Dublin Transport Authority Act 2008

PART 1 Preliminary and General

1. Short title.

1.— This Act may be cited as the Dublin Transport Authority Act 2008.

2. Definitions.

2.— In this Act—

“Act of 1950” means Transport Act 1950;

“Act of 1958” means Transport Act 1958;

“Act of 1961” means Road Traffic Act 1961;

“Act of 1986” means Transport (Re-organisation of Córas Iompair Éireann) Act 1986;

“Act of 1993” means Roads Act 1993;

“Act of 1997” means Dublin Docklands Development Authority Act 1997;

“Act of 2000” means Planning and Development Act 2000;

“Act of 2001” means Transport (Railway Infrastructure) Act 2001;

“Act of 2002” means Planning and Development (Amendment) Act 2002;

“Act of 2005” means Grangegorman Development Agency Act 2005;

F1["Act of 2009" meansPublic Transport Regulation Act 2009;

"ancillary public passenger transport service" means passenger transport services of general economic interest provided to the public on a non-discriminatory and continuous basis that are not either a rail passenger service or a public bus service;]

“authorised officer” means a person appointed under section 78 as an authorised officer of the Authority;

“Authority” means Dublin Transport Authority established under section 9;

“bus” means a mechanically propelled vehicle designed for travel by road having seating accommodation for more than 9 persons (including the driver);

“Bus Éireann” means Bus Éireann-Irish Bus;

“bus stop” means a designated stopping place at which passengers may board or alight from buses;

“busway” has the meaning assigned to it by section 44(1) of the Act of 1993;

“car” means a mechanically propelled vehicle which is not an omnibus (within the meaning of the Act of 1961) bus or a bicycle or tricycle;

“CIÉ” means Córas Iompair Éireann;

“Commissioner” means Commissioner of the Garda Síochána;

“company” means company (within the meaning of the Companies Acts);

“cycleway” has the meaning assigned to it by section 68(1) of the Act of 1993;

“DTO” means Dublin Transportation Office;

“Dublin Bus” means Bus Átha Cliath-Dublin Bus;

“GDA” means Greater Dublin Area;

“Greater Dublin Area” has the meaning assigned to it by section 3;

“integrated implementation plan” is to be read in accordance with section 13;

“interchange facilities” means infrastructure or premises which facilitate transport users using different modes of transport, including but not limited to park and ride facilities and facilities that allow for the stopping, parking or standing of taxis, cycles, motor cycles, buses, trains and cars in order to facilitate users of one mode of transport transferring to another mode;

“Irish Rail” means Iarnród Éireann-Irish Rail;

“land” has the meaning assigned to it by the Act of 2000;

“light railway” means a railway designated as a light railway in a railway order made under the Act of 2001;

F2["local authority" has the meaning assigned to it by theLocal Government Act 2001, other than in the context of the exercise of functions under the Act of 2003 where it has the meaning in section 2(1) of that Act.]

“mechanically propelled vehicle” has the meaning assigned to it by the Act of 1961;

“metro” means a railway designated as a metro in a railway order made under the Act of 2001;

“Minister” means Minister for Transport;

F3[…]

“NRA” means National Roads Authority;

“prescribe” means prescribe by regulations;

“private car” means a car which is not used for reward or to ply for hire;

“public bus service” means the use of a bus or buses travelling wholly or mainly on public roads for the carriage of passengers in such a manner that—

(a) the service is provided on a regular and scheduled basis,

(b) each journey is open to use by members of the public,

(c) carriage is provided for passengers between specified terminal points or along a specified route or otherwise in accordance with a published timetable, and

(d) a charge or charges are paid in respect of each passenger, and

is not a bus service solely for carrying children to or from school;

F4["public passenger transport service" means—

(a) a rail passenger service,

(b) a public bus service, or

(c) an ancillary public passenger transport service;]

“public road” has the meaning assigned to it by the Act of 1993;

“public transport authority” means CIÉ, Irish Rail, Bus Éireann, Dublin Bus, the RPA or a road authority;

F5["public transport infrastructure" means infrastructure constructed or provided, or proposed to be constructed or provided, in connection with the provision of public passenger transport services, which includes but is not limited to railway infrastructure, metro railway infrastructure, light railway infrastructure, bus infrastructure, rolling stock, buses, busways, bus lanes, bus garages, cycleways, cycle and pedestrian facilities, interchange facilities or such other class of infrastructure, facility, building or vehicle, whether of the same kind as the aforementioned or not, which the Authority has prescribed to be public transport infrastructure undersection 44(13);]

F4["public transport operator" means—

(a) Irish Rail, BusÉireann, Dublin Bus or the RPA,

(b) a person providing public passenger transport services under a contract with the RPA,

