Public Transport Regulation Act 2009

PART 1 Preliminary and General

1.. Short title.

1.— This Act may be cited as the Public Transport Regulation Act 2009.

2.. Definitions.

2.— In this Act—

“Act of 1932” means Road Transport Act 1932;

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

“Act of 1993” means Roads Act 1993;

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

“Act of 2003” means Taxi Regulation Act 2003;

“Act of 2006” means Planning and Development (Strategic Infrastructure) Act 2006;

“Act of 2008” means Dublin Transport Authority Act 2008;

“Authority” means Dublin Transport Authority, until the day appointed as the appointed day for the purposes of section 30, and from that day National Transport Authority;

“bus” means a mechanically propelled vehicle F1[or combination of vehicles] designed for travel by road having seating accommodation for more than 9 persons (including the driver);

“Commission” means Commission for Taxi Regulation;

“dissolution day” means the day appointed by the Minister by order under section 31 for the dissolution of the Commission for Taxi Regulation;

“GDA” means Greater Dublin Area;

“licence” means a licence to provide a public bus passenger service granted under Part 2, other than a licence granted under the Road Transport Act 1932 or an international service provided under international agreements or extant EU legislation or rules;

“international service” means a service authorised under Council Regulation (EEC) No. 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus or the Agreement on the International Carriage of Passengers by Road by means of Occasional Coach and Bus Services (ASOR), or the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) or any other International Agreement relating to bus passenger services between the State and other countries;

“Minister” means Minister for Transport;

F2[…]

“public bus passenger 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) each journey is open to use by members of the public,

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

(c) save where the Authority otherwise determines,

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

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

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

“public transport services contract” has the meaning assigned to it by section 47 of the Act of 2008;

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

“public service obligation” has the meaning assigned to it by section 47 of the Act of 2008;

“road passenger transport operator’s licence” means a national or international road passenger transport operator’s licence within the meaning of section 2 of the Road Traffic and Transport Act 2006;

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

3.. Expenses.

3.— 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 monies provided by the Oireachtas.

4.. Laying of orders and regulations before the Houses of the Oireachtas.

4.— (1) Every order (other than an order under sections 5, 29, 30, 31, 44 and 46) 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) Either House of the Oireachtas may, by resolution passed within 21 days after the day on which a regulation or an order is laid before it under this section, annul the regulation or order.

(3) The annulment of a regulation or an order under subsection (2) 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 Licensing of Public Bus Passenger Services

5.. Commencement (Part 2).

5.— This Part comes into operation on such day or days as may be fixed therefor by order or orders by 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.

6.. Requirement to be licensed.

6.— (1) Subject to section 20, a public bus passenger service, other than such a service that is the subject of a public transport services contract entered into under section 48 of the Act of 2008 or an international service, may only be provided in accordance with a licence.

(2) A person who provides a public bus passenger service that is in contravention of subsection (1) commits an offence.

7.. Grant of licences.

7.— (1) Subject to this Part, the Authority may grant a licence in respect of a public bus passenger service.

(2) A licence shall specify the route that the public bus passenger service to which it relates must follow, the commencement and completion points of the service and any stopping points along the route.

(3) Where it is appropriate having regard to the category of public bus passenger service to which the licence refers, the licence may specify requirements in relation to the scheduling and frequency of operation of the public bus passenger service to which it relates.

(4) (a) Subject to paragraph (b), where the holder of a licence does not comply with a requirement specified in the licence under subsections (2) or (3), he or she commits an offence.

(b) It is a defence for a person charged with an offence under this section that a temporary alteration to the service in question had been made having regard to circumstances set out in guidelines prepared under section 23.

8.. Licence categories and periods of licences.

8.— (1) (a) The Authority may specify different categories of public bus passenger services in respect of which licences may be granted and shall set out details of such categories in guidelines prepared under section 23.

(b) In specifying categories under paragraph (a), the Authority may, among other things, have regard to different types of services, the frequency of services, the scheduling of services and the time of year within which particular categories of services shall operate.

(2) The Authority shall determine the period of validity for licences and, where it specifies different categories of public bus passenger services under subsection (1), it may determine different periods of validity in respect of each category, subject in all instances to a maximum of 5 years.

