Road Transport (Taxi) Regulations

Jurisdiction
Seychelles
Citation
Statutory Instrument 15 of 1982
Primary work
Road Transport Act
Date
1 August 2016
Language
English
Type
Legislation
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Seychelles
Road Transport Act

Road Transport (Taxi) Regulations

Statutory Instrument 15 of 1982

  • Commenced on 5 April 1982
  • [This is the version of this document at 1 August 2016.]
[SI 15 of 1982; 55 of 1983; 70 of 1986; 39 of 1987; 84 of 1987; 25 of 1990; 14 of 1991; 29 of 1997; 39 of 2000; 38 of 2003; 25 of 2007; 55 of 2010; 39 of 2013; 37 of 2016]

Part I – Preliminary

1. Citation

These Regulations may be cited as the Road Transport (Taxi) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—“applicable fare” means the fare specified in regulation 18(1);“authorised officer” means an officer of the Ministry authorised under regulation 19;“Licences Regulations” means the Licences (Road Transport) Regulations;“member of the family”, in relation to regulation 7(1), includes the son, daughter or parent of the applicant for a taxi licence;“operate” means, in relation to a taxi, to ply for hire, stand for hire on a taxi rank, carry a passenger or wait for a passenger who has hired the taxi;“owner”—(a)in relation to a motor vehicle which is the subject of a credit sale, a conditional sale or a hire purchase contract, means the person in possession of the vehicle under that contract; and(b)includes, where the context so admits, the spouse of the owner if the spouse is named under Regulation 8(2) of the Licences Regulations or is a named driver;“RT Regulations” means the Road Transport Regulations;“relief driver” means a relief driver appointed by the owner under regulation 7;“second driver” means a person appointed under regulation 7(3A);[inserted by regulation 2(a) of SI 29 of 1997 w.e.f. 7 April 1997; amended by regulation 2(a) of SI 39 of 2000 w.e.f. 4 September 2000]“spouse”, in relation to an owner, means either his spouse living with him or a woman living en menage with him but not both;“taxi driver” means any person driving or operating a taxi;“taxi licence” means a taxi licence issued under the Licences Regulations;“taxi rank” means a taxi rank in terms of Regulation 12 and Schedule 1;“waiting time” means a period during which a taxi is hired but, on the instructions of the passenger, is not in motion;“1950 Act” means the Motor Vehicles Insurance (Third Party Risks) Act.

Part II – Taxi marking etc

3. Roof signs

(1)A motor vehicle registered as a taxi and in respect of which a taxi licence is in force must be fitted with an illuminated sign on the roof bearing the word TAXI in red colour on a white background or in white colour on a red background and approved by the licensing authority and clearly visible from the front and rear.[regulation 3(1) amended by regulation 2(b) of SI 29 of 1997 w.e.f. 7 April 1997]
(2)The roof sign—
(a)shall be 110 mm to 150 mm in height and 325 mm to 350 mm in length; and
(b)shall be internally illuminated with the illumination being controlled by the driver inside the taxi.
[regulation 3(2) repealed and substituted by regulation 2(a) of SI 38 of 2003 w.e.f. 24 November 2003]
(3)The roof sign must be lit when the taxi is plying for hire or standing for hire on a taxi rank; and must not be lit when the taxi is not on hire or not being operated as a taxi.
(4)Where the taxi is operated for the purposes of the holder of the taxi licence or of his family and not for carriage of passengers for reward, the roof sign shall remain covered.

4. Taxi notices

A motor vehicle registered as a taxi and in respect of which a taxi licence is in force must be fitted—
(a)both externally at the front of the vehicle and also internally in a prominent position, with a notice, in such form and of such size (including the size of letters and figures) as the licensing authority may decide, stating that it is a public vehicle and the number of persons (including the driver) which may be carried in it;
(b)internally, in a prominent position, with a notice obtainable from the licensing authority and informing passengers where complaints about the taxi or the driver may be made;
(c)internally, in a prominent position clearly visible to and readily legible by passenger, with a notice obtainable from the licensing authority that the taxi metre shall be switched on at all times during a hiring unless the taxi is being hired under an agreement referred to in regulation 17(2); and
(d)internally, in a prominent position clearly visible to and readily legible by a passenger, with a notice obtainable from the licensing authority that the taximeter shall be switched on only upon the request of a passenger hiring the taxi.