(c) a person providing public passenger transport services under a contract with the Authority,

(d) a person operating a passenger road service in accordance with a passenger licence granted under theRoad Transport Act 1932, or

F5[(e) a person providing a public bus passenger service in accordance with a licence granted under the Act of 2009;]]

“rail passenger service” means a passenger transport service of general economic interest provided by rail to the public on a non-discriminatory and scheduled basis;

“railway infrastructure” has the meaning assigned to it by the Act of 2001;

“regional authority” means a body established in accordance with section 43 of the Local Government Act 1991;

“road” has the meaning assigned to it by the Act of 1993;

“road authority” has the meaning assigned to it by the Act of 1993 and, except where otherwise specified, refers only to road authorities in the GDA;

“RPA” means Railway Procurement Agency;

F6["statutory body" means a body established by or under statute;]

“subsidiary” in sections 24, 32 and 36 to 40 means subsidiary (within the meaning of section 155 of the Companies Act 1963) of the Authority;

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

“traffic management” means the regulatory, administrative and other measures necessary for the purposes of facilitating, managing, regulating and controlling—

(a) the movement of persons and goods on public roads, or

(b) the parking of vehicles in public or other non-residential places;

“transport strategy” is to be read in accordance with section 12;

“Transport 21” means the capital investment framework published by the Minister in November 2005.

3. Greater Dublin Area.

3.— The Greater Dublin Area comprises—

(a) the city of Dublin,

(b) the administrative counties of South Dublin, Fingal, Dún Laoghaire-Rathdown, Kildare, Wicklow and Meath, and

(c) such other areas as may be declared by order, from time to time, by the Minister.

4. Commencement.

4.— This Act, other than Parts 2 and 6, comes into operation on such day or days as may be fixed therefor by order or orders of the Minister, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.

5. Expenses.

5.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

6. General power to make regulations.

6.— (1) The Minister or the Authority, as the case may be, may make regulations for—

(a) any purpose in relation to which regulations are provided for in this Act, or

(b) prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

(2) A regulation under this section may contain such consequential, supplementary and ancillary provisions as the Minister or the Authority, as the case may be, considers necessary or expedient.

7. Laying of orders and regulations before Houses of Oireachtas.

7.— (1) Every order (other than an order under section 4, 8, 17 or 102) or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as practicable after it is made.

(2) Every regulation made by the Authority under section 44(13) or 58(4) shall be laid before each House of the Oireachtas as soon as practicable after it is made.

(3) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which a regulation or order is laid before it under this section, annul the regulation or order.

(4) The annulment of a regulation or order under subsection (3) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the regulation or order before the passing of that resolution.

PART 2 Dublin Transport Authority

Chapter 1

8. Establishment day.

8.— The Minister may appoint by order a day to be the establishment day for the purposes of this Part.

9. Establishment of Dublin Transport Authority.

9.— (1) There stands established on the establishment day a body to be known in the English language as the Dublin Transport Authority or in the Irish language, Údarás Iompair Bhaile Átha Cliath, and in this Act referred to as the Authority, to perform the functions assigned to it by or under this Act.

F8[(2) The functional area of the Authority (other than to the extent provided by this Act) is the State.]

(3) The Authority is a body corporate with perpetual succession and a seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or any other property or any other interest in land or any other property (freehold or leasehold).

(4) The Authority shall, as soon as may be after its establishment, provide itself with a seal, which shall be authenticated by the signature of a member of the Authority or of another person authorised by the Authority to act in that behalf.

(5) All courts shall take judicial notice of the seal of the Authority and every instrument purporting to be an instrument made by the Authority and to be sealed with its seal (purporting to be authenticated in accordance with subsection (4)) shall be received in evidence and be deemed to be such instrument without further proof, until the contrary is shown.

10. General objectives of Authority.

F9[10.—In exercising its functions the Authority shall seek to achieve the following objectives—

(a) the development of an integrated transport system which contributes to environmental sustainability and social cohesion and promotes economic progress,

(b) the provision of a well-functioning, attractive, integrated and safe public transport system of services and networks for all users,

(c) improved access to the transport system and, in particular, to public passenger transport services by persons with disabilities,

(d) increased use of the public transport system,

F10[(e) regulated competition in the provision of licensed public bus passenger services in the public interest,

(f) the objectives set out in section 9 of the Act of 2003,]

(g) increased recourse to cycling and walking as means of transport, and

(h) value for money.]

