Public Transport Regulation Act 2009

29.

Amendments to the Act of 2008.

29.— (1) The Act of 2008 is amended—

( a) in section 2—

(i) by the insertion after the definition of “Act of 2002” of the following:

“‘Act of 2003’ means Taxi Regulation Act 2003;”,

(ii) by the insertion after the definition of “cycleway” of the following:

“‘dissolution day for the Commission for Taxi Regulation’ means the day appointed by the Minister by order under section 31 of the Public Transport Regulation Act 2009 for the dissolution of the Commission for Taxi Regulation;”,

and

(iii) by the substitution for the definition of “local authority” of the following:

“‘local authority’ has the meaning assigned to it by the Local Government Act 2001, other than in the context of the exercise of functions under the Act of 2003 where it has the meaning in section 2(1) of that Act.”,

( b) in section 9, by substituting for subsection (2) the following:

“(2) The functional area of the Authority is—

( a) in relation to the exercise of its functions under Part 3, Chapter 2 of this Act, under Part 2 of the Public Transport Regulation Act 2009 and under the Act of 2003, the State,

( b) in relation to all its other functions, the GDA.”,

( c) by substituting for section 10 the following:

“10.— In exercising its functions the Authority shall seek to achieve the following objectives—

( a) the development of an integrated transport system which contributes to environmental sustainability and social cohesion and promotes economic progress,

( b) the provision of a well-functioning, attractive, integrated and safe public transport system of services and networks for all users,

( c) improved access to the transport system and, in particular, to public passenger transport services by persons with disabilities,

( d) increased use of the public transport system,

( e) regulated competition in the provision of licensed public bus passenger services in the public interest,

( f) the objectives set out in section 9 of the Act of 2003,

( g) increased recourse to cycling and walking as means of transport, and

( h) value for money.”,

( d) in section 11(1), by inserting after paragraph ( c) the following:

“( ca) license public bus passenger services that are not subject to a public transport services contract under section 48,

( cb) develop and maintain a regulatory framework for the control and operation of small public service vehicles and their drivers in accordance with the provisions of the Act of 2003,”,

( e) in section 14—

(i) in subsection (1), by substituting “11” for “9”, and

(ii) in subsection (2)( d), by substituting “8” for “6”,

( f) in section 21(7) and (8), by inserting “and sections 39 and 40 of the Public Transport Regulation Act 2009” after “110” and “or the dissolution day for the Commission for Taxi Regulation, or on the day or days specified by the Minister under section 110(1)( e), as appropriate” after “dissolution day” in each place it occurs,

( g) in section 48, by inserting after subsection (11) the following:

“(12) Where the Authority proposes to enter into a public transport services contract, other than a direct award contract to which section 52(3) refers, it shall—

( a) advise any local authority in whose functional area the transport service will operate of the proposal to enter into such a contract, and

( b) invite any such local authority to submit written views in relation to the proposed contract, which it will consider prior to entering into the contract.”,

( h) in sections 48, 52 and 54, by substituting “public bus services” for “public bus passenger services”,

( i) in section 52—

(i) by deleting “within the GDA” in paragraph (1)( b) and paragraph (3)( a), and

(ii) by deleting “, in the GDA” in subsection (2),

( j) by the repeal of section 54,

( k) in section 74(6)( a), by substituting “prepare” for “make”,

( l) in section 76—

(i) by substituting “the Road Safety Authority” for “a consultative body” in subsection (3), and

(ii) by deleting subsections (4) and (5),

( m) in section 78(1), by inserting “of its functions under this Act, under Part 3 of the Act of 2003 with particular reference to section 49 of that Act or under Part 2 of the Public Transport Regulation Act 2009.” for “of its functions under this Act.”.

(2) This section comes into operation on such day or days as may be fixed therefor by order or orders of the Minister and different days may be fixed for different amendments effected by this section.

Annotations:

Editorial Notes:

E5

Power pursuant to subs. (2) exercised (1.01.2011) by Public Transport Regulation Act 2009 (Certain Provisions) (Commencement) (No. 2) Order 2010 (S.I. No. 615 of 2010).

2. The day fixed as the day on which section 29 (insofar as it has not already been commenced) and section 46 of the Public Transport Regulation Act 2009 (No. 37 of 2009) comes into operation is 1 January 2011.

E6

Power pursuant to subs. (2) exercised (1.12.2010) by Public Transport Regulation Act 2009 (Certain Provisions) (Commencement) Order 2010 (S.I. No. 566 of 2010).

2. The day fixed as the day on which Part 2 (other than section 23) and section 29(1)(d) (in so far as it relates to the insertion of paragraph (ca) into section 11(1) of the Dublin Transport Authority Act 2008 (No. 15 of 2008)) of the Public Transport Regulation Act 2009 (No. 37 of 2009) come into operation is 1 December 2010.

E7

Power pursuant to section exercised (1.12.2009) by Public Transport Regulation Act 2009 (Sections 5, 23 and 29) (Commencement) Order 2009 (S.I. No. 466 of 2009).

2. The day appointed as the day on which sections 5, 23 and 29(1)(b), (c) (other than paragraphs (e) and (f) of the amendment effected by that paragraph), (e), (g) to (k) and (2) of the Public Transport Regulation Act 2009 (No. 37 of 2009) come into operation is 1 December 2009.