9.. Form of application.

9.— (1) An application for the grant of a licence shall be made to the Authority in such a form and manner and be accompanied by documents and other supporting information as the Authority may determine from time to time and the appropriate fee determined under section 12.

(2) Where an application for the grant of a licence is not made in full compliance with requirements determined by the Authority under subsection (1), the Authority shall notify the applicant for the licence of a final date for the receipt of the complete application and the Authority will not be obliged to consider the application further if the full application is not received on or before that date.

10.. General provisions for the consideration of applications for grant of licences.

10.— (1) In considering an application for the grant of a licence the Authority, having regard to the general objectives established under section 10 of the Act of 2008—

(a) shall take account of the demand or potential demand that exists for the public bus passenger services to which the application refers having regard to the needs of consumers and any existing public bus passenger services on or in the vicinity of the route to be served by the proposed public bus passenger services, and

(b) save where the application is in respect of a category of licence where the Authority deems it not to be appropriate, shall take account of any or all of the following:

(i) the need to provide a well-functioning, attractive, competitive, integrated and safe public transport system of services and networks for all users,

(ii) the need for the preservation of good order and safety on public roads,

(iii) the impact a proposed public bus passenger service would have on public passenger transport services that are subject to a public transport services contract under Part 3, Chapter 2 of the Act of 2008 on or in the vicinity of the proposed route,

(iv) the contribution the proposed public bus passenger service would have in achieving an increase in the availability of public transport services for the public,

(v) the F3[National Planning Framework],

(vi) the Sustainable Travel and Transport Action Plan for Ireland,

(vii) relevant regional planning guidelines under Chapter III of Part II of the Act of 2000,

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

(ix) demographic, economic and social trends,

(x) national and regional tourism strategies and plans, and

(xi) local authority development plans.

(2) For the purpose of considering an application for the grant of a licence, the Authority may—

(a) examine any submission made to it by or on behalf of the applicant,

(b) seek the submission of information from the applicant or any other party, including any local authority (within the meaning of the Local Government Act 2001) in whose functional area the proposed public bus passenger service will operate, or

(c) examine any other matter that it deems to be relevant to the public interest in the consideration of an application.

(3) An application for the grant of a licence shall not be considered unless the applicant establishes to the satisfaction of the Authority that—

(a) he or she has or has the capacity to obtain the necessary financial and other resources required to provide the proposed public bus passenger service,

(b) he or she has complied with national and international legislation on road transport, and

(c) he or she holds a current tax clearance certificate issued under section 1095 (inserted by section 127 of the Finance Act 2002) of the Taxes Consolidation Act 1997.

(4) The Authority may provide guidance to applicants in relation to the consideration of applications under this section in guidelines made under section 23.

(5) Where, following its consideration of an application, the Authority determines that the public bus passenger service to which the application relates is warranted, and the applicant establishes compliance with subsection (3) to the satisfaction of the Authority, the Authority shall grant a licence.

(6) Where the Authority decides not to grant a licence, it shall inform the applicant setting out the reasons for that decision.

11.. Offer of grant of licence.

11.— (1) The Authority may decide prior to the grant of any licence, or of licences in respect of particular categories of public bus passenger services, to make an offer to the applicant setting out—

(a) the details of the public bus passenger service in respect of which it is proposed to grant the licence,

(b) the conditions under section 13 that it is proposed to apply to the operation of the public bus passenger service,

(c) the documents and other information that must be submitted by the applicant prior to the grant of the licence,

(d) the fee determined under section 12 that must be paid prior to the grant of the licence, and

(e) the period within which the applicant must respond in writing to the making of the offer indicating acceptance of that offer.

(2) Where an applicant does not comply with subsection (1) in full within the period established under that subsection, the offer shall cease to have effect and the Authority shall inform the applicant that the application shall receive no further consideration.

12.. Fees.

12.— (1) The Authority shall determine from time to time the level of fees to be charged for the making of an application for and the grant of a licence and for an application to amend, transfer or renew a licence and may determine different levels of fees in respect of each category of public bus passenger service specified under section 8.