5. Taxi markings not to be used on other vehicles

No motor vehicle shall be fitted with a roof sign under Regulation 3 or a notice under Regulation 4, or with any sign or notice which might give the impression that the vehicle is a taxi, unless it is registered as a taxi and a taxi licence is in force for it.

Part III – Operation of taxis

6. Operation of taxi

(1)The owner of a taxi—
(a)shall operate his taxi or cause it to be operated for at least 40 hours each week;
(b)may operate his taxi or cause it to be operated for any number of hours more than 40 hours each week; and
(c)except with the permission of the licensing authority, shall not engage in any other employment, trade, business or office.
(2)Sub-regulation (1)(c) does not apply to the spouse of the owner.

7. Named driver, relief driver and second driver

[repealed and substituted by regulation 2(b)(viii) of SI 29 of 1997 w.e.f. 7 April 1997]
(1)The holder of a taxi licence may apply to the licensing authority for approval to name the spouse or any adult member of the family of the holder of the taxi licence as a driver of the taxi where the taxi is operated for the purposes of the holder or of the family of the holder and not for carriage of passengers for reward (hereinafter referred to as the “named driver”) and shall in that event annex to the application the certificates referred to in regulation 8(1)(b), (c) and (f) of the Licences Regulations n respect of the named driver.[regulation 7(1) repealed and substituted by regulation 2(b)(i) of SI 29 of 1997 w.e.f. 7 April 1997]
(2)Where the licensing authority approves a named driver, the licensing authority shall include the name of the named driver in the taxi licence and the provisions of these regulations shall apply to the named driver as they apply to the holder of the taxi licence.
(3)A holder of a taxi licence may apply to the licensing authority, on the form provided by the licensing authority for the purpose, for permission to appoint a relief driver to drive the taxi in the following cases for the following periods—
(a)where the holder of the taxi licence is unfit to drive because of ill health or injury, during the period the holder of the taxi licence is unfit, subject to the presentation to the licensing authority of a certificate by a medical practitioner every four weeks;
(b)where the holder of the taxi licence is on holiday, during the period the holder of the taxi licence is on holiday, such period not to exceed 28 days in each year or such longer period as is approved by the licensing authority.
(3A)A holder of a taxi licence may, in respect of a taxi licenced to ply for hire, apply to the licensing authority, on the form provided for the purpose, for permission to approve a second driver to drive the taxi in addition to the holder of the licence and where the licensing authority approves a second driver, the licensing authority shall include the name of the second driver in the taxi licence and the provisions of these Regulations shall apply to the second driver as they apply to the holder of the taxi licence.[regulation 7(3A) inserted by regulation 2(b)(ii) of SI 29 of 1997 w.e.f. 7 April 1997; amended by regulation 2(b) of SI 39 of 2000 w.e.f. 4 September 2000]
(4)Where the holder of a taxi licence dies and the spouse of the holder of the licence becomes the owner of the taxi, the spouse may apply to the licensing authority on the form provided by the licensing authority for the operation of the taxi till the expiration of the licence of the deceased holder and for the appointment of a relief driver till the expiration of the licence and (if the licence is renewed) for a further period of 12 months subject to a maximum period of 18 months, in the aggregate.[regulation 7(4) amended by regulation 2(b)(iii) of SI 29 of 1997 w.e.f. 7 April 1997]
(5)On an application under subregulation (3) or (3A) or (4), the applicant shall satisfy the licensing authority that the relief driver or second driver—[regulation 7(5) amended by regulation 2(b)(iv)(A) and (B) of SI 29 of 1997 w.e.f. 7 April 1997]
(a)holds a current driving licence and has experience of driving a motor vehicle for a period of not less than three years;
(b)holds a medical certificate in terms of regulation 8(1)(b) of the Licences Regulations;
(c)holds a special driving test certificate in terms of regulations 8(1)(c) of the Licences Regulations;
(d)has been photographed in terms of subregulation (9) of this regulation.
(6)The licensing authority may in its discretion grant or refuse the application for permission to appoint a relief driver or for the operation of the taxi, as the case may be.
(7)Permission under subregulation (6) shall be valid for one month only but may in the discretion of the licensing authority be renewed for further period specified in subregulations (3) and (4).
(8)A relief driver or second driver shall not drive a taxi unless the relief driver or second driver has been appointed under this regulation.[regulation 7(8) amended by regulation 2(b)(v) of SI 29 of 1997 w.e.f. 7 April 1997]
(9)The licensing authority shall make out and issue to the holder of a taxi licence, the named driver or relief driver or second driver an identity badge which shall—
(a)have a photograph of the person to whom it is issued;
(b)state that the holder of the badge is the holder of the taxi licence or the named driver, the relief driver or second driver, as the case may be;
(c)state the registration number of the taxi for which it is valid;
(d)bear the date stamp of and the signature on behalf of the licensing authority;
(e)be signed by the person to whom it is issued and worn by that person in a clearly visible position at all hours while operating the taxi;
(f)be otherwise in such form as the licensing authority may decide,
and may require the holder of the taxi licence, the named driver or the relief driver or second driver to be photographed for the issue of the badge at such place and time as may be fixed by the licensing authority or to apply within such time as may be fixed by the licensing authority for a new identity badge where the badge or the photograph or other particulars on it have, in the opinion of the licensing authority, become defaced or altered by fading or otherwise.[regulation 7(9) amended by regulation 2(b)(vi) of SI 29 of 1997 w.e.f. 7 April 1997]
(10)It shall be a condition of the taxi licence that the taxi in respect of which the licence is granted shall not be driven by any person other than—
(a)the holder of the licence, the named driver or relief driver or second driver;[regulation 7(10)(a) amended by regulation 2(b)(vii) of SI 29 of 1997 w.e.f. 7 April 1997]
(b)when the taxi is operated for the purposes of the holder of the licence or of the family of the holder and not for carriage of passengers for reward, the spouse of the holder; being a person holding a current driving licence to drive the class of motor vehicles to which the taxi belongs;
(c)a person who drives it for the purpose of section 6 of the Act;
(d)the holder of a garage owner licence who drives it for the purpose of a certificate referred to in regulation 8(1)(e) of the Licences Regulations; or
(e)a police officer in uniform driving it for the purpose of testing it under regulation 45 of the RT Regulations.

