Dublin Transport Authority Act 2008

59.

Fares scheme.

59.— (1) The Authority may develop, procure, implement, operate and maintain a fares scheme for public transport in the GDA or such other areas or public passenger transport services as may be specified by the Minister under section 63 .

(2) The Authority may assign any or all of its functions in relation to the development, procurement, implementation and maintenance of a fares scheme to a third party.

(3) The Authority may terminate or vary at any time an assignment of functions under subsection (2).

(4) Notwithstanding any enactment, other rules of law or, in the case of a company any provision contained in the memorandum and articles of association of that company, the Authority shall give a direction to all or such public transport operators as it considers appropriate—

( a) to be members of a fares scheme,

( b) concerning the means and frequency by which costs and revenues are to be shared amongst members of the scheme in a transparent and non-discriminatory manner,

( c) concerning the equipment required by the Authority and the members of the scheme for the operation of the scheme,

( d) concerning procedures for the provision, maintenance and confidentiality of data required to operate the scheme,

( e) concerning procedures for the resolution of grievances, and

( f) concerning the retention of moneys to cover the administrative costs of operating the scheme.

(5) Notwithstanding subsection (4), where the Authority and a public transport operator which is not providing public passenger transport services in accordance with a public transport services contract agree to do so, the Authority may enter into an agreement with such public transport operator for the purposes of the public transport operator being a member of a fares scheme.

(6) Where the Authority—

( a) gives a direction under subsection (4)(a) to a public transport operator which is not providing public passenger transport services in accordance with a public transport services contract it shall, or

( b) makes an agreement under subsection (5) it may,

reimburse the public transport operator such net loss of revenue, if any, in relation to participation in such scheme and in assessing such net loss of revenue, the Authority shall take into account revenue losses incurred or likely to be incurred by the operator which would not otherwise have been incurred, less any additional revenue or other benefits received or likely to be received by the operator by virtue of participating in such a scheme.

(7) Where the Authority terminates or varies an assignment in accordance with subsection (3), it shall recompense the assignee for the reasonable costs, if any, incurred by it up to the time of termination or variation.

(8) In this section “fares scheme” means a scheme made by the Authority which specifies the nature, conditions and levels of fares to be charged by members of the scheme for journeys made on public passenger transport services and for any ancillary matters.