Road Traffic And Vehicles PART 1 Preliminary Citation and commencement 1 These Regulations may be cited as the Taxi Drivers’ Licences Regulations (Northern Ireland) 2014 and shall come into operation on 31 st October 2014. Interpretation 2 In these Regulations— “ the Act ” means the Taxis Act (Northern Ireland) 2008; “the 1996 Regulations ” means the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996 ; “category B vehicle” has the meaning given by regulation 3 of, and Schedule 1 to, the 1996 Regulations; “examiner” in relation to the practical test of driving skills and behaviour, means an officer of the Department appointed to conduct that test; “film clip” means a sequence of visual images displayed electronically; “motor car” has the meaning given by section 23(15) of the Act. PART 2 Taxi driver’s licences Application Fee 3 An application for a taxi driver’s licence shall be accompanied by— a in the case of a first taxi driver’s licence, a fee of £140; or b in the case of a renewal of a taxi driver’s licence, a fee of £105. Grant of a taxi driver’s licence 4 1 Subject to regulation 21 and section 23 of the Act, the Department shall grant a taxi driver’s licence to a person where on application— a for a taxi driver’s licence for the first time, the person satisfies the Department that they have passed a test of competence to drive a taxi; b for the renewal of a taxi driver’s licence— i in the case where on the date of the application it has been 2 years or less since the date of expiry of their previous taxi driver’s licence, the person provides evidence that they have successfully completed the amount of periodic training specified in column (2) of the Table in accordance with the expiry of the licence specified in column (1) of the Table; or ii in the case where on the date of the application it has been more than 2 years since the date of expiry of their previous taxi driver’s licence the person— aa satisfies the Department that they have passed the test of competence to drive a taxi; and bb provides written evidence that they have successfully completed the amount of periodic training specified in column (2) of the Table in accordance with the date of the expiry of the licence specified in column (1) of the Table. 2 In this regulation “periodic training” means attendance at an approved training course delivered by a training provider authorised by the Department for this purpose, for a minimum of 35 hours every 5 years, of which at least 3 ½ hours must be disability awareness training. Table Column (1) taxi driver’s licence expires Column (2) Periodic Training required 1 st September 2015 – 31 st August 2016 Nil 1 st September 2016 – 31 st August 2017 7 Hours 1 st September 2017 – 31 st August 2018 14 Hours 1 st September 2018 – 31 st August 2019 21 Hours 1 st September 2019 – 31 st August 2020 28 Hours 1 st September 2020 onwards 35 Hours (within 5 years immediately preceding the date of application for a taxi driver’s licence) Grant of a duplicate taxi driver’s licence to replace lost, stolen, defaced or destroyed taxi driver’s licence 5 1 If the holder of a taxi driver’s licence satisfies the Department that the taxi driver’s licence has been lost, stolen, accidentally defaced or destroyed, the Department shall grant to them a duplicate taxi driver’s licence for the remainder of the period for which the original was granted, on payment of a fee of £19.00. 2 In the case of the loss or theft of a taxi driver’s licence, if at any time after the issue of a duplicate taxi driver’s licence the original taxi driver’s licence is found, the taxi driver’s licence holder shall return it to the Department or to a police station. Conditions of taxi driver’s licence 6 1 If the holder of a taxi driver’s licence changes their address, they shall communicate particulars of the change to the Department. 2 If the holder of a taxi driver’s licence is convicted of any offence, or is disqualified under Article 35, 40 or 41 of the Road Traffic Offenders (Northern Ireland) Order 1996 from holding or obtaining a driver’s licence to drive a motor vehicle granted under Article 13(1) of the 1981 Order or under any corresponding law in Great Britain they shall communicate immediately in writing particulars of the conviction or disqualification to the Department. 3 The holder of a taxi driver’s licence shall, if requested by the Department, furnish during the currency of the taxi driver’s licence, a medical report, signed by a registered medical practitioner, in such form as the Department may require. PART 3 Tests Nature and order of tests 7 1 The test of competence to drive a taxi shall be in two parts and shall consist of— a a taxi theory test as set out in regulation 8(1) and (2); and b a practical test of driving skills and behaviour “the practical test” as set out in regulation 8(3) and Schedule 1. 2 A person taking a test of competence to drive a taxi must— a pass the taxi theory test before they take the practical test; and b shall not be entitled to apply for an appointment for a practical test until they have been furnished with a valid taxi theory test pass certificate. Content of tests 8 1 The taxi theory test shall consist of— a a test of driving theory as set out in Schedule 2 which shall be conducted by means of data recorded on equipment operating in response to instructions given to the candidate; and b a hazard perception test as set out in paragraph (2) which must be taken immediately following the conclusion of the test of driving theory. 2 The hazard perception test shall— a be conducted by means of the exhibition of film clips that take the perspective of the driver of a taxi and show, at some point during the film clip, one or more hazards to traffic occurring on or near the road; and b require the candidate to indicate during each film clip the moment they observe a hazard relating to traffic on the road using electronic equipment provided for the purpose and capable of recording the exact moment of each response. 