7A.

It shall be the duty of every holder of a taxi licence, second driver and relief driver to attend and complete the taxi operators‘ course of training conducted by the Ministry of Environment and Transport, prior to the grant or renewal of a taxi licence or the issue of the identity badge, as the case may be.[regulation 7A inserted by regulation 2(c) of SI 39 of 2000 w.e.f. 4 September 2000]

8. Restriction on alcoholic drink

(1)No person shall knowingly sell or supply alcoholic drink to a taxi driver while that driver is operating a taxi.
(2)No taxi driver shall buy or consume alcoholic drink while he is operating a taxi.
(3)No taxi driver shall, within six hours before he is to be operating a taxi, consume alcoholic drink.

9. Restrictions on use of taxi

(1)No owner shall knowingly permit his taxi to be used or driven by a driver other than a person driving it in terms of regulation 7(10).
(2)No person shall use or drive a taxi, or cause or permit a taxi to be used, for the instruction of another person to drive.

9A.

A taxi driver who fails to display his vehicle registration number on the windscreen of the front passenger side of the vehicle, commits an offence and is liable to a fine under the Minor Offences (Fixed Penalties) Decree.[regulation 9A inserted by regulation 2(a) of SI 39 of 2013 w.e.f. 6 May 2013]

Part IV – Passengers

10. Duty to accept passenger

Subject to regulation 12(2), a taxi driver—
(a)who is plying for hire; or
(b)whose taxi is in Bay of a taxi rank,
must accept as a passenger and drive any sober person who requests the hire of the taxi.

