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Prosecutions & Fixed Payment Offences

Prosecutions

Some offences are not suitable to be declared as Fixed Payment Offences e.g. operating a SPSV without a valid licence, and therefore NTA may elect to prosecute the offender directly in court. Generally, it is the more serious offences which are prosecuted by NTA however, where a Fixed Payment Notice has not been paid, this too will be prosecuted. An Garda Síochána is also empowered to prosecute offences under SPSV legislation . A decision to prosecute an offender is taken when the offence warrrants such action, and/or where it is in the interests of the SPSV industry and the public at large to do so. Prosecutions take place at the District Court within the area where the original offence was committed. The evidence will be heard from both sides and a judge will decide whether the case has been proven and whether to convict the offender. Following a conviction for the offence, the fine may be up to €5,000. A conviction may be taken into consideration by NTA and An Garda Síochána when deciding whether a licence holder is suitable to retain their licence. (See “Taxi Regulation- Revocations and suspensions “)

Fixed Payment Offences

Authorised Persons (NTA Compliance Officers or any member of An Garda Síochána) may issue Fixed Payment Notices, commonly known as on the spot fines or penalties, for a range of offences which have been declared at law to be Fixed Payment Offences. These notices may be issued as a result of a roadside check by a Compliance Officer or a member of An Garda Síochána or they may be issued following a complaint from a customer. The fines payable are up to €250 per incidence. The Fixed Payment Notice specifies the amount which must be paid in order to avoid prosecution, as shown in the table below. Within the first 28 days of the date on the notice, the amount specified in the notice can be paid, or within the next 28 days of the date on the notice, the amount specified in the notice plus an additional 50 per cent can be paid. If you do not pay within this 56 days (28+28) of the date on the notice, a prosecution will be instituted by NTA for the original offence . A court attendence is mandatory and a criminal conviction as well as a court fine and legal costs may accrue. A criminal conviction for a SPSV offence can have serious implications for a career in the SPSV industry and travel/visa applications amongst other matters.

Fixed Payment Offences

Failure to display required in-vehicle information €40
Standing at appointed stand while vehicle not available for hire €40
Standing for hire at a place other than an appointed stand €40
Refusal to carry Assistance Dog or Guide Dog in small public service vehicle €40
Failure to print and offer a receipt in the prescribed form to a passenger upon completion of a journey in a taxi €40
Failure to make available a receipt in the prescribed form to a passenger upon completion of a journey in a hackney or limousine €40
Standing or plying for hire in a county without a licence to stand or ply for hire in that county €40
Failure to comply with taxi roof sign requirements €40
Displaying on a hackney or limousine a sign or advertisement other than one prescribed by the national transport authority €40
Failure to notify details of small public service vehicle being operated €40
Operating taximeter while taxi is standing for hire or plying for hire €60
Failure to operate taximeter while taxi on hire €60
Failure to comply with the requirements in relation to the fitting and operation of a taximeter €60
Applying a booking fee in respect of a taxi which is engaged while plying for hire or standing for hire or without having been booked in advance by the consumer €60
Standing with a taxi on part of a public road adjoining or in proximity to an appointed stand when the appointed stand is full €40
Failure to display required driver identification €60
Failure to comply with vehicle standards applicable to licensing category €60
Failure of the driver of a hackney or limousine to carry the required booking record in respect of a hire €60
Removal or attempted removal of tamper-proof disc from a small public service vehicle €80
Unreasonable refusal to carry a passenger where the journey is not more than 30 kilometers €80
Failure to comply with the requirements in relation to the fitting and calibration of taximeters €250
Failure to have prescribed signage affixed to the front doors of taxi or wheelchair accessible taxi €250