2009_act_37

Public Transport Regulation Act 2009

2 Articles / Provisions · Ireland

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Statutory Text (2 Articles)

ISB Act 2009-11-27

Schedule 1 Public Transport Regulation Act 2009 Open official source

SCHEDULE 1 Amendment of certain Acts

SCHEDULE 1

Amendment of certain Acts

Section 42 (1).

PART 1 Amendment of Act of 2003

PART 1

Amendment of Act of 2003

Item

Provision amended

Nature of Amendment

(1)

(2)

(3)

Section 34

The substitution for subsection (8) of the following: “(8) The Commission, in making regulations under this section, may set different requirements and conditions— (a) in relation to the licensing and operation of different categories of small public service vehicles and their drivers, (b) for different circumstances, and (c) for different areas.”.

The substitution for subsection (8) of the following

“(8) The Commission, in making regulations under this section, may set different requirements and conditions—

(a) in relation to the licensing and operation of different categories of small public service vehicles and their drivers,

(b) for different circumstances, and

Section 36 (as amended by section 21 of the Road Traffic Act 2006)

The insertion after subsection (6) of the following: “(7) A reference to an offence mentioned in subsection (1) or (5) includes a reference to a corresponding offence under the law of a country or territory outside the State for which an applicant for or the holder of a licence has been convicted in the other jurisdiction.”.

The insertion after subsection (6) of the following

“(7) A reference to an offence mentioned in subsection (1) or (5) includes a reference to a corresponding offence under the law of a country or territory outside the State for which an applicant for or the holder of a licence has been convicted in the other jurisdiction.”.

Section 38(3)

The insertion after paragraph (b) of the following: “(bb) in the case of dispatch operators, wheelchair accessible taxi licences and such other categories of small public service vehicle licence to be decided by the Commission, the contact information of the holder for the purpose of making and receiving bookings, together with details in relation to the holder’s area and hours of operation,”.

The insertion after paragraph (b) of the following

“(bb) in the case of dispatch operators, wheelchair accessible taxi licences and such other categories of small public service vehicle licence to be decided by the Commission, the contact information of the holder for the purpose of making and receiving bookings, together with details in relation to the holder’s area and hours of operation,”.

Section 43

Substitute the following section: “43.—(1) A person shall not drive or use a mechanically propelled vehicle capable of being licensed as, or licensed as, a small public service vehicle in a public place (within the meaning of the Act of 1961) for the carriage of persons for reward unless the person holds a licence to drive a small public service vehicle. (2) A person shall not drive or use a mechanically propelled vehicle capable of being licensed as a small public service vehicle in a public place (within the meaning of the Act of 1961) for the carriage of persons for reward unless there is a small public service vehicle licence in force in respect of the vehicle. (3) Subsections (1) and (2) apply equally to a person who is renting or leasing a mechanically propelled vehicle capable of being licensed as, or licensed as a small public service vehicle, and who is using that vehicle in a public place for the carriage of persons for reward. (4) The holder of a small public service vehicle licence shall not rent or lease his or her small public service vehicle to another person for the purpose of the carriage of persons for reward or otherwise agree to allow that other person to drive or use his or her small public service vehicle for that purpose unless he or she is satisfied that there continues to be a small public service vehicle licence in force in respect of the vehicle concerned for the duration of the term of the lease or agreement. (5) A person who contravenes subsection (1), (2), (3) or (4) commits an offence. (6) Where an authorised person has reasonable cause to suspect that an offence is being or has been committed under this Act or under regulations made under this Act or under section 82 of the Act of 1961, an authorised person, in the presence of a member of the Garda Síochána in uniform, may seize and detain any small public service vehicle or mechanically propelled vehicle purporting to be a small public service vehicle, or internal or external vehicle signage or identification for so long as is necessary. (7) In this section— “ small public service vehicle licence ” means a licence, in respect of a small public service vehicle, granted under regulations made under section 34 or section 82 of the Act of 1961; “ use ” includes the stopping, parking of a mechanically propelled vehicle or the vehicle standing for hire at an appointed stand.”.

Substitute the following section

“43.—(1) A person shall not drive or use a mechanically propelled vehicle capable of being licensed as, or licensed as, a small public service vehicle in a public place (within the meaning of the Act of 1961) for the carriage of persons for reward unless the person holds a licence to drive a small public service vehicle.

(2) A person shall not drive or use a mechanically propelled vehicle capable of being licensed as a small public service vehicle in a public place (within the meaning of the Act of 1961) for the carriage of persons for reward unless there is a small public service vehicle licence in force in respect of the vehicle.

(3) Subsections (1) and (2) apply equally to a person who is renting or leasing a mechanically propelled vehicle capable of being licensed as, or licensed as a small public service vehicle, and who is using that vehicle in a public place for the carriage of persons for reward.