3 The practical test shall, in so far as possible, be conducted on both urban roads and on roads of different classes outside of built up areas and a candidate must satisfy the examiner that they have a good knowledge of the principles of good driving and road safety and that they can apply them in practice. 4 The candidate shall, during the practical test, allow to travel in the vehicle the examiner and any person authorised by the Department to attend the test for the purposes of supervising it or otherwise. Passing the tests 9 1 A person shall be treated as having passed the taxi theory test if they satisfy the person conducting the test— a in respect of the test of driving theory, of their knowledge and understanding of specified matters set out in Schedule 2; and b in respect of the test of hazard perception, their performance in the test demonstrates an ability to perceive hazards on the road. 2 A person shall be treated as having passed the practical test if they satisfy the examiner of their ability to drive safely and to comply with the specified requirements set out in Schedule 1. Applications for a taxi theory test 10 1 An applicant wishing to take a taxi theory test shall— a have held a licence to drive a category B vehicle for at least 3 years; b apply for an appointment to the person conducting the test; c provide that person with such details relating to themselves, the licence which they hold, the preferred location of the test, and the nature of the test to be taken as that person may reasonably require; and d pay the fee specified in regulation 11. 2 Upon receipt of such details and such fee the Department shall make arrangements necessary for the taking of the appropriate test. 3 An applicant may have only one appointment at a time. Fee for a taxi theory test 11 The fee payable on application to the Department for a taxi theory test shall be £34.00. Applications for a practical test 12 1 An applicant wishing to take a practical test shall— a have held a licence to drive a category B vehicle for at least 3 years; b apply for an appointment for such a test to the Department; c provide the Department with such details relating to themselves, the licence which they hold, the preferred location of the test, the nature of the test and the vehicle in which the test is to be taken as the Department may reasonably require; and d pay the fee specified in regulation 13. 2 Upon receipt of such details and such fee the Department shall make the arrangements necessary for the taking of the appropriate test. 3 An applicant may have only one appointment at a time. Fee for a practical test 13 The fee payable on application to the Department for a practical test is— a £70.00 where a test commences at any time between 8.30am and 4.30pm during the days Monday to Friday, and: b £109.00 where a test commences at any other time. Cancellation of tests and refund of fees 14 1 For the purposes of cancelling an appointment for— a a practical test, notice must be given to the Department not less than 3 working days before the day for which the appointment is made; b a theory test, notice must be given not less than 3 working days before the day for which the appointment is made. 2 A fee paid in accordance with regulation 11 or 13 shall be repaid if— a no appointment for a test is made or the appointment made is subsequently cancelled by the Department; b notice of cancellation is give in accordance with paragraph (1); c the person for whom the appointment is made keeps the appointment but the test does not take place, or is not completed, for reasons attributable neither to that person nor to the vehicle in which the test was to take place; or d the person for whom the appointment is made satisfies the Department that they cannot, or, as the case may be, could not reasonably be present for testing on the date of the appointment due to exceptional circumstances occurring not more than 7 days before the said date and of which notice is given within 3 working days of the occurrence thereof to the Department. 3 In this regulation “exceptional circumstances” means an accident, a fire, a failure in the supply of essential services or other unexpected happening (excluding a breakdown or mechanical defect in a vehicle or non-delivery of spare parts thereof). Evidence of result of taxi theory test 15 1 A person conducting the taxi theory test shall furnish— a a person who passes the test with a taxi theory test pass certificate in the form set out in Part 1 of Schedule 3; b a person who fails to pass the test with a taxi theory test failure statement in the form set out in of Part 2 of Schedule 3. 2 Where a person who has conducted a taxi theory test is satisfied that a taxi theory test pass certificate or a taxi theory test failure statement has been furnished in error to a person who took a taxi theory test, they shall, upon receipt of that certificate or statement from the person who took the test and subject to paragraph (3), furnish that person with a correct certificate or statement, as the case may be. 3 Where the person who took the taxi theory test alleges that a taxi theory test failure statement has been furnished in error returns the statement not later than 14 days after it was sent to them to the person who conducted the test with a request in writing that the paper be remarked, the person who conducted the test shall comply with that request for the purpose of ascertaining whether an error has been made but subject thereto they shall not be obliged to remark any paper. 4 A taxi theory test pass certificate issued in error may not be presented, in support of an application for a taxi driver’s licence, as evidence that a person has passed the taxi theory test mentioned in such certificate. 