Irish Taxi

Roy December 15th, 2009

A Delegation of Forum Members met with the Commission for Taxi regulation recently, I’m using this page to publish the minutes of that meeting, the subsequent E-mail sent to the Commission on foot of that meeting  and their response to that E-mail.

The Forum discussion about the meeting is Here

Minutes of the Meeting:

The meeting, which was extended over a lengthy period, was highly productive. The Commission is currently working on it’s five year strategic plan and invited us to make a formal submission to the process.

Topics of discussion varied in complexity and written clarification is required on a number of issues. In seeking such clarification we will include a copy of the summary below and invite the Commission’s agreement with statements contained therein.

Licence Fees.
All vehicle licence fees are likely to be reviewed in the latter half of 2010.

WAT Specifications.
Concern was raised with the ambiguous nature of the following statement from “National Vehicle Standards Requirements November 2007”:

“In the long term an ECWVTA certificate of conformity, category M1 (special purpose) wheelchair accessible vehicle is desired. However to accommodate the transition period vehicles with alternative approval certificates shall be considered.”

The Commission is to clarify the applicable technical specifications and provide details of research it has conducted on suitable models.

WAT Provision.
The Commission has set no target date, interim targets or failure standards relevant to it’s stated objective that 10% of the fleet should be WATs.

Licence Transfer.
The Commission is to clarify a number of legal points/definitions including what property rights are attached to a taxi plate licence. Arrangements will be made to facilitate transfer on death i.e. transfer to the executor of a will won’t serve to prevent further transfer under the one more transfer rule.

9 and 3 Year Rules.
When asked to justify fast tracking the 9 year rule the Commission identified reduced values of second hand vehicles and it’s overall desire to improve standards.

The Commission conceded that the 3 year rule, as currently outlined, could be circumvented by replacing the vehicle with an older vehicle shortly after licence transfer.

The Commission has no plans to introduce an age restriction for WATs. It did, however, express the view that the new vehicle standards should result in a younger fleet.

Vehicle Licence Administration.
The requirement for the suitability test to be carried out at a separate location to the NCT arose as a result of a competitive tendering process. The Commission is to provide a list of addresses at which the suitability test/licence renewal will be available.

The Commission is to clarify whether meter sealing and the suitability test can be carried out simultaneously where appropriate.

The Commission is looking at methods of incorporating licence holders PPSNs into reference numbers which could be attached to SPSV driving and vehicle licences.

Clarification is required as to whether new vehicles will be exempt from the NCT.

Skills Test.
The test for current drivers is identical to part 1 (Industry Module) of the test for new entrants. The Commission is confident that all current drivers will pass the test.

The Commission agreed that statistics on the test should be published as soon as possible and undertook to publish same as soon as sufficient sample sizes become available.

The skills manual will be available in audio book form in the near future. A new version of the print manual will also be available. Clarification is required as to the detail of amendments.

The Commission does not provide training firms with any data other than that generally available.

Details of question bank sizes and the number of applicants currently awaiting the test have been requested.

Fleet Licence.
The primary purpose of the fleet licence will be to enhance enforcement and compliance in the rental market. While the Commission has not yet defined the scope of the fleet licence, it is clear that the licence will be relevant only to multiple plate holders.

The Commission accepted that compliance procedures applicable to such a licence could also be applicable to situations not covered by the licence.

SPSV Driving Licence.
The Commission has a working group which is addressing transfer of responsibility for licence issue from An Garda Siochana to the Commission.

As current procedures are based on 1970 legislation, the Commission will review such procedures in due course.

New technology may be employed in enhancing current licences/ID cards. We feel our suggestion that the small ID card should be worn by drivers was well received.

Rank Space.
The Commission will publish guidelines for the provision of rank space in the near future.

The Commission accepted that inadequate rank space is detrimental to health and safety.

E-mail to the Commission:

Further to our meeting yesterday we would be obliged if you could clarify the following:

Transfer of Licence.
In legal terms, what property rights are attached to a taxi vehicle licence?

What will be the procedure to transfer ownership of a taxi licence 04/01-05/04?

Is a NCT certificate required where transfer relates to the licence only i.e where the vehicle remains in the name of the original licence holder?