(4) The holder of a small public service vehicle licence shall not rent or lease his or her small public service vehicle to another person for the purpose of the carriage of persons for reward or otherwise agree to allow that other person to drive or use his or her small public service vehicle for that purpose unless he or she is satisfied that there continues to be a small public service vehicle licence in force in respect of the vehicle concerned for the duration of the term of the lease or agreement.

(5) A person who contravenes subsection (1), (2), (3) or (4) commits an offence.

(6) Where an authorised person has reasonable cause to suspect that an offence is being or has been committed under this Act or under regulations made under this Act or under section 82 of the Act of 1961, an authorised person, in the presence of a member of the Garda Síochána in uniform, may seize and detain any small public service vehicle or mechanically propelled vehicle purporting to be a small public service vehicle, or internal or external vehicle signage or identification for so long as is necessary.

(7) In this section—

“ small public service vehicle licence ” means a licence, in respect of a small public service vehicle, granted under regulations made under section 34 or section 82 of the Act of 1961;

“ use ” includes the stopping, parking of a mechanically propelled vehicle or the vehicle standing for hire at an appointed stand.”.

PART 2 Amendment of Act of 1993

PART 2

Amendment of Act of 1993

Item

Provision amended

Nature of Amendment

(1)

(2)

(3)

Section 22(2)

The deletion of “(including the preparation of a draft plan under section 18)”.

Section 61 (as amended by section 274 of the Act of 2000)

The insertion after subsection (9) of the following: “(10) A person who contravenes a bye-law made under this section commits an offence.”.

The insertion after subsection (9) of the following

“(10) A person who contravenes a bye-law made under this section commits an offence.”.

Section 64(3) (inserted by section 4 of the Roads Act 2007)

Substitute the following paragraph for paragraph (a): “(a) the vehicle is registered in the State (other than in the circumstances referred to in paragraph (c))— (i) the registered owner of the vehicle, and (ii) the person, whom the road undertaking concerned can reasonably ascertain, keeps or has possession or charge (including arising from a leasing arrangement) of the vehicle in the State,”.

Substitute the following paragraph for paragraph (a)

“(a) the vehicle is registered in the State (other than in the circumstances referred to in paragraph (c))—

(i) the registered owner of the vehicle, and

(ii) the person, whom the road undertaking concerned can reasonably ascertain, keeps or has possession or charge (including arising from a leasing arrangement) of the vehicle in the State,”.

Section 77

The repeal of that section.

Section 81(1) (inserted by section 11 of the Roads Act 2007)

In paragraph (c), the insertion of “61(10)”, after “45(3),”.

PART 3 Amendment of Transport (Railway Infrastructure) Act 2001

PART 3

Amendment of Transport (Railway Infrastructure) Act 2001

Item

Provision amended

Nature of Amendment

(1)

(2)

(3)

Section 25

The substitution for subsection (7) of the following: “(7) Each scheme made under this section shall make provision for appeals.”.

The substitution for subsection (7) of the following

“(7) Each scheme made under this section shall make provision for appeals.”.

Section 44 (inserted by section 49 of the Act of 2006)

In subsection (2), the insertion after paragraph (i) of the following: “(j) designate the railway to which the order relates as a light railway or as a metro.”. The deletion of subsection (4).

In subsection (2), the insertion after paragraph (i) of the following

“(j) designate the railway to which the order relates as a light railway or as a metro.”.

The deletion of subsection (4).

Section 45(1) (inserted by section 49 of the Act of 2006)

The insertion after paragraph (c) of the following: “(d) the form of any vesting order as may be prescribed pursuant to section 82(1) of the Housing Act 1966, shall be the prescribed form of a vesting order to be used by the Agency or CIÉ,”.

The insertion after paragraph (c) of the following

“(d) the form of any vesting order as may be prescribed pursuant to section 82(1) of the Housing Act 1966, shall be the prescribed form of a vesting order to be used by the Agency or CIÉ,”.

PART 4 Amendment of Roads Act 2007

PART 4

Amendment of Roads Act 2007

Item

Provision amended

Nature of Amendment

(1)

(2)

(3)

Section 9(1)

The substitution in paragraph (e)(ii) of “subsection (3)(a)(vii)” for “subsection (3)(a)(vi)”.

Section 13(d)

The substitution of “42(11)” for “41(11)”.

Schedule

The substitution in column 2, opposite the mention in column 1 of Section 47, of “substitution” for “insertion”.

ISB Act 2009-11-27

Schedule 2 Public Transport Regulation Act 2009 Open official source

SCHEDULE 2 Amendment of Act of 2003

SCHEDULE 2

Amendment of Act of 2003

Section 42(2).