11. Principal functions of Authority.

11.— (1) The principal functions of the Authority are to—

(a) undertake strategic planning of transport,

(b) promote the development of an integrated, accessible public transport network,

(c) regulate public transport fares,

F11[(ca) license public bus passenger services that are not subject to a public transport services contract undersection 48,]

F12[(cb) develop and maintain a regulatory framework for the control and operation of small public service vehicles and their drivers in accordance with the provisions of the Act of 2003,]

(d) promote increased recourse to cycling and walking as a means of transport, and

(e) secure the—

(i) provision of public passenger transport services,

(ii) provision of public transport infrastructure,

(iii) provision of integrated ticketing and information systems for public transport,

(iv) effective management of traffic,

(v) effective management of transport demand,

(vi) development and implementation of a single public transport brand,

(vii) collection of statistical data and information on transport, and

(viii) conduct of research into transport.

(2) The Authority may do all such things as arise out of or are consequential on or are necessary or expedient for the performance of its functions or are ancillary thereto.

(3) The Minister may, with the consent of the Minister for Finance, by order confer on the Authority such additional functions in relation to transport as, from time to time, he or she considers appropriate.

12. Transport strategy.

12.— (1) (a) The Authority shall make a strategic transport plan (“transport strategy”) in accordance with this section.

(b) The Authority’s first transport strategy shall incorporate the work done on a new transport strategy by the DTO (until such time as it is dissolved under section 102).

(c) Should the DTO complete its new transport strategy before it is dissolved under section 102, that strategy shall be considered to be the Authority’s first transport strategy for the purposes of this section.

(2) The Authority shall endeavour to ensure that the first transport strategy shall be published not later than one year following the review of the regional planning guidelines for the GDA in accordance with section 26 of the Act of 2000.

(3) The objective of the transport strategy shall be to provide a long-term strategic planning framework for the integrated development of transport infrastructure and services in the GDA.

(4) A transport strategy shall consider the future development of the transport system in the GDA for a period of not less than 12 years and not more than 20 years.

(5) When preparing a transport strategy the Authority shall have regard to—

(a) the F14[National Planning Framework],

F15[(b)the regional spatial and economic strategy (within the meaning of the Act of 2000) in force for the GDA, including any regional planning guidelines to which section 21(4) of that Act relates,]

(c) the development plans in force in the GDA, the Dublin Docklands Development Authority’s master plan and the Grangegorman Development Agency’s strategic plan,

(d) Transport 21 or any subsequent capital investment framework for transport published by the Minister or Government,

(e) the Department of Transport’s sectoral plan under the Disability Act 2005 or any subsequent sectoral plan under that Act,

(f) demographic, economic, social, travel and transport trends in the GDA,

(g) existing, planned and projected land use developments,

(h) trends and requirements of persons travelling from outside the GDA into the GDA, and vice versa, and the demand for such travel,

(i) any proposals received from public transport authorities and operators, and

(j) such other matters as may be prescribed by the Minister or as the Authority considers appropriate.

F15[(6) The Authority shall ensure that the transport strategy is consistent with relevant regional spatial and economic strategy (within the meaning of the Act of 2000) for the GDA prepared in accordance with Chapter III, Part II, of that Act, including any relevant regional planning guidelines to which section 21(4) of that Act relates.]

(7) A transport strategy shall be prepared in such form and manner as may be directed by the Minister.

(8) The Authority shall—

(a) in the course of preparing a transport strategy, and

(b) after publishing a preliminary draft of the strategy,

consult with and consider the views of F16[the Minister for Housing, Planning and Local Government, the Office of the Planning Regulator], the regional authorities within the GDA, the NRA, the Dublin Docklands Development Authority, the Grangegorman Development Agency, local authorities, the Garda Síochána, local communities, transport users, public transport operators, port and airport authorities or companies and other interested parties in the GDA and shall invite and consider written public submissions.

(9) The Authority shall, after completing the consultation required under subsection (8), submit a draft of its transport strategy to the Minister for his or her approval.

(10) When submitting a draft of its transport strategy to the Minister under subsection (9), F16[the Authority shall send a copy of that draft to the regional authorities within the GDA and to the Office of the Planning Regulator and those regional authorities and that Office shall], within 4 weeks of their receipt of the draft, issue a notice to the Authority, the Minister and the Minister for the Environment, Heritage and Local Government stating whether, in their view, the draft strategy is—

F15[(a)consistent with the regional spatial and economic strategy (within the meaning of the Act of 2000) for the GDA, including any relevant regional planning guidelines to which section 21(4) of that Act relates, or

(b)not consistent with the regional spatial and economic strategy (within the meaning of the Act of 2000) for the GDA, including any relevant regional planning guidelines to which section 21(4) of that Act relates and where not so consistent what amendments to the draft transport strategy they consider necessary to achieve such consistency.]

(11) (a) When submitting a draft of its transport strategy to the Minister under subsection (9), the Authority shall send a copy of that draft to the Joint Oireachtas Committee.