Motor Traffic
(Taxi-Cabs – General) (Jersey) Order 2002
1 Interpretation
In this Order, unless the context otherwise requires –
“accessible standard” means either or both of the
following –
(a) the
requirements of Articles 26 to 32; or
(b) the
requirements of Article 33,
of the Motor Traffic (Public Service Vehicles
(Conditions of Fitness)) (Jersey) Order 2003;
“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 6A;
“Law” means the Motor Traffic (Jersey) Law 1935;
“limousine taxi-cab” means a cab the public service
vehicle licence of which prohibits it from using taxi ranks;
“private-hire cab” means a cab the public service
vehicle licence of which restricts its use of taxi ranks;
“taxi” means a cab the public service vehicle licence of
which permits it to use taxi ranks without restriction;
“taxi rank” means a stand established by a Minister[2] in accordance with Article 37
of the Law for use by cabs.[3]
2 Use
of taxi ranks – taxis[4]
A taxi may –
(a) stand on a taxi rank;
and
(b) pick up passengers at a
taxi rank.[5]
3 Use
of taxi ranks – private-hire cabs[6]
(1) Except as provided by paragraph (2),
a private-hire cab must not –
(a) stand
on a taxi rank; or
(b) pick
up passengers at a taxi rank.[7]
(2) A private-hire cab may
pick up passengers at a taxi rank established at the Airport, Albert Pier or
Elizabeth Harbour if no taxi is standing on the rank.[8]
(3) A private-hire cab may
stand on a taxi rank or pick up passengers at a taxi rank if –
(a) there
is an indication on the taxi rank of such specified times as the Minister may
determine during which the taxi rank may be used for such purposes; and
(b) the
private hire-cab is using the taxi rank for such purposes during those times.[9]
(4) A private-hire cab may
stand on a taxi rank or pick up passengers at a taxi rank if –
(a) it
meets the accessible standard; and
(b) there
is displayed on the exterior of the vehicle an indication approved by the Inspector
that it meets the accessible standard.[10]
4 Controls
on limousine taxi-cabs
(1) A limousine taxi-cab
must not –
(a) stand
on a taxi rank; or
(b) pick
up passengers at a taxi rank.
(2) 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
thereafter.
(3) A limousine cab must
not be used to provide a cab service if it is fitted with a sign or any
equipment that indicates it to be a cab.
(4) Paragraph (3) does
not apply to a plate displayed in accordance with Article 13(2) of the Law.
5 Wrongful
use of taxi ranks
A vehicle that is not a cab must not –
(a) stop on a taxi rank; or
(b) wait on a taxi rank.
6 Taxi-meters
to be fitted
(1) A taxi or private-hire
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.[11]
(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 cab;
(c) any
device designed to secure the integrity of the meter has not been tampered
with.
6A Electronic
payment devices to be fitted[12]
(1) A taxi or private-hire
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
cab;
(b) it
does not produce any electromagnetic or other signal capable of adversely
affecting the safe and effective operation of the cab or of any other device
required by law to be within the 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 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.
7 Signs
to be fitted
A taxi or private-hire 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 cab; and
(b) can show if the cab is
available for hire.[13]
8 Notice
of fares and charges to be displayed
A taxi or private-hire 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 showing the
fares and charges prescribed under Article 38(2)(a) of the Law that are
applicable to the hire of the cab.[14]
9 Notice
of public service vehicle licence number to be displayed
A 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 showing the number of the
public service vehicle licence granted in respect of the cab.
9A Notice
of electronic payment facility to be displayed[15]
A taxi or private-hire 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.
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 at any other time.
11 Enforcement
(1) If a cab is allowed to
stand on a taxi rank or is used to pick up a passenger at a taxi rank in either
case contrary to Article 3(1) or 4(1) that action is to be taken to
be a breach of the cab’s public service vehicle licence and renders the
licence liable to be revoked or suspended in accordance with Article 10(1)(b)
of the Law.
(2) A person who stops a
vehicle on a taxi rank or allows a vehicle to wait on a taxi rank contrary to Article 5
is guilty of an offence.
(3) If there is a breach of
Article 4(2) or (3), 6(1), 6A(1), 7, 8, 9 or 9A the driver of the cab and,
if different, its owner are each guilty of an offence.[16]
(4) A passenger who fails
to comply with a requirement of Article 10 is guilty of an offence.
(5) A person guilty of an
offence under this Order is liable to a fine not exceeding level 2 on the
standard scale.
12 Transitional
provisions
(1) A cab that immediately
before the commencement of this Order was a public rank taxi as defined by the Public
Rank Taxis (Jersey) Regulations 1956 shall on that commencement be taken
to be a controlled taxi-cab and the public service vehicle licence granted in
respect of the cab shall be taken for the purpose of this Order to contain a
condition giving the cab unrestricted use of all taxi ranks.
(2) A cab that immediately
before the commencement of this Order was not a public rank taxi as defined by
the Public Rank Taxis (Jersey) Regulations 1956 although the charge for
the hire of the cab was generally calculated by reference to a taxi meter shall
on that commencement be taken to be a restricted taxi-cab and the public
service vehicle licence granted in respect of the cab shall be taken for the
purpose of this Order to contain a condition prohibiting the use of taxi ranks
except to the extent allowed by Article 3(2).
(3) A cab that immediately
before the commencement of this Order was not a public rank taxi as defined by
the Public Rank Taxis (Jersey) Regulations 1956 and the charge for the
hire of the cab was not generally calculated by reference to a taxi meter shall
on that commencement be taken to be a limousine taxi-cab and the public service
vehicle licence granted in respect of the cab shall be taken for the purpose of
this Order to contain a condition prohibiting the use of taxi ranks.
(4) In this Article
“controlled taxi-cab” and “restricted taxi-cab” have,
respectively, the same meanings as “taxi” and “private-hire
cab”.[17]
13 Citation
This Order may be cited as the Motor Traffic (Taxi-Cabs –
General) (Jersey) Order 2002.