What transfer fees apply to each of the following transactions:
a) Transfer of licence only.
b) Transfer of licence and vehicle.
c) Transfer of licence to a new licensee and a different vehicle.

Vehicle Licence Administration.
Please forward a comprehensive list of suitability test centre addresses.

Will meter sealing and the suitability test be carried out simultaneously where appropriate?

Skills Test.
Please forward any available information regarding the size of the question banks from which questions are drawn in respect of each modules/area.

Is the selection of questions for each applicant carried out on a completely random basis by the software employed within test centres?

How many applicants are currently waiting to sit the test?

Data Sharing.
Can you confirm that the Commission can only provide data to external agencies on foot of requests from such agencies?

In compliance with the above could a general request be satisfied e.g. could the Commission satisfy a request from Revenue for details of all SPSV licence holders who, to the Commission’s knowledge, hold additional employment(s)?

OJTC Recommendations.
Can the Commission provide details of any instructions received from Minister Dempsey on foot of the recommendations of the Oireachtas Joint Transport Committee or otherwise relevant to the reform of the industry?

In addition to the above my colleagues and I will contact ********** regarding vehicle standards.

Please find below published summary information relevant to the meeting referred to. (The information in reply number 3 of this thread) Should you believe any statements contained therein to be incorrect please advise.

Your attention to the above is much appreciated and I look forward to your response.

Additional E-mail regarding Standards

Further to a recent meeting with *********** I would be obliged if you could address the following queries regarding vehicle standards.

Under the new testing regime will new vehicles be subject to the NCT and, if so, will the Commission consider exemption for same?

The new standards applicable to WATs are the subject of much confusion. The publication “National Vehicle Standards Requirements November 2007” alludes to possible transitional arrangements. Can you clarify whether any such arrangements will apply in respect of either new entrants or existing providers.

A colleague recently received the following information within a response from ********* regarding vehicles which may comply with the new standards:

Base Vehicle CompanyApproval Comments
Fiat Scudo WAVFiat IrelandFull ECWVTAMeets current 2 door rule and new criteria
Fiat ScudoPatons TaxisFull ECWVTAHighly likely to meet current 2 door rule, meets new criteria
Citroen DispatchVoyager MPVLow VolumeNot been measured against new criteria
Peugeot ExpertAllied VehiclesFull ECWVTAMeets new criteria, does not meet current 2 door rule
Mercedes VitoAllied VehiclesFull ECWVTANot been measured against new criteria
Mercedes VitoVoyager MPVLow VolumeNot been measured against new criteria
VW Caravelle/TransporterTaxi and Bus ConversionsIn processNot been measured against new criteria
VW Caravelle/TransporterBernard MansellLow VolumeNot been measured against new criteria
Ford Transit TourneoBernard MansellLow VolumeNot been measured against new criteria
Mercedes VitoBernard MansellLow VolumeNot been measured against new criteria
Fiat ScudoScotcabFull ECWVTANot been measured against new criteria
Nissan PrimastarVoyager MPVLow VolumeNot been measured against new criteria
Renault TraficTaxi and Bus ConversionsIn processNot been measured against new criteria
Ford TransitTaxi and Bus ConversionsIn processNot been measured against new criteria
Hyundai MontanaSome companies have been looking at this model, exact details as yet unknown
Mercedes VitoKPM UKFull ECWVTANot been measured against new criteria, meets London PCO regs
LTI TX4 (black cab)LTIFull ECWVTAIn discussion regarding luggage space available

As most of the models listed have not been measured against the new criteria, can you confirm that the Commission intends carrying out such measurements and, if so, give an indication of when such research should be complete?

You note that you are in discussion regarding the luggage space available in the LTI TX4. Similarly, can you give an indication as to when you will be able to clarify the situation.

Have you conducted, or do you intend to conduct, any research on older LTI models i.e. the previous TX models and the preceding Fairways models?

Your attention to the above is much appreciated and I look forward to your response.

Reply To first E-mail

Vehicle licensingTransfer of Licences

In legal terms, what property rights are attached to a taxi vehicle licence?