Item

Provision amended

Nature of Amendment

(1)

(2)

(3)

Section 2(1)

The insertion after the definition of “Act of 2002” of the following: “ ‘ Advisory Committee ’ means the Advisory Committee on Small Public Service Vehicles;”. The insertion after the definition of “authorised person” of the following: “ ‘ Authority ’ means Dublin Transport Authority, until the day appointed as the appointed day for the purposes of section 30 of the Public Transport Regulation Act 2009 and from that day National Transport Authority;”. The deletion of the definition of “ Council ”. The insertion after the definition of “ Commissioner ” of the following: “ ‘ dissolution day for the Commission ’ means the day appointed by the Minister under section 31 of the Public Transport Regulation Act 2009 for the dissolution of the Commission for Taxi Regulation;”.

The insertion after the definition of “Act of 2002” of the following

“ ‘ Advisory Committee ’ means the Advisory Committee on Small Public Service Vehicles;”.

The insertion after the definition of “authorised person” of the following

“ ‘ Authority ’ means Dublin Transport Authority, until the day appointed as the appointed day for the purposes of section 30 of the Public Transport Regulation Act 2009 and from that day National Transport Authority;”.

The deletion of the definition of “ Council ”.

The insertion after the definition of “ Commissioner ” of the following

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

Section 8

Substitute the following section: “8.—Subject to this Act, the Authority shall be independent in the exercise of its functions in relation to the development and maintenance of a regulatory framework for the control and operation of small public service vehicles and their drivers.”.

Substitute the following section

“8.—Subject to this Act, the Authority shall be independent in the exercise of its functions in relation to the development and maintenance of a regulatory framework for the control and operation of small public service vehicles and their drivers.”.

Section 22

Substitute the following section: “22.—(1) Where a member of the staff of the Authority, or a consultant, adviser or other person engaged by the Authority, has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Authority in relation to its functions under this Act, he or she— (a) shall disclose to the Authority the nature of his or her interest in advance of any consideration of the matter, (b) shall neither influence nor seek to influence a decision in relation to the matter, (c) shall take no part in any consideration of the matter, unless there are compelling reasons requiring him or her to do so, and (d) shall prepare and furnish to the Authority a statement in writing of the compelling reasons. (2) For the purposes of this section but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if he or she or any member of his or her household— (a) holds a licence, (b) or any nominee of his or her is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection, (c) is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter, or (d) is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates. (3) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or material to, any matter, by reason only of an interest of his or hers or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter. (4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to comply with the requirements of subsection (1), the question shall be determined by the Authority. (5) Where a disclosure is made to the Authority, particulars of the disclosure shall be recorded in the minutes of any meeting concerned. (6) Where a person referred to in this section fails to make a disclosure in accordance with this section, the Authority shall decide the appropriate action (including removal from office or termination of contract) to be taken.”.

Substitute the following section

“22.—(1) Where a member of the staff of the Authority, or a consultant, adviser or other person engaged by the Authority, has a pecuniary interest or other beneficial interest in, or material to, any matter which falls to be considered by the Authority in relation to its functions under this Act, he or she—

(a) shall disclose to the Authority the nature of his or her interest in advance of any consideration of the matter,

(b) shall neither influence nor seek to influence a decision in relation to the matter,

(c) shall take no part in any consideration of the matter, unless there are compelling reasons requiring him or her to do so, and

(d) shall prepare and furnish to the Authority a statement in writing of the compelling reasons.

(2) For the purposes of this section but without prejudice to the generality of subsection (1), a person shall be regarded as having a beneficial interest if he or she or any member of his or her household—

(a) holds a licence,

(b) or any nominee of his or her is a member of a company or any other body which has a beneficial interest in, or material to, a matter referred to in that subsection,

(c) is in partnership with or is in the employment of a person who has a beneficial interest in, or material to, such a matter, or

(d) is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates.

(3) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or material to, any matter, by reason only of an interest of his or hers or of any company or of any other body or person mentioned in subsection (2) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering, discussing or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(4) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him or her to comply with the requirements of subsection (1), the question shall be determined by the Authority.

(5) Where a disclosure is made to the Authority, particulars of the disclosure shall be recorded in the minutes of any meeting concerned.

(6) Where a person referred to in this section fails to make a disclosure in accordance with this section, the Authority shall decide the appropriate action (including removal from office or termination of contract) to be taken.”.

