Public Transport Regulation Act 2009

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.