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A decision made 7 August 2017:

Decision Reference: MD-T-2017-0068
Decision Summary Title :	Motor Traffic (Taxi-Cabs General) (Jersey) Order 2002 Taxi-Cab Electronic Payment Devices		Date of Decision Summary:	01 August 2017
Decision Summary Author:	Head of DVS & Inspector of Motor Traffic		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Motor Traffic (Taxi-Cabs -General) (Jersey) Order 2002 Taxi-Cab Electronic Payment Devices		Date of Written Report:	01 August 2017
Written Report Author:	Head of DVS & Inspector of Motor Traffic		Written Report : Public or Exempt?	Public
Subject: Motor Traffic (Taxi-Cabs - General) (Jersey) Order 2002
Decision(s): The Minister approved the introduction of devices to accept electronic payments in all taxi-cabs from 1st October 2017.
Reason(s) for Decision: To modernise and provide greater flexibility to the travelling public when paying for taxi-cab fares.
Resource Implications: None
Action required: Head of DVS: 1. To instruct the Law Officers to amend the Motor Traffic (Taxi-Cabs - General) (Jersey) Order 2002 accordingly. 2. To include a condition on all taxi-cab licences to provide an electronic payment device that meets the Association of Payment and Clearing Services (APCS) and Payment Card Industry Data Security Standards (PCI DSS). 3 To advise the Taxi-Cab Industry of the Minister’s decision and arrange the appropriate public and plate holder information.
Signature:		Position: Minister for Infrastructure
Date Signed:		Date of Decision (If different from Date Signed):

Motor Traffic (Taxi-Cabs - General) (Jersey) Order 2002: Amendment: Electronic Payments: Law drafting instructions

DEPARTMENT FOR INFRASTRUCTURE

MOTOR TRAFFIC (TAXI-CABS - GENERAL) (JERSEY) ORDER 2002

TAXI-CAB ELECTRONIC PAYMENT DEVICES

Purpose of the Report

To seek the Minister for Infrastructure’s agreement, in accordance with his powers under Article 38(1) and (2)(d) of the Motor Traffic (Jersey) Law 1935 which provides that –

“(1) It is the duty of the Minister to prescribe by Order such matters as it is necessary or convenient to prescribe to ensure that, insofar as it is practicable to do so, there is an adequate, efficient and reasonably priced cab service available throughout Jersey at all times.

(2) The Minister may, in particular, prescribe -

(d) The equipment that must be provided in cabs, including communications and meters, and the manner in which the equipment or meters must or must not be operated”.

to amend the Motor Traffic (Taxi-Cabs - General) (Jersey) Order 2002 to provide for equipment to allow non-cash payments from customers by credit cards, bank cards and other electronic means.

Background

In September 2015 the Minister set out in Ministerial Decision MD-T-2015-0079 ‘Taxi-Cab Regulatory Reforms Programme’ the areas of change which were required to achieve the reform programme to provide a more flexible and safer taxi-cab service to the public. The Ministerial Decision directed the Inspector of Motor Traffic to draft Orders under the Motor Traffic (Jersey) Law 1935 and make the necessary administrative changes to put the taxi-cab regulatory reform programme into effect.

As part of the Taxi-cab Industry review programme, it was announced that electronic payment devices will be provided in every taxi-cab. It is intended that from 01 October 2017 all licenced taxi-cabs will be required to have an electronic payment device fitted and available for inspection.

There are numerous in service devices across the national taxi-cab industry that meet the proposed specification for electronic payment devices. The decision as to which specific device is to be used will be for the individual driver and taxi-cab company to decide based upon their business needs. The amendment to the Order is to ensure the device meets the prescribed industry standard to safeguard the customer and driver, rather than to specify particular devices.

Discussion

The following specification ensures any electronic payment devices such as pin entry devices, contactless payment systems (near field communications) and mobile devices, (smart phones, tablets, laptops etc.) used in taxi-cabs meet the current banking security standards and payment transaction processes and protocols, thereby providing the public with confidence in their electronic payment transaction for any taxi-cab journey in Jersey.

A device will be acceptable to the Inspector of Motor Traffic if it meets the following minimum requirements.

1) Device Specification

A) Payment Device Functionality

The payment device:

Must meet any requirements or standards as stipulated by the card companies in terms of connections to a host such as GPRS or other connection methods to complete payment transactions.
Must have the facility to produce printed receipts which comply with current banking standards.
Shall not generate any electromagnetic interference which may affect or influence any other taxi-cab device.

B) Payment Device Approval / Certification

The payment device must comply with the following minimum standards:

Payment Card Industry Data Security Standards (PCI DS)
Processing standard which meets with EMV (Europay, Mastercard and Visa) specification as approved by the EMVCo consortium
Association for Payment Clearing Services (APACS) Common Criteria Evaluation (EAL4)

C) Payment Transactions

All payment transaction processes must operate in accordance with:

1) the Association of Payment and Clearing Services (APACS).

2) Payment Card Industry Data Security Standards PCI DSS.

3) the Acquirer Bank regulations and standards.

2) Compliance

To demonstrate to the Inspector of Motor Traffic that the electronic payment device meets the

required specification the following documentation will be required:

PCI DSS certification
Electro Magnetic Compatibility (EMC) certification / documentation (where applicable)
APACS Common Criteria Evaluation (EAL4) certification / documentation
EMVCo certification / documentation

3) Receipts

The device must be able to provide the customer with a printed paper payment receipt. This does not negate the option of electronic payment receipts if the equipment is capable and the customer requests this.

4) Date Protection

In addition to the above device specification requirements all transaction processes, data management and storage must operate in accordance with the Data Protection (Jersey) Law 2005 (DPA).

5) Payment Method Signage

Signage must be displayed on the taxi-cab showing which forms of non-cash payments the device will accept. The signage should be in such a position so as to make it as visible as possible to passengers before entering the vehicle, but not so that it obstructs the driver’s vision or the passengers.

Any signage displaying service charge information must be a minimum 17pt font in contrasting colour to be easily readable by the passenger.

Recommendation

The Minister is recommended to approved the introduction of devices to accept electronic payments in all taxi-cabs from 1st October 2017.

Reason(s) for Decision

To modernise and provide greater flexibility to the travelling public when paying for taxi-cab fares.

Action Required

Head of DVS:

To instruct the Law Officers to amend the Motor Traffic (Taxi-Cabs - General) (Jersey) Order 2002 accordingly.

To include a condition on all taxi-cabs licences to provide an electronic payment device that meets the Association of Payment and Clearing Services (APCS) and Payment Card Industry Data Security Standards (PCI DSS)

To advise the Taxi-Cab Industry of the Minister’s decision and arrange the appropriate public and plate holder information.

Written by:	Inspector of Motor Traffic

Approved by:	Director of Transport