A key characteristic of any licence is that it is generally personal to the grantee and is not assignable. Despite the fact that this principle of non-assignability is clear there are occasional exceptions and indeed the law has actually authorised trading in taxi licences. This position is as a result of the judgment of Judge Costello in the High Court in the 1994 case of Hempenstall v Minister for the Environment, when the nature of licences was expanded on. Judge Costello determined that notwithstanding the fact that a new policy in respect of the issuing of taxi licences would have the effect of very significantly reducing the value of existing licences, the overriding entitlement to change policy prevented a legitimate expectation arising. It is also worth emphasising that the existence of a long standing practice does not give rise to any legitimate expectation that the practice will not change. Judge Costello stated as follows:

‘Property rights arising in licences created by law (enacted or delegated) are subject to the conditions created by law and to an implied condition that the law may change those conditions…an amendment of the law which by changing the conditions under which a licence is held…cannot be regarded as an attack on the property right in the licence – it is the consequence of the implied condition which is an inherent part of the property right in the licence’.

In addition to the foregoing the Commission for Taxi Regulation, by virtue of section 34 of the Taxi Regulation Act 2003, is conferred with extensive powers to make Regulations in relation to ‘the licensing, ownership, control and operation of small public service vehicles, the licensing and control of small public service vehicle drivers and the standards to be applied to such vehicles and their drivers’. Accordingly, the Oireachtas empowered the Commission to formulate policy and to make delegated legislation in relation to the regulation of the small public service vehicle industry. In order to be effective, the Commission is obliged to be responsive to issues arising within the industry. Following the publication of our Economic Review in March of this year, we conducted a consultation process with industry stakeholders in relation to various proposed changes. In accordance with our legislation, the Commission has consulted the Advisory Council to the Commission with regard to the reform proposals in relation to existing taxi licences, all of which have been unanimously supported.

On application, what will be the procedure to transfer ownership of a taxi licence from January 2010 to end March 2010? i.e. to 6th April 2010.

Licence holders will complete a transfer form which will be signed by both parties. The purchaser will be required to include details with regard to their insurance and tax clearance which will be checked by the Commission. The current licence holder will be contacted by phone and their identity confirmed. They will be asked to confirm that they wish to proceed with the transfer.

If both the vehicle and the licence are being transferred as a package then the new licence certificate will be sent to the purchaser once the fee has been processed. In this case (package), as now there is no change in tamper proof discs and no updated NCT certificate will be required as the purchaser gets the remaining lifespan of the licence.

If it is only the licence that is being transferred (i.e. a different vehicle is being associated with the licence as well as new licence holder details), once the existing licence holder has confirmed that they wish to proceed with the transfer, the purchaser will be contacted and an appointment to licence the new vehicle will be arranged (this will include arranging the Initial Suitability Inspection). The purchaser will be required to bring the tamper-proof discs from the old vehicle with them to this appointment or prove that those discs have been destroyed e.g letter from Gardaí. An NCT certificate will be required for the new vehicle.

Probate hand down of a licence will not affect the rights to one more transfer.

SPSV licensing centres will be closed for Easter from 31st March until April 6th. Transfers undertaken after this date will need to conform to the new transferability rules outlined in the recent reforms document.

Is a NCT certificate required where transfer relates to the licence only i.e where the vehicle remains in the name of the original licence holder?

The ownership of the vehicle does not affect the process. If the transfer of licence ownership involves the same vehicle remaining associated with the licence (whether the vehicle remains in the ownership of the original licence holder or is transferred as package), an NCT is not required for the existing vehicle. An NCT is only required if the transfer involves a different vehicle.

What transfer fees apply to each of the following transactions:

a) Transfer of licence only – current fee applies (€125)
b) Transfer of licence and vehicle – current fee applies (€250)
c) Transfer of licence to a new licensee and a different vehicle – There are currently only 2 levels of fees that can be associated with a transfer of ownership
· Transfer of licence only (€125) or
· Transfer of ownership (€125) + change of vehicle (€125) = Total of €250
The fee for the Initial Suitability Inspection will be available end December 2009. Suitability tests carried out to the end of 2009 will continue to be charged jointly with the roadworthiness test fee – i.e. €90

Vehicle Licence Administration.