11. Taxi ranks

(1)The taxi ranks specified in Schedule 1 are approved taxi ranks on which taxis may stand for hire and each taxi rank has the number of bays specified in Schedule 1.
(2)Each bay in a taxi rank shall be marked on the ground with a number (in the form “1” and so on) which indicates the place of the taxi in that bay in the queue of taxis waiting for hire, the taxi in Bay one being first in the queue, the taxi in Bay two being second and so on.
(3)A taxi joining a taxi rank must occupy the lowest numbered vacant bay.
(4)Subject to regulation 12, the first taxi to be hired from a taxi rank must be the taxi in Bay one and the other taxis in the rank must then move forward to the next lowest numbered bay.
(5)Subject to regulation 12(1), no taxi driver whose taxi is in a taxi rank shall accept a passenger unless his taxi is in Bay 1.
(6)In the event of all the bays in a taxi rank being occupied, drivers of other taxis must—
(a)not obstruct the vicinity of the rank; and
(b)ply for hire elsewhere or go to another taxi rank.
(7)Except by prior arrangement, no taxi driver shall accept a passenger within 50mm of a taxi rank unless his taxi is in the rank.[regulation 11(7) amended by regulation 2(b) of SI 39 of 2013 w.e.f. 6 May 2013]

12. Prior arrangements and bookings

(1)If a person requesting the hire of a taxi has a prior arrangement with another driver in a higher numbered bay in the rank, then he may hire that driver‘s taxi instead of the taxi in Bay 1.
(2)If the driver of a taxi in Bay one or plying for hire has a booking for another passenger at a later time and would not be able to fulfil that booking if he accepted the hire, he may decline that hire and, if in Bay 1, must then immediately move to the lowest numbered vacant bay in the rank.

13. Smoking

(1)No taxi driver shall smoke tobacco or another substance when operating a taxi.
(2)If a “NO SMOKING” notice is prominently displayed in the taxi, no passenger shall smoke tobacco or another substance in the taxi.

14. Receipts

A taxi driver must carry in his taxi a receipt book in a form approved by the licensing authority and on request must give a passenger a receipt for the fare paid.

15. Lost property

A taxi driver shall comply with the requirements of regulation 78 (Lost property) of the RT Regulations.

16. Ban on other vehicles in taxi ranks

No vehicle shall stand, park or wait in a taxi rank unless it is registered as a taxi and the owner holds a taxi licence.

Part V – Fares and taximeters

17. Fares

(1)Subject to this regulation, a taxi driver shall not charge a fare for the hire of his taxi greater than the applicable fare specified in Schedule 2.
(2)Where—
(a)a client is the holder of a visitor‘s permit in terms of the Immigration Decree; and
(b)the client and a taxi driver have entered into an agreement in a form which has been approved by the Ministry responsible for Transport for the hire of the taxi driver‘s taxi for a continuous period of not less than two hours at a fare specified in the agreement,
the taxi driver may charge the fare specified in the agreement and, in addition, an amount equal to 10% of that fare as trades tax.
(3)The taxi driver shall, before an agreement has been reached between the client and him with regard to the fare for the journey to be undertaken, advise the client of the additional amount referred to in subregulation (2) payable by the client as trades tax.
(4)Where there is an agreement in accordance with subregulation (2) between a taxi driver and a client, the taxi driver shall not charge any amount in excess of the aggregate of the fare specified in the agreement and a sum equal to 10% of the fare as trades tax as provided in subregulation (2);
(5)Where in response to a request from a hirer a taxi has to travel a distance of more than two kilometres so as to reach the place appointed by the hirer to commence the hirer‘s journey, a taxi driver may charge the fare for the journey as from the point where he left to travel to reach the place appointed by the hirer—
(a)where there is an agreement under subregulation (2), at the rate specified in the agreement;
(b)in any other case, at the rate specified in Schedule 2 as if he has commenced the hirer‘s journey provided the taxi driver switches on the taxi metre of his taxi at the time when he leaves that point.
(6)A taxi driver shall not charge a fare for any journey unless—
(a)the fare has been recorded on the taxi metre; or
(b)the fare has been specified in an agreement referred to in subregulation (2).
(7)Where the fare for a journey is covered by an agreement referred to in subregulation (2), the taxi driver shall be deemed, for the purposes of the Trades Tax Act, to have collected trades tax in accordance with subregulation (2).

