivers’ Licences Regulations (Northern Ireland) 2014?

The primary purpose of these regulations is to establish the comprehensive framework for the licensing of taxi drivers in Northern Ireland, ensuring that all drivers meet specific standards of competence, health, and ongoing training to enhance public safety and professionalism within the industry.

How much does it cost to apply for a new taxi driver's licence in Northern Ireland?

An application for a first taxi driver's licence in Northern Ireland requires a fee of £140. Renewals are £105.

What does the periodic training requirement involve for taxi drivers?

Periodic training requires taxi drivers to complete a minimum of 35 hours of approved training every 5 years, with at least 3.5 hours specifically dedicated to disability awareness training. This ensures ongoing professional development.

What are the two main parts of the test of competence to drive a taxi?

The test of competence consists of two parts: a taxi theory test (which includes driving theory and hazard perception) and a practical test of driving skills and behaviour. The theory test must be passed before the practical test can be taken.

Are there any health conditions that can prevent someone from getting a taxi driver's licence?

Yes, the regulations specify several health conditions, including certain visual impairments, uncontrolled diabetes mellitus (under specific treatment conditions), and epilepsy (unless stringent seizure-free periods and medication conditions are met), that can prevent the granting of a taxi driver's licence to ensure driver and public safety.

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