List of suitability test centre addresses:

Test centres to be located in the following towns:

County Location
Carlow Carlow
Cavan Cavan Town
Clare Ennis
Cork Little Island
Cork Charleville
Cork Macroom
Cork Youghal
Donegal Donegal Town
Dublin Fonthill
Dublin Finglas
Dublin Deansgrange/ Pottery Road
Galway Galway
Kerry Killarney
Kerry Tralee
Kildare Naas
Kilkenny Kilkenny City
Laois Portlaoise
Leitrim Carrick-on-Shannon
Letterkenny Clanree Hotel
Limerick Limerick
Longford Longford Town
Louth Drogheda
Louth Dundalk
Mayo Ballina
Mayo Westport
Meath Navan
Monaghan Monaghan Town
Offaly Tullamore
Roscommon Roscommon Town
Sligo Sligo
Tipperary Cahir
Tipperary Nenagh
Waterford Waterford
Westmeath Athlone
Westmeath Mullingar
Wexford Enniscorthy
Wicklow Arklow

All centres meet quality standards established by the Commission as part of the contract in place with SGS Ireland Ltd. To make an appointment licence holders who are due to renew their vehicle licence should call the SGS vehicle licensing booking line on 1890 927 977.

Will meter sealing and the suitability test be carried out simultaneously where appropriate?

Although SGS administer both services the sealing of meters is the responsibility of the Legal Metrology Service so the Commission cannot comment on their behalf. However it is understood that the practicalities of being able to avail of both services simultaneously is attractive to drivers and the Commission will endeavour to progress improvements where possible.

Which WAV vehicles will meet the new standards – will converted vans still be acceptable?

Almost all wheelchair accessible vehicles are converted or adapted from other base vehicles, the LTI “TX” range of traditional black cabs being one of the few exceptions. As such the suitability of the vehicle in its final converted form depends as much on the design of the conversion as the design/specification of the base vehicle. You will therefore understand that to explicitly state that vehicle make “X” converted by company “Y” is acceptable is very difficult if such conversions are undertaken on a one-off nature on a customer by customer basis.
By contrast a mass produced vehicle is made to exactly the same core specification day in day out, e.g. Toyota Avensis and consequently the concept of a simple list of acceptable vehicles is quite possible, e.g. the Model Report database as in use for the new taxi and hackney luggage and interior size requirements available on our website.
One of the main differences in the new requirements is the burden or method of proof that the specialist adaptations are safe in that for certain areas test reports are required from real physical tests. For example if the convertor installs a new row of seats then these and their seat belts and anchorages are tested (destructive test) in a bare bodyshell and subsequent vehicles need to have the same seats, in the same position in order that those test results remain valid for the vehicle as sold. Any change to the seat, the seat belt or mountings or location requires a new test.
Mass produced cars are produced consistently the same under the EC Whole Vehicle Type Approval (ECWVTA) scheme which has been in place for around 20 years. A car is a Category M1 vehicle and until recently the Type Approval scheme across Europe applied only to cars. A light goods vehicle (van) is category N1 and Type Approval has been less comprehensive across Europe for these vehicles. The concept of Type Approval is simple: a manufacturer puts a new product through a series of tests and evaluations and once all of these are successfully completed the product can be sold as long as it is the same as that which was tested and approved. The consistency is guaranteed by the approval process including a check on the manufacturing process and abilities, known as Conformity of Production (CoP).
The approval processes required to complete a full ECWVTA programme is quite expensive and aimed at mass production volumes. In recognition of smaller volume producers and specialist convertors there are two less paperwork intensive schemes: Small Series (or Low Volume) Approvals and Individual Vehicle (or Single Vehicle) Approvals:
· The Small Series scheme retains the CoP requirements but has strict annual production number limits
· The Individual Vehicle scheme requires each and every vehicle be inspected and therefore has no CoP requirement on the convertor. Sometimes the vehicle owner, as opposed to supplier, arranges and assumes responsibility for this inspection.

