Dublin Transport Authority Act 2008

56A

F36 [ Powers of Authority to make bye-laws for public passenger transport services (other than rail passenger services), enforcement etc.

56A. (1) Subject to subsection (8) , bye-laws may be made by the Authority in relation to the performance by the Authority of any function conferred on it in connection with the provision of public passenger transport services (other than in respect of a rail passenger service, including light railway and metro) whether pursuant to a public transport services contract or a direct award contract under section 52 , other than in respect of such a contract awarded by the Authority to Dublin Bus or Bus É ireann, in relation to any one or more of the following matters:

(a) the general regulation, subject to any statutory provisions in that behalf, of the travelling by way of or use of such means of transport services, (including a requirement to travel with a valid ticket or pass and the issue of such);

(b) the prevention of the commission of nuisances in or upon such means of transport services;

(c) the prevention of damage to such means of transport services;

(d) the removal from or the prohibition of the use on such means of transport services of any vehicle or thing which is or may become a danger to life, health, the provision or the operation of public passenger transport services or would otherwise interfere with the proper provision or the operation of such transport services;

(e) the safe custody and return or disposal of any property found on a vehicle or equipment used in the provision of public passenger transport services.

(2) Bye-laws under this section may contain such incidental, subsidiary and ancillary provisions as the Authority considers necessary or expedient for the purposes of the bye-laws.

(3) The Authority may provide for reasonable charges in respect of matters provided for in bye-laws made by it under this section.

(4) Whenever the Authority proposes to make bye-laws under this section, the following provisions have effect

(a) the Authority shall, publish notice of the proposal

(i) on its website, and

(ii) in at least 2 national newspapers circulating within the State or in the area to which the bye-laws relate,

(b) the notice shall include

(i) a statement of the purposes for which the bye-laws are to be made,

(ii) an intimation that

(I) a copy of the draft bye-laws is open for public inspection at the principal offices in the State of the Authority, and

(II) the draft bye-laws are published on the Authority s website,

and

(iii) an intimation that any person may submit to the Authority objections to the draft bye-laws at any time during the period of 30 days commencing on the date of the publication of the notice,

(c) the Authority shall, during that period of 30 days, keep a copy of the draft bye-laws open for public inspection during ordinary office hours at its principal offices, and publish the draft on its website,

(d) any person who objects to the draft bye-laws may submit his or her objection to the Authority in writing at any time during that period of 30 days and the Authority shall consider the objections, and

(e) on the completion of that period of 30 days, the Authority shall as it thinks proper, refrain from making the bye-laws or make the bye- laws either without modification or with modification as it thinks proper.

(5) The Authority shall publish bye-laws made by it under this section on its website.

(6) Such details of bye-laws under this section shall be displayed on a public transport vehicle or equipment used in the provision of public passenger transport services, where practicable, in conspicuous places in such manner as the Authority considers best adapted for giving information to the public.

(7) The failure to publish under subsection (5) or any absence to display under subsection (6) is not a defence to a contravention of or failure to comply with bye-laws under this section.

(8) Bye-laws under this section shall not be made without the prior written consent of the Minister.

(9) A person who contravenes or fails to comply with a bye-law under this section which is stated in the bye-laws to be a penal provision commits an offence and is liable on summary conviction to a class D fine.

(10) The liability of an offender to a fine under subsection (9) does not prejudice the recovery of any fare, tariff or fee payable by him or her to the Authority or the person providing the public passenger transport services for any damage caused by him or her to property of the Authority or such person.

(11) Every bye-law made by the Authority under this section shall be laid before each House of the Oireachtas, as soon as may be after it is made and, if a resolution annulling the bye-law is passed by either such House within the next 21 days on which that House sits after the bye-law is laid before it, the bye-law is annulled, but without prejudice to anything previously done under it. ]

Annotations:

Amendments:

F36

Inserted (8.02.2016) by Public Transport Act 2016 (3/2016), s. 10(c), commenced on enactment.

Editorial Notes:

E11

Power pursuant to section exercised (1.07.2019) by National Transport Authority (Public Passenger Transport Services) Bye-Laws 2019 (S.I. No. 273 of 2019), in effect as per art. 1(2).