Public Transport Regulation Act 2009


Number 37 of 2009


PUBLIC TRANSPORT REGULATION ACT 2009

REVISED

Updated to 22 October 2018


This Revised Act is an administrative consolidation of the Public Transport Regulation Act 2009. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, and all statutory instruments up to and including Planning and Development (Amendment) Act 2018 (Commencement) Order 2018 (S.I. No. 436 of 2018), made 18 October 2018, were considered in the preparation of this revision.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and do not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 37 of 2009


PUBLIC TRANSPORT REGULATION ACT 2009

REVISED

Updated to 22 October 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

National Transport Authority Acts 2008 to 2016: this Act is one of a group of Acts included in this collective citation ( Public Transport Act 2016 (3/2016), s. 10(2)). The Acts in this group are:

Dublin Transport Authority Act 2008 (15/2008)

Public Transport Regulation Act 2009 (37/2009), Part 3

Taxi Regulation Act 2013 (37/2013), Part 10

Public Transport Act 2016 (3/2016), s. 1

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1982, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Planning and Development (Amendment) Act 2018 (16/2018)

Competition and Consumer Protection Act 2014 (29/2014)

Road Traffic Act 2014 (3/2014)

Taxi Regulation Act 2013 (37/2013)

All Acts up to and including Markets in Financial Instruments Act 2018 (25/2018), enacted 29 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Regulation of Railways) Regulations 2015 (S.I. No. 249 of 2015)

European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011)

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

Public Transport Regulation Act 2009 (Certain Provisions) (Commencement) (No. 2) Order 2010 (S.I. No. 615 of 2010)

Public Transport Regulation Act 2009 (Dissolution of Commission for Taxi Regulation) Order 2010 (S.I. No. 614 of 2010)

Public Transport Regulation Act 2009 (Certain Provisions) (Commencement) Order 2010 (S.I. No. 566 of 2010)

Public Transport Regulation Act 2009 (Section 44) (Commencement) Order 2009 (S.I. No. 575 of 2009)

Public Transport Regulation Act 2009 (National Transport Authority) (Appointed Day) Order 2009 (S.I. No. 467 of 2009)

Public Transport Regulation Act 2009 (Sections 5, 23 and 29) (Commencement) Order 2009 (S.I. No. 466 of 2009)

All statutory instruments up to and including Planning and Development (Amendment) Act 2018 (Commencement) Order 2018 (S.I. No. 436 of 2018), made 18 October 2018, were considered in the preparation of this revision.


Number 37 of 2009


PUBLIC TRANSPORT REGULATION ACT 2009

REVISED

Updated to 22 October 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title.

2. Definitions.

3. Expenses.

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

PART 2

Licensing of Public Bus Passenger Services

5. Commencement ( Part 2).

6. Requirement to be licensed.

7. Grant of licences.

8. Licence categories and periods of licences.

9. Form of application.

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

11. Offer of grant of licence.

12. Fees.

13. Attachment of conditions to licences.

14. Amendment of licence.

15. Requirement to commence public bus passenger services.

16. Renewal of licences.

17. Death of licence holder.

18. Transfer of licences.

19. Revocation of licences by Authority.

20. Licensing of certain existing public bus passenger services.

21. Deciding officers.

22. Appeals.

23. Guidelines.

24. Offences body corporate and proceedings for offences.

25. General provisions relating to operation of this Part.

26. Notifications and notices.

27. Transitional provision — application for licence under Act of 1932.

28. Repeals ( Part 2).

PART 3

Amendments to Name and Functions of Dublin Transport Authority

29. Amendments to the Act of 2008.

30. National Transport Authority.

PART 4

Dissolution of Commission for Taxi Regulation and transfer of staff and functions of Commission

31. Dissolution of Commission for Taxi Regulation.

32. Transfer of land and other property.

33. Transfer of rights and liabilities.

34. Preservation of existing contracts.

35. Continuance of legal proceedings.

36. References in legislation to Commission.

37. Final accounts.

38. Admissibility in evidence of documents.

39. Transfer of employees of Commission.

40. Transfer of Commissioner for Taxi Regulation to Authority.

41. Transfer of functions of Commission to Dublin Transport Authority.

PART 5

Amendments to Act of 2003, Act of 1993, Act of 2000, Transport (Railway Infrastructure) Act 2001 and Roads Act 2007

42. Amendments to enactments and repeals.

43. Altered references to Commission and Council in Act of 2003.

44. Amendment of Act of 2000.

PART 6

Miscellaneous

45. Competent authority of Article 6 of Directive 2001/14/EC.

46. Measures to enhance public bus services — traffic calming measures.

SCHEDULE 1

Amendment of certain Acts

PART 1

Amendment of Act of 2003

PART 2

Amendment of Act of 1993

PART 3

Amendment of Transport (Railway Infrastructure) Act 2001

PART 4

Amendment of Roads Act 2007

SCHEDULE 2

Amendment of Act of 2003


Acts Referred to

Adoptive Leave Acts 1995 and 2005

Carer’s Leave Act 2001

2001, No. 19

Companies Acts

Dublin Transport Authority Act 2008

2008, No. 15

European Communities Act 1972

1972, No. 27

Finance Act 2002

2002, No. 5

Housing Act 1966

1966, No. 21

Local Government Act 2001

2001, No. 37

Maternity Protection Acts 1994 and 2004

Minimum Notice and Terms of Employment Acts 1973 to 2005

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Acts 1998 and 2006

Planning and Development (Strategic Infrastructure) Act 2006

2006, No. 27

Planning and Development Act 2000

2000, No. 30

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Redundancy Payments Acts 1967 to 2007

Road Traffic Act 1961

1961, No. 24

Road Traffic Act 1994

1994, No. 7

Road Traffic Act 2006

2006, No. 23

Road Traffic and Transport Act 2006

2006, No. 28

Road Transport Act 1932

1932, No. 2

Road Transport Act 1933

1933, No. 8

Roads Act 1993

1993, No. 14

Roads Act 2007

2007, No. 34

Taxes Consolidation Act 1997

1997, No. 39

Taxi Regulation Act 2003

2003, No. 25

Terms of Employment (Information) Acts 1994 and 2001

Transport Act 1958

1958, No. 19

Transport (Railway Infrastructure) Act 2001

2001, No. 55

Transport (Re-organisation of Córas Iompair Éireann) Act 1986

1986, No. 31

Unfair Dismissals Acts 1977 to 2007


Number 37 of 2009


PUBLIC TRANSPORT REGULATION ACT 2009

REVISED

Updated to 22 October 2018


AN ACT TO PROVIDE FOR THE LICENSING OF PUBLIC BUS PASSENGER SERVICES, TO CHANGE THE NAME OF THE DUBLIN TRANSPORT AUTHORITY TO THE NATIONAL TRANSPORT AUTHORITY, TO PROVIDE FOR THE DISSOLUTION OF THE COMMISSION FOR TAXI REGULATION, TO AMEND THE TAXI REGULATION ACT 2003, THE DUBLIN TRANSPORT AUTHORITY ACT 2008 AND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.

[27 th November, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of Act affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies

...

Review of existing plans

46. ...

(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

37

2009

Public Transport Regulation Act 2009

...