Dublin Transport Authority Act 2008

56C

F38 [ Powers of authorised person

56C. (1) If an authorised person appointed in accordance with section 56B reasonably suspects that a person

(a) is contravening or has contravened or is failing or has failed to comply with a bye-law made under section 56A which is stated to be a penal provision,

(b) is assaulting or has assaulted or is causing or has caused deliberate harm to another on a public passenger transport service to which section 56A applies,

(c) is obstructing or has obstructed or is impeding or has impeded an authorised person exercising a function of an authorised person under this section or under any bye-laws made under section 56A ,

(d) on any public transport service to which section 56A applies is intoxicated or is committing or has committed an offence under section 15 of the Misuse of Drugs Act 1977 , or

(e) if requested by an authorised person to cease such contravention or action or to so comply, fails to comply with the request,

he or she may

(i) using such reasonable force as the circumstances require, remove or escort the person from the public passenger transport service or any part of it,

(ii) in circumstances where the authorised person considers it to be justified, arrest the person without warrant, or

(iii) require the person to give his or her name and address and, if the person fails or refuses to do so or gives a name that the authorised person reasonably suspects is false or misleading, arrest that person without warrant,

and, if he or she is not a member of the Garda S í och á na, deliver, as soon as practicable, the person, if arrested, into the custody of a member of the Garda S í och á na to be dealt with according to law.

(2) A person who fails or refuses to give his or her name or address when required under subsection (1) , or gives a name or address which he or she knows to be false or misleading, commits an offence and is liable on summary conviction to a class D fine.

(3) The arrest of a person under this section does not prejudice the re-arrest of the person by a member of the Garda S í och á na.

(4) In this section a reference to the committal of an offence or an act includes a reference to an attempt to commit the offence or the act.

(5) In this section and section 56D authorised person means a person appointed under section 56B(1) or a member of the Garda S í och á na whose attendance is requested by an authorised person or by the Authority. ]

Annotations:

Amendments:

F38

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