18. Authorised officer

The Minister may authorise any person employed in his Ministry to act as an authorised officer under this Part and such authority may relate to a specific matter or to all matters under this Part.

19. Taximeter

(1)No person shall use, cause or permit to be used a motor vehicle as a taxi unless the vehicle is fitted with a taximeter—
(a)of a design and construction; and
(b)that is installed in a place and in a manner in the vehicle, as may be approved by an authorised officer.
(2)No person shall fit a taximeter to a taxi without the prior approval of an authorised officer.
(3)A taxi driver shall keep the taximeter installed in his taxi switched on at all times during a hiring unless the taxi is being hired under an agreement referred to in regulation 17(2).

20. Sealing and testing of taximeter

(1)A taxi driver shall produce his taxi at such a place and time as an authorised officer may require for the purpose of inspection, testing and regulating the taximeter fitted therein.
(2)Every taximeter installed in a taxi shall be—
(a)tested before it is fitted to a taxi;
(b)inspected, tested, and regulated where necessary at six monthly intervals after it is installed; and
(c)stamped and sealed,
by an authorised officer.
(3)No person except an authorised officer shall disconnect, unseal or in any way interfere with a taximeter that has been installed in a taxi.
(4)No person shall use or permit or offer a motor vehicle to be used as a taxi if—
(a)the stamp or seal of an authorised officer, in respect of the taximeter, has been broken or damaged;
(b)the taximeter has not been submitted for testing by an authorised officer within the previous six months;
(c)the taximeter was affixed to the taxi without the prior approval of the authorised officer; or
(d)the taximeter does not comply with the provisions of these Regulations.

Part VI – Miscellaneous

21. False information in application

A person who, in making an application under these Regulations to the licensing authority, wilfully makes a statement which he knows to be false, or recklessly makes a statement which is false in a material particular, is guilty of an offence punishable in terms of section 24(2) of the Act.

22. Offences

A person who contravenes regulation 3, 4, 5, 6, 7(8), 8, 9, 10, 11(3), (5) or (7), 13, 14, 15, 16, 17, 19 or 20 commits an offence punishable in terms of section 24(2) of the Act.

23. Offences in relation to identity badges

A person who—
(a)alters, mutilates or in any way defaces an identity badge issued by the licensing authority; or
(b)on being required by the licensing authority to apply for a new identity badge under regulation 7(9) fails to do so within the time prescribed in that regulation,
is guilty of an offence punishable under section 24(2) of the Act.

24.

(1)It shall be the duty of all taxi operators to observe the Taxi Operators‘ Code of Conduct set out in Schedule 3.
(2)A person who contravenes subregulation (1) commits an offence punishable in terms of section 24(2) of the Act.
[regulation 24 inserted by regulation 2(b) of SI 38 of 2003 w.e.f. 24 November 2003]

Schedule 1 (Regulation 11(1))

Taxi ranks

Location No. of days
Victoria Taxi Stand 43
Seychelles International Airport 29
New Port 16
Independence Avenue (Barclays Bank) 8
Quincy Street Car Park 7
Beau Vallon Bay Hotel 11
Coral Strand Hotel 8
Reef Hotel 10
Mahe Beach Hotel 4
Barbaron Beach Hotel 6
Inter Island Quay 8
Victoria Hospital 4
Northolme Hotel 1
Plantation Club Hotel 8
Domestic Terminal 12
Victoria House Car Park 1
SMB Access Road 6
[Schedule 1 repealed and substituted by regulation 2(c) of SI 38 of 2003 w.e.f. 24 November 2003]

