Public Transport Regulation Act 2009

46.

Measures to enhance public bus services — traffic calming measures.

46.— (1) Section 38 of the Act of 1994 is amended by substituting for subsection (9) the following:

“(9) In this section—

“bus” means a mechanically propelled vehicle designed for travel by road having seating accommodation for more than 9 persons (including the driver);

“provide” includes erect or place, maintain and (in the case of an instrument for giving signals by mechanical means) operate;

“public bus service” means the use of a bus or buses travelling wholly or mainly on public roads for the carriage of passengers in such a manner that—

( a) the service is provided on a regular and scheduled basis,

( b) each journey is open to use by members of the public,

( c) carriage is provided for passengers between specified terminal points or along a specified route or otherwise in accordance with a published timetable, and

( d) a charge or charges are paid in respect of each passenger;

“traffic calming measures” means measures which—

( a) enhance the provision of public bus services, including measures which restrict or control access to all or part of a public road by mechanically propelled vehicles (whether generally or of a particular class) for the purpose of enhancing public bus services, or

( b) restrict or control the speed or movement of, or which prevent, restrict or control access to a public road or roads by, mechanically propelled vehicles (whether generally or of a particular class) and measures which facilitate the safe use of public roads by different classes of traffic (including pedestrians and cyclists),

and includes for the purposes of the above the provision of traffic signs, road markings, bollards, posts, poles, chicanes, rumble areas, raised, lowered or modified road surfaces, ramps, speed cushions, speed tables or other similar works or devices, islands or central reservations, roundabouts, modified junctions, works to reduce or modify the width of the roadway and landscaping, planting or other similar works.”.

(2) Section 179(6) of the Act of 2000 is amended by inserting after paragraph ( b) the following:

“( bb) consists of works, other than works involving road widening, to enhance public bus services or improve facilities for cyclists provided under section 95 (as amended by section 37 of the Road Traffic Act 1994) of the Road Traffic Act 1961 or under section 38 of the Road Traffic Act 1994,”.

(3) Where the Authority considers it more convenient, more expeditious, more effective or more economic that the functions of a road authority to provide traffic signs under section 95 (as amended by section 37 of the Act of 1994) of the Act of 1961 or to provide traffic calming measures under section 38 of the Act of 1994 should be performed by it to enhance public bus services or improve facilities for cyclists, it shall following consultation with the relevant road authority decide to provide traffic signs or traffic calming measures.

(4) Where the Authority decides to perform functions under subsection (3) it has the powers of a road authority to provide traffic signs under section 95 (as amended by section 37 of the Act of 1994) of the Act of 1961 or to provide traffic calming measures under section 38 of the Act of 1994.

(5) Before carrying out works arising from a decision under subsection (3) the Authority shall consult with and consider the views of the relevant road authority.

(6) The Minister may prescribe a class of case in which a decision by the Authority under subsection (3) does not have effect unless and until it is approved by him or her.

(7) A road authority shall not restrict or inhibit the operation of traffic calming measures provided by the Authority under subsection (3) without the prior consent of the Authority.

(8) In this section—

“Act of 1961” means Road Traffic Act 1961;

“Act of 1994” means Road Traffic Act 1994;

“road authority” has the meaning assigned to it by the Act of 1993;

“public bus service” and “traffic calming measures” have the meanings assigned to them, respectively, under section 38(9) of the Act of 1994.

(9) 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 or different amendments effected by this section or for different provisions.

Annotations:

Editorial Notes:

E11

Power pursuant to subs. (9) 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.