5 A taxi theory test pass certificate shall be valid for the purposes of regulation 17(1)(b)(ii) for a period commencing on the date on which the taxi theory test was taken and ending— a 2 years later; or b on the date on which the person to whom the certificate was given is disqualified by order of a court under Article 41 of the Road Traffic Offenders (Northern Ireland) Order 1996 until tested, whichever is the earlier. 6 A taxi theory test pass certificate is invalid if the person to whom it is issued is at that time ineligible, by virtue of a provision contained in the Act or these Regulations, to take the taxi theory test to which the certificate relates. Evidence of result of practical test 16 1 Subject to paragraph (2), the examiner shall furnish— a a person who passes the practical test with a practical test pass certificate in the form set out in Part 3 of Schedule 3; b a person who fails to pass the practical test with a practical test failure statement in the form set out in of Part 4 of Schedule 3. 2 Where the person submitting themselves for the practical test has produced a valid taxi theory test pass certificate in accordance with regulation 17, they shall surrender that certificate to the person conducting the test upon receipt of the practical test pass certificate furnished under paragraph (1)(a). 3 A practical test pass certificate issued under paragraph (1)(a) is invalid if— a the person to whom it is issued is at that time ineligible, by virtue of a provision contained in the Act or these Regulations, to take the test to which the certificate relates; or b at the time when it is issued, the examiner is unaware that the theory test pass certificate produced in accordance with regulation 17(1)(b)(ii) is invalid by virtue of regulation 15(4). Production of a vehicle for practical tests, etc. 17 1 A person submitting themselves for a practical test shall— a provide for the purpose of the test a category B vehicle; b produce to the examiner the following— i an appropriate licence; ii a valid taxi theory test pass certificate; and iii in the case of a person who produces an appropriate licence which does not contain their photograph, a valid passport as evidence of their identity; c sign, on a form produced to them by the examiner, a declaration to the effect that there is in force, in relation to the use of the vehicle provided for the purposes of the test, a policy of insurance which complies with the requirements of Part VIII of the 1981 Order, a road worthiness certificate issued under Article 61 of the Road Traffic (Northern Ireland) Order 1995 and that they have complied with the road duty requirements as set out in the Vehicle Excise and Registration Act 1994 . 2 The vehicle provided in accordance with paragraph (1)(a) shall— a be capable of at least 100km/h; b have a minimum length of 3.96 metres; c have a maximum length of 6 metres; d have a clear view of the road directly behind the vehicle from the front passenger seat; e be fitted with front and rear seats; f have a fully functional and anchored three point seatbelt for the front passenger seat; g have fully functional properly anchored seatbelts for the rear seats; h have an appropriate head restraint for the front passenger seat; and i have a suitable rear view mirror fitted for use by the examiner (a mirror fitted to the sun visor is not acceptable). Further requirements at taxi theory test 18 1 A person submitting themselves for a taxi theory test shall— a before the test commences— i produce to the person conducting the test an appropriate licence; and ii in the case of a person who produces an appropriate licence which does not contain their photograph, produce a valid passport as evidence of their identity; b during the test comply with all reasonable instructions given by the person conducting the test for the purpose of ensuring the proper and orderly conduct of the test. 2 In this regulation and regulation 17 “appropriate licence” means— a a current licence to drive a category B vehicle granted under Article 13(1) of the 1981 Order; b a current licence to drive a category B vehicle granted under the corresponding law in force in Great Britain; or c a current community licence by which a person is authorised to drive a Category B vehicle in Northern Ireland. Refusal to conduct a taxi theory test 19 1 Subject to paragraph (2), where a person submitting themselves for a taxi theory test fails to satisfy the person conducting it that they have complied with any requirement imposed by regulation 18 the test will not proceed. 2 Where a person with special needs has failed to give the person conducting a taxi theory test such notice of those needs (not being less than 15 working days) as they may reasonably require, the test will not proceed. 3 In this regulation “special needs” means a reasonable requirement for special treatment during the test arising by virtue of— a the test not being available in a language which the test candidate understands; b the test candidate having reading difficulties; or c the test candidate being physically disabled. Refusal to conduct a practical test 20 1 Subject to paragraph (2), where a person submitting themselves for a practical test fails to satisfy the examiner that they have complied with any requirement imposed by regulation 17, the examiner must refuse to conduct the test. 2 Where a person who has submitted themselves for a practical test fails to produce a document or an appropriate licence as required under regulation 17 the examiner, if satisfied from other evidence that the document in question exists, may conduct the test. 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). Sealed with the Official Seal of the Department of the Environment on 26 th September 2014 Iain Greenway A senior officer of the Department of the Environment