Schedule 2 (Regulation 17)

Taxi fares by distance*

Day and night, Weekdays Saturdays, Sundays and Public Holidays—
Mahe
First kilometre 25.00*
Additional kilometre 23.00*
Praslin and La Digue
First kilometre 28.00*
Additional kilometre 24.50*
Charges for baggage—
(excluding small items such as handbags, camera cases, airline travel bags etc.)
For each piece of luggage 10.00
Note: The charges for baggage are additional to the fare by distance.
[Schedule 2 repealed and substituted by regulation 2 of SI 55 of 2010 w.e.f. 1 August 2010]**[*Note: SI 37 of 2016 has substituted further increased figures (of R 50.00, R 30.00, R 33.00 and R.35.00 respectively) with effect from 13 June 2016 but did so inconsistently with the amendments already made by SI 55 of 2010. This reflects the apparently accidental omission of SI 55 of 2010 from the official revised edition of this Act, which came into force on 10 May 2016. The amendments made by SI 37 of 2016 have not accordingly been incorporated in the eGrey Book. Readers are however reminded that only the official revised edition is authoritative under the Statute Law Revisions Act.]

Schedule 3

Taxi Operators' Code of Conduct

Personal

1.A Licensed taxi operator shall—
(a)Always be courteous and helpful;
(b)Always be well-groomed and dressed in long trousers when on duty;
(c)Not use abusive language or be involved in any fight or quarrel with a passenger or any other person whilst on duty;
(d)Not be involved in any conduct prejudicial to the reputation of the tourism industry of Seychelles or to the good name of the country;
(e)Maintain friendly relations with and cooperate with other taxi operators and tourism establishments;
(f)Always try to understand the character and needs of the passengers;
(g)Exercise due care to ensure that a passenger or any other person is not placed in danger;
(h)Not leave a passenger before the completion of the hire;
(i)Not pick or choose passengers, or refuse any hire without a valid reason;
(j)Not solicit for passengers;
(k)Not smoke inside the taxi whilst it is on a hire;
(l)Not consume alcoholic drinks prior to or whilst on hire.

Operational

2.A licenced taxi operator shall—
(a)ensure that his vehicle is kept in a good and clean condition;
(b)maintain the vehicle in a sound mechanical and roadworthy condition;
(c)display the operator‘s licence number, with the name and photograph of the authorised driver on the dash board;
(d)have valid insurance cover at all times in respect of both the passengers and the property;
(e)maintain all tyres, including spares, inflated in accordance with the manufacturer‘s recommendations;
(f)not hinder nor obstruct other taxi drivers from picking up passengers;
(g)produce vocational licence upon demand;
(h)not ignore would be passengers queuing at a taxi stand;
(i)not request any commission from shops, hotels, guesthouses, restaurants, etc. nor solicit for any tips;
(j)not overcharge passengers. Taxi metres shall be used at ALL times when a passenger is in the taxi. The fares indicated on the metre shall be the maximum chargeable;
(k)A receipt book shall be carried at all times and a receipt shall be issued at the request of the client;
(l)Not permit the taxi to be driven by any person other than a second named or relief driver;
(m)Shall respect all the regulations relating to the operation of taxi queues where these are available;
(n)Shall cooperate to ensure that public is served.

General

3.A taxi operator shall observe all relevant Road Transport Regulations and Regulations pertaining to taxis.
4.Any taxi must operate a minimum of 56 hours per week.
5.Taxi operators shall be examples of good road users and practice high standards of safe, efficient and courteous driving at all times.
6.The taxi operators shall sit general knowledge tests as well as driving and vehicle tests, as and when necessary in order to improve their services.
7.Taxi operators shall accept the Ministry responsible for Transport or the Licensing Authority as an arbitrator in case of any dispute with a client.
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History of this document

05 April 1982
Commences.