In conclusion therefore a simple list of pre-approved acceptable wheelchair accessible vehicles is only possible for those vehicles which have been produced and approved under a scheme that includes a CoP requirement and is therefore limited to vehicles that have either:
· Full ECWVTA
· Small Series or Low Volume Type Approval

Vehicles produced/converted either to bespoke customer order, or as “one-offs”, or as a small batch run but lacking any proof of consistency of production cannot be simply listed in such a manner.
Wheelchair accessible vehicles do not have to be new but it is the case that as the Type Approval regime is in its infancy in Ireland there are probably very few second hand Irish registered vehicles that meet all of the forthcoming standards.
The UK, and to an extent Northern Ireland, has required formal Type Approval prior to registration for many years now. In addition many UK councils (taxi licensing authorities) have mandated vehicles with either full ECWVTA or Low Volume certification for all taxi licence applications. Consequently there are used vehicles in the UK that should have the correct approval specifications but that does not guarantee that certain dimensional requirements will be met, e.g. door openings. However such things are fairly simple for the prospective buyer to check, the same cannot be said of the design integrity of the seat belt anchorages for example.
To the best of our knowledge few UK specification vehicles will meet the current “two accessible door” rule. This is partly due to the Type Approval process regarding the driver’s seat location. It is anticipated that the new accessible vehicle requirements will be introduced from April 2010, until then the current suitability requirements remain in force.
The issue of VAT and VRT due on any imported vehicle remains as always a matter for the Revenue Commissioners and should be factored into any comparison of prices, new or old.
In recognition of the potential difficulties involved, namely having to obtain an Irish registration and an SPSV licence number before it is possible to book a suitability inspection the Commission for Taxi Regulation, in conjunction with its licensing and inspection partner SGS Ireland Ltd will, from 4th January 2010 be prepared to inspect a vehicle (registered in the State, another State or unregistered), with or without an associated SPSV licence number against the suitability requirements solely in order to assist prospective purchasers or convertors. Please note that this will result in a report being issued and not a suitability certificate. Should the vehicle subsequently be presented formally for licensing following the usual procedures the inspection will normally have to be undertaken again.
The following vehicle listing does not constitute endorsement or promotion of a particular brand and is intended solely as information to assist the prospective purchaser. It remains the responsibility of the purchaser to ascertain for themselves the specification of the individual vehicle, any claims made by the seller and its fitness for purpose. The ultimate decision as regards whether a vehicle is accepted for licensing as an SPSV is the suitability inspection.
This list is not exhaustive, does not include every possible conversion or manufacturer but is intended to assist and is ever evolving.
Base Vehicle Company Approval Comments
Fiat Scudo WAV Fiat Ireland Full ECWVTA Meets current 2 door rule and new criteria
Fiat Scudo Patons Taxis Full ECWVTA Highly likely to meet current 2 door rule, meets new criteria
Citroen Dispatch Voyager MPV Low Volume Not been measured against new criteria
Peugeot Expert Allied Vehicles Full ECWVTA Meets new criteria, does not meet current 2 door rule
Mercedes Vito Allied Vehicles Full ECWVTA Not been measured against new criteria
Mercedes Vito Voyager MPV Low Volume Not been measured against new criteria
VW Caravelle/Transporter Taxi and Bus Conversions In process Not been measured against new criteria
VW Caravelle/Transporter Bernard Mansell Low Volume Not been measured against new criteria
Ford Transit Tourneo Bernard Mansell Low Volume Not been measured against new criteria
Mercedes Vito Bernard Mansell Low Volume Not been measured against new criteria
Fiat Scudo Scotcab Full ECWVTA Not been measured against new criteria
Nissan Primastar Voyager MPV Low Volume Not been measured against new criteria
Renault Trafic Taxi and Bus Conversions In process Not been measured against new criteria
Ford Transit Taxi and Bus Conversions In process Not been measured against new criteria
Hyundai Montana Some companies have been looking at this model, exact details as yet unknown
Mercedes Vito KPM UK Full ECWVTA Not been measured against new criteria, meets London PCO regs
LTI TX4 (black cab) LTI Full ECWVTA In discussion regarding luggage space available

Please note many of the above makes/models are also current favourites of domestic Irish convertors, e.g. Parfit Ltd, O’Kelly Conversions, KVC, Motability Ireland etc. However it is not known exactly where these firms are up to: bear in mind that the Irish approval regime has only been in place since April this year.

What was the peak figure for number of active WAT licences Jan 2009-End November 2009?

February 2009 – 1587 active WAT licences.

What is the last date you can submit documents to do a transfer before the transferability rules change on April 6th 2010?

