Motor
Traffic (Cabs – General) (Jersey) Order 2021
1 Interpretation
In this Order, unless the
context otherwise requires –
“cab” means a cab which is
a limousine-cab or a taxi-cab;
“electronic payment
device” means a device –
(a) for the payment of fares
by means other than cash; and
(b) which fulfils the
description in, and is approved in accordance with, Article 7;
“Law” means the Motor Traffic (Jersey)
Law 1935;
“limousine-cab” means a motor vehicle in respect of which a public
service vehicle licence is in force prohibiting it from using taxi ranks;
“taxi-cab” means a motor vehicle in respect of which a public service
licence is in force permitting it to use taxi ranks;
“taxi rank” means a stand
established by a Minister in accordance with Article 37 of the Law for use
by cabs.
2 Use
of taxi ranks
(1) A
vehicle that is not a taxi-cab must not –
(a) stop on a taxi rank;
(b) wait on a taxi rank; or
(c) pick up passengers at a taxi
rank.
(2) If
a limousine-cab is used in contravention of paragraph (1), that action is
a breach of the public service licence in respect of that vehicle and the
licence may be revoked or suspended under Article 10(1)(b) of the Law.
3 Signs: taxi-cabs
A taxi-cab must not be
used to provide a cab service unless it is fitted, in a position approved by
the Inspector, with a properly operating sign of a design approved by the
Inspector that –
(a) shows the vehicle to be a
taxi-cab; and
(b) can show if the taxi-cab
is available for hire.
4 Public service licence number to be displayed in taxi-cabs
A taxi-cab must not be
used to provide a cab service unless there is displayed inside the taxi-cab, in
a position where it may be easily read by a passenger, a sign in a form
approved by the Inspector showing the number of the public service vehicle
licence granted in respect of the taxi-cab.
5 Notice of fares and charges displayed in taxi-cabs
A taxi-cab must not be
used to provide a cab service unless there is displayed inside the taxi-cab, in
a position where it may be easily read by a passenger, a sign in a form
approved by the Inspector showing the fares and charges prescribed under Article 38(2)(a)
of the Law that are applicable to the hire of the taxi- cab.
6 Taxi meters in taxi-cabs
(1) A
taxi-cab must not be used to provide a cab service unless it is fitted with a
properly operating taxi meter of a design approved by the Inspector.
(2) A
taxi meter is operating properly if –
(a) it is set to calculate
correctly the appropriate fares and charges prescribed in accordance with Article 38(2)(a)
of the Law;
(b) the information it
displays is discernible by a passenger in the taxi-cab;
(c) any device designed to
secure the integrity of the meter has not been tampered with, whether
physically, electronically or by any other means.
7 Electronic payment devices in taxi-cabs
(1) A
taxi-cab must not be used to provide a cab service unless it is fitted with a
properly operating electronic payment device of a design approved by the
Inspector.
(2) An
electronic payment device is operating properly if –
(a) it is capable at all
times of completing, by means of electronic communication, transactions for the
payment of fares and charges applicable to the hire of the taxi-cab;
(b) it does not produce any
electromagnetic or other signal capable of adversely affecting the safe and
effective operation of the taxi-cab or of any other device required by law to
be within the taxi-cab; and
(c) it produces, or can
produce, a printed receipt for each transaction for which it is used.
(3) Nothing
in this Article obliges a passenger in a taxi-cab to pay fares or charges using
an electronic payment device.
(4) For
the purposes of this Article –
“electronic” includes
electrical, digital, magnetic, electromagnetic or any other technology that
entails capabilities similar to those technologies; and
“electronic communication”
means a communication of information transmitted –
(a) by means of guided or
unguided electromagnetic energy or of both; or
(b) by other means but while
in electronic form.
8 Notice of electronic payment facility in taxi-cabs
A taxi-cab must not be
used to provide a cab service unless there is displayed inside the cab, in a
position where it may be easily read by a passenger, a sign in a form approved
by the Inspector indicating –
(a) that payment of fares and
charges applicable to the hire of the cab may be made using an electronic
payment device; and
(b) the type of electronic
payment device available in the cab for purpose of making such payment.
9 Limousine-cabs
(1) A
limousine-cab must not be used to provide a cab service otherwise than in
accordance with a pre-arrangement that does not require payment of the hire fee
to the driver of the vehicle at the time of the provision of the service or
immediately after it.
(2) A
limousine-cab must not display any sign indicating that it is providing a cab
service other than a plate displayed in accordance with Article 13(2) of
the Law.
10 Passenger misbehaviour
A passenger in a cab must
not –
(a) behave in a disorderly
manner;
(b) continue to consume food
or drink after being asked by its driver to stop doing so;
(c) continue to play a device
that produces sounds audible to its driver after being asked by the driver to
stop doing so;
(d) continue with any
behaviour that distracts the attention of its driver after being requested by
the driver to stop the behaviour;
(e) fail to leave the cab
when requested to do so by its driver either on the passenger reaching the person’s
destination or when reasonably requested to do so at any other time.
11 Enforcement
(1) A
person who uses a motor vehicle in contravention of Article 2(1) commits an
offence.
(2) If
there is a breach of any provision in Articles 3 to 9, the driver of the
cab and, if different, its owner, each commit an offence.
(3) A
passenger who fails to comply with a requirement of Article 10 commits an
offence.
(4) A
person who is guilty of an offence under this Order is liable to a fine of
level 2 on the standard scale.
12 Transitional provision[1]
(1) In
this Article –
“2002 Order” means the Motor Traffic
(Taxi-Cabs – General) (Jersey) Order 2002;
“2003 Order” means the Motor Traffic (Public Service Vehicles
(Conditions of Fitness)) (Jersey) Order 2003;
“accessibility requirements” means the
requirements, subject to any transitional provisions, in the amended 2003 Order
that re-enact, with or without modifications, Articles 26 to 30 and
Article 32 of the pre-commencement 2003 Order;
“amended 2003 Order” means the 2003 Order as in force on
31st May 2021;
“pre-commencement 2003 Order” means the 2003 Order as in
force on 30th May 2021;
“private-hire cab” means a private-hire cab within the meaning of
Article 1 of the 2002 Order –
(a) in respect of which a
public service licence is in force on 30th May 2021; and
(b) which does not comply
with the accessibility requirements on 31st May 2021;
“taxi” means a taxi within the meaning of Article 1 of the 2002 Order –
(a) in respect of which a
public service licence is in force on 30th May 2021; and
(b) which does not comply
with the accessibility requirements on 31st May 2021.
(2) Despite Article 13 –
(a) Article 2 of the 2002 Order continues to apply to a taxi until the date
the taxi must comply with the accessibility requirements in the amended 2003 Order;
and
(b) the restrictions in Article 3
of the 2002 Order and, accordingly, the enforcement provisions in Article 11(1)
and (5) of that Order, continue to apply to a private-hire cab until the date
the private-hire cab complies with the accessibility requirements in the
amended 2003 Order.[2]
13 [3]
14 Citation and commencement
This Order may be cited as the Motor Traffic (Cabs – General)
(Jersey) Order 2021 and comes into force on 31st May 2021.