Section 28

Substitute the following section: “28.—(1) The Authority shall draw up and adopt a strategy plan reflecting its statutory functions under this Act. (2) The Authority’s first strategy plan shall have regard to any existing strategy statement adopted by the Commission for Taxi Regulation under this Act or any work done on a new strategy statement before the dissolution day for the Commission. (3) A strategy plan under this section shall— (a) be adopted within two years of the establishment of the Authority and every 5 years thereafter, (b) take into account the principal function and objectives set out in section 9 and any Ministerial direction, and (c) comprise the key objectives, outputs and related strategies, including use of resources, of the Authority in relation to small public service vehicles and their drivers. (4) The Authority shall present a copy of a strategy plan to the Minister and to such committees of either or both Houses of the Oireachtas as the Minister may, from time to time, direct. (5) Prior to the adoption of a strategy plan and its presentation to the Minister, the Authority shall undertake a public consultation process on a draft of the strategy plan. (6) The Authority shall publish a strategy plan drawn up and adopted under this section.”.

Substitute the following section

“28.—(1) The Authority shall draw up and adopt a strategy plan reflecting its statutory functions under this Act.

(2) The Authority’s first strategy plan shall have regard to any existing strategy statement adopted by the Commission for Taxi Regulation under this Act or any work done on a new strategy statement before the dissolution day for the Commission.

(3) A strategy plan under this section shall—

(a) be adopted within two years of the establishment of the Authority and every 5 years thereafter,

(b) take into account the principal function and objectives set out in section 9 and any Ministerial direction, and

(c) comprise the key objectives, outputs and related strategies, including use of resources, of the Authority in relation to small public service vehicles and their drivers.

(4) The Authority shall present a copy of a strategy plan to the Minister and to such committees of either or both Houses of the Oireachtas as the Minister may, from time to time, direct.

(5) Prior to the adoption of a strategy plan and its presentation to the Minister, the Authority shall undertake a public consultation process on a draft of the strategy plan.

(6) The Authority shall publish a strategy plan drawn up and adopted under this section.”.

Section 31

Substitute the following section: “31.—Subject to section 38 of the Dublin Transport Authority Act 2008, the Authority may publish any reports or codes of practice on matters related to its functions under this Act.”.

Substitute the following section

“31.—Subject to section 38 of the Dublin Transport Authority Act 2008, the Authority may publish any reports or codes of practice on matters related to its functions under this Act.”.

Section 50(2)

Substitute the following paragraph for paragraph (a): “(a) meeting the expenses properly incurred by the Authority in the discharge of its functions under this Act, the Dublin Transport Authority Act 2008 and the Public Transport Regulation Act 2009, and”.

Substitute the following paragraph for paragraph (a)

“(a) meeting the expenses properly incurred by the Authority in the discharge of its functions under this Act, the Dublin Transport Authority Act 2008 and the Public Transport Regulation Act 2009, and”.

Section 54(1)

Substitute the following subsection: “54.—(1) The name of the Advisory Council to the Commission for Taxi Regulation (An Chomhairle don Choimisiún um Rialáil Tacsaithe) is changed to, in the English language, the Advisory Committee on Small Public Service Vehicles or, in the Irish language, An Coiste Comhairleach um Beagfheithiclí Seirbhíse Poiblí, and in this Act is referred to as the ‘Advisory Committee’. The Advisory Committee continues in being to perform the functions assigned to it under this Part.”.

Substitute the following subsection

“54.—(1) The name of the Advisory Council to the Commission for Taxi Regulation (An Chomhairle don Choimisiún um Rialáil Tacsaithe) is changed to, in the English language, the Advisory Committee on Small Public Service Vehicles or, in the Irish language, An Coiste Comhairleach um Beagfheithiclí Seirbhíse Poiblí, and in this Act is referred to as the ‘Advisory Committee’. The Advisory Committee continues in being to perform the functions assigned to it under this Part.”.

Section 55

In subsection (2), substitute the following paragraphs for paragraph (a)(iii) and (iv): “(iii) the preparation and review of the strategy plan provided for in section 28, (iv) the draft transport strategy and draft integrated implementation plan under sections 12 and 13 of the Dublin Transport Authority Act 2008 in relation to issues relevant to small public service vehicles and their drivers, and (v) any other matters related to the functions of the Authority or which the Authority submits to the Advisory Committee for advice, other than matters related to decisions of the Authority in individual cases,”. In subsection (7), substitute “section 38 of the Dublin Transport Authority Act 2008” for “section 21”.

In subsection (2), substitute the following paragraphs for paragraph (a)(iii) and (iv)

“(iii) the preparation and review of the strategy plan provided for in section 28,

(iv) the draft transport strategy and draft integrated implementation plan under sections 12 and 13 of the Dublin Transport Authority Act 2008 in relation to issues relevant to small public service vehicles and their drivers, and

(v) any other matters related to the functions of the Authority or which the Authority submits to the Advisory Committee for advice, other than matters related to decisions of the Authority in individual cases,”.

In subsection (7), substitute “section 38 of the Dublin Transport Authority Act 2008” for “section 21”.

Public Transport Regulation Act 2009

Statutory Text (2 Articles)

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