All documents must be received by close of business on March 31st 2010.in order for the transfer to be completed under the pre-April 6th 2010 transferability rules.

After April 6th if my vehicle fails the renewal assessment will I have to pay in order for it to be retested?

The fees for a retest will be available end December 2009.

What exactly is the rationale for requiring new cars to have an NCT test in order to be licensed as an SPSV?

The Commission has applied to the Road Safety Authority to remove that requirement. At present Departmental regulations require an NCT certificate for new cars in order for them to be licensed as an SPSV.

Can you provide a guide to the standards being tested under the suitability test?

A document outlining same will be on Commission website end December 2009.

Skills Development Test.

Size of the question banks from which questions are drawn in respect of modules/areas
In order that the integrity of the test be maintained this information is privileged.

Skills Development Test applications
Full statistics with regard to the Skills Development Test for 2009 will be published in the Commission’s annual report.

Is the selection of questions for each applicant carried out on a completely random basis by the software employed within test centres?
Yes

Data Sharing

Can you confirm that the Commission can only provide data to external agencies on foot of requests from such agencies?

Yes. The Commission releases any data in strict compliance with Section 38 of the 2003 Taxi Regulation Act and in line with general data protection legislation.

In compliance with the above could a general request be satisfied e.g. could the Commission satisfy a request from Revenue for details of all SPSV licence holders who, to the Commission’s knowledge, hold additional employment(s)?

The specific purpose of the data request must be clearly outlined with regard to any request and each request is handled individually. With regard to the example cited, this information is not collected at present during the vehicle or driver licensing renewal processes. This information is more relevant with regard to SPSV driver licence holders. As outlined in the reforms document the Commission will introduce new driver licence application and renewal forms capturing a greater degree of information on the applicant. This will be fully implemented when the Commission takes over driver licensing administration from An Garda Síochána.

Other
Can the Commission provide details of any instructions received from Minister Dempsey on foot of the recommendations of the Oireachtas Joint Transport Committee or otherwise relevant to the reform of the industry?
The Commission is an independent public body. The recommendations of the Oireachtas Committee were made to the Minister. The Commission published further reforms for the industry following a public consultation process and advice received from the Advisory Council.

Will the Commission publish its forecast expenditure for 2010?
The Commission provides all financial information through its annual reporting process which is in line with its statutory obligations and standard practice for public sector bodies.

What is due to happen to the surplus?
The Taxi Regulation Act provides the Commission to determine the use of surplus funding. Surplus funding will continue to be used by the Commission in exercise of its functions.

Reply From the Commission Regarding Standards

Thank you for your queries.

1. The Commission for Taxi Regulation is supportive of newer vehicles and has requested the Department of Transport to amend the legislation governing the requirement for new vehicles seeking SPSV licensing to undergo the NCT roadworthiness test. This legislation lies outside of that possible for direct amendment by the Commission for Taxi Regulation hence this route. We envisage such amendment being in place for January 2010 but this is reliant upon the Department.

2. As you state the “National Vehicle Standards Requirements November 2007” document does suggest alternative provisions given the nature and timescales surrounding the ECWVTA category of “wheelchair accessible vehicle”. On page 9 it gives some relevant examples and it should be noted that this was explained further in the earlier response to your colleague by **********. It is understood that this is a complex area and one that is a relatively new experience. It is however more of an issue for the supplying manufacturer or convertor and, for new vehicles, is something that will need to be dealt with prior to registration regardless of whether the vehicle is to be subsequently licensed for reward.

3. Again as noted in the reply to your colleague we have indicated the arrangements suggested to enable the measurements to be made. The Commission remains available to assist wherever possible. The main point of the list was to indicate that there are conversion companies working to standards incorporating the Conformity of Production compliance and therefore such models could in fact be assessed in a similar manner to mass produced vehicles.

4. We do not have a timescale for concluding discussions with LTI.

5. The earlier TX models have not been assessed in detail but as far back as the TX1 (circa 1997 introduction) the body size is very similar to the current TX4. As regards the much older Fairway there has been little interest thus far and so this has not yet been considered, a similar logic applies to the alternative Metrocabs.

I hope this is of some assistance. Should you require further clarification please do not hesitate to contact us.

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