(2) An application for the grant of a licence, to amend, transfer or to renew a licence, will not be considered until the appropriate fee has been paid.

(3) No fee shall be refundable to an applicant under any circumstances.

(4) The fees determined by the Authority under this section shall accrue to the Authority and shall be applied for the purpose of meeting the expenses properly incurred by the Authority in the discharge of its functions.

13.. Attachment of conditions to licences.

13.— (1) When granting, amending or renewing a licence, the Authority may apply conditions to the licence in respect of the operation of the public bus passenger service to which it relates.

(2) Notwithstanding the generality of subsection (1), the Authority may impose conditions that relate to—

(a) compliance by the applicant or licence holder at all times with the requirements of section 10 (3),

(b) the scheduling and frequency of bus services, including variations of such frequencies on different days or at different periods of each day,

(c) the route to be taken by the service,

(d) the stopping places on the route for the service, including conditions relating to access to or egress from the service at specified points,

(e) the commencement and completion points of the service,

(f) the ticketing for services, including where appropriate, the integration of ticketing with other transport services provided by the applicant or other public transport service operators,

(g) the provision of ticket dispensing machines or other ticketing, including integrated ticketing, equipment,

(h) the minimum number of vehicles that must be kept available for deployment in the provision of the service, and

(i) the minimum accessibility standards and emission standards for pollutants and noise to be complied with by vehicles deployed in the provision of the service.

(3) The Authority may require that a timetable for a public bus passenger service be provided by the applicant and that such timetable be displayed for the information of the public at places and in such a manner as it determines.

(4) Save where the Authority deems it not to be appropriate, the Authority shall require that a licence, or a document displaying details of a licence in a format it has approved, must be displayed in the vehicle being used to provide a public bus passenger service and may set out the locations and method for that display.

(5) The Authority may publish the timetable of any public bus passenger service in respect of which a licence has been granted in any format using any means, including electronic, that it sees fit.

(6) The Authority may establish different and separate conditions in relation to different categories of public bus passenger services.

(7) A licence holder or a person acting on behalf of a licence holder who in the provision of a public bus passenger service does not comply with a condition applied to a licence commits an offence.

14.. Amendment of licence.

14.— (1) Where the holder of a licence proposes to alter a public bus passenger service in respect of which a licence has been granted, the holder must apply to the Authority for the grant of an amendment to that licence.

(2) An application under subsection (1) shall be made in a form and manner and be accompanied by documents, the appropriate fee and other supporting information as the Authority may determine from time to time.

(3) Sections 10 to 13 apply to applications made under subsection (1).

(4) (a) Subject to paragraph (b), where the holder of a licence alters a public bus passenger service without obtaining an amended licence under subsection (1), the holder commits an offence.

(b) It is a defence for a person charged with an offence under this section that a temporary alteration to the service in question had been made having regard to circumstances set out in guidelines prepared under section 23.

15.. Requirement to commence public bus passenger services.

15.— (1) Subject to subsection (2), the holder of a licence must commence the public bus passenger service within 4 months of the date on which the licence in respect of the service was granted or amended by the Authority.

(2) The Authority may at the request of the licence holder and having satisfied itself as to the validity of the reasons for the request, extend the period referred to in subsection (1) to a date that it shall determine and shall advise the applicant accordingly.

(3) The licence holder shall provide confirmation to the Authority of the commencement of a public bus passenger service within the period set out in subsection (1) or determined under subsection (2).

(4) Where a licence holder fails to comply with the requirement set out in subsection (3), or where the Authority becomes aware of the fact that a public bus passenger service has not been commenced by the appropriate date, it shall notify the licence holder that the licence will be revoked on a date that is 14 days following that notification unless the licence holder provides proof of the commencement of the service before that date.

16.. Renewal of licences.

16.— (1) The holder of a licence may apply to the Authority for the renewal of the licence and the Authority may either renew or refuse to renew the licence.

(2) (a) An application for the renewal of a licence shall be made in a form and manner and be accompanied by other supporting information as the Authority may determine from time to time and the fee relevant to the application for the renewal of a licence determined under section 12.