First Previous (PART I Preliminary and General) Next (PART III Planning)

15 1986

DUBLIN TRANSPORT AUTHORITY ACT, 1986

PART II

Dublin Transport Authority

Establishment of Authority.

7. —There shall, by virtue of this section, be established on the establishment day a body to be known as Iompras Bhaile Átha Cliath or, in the English language, the Dublin Transport Authority (in this Act referred to as “the Authority”) to perform the functions assigned to it by or under this Act.

General duties and functions of Authority.

8. —(1) The Authority shall perform the functions assigned to it by or under this Act so as to ensure as far as possible the proper and efficient planning and operation of road and rail transport in its functional area.

(2) The Authority shall, on request, advise the Minister or the Minister for the Environment on any matter relating to its functions or relating to the proper and efficient planning and operation of road and rail transport in its functional area.

(3) The Authority shall consult with the local authorities in its functional area in relation to any measures which it intends to take under this Act.

(4) In the performance of its functions, the Authority may—

(a) promote, engage in and participate in programmes of public education relating to road and rail transport in the Authority's functional area, and

(b) promote, engage in and participate in research relating to road and rail transport in the Authority's functional area.

(c) promote the greater use of public transport within the Authority's functional area.

Assignment of additional functions to Authority.

9. —(1) The Minister, with the consent of the Minister for Finance and the Minister for the Public Service, and where matters within the responsibility of the Minister for the Environment are concerned with the consent also of that Minister, may by order confer on the Authority such additional functions, in relation to road and rail transport planning, resources or operations in its functional area, as the Minister thinks proper and specifies in the order.

(2) An order under this section may provide for the performance of the additional functions subject to conditions specified in the order, and may contain such incidental and supplementary provisions as the Minister thinks necessary or expedient for giving full effect to the order.

(3) An order under this section may specify the functional area in which the additional functions conferred by the order are to be performed and may contain such adaptations or modifications of other enactments as the Minister thinks necessary.

(4) The Minister, with the consent as aforesaid, may by order amend or revoke an order under this section.

(5) When an order under this section is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

Authority's functional area.

10. —(1) Subject to subsection (2), the Authority shall perform its functions in relation to the area (in this Act referred to as “the Authority's functional area”) comprising the county borough of Dublin and the administrative county of Dublin.

(2) The Minister may by order from time to time declare that the Authority shall perform such of its functions as may be specified in the order in relation to such other contiguous area or areas (in addition to that referred to in subsection (1)), or in relation to such portion of the Authority's functional area as may be specified in the order and, while such an order is in force, subsection (1) shall be construed accordingly.

(3) The Minister may by order amend or revoke an order under this section.

(4) When an order under this section is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

Application of Schedule.

11. —The Schedule shall apply in relation to the Authority.

Directions to Authority.

12. —(1) The Minister may, with the consent of any other Minister concerned, give to the Authority such general directions in writing concerning the traffic management objectives of the Authority or its administration as he considers appropriate.

(2) The Authority shall comply with any direction under this section.

Chief Executive.

13. —(1) The Authority shall from time to time appoint in a wholetime capacity a person to be the chief officer of the Authority and such officer is referred to in this Act as “the chief executive”.

(2) The chief executive shall not hold any other office or position without the consent of the Authority.

Officers and servants.

14. —(1) The Authority may appoint such and so many persons to be its officers (in addition to the chief executive) and servants as, subject to the approval of the Minister, it from time to time thinks proper.

(2) An officer (including the chief executive) or servant of the Authority shall hold his office or employment on such terms and conditions as the Authority, subject to the approval of the Minister given after consultation with the Minister for the Environment and with the consent of the Minister for the Public Service, may from time to time determine.

(3) There shall be paid by the Authority to its officers (including the chief executive) and servants such remuneration and allowances as it, subject to the approval of the Minister given after consultation with the Minister for the Environment and with the consent of the Minister for the Public Service, may from time to time determine.

(4) The Authority may, at any time for stated reasons, remove any officer (including the chief executive) or servant of the Authority from being its officer or servant.

Traffic wardens.

15. —(1) With effect from the commencement of this section, such persons, being authorised persons appointed by the Commissioner of the Garda Síochána in accordance with section 103 of the Act of 1961 and employed in the Authority's functional area immediately before such commencement, as are designated by him, after consultation with the Authority, shall be deemed to be in the employment of the Authority.

(2) (a) Save in accordance with a collective agreement negotiated with any recognised trade union concerned, a person deemed to be in the employment of the Authority in accordance with subsection (1) shall not, while in such employment, receive a lesser scale of pay or have imposed on him less beneficial conditions of service than the scale of pay to which he was entitled and the conditions of service to which he was subject immediately before the commencement of this section.

(b) Until such time as the scales of pay and conditions of service of persons deemed to be in the employment of the Authority in accordance with subsection (1) are varied by the Authority following consultation with a recognised trade union, the scales of pay to which such persons were entitled and the conditions of service of such persons before their transfer under that subsection shall continue to apply to them.

(c) In this subsection “recognised trade union” means a trade union recognised by the Authority for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions, of the persons deemed to be in the employment of the Authority in accordance with subsection (1).

(3) The following subsections are hereby substituted for subsections (1) and (2) of section 2 of the Local Authorities (Traffic Wardens) Act, 1975 :

“(1) (a) The Dublin Transport Authority, after consultation with the Commissioner of the Garda Síochána, may make arrangements for the carrying out of the functions specified in subsection (2) of this section in the Authority's functional area by persons employed by the Authority.

(b) A local authority all or part of whose functional area is not situate in the functional area of the Dublin Transport Authority may, after consultation with the Commissioner of the Garda Síochána, make arrangements for the carrying out of the functions specified in subsection (2) of this section in the functional area of the authority or in such part of the functional area of the authority not situate in the Authority's functional area by persons employed by the authority.

(2) The functions referred to in subsection (1) of this section are—

(a) functions in respect of offences under the Road Traffic Acts, 1961 to 1984, or the Dublin Transport Authority Act, 1986, which relate to the prohibition or restriction of the stopping or parking of mechanically propelled vehicles,

(b) functions relating to the offence under regulations made under the Roads Act, 1920, of not attaching to and carrying on a vehicle in the manner prescribed by those regulations a licence in respect of the vehicle issued under that Act,

(c) such other functions as may be declared by the Minister by regulations made with the consent of the Minister for Justice, and different regulations may be made under this subsection for different areas.”.

(4) The following subsection is hereby substituted for subsection (1) of section 3 of the Local Authorities (Traffic Wardens) Act, 1975 :

“(1) This section applies to such of the following offences as may be declared by the Minister by regulations, made after consultation with the Minister for Justice, to be offences to which this section applies, namely, any offence under regulations made under section 2 (c) (inserted by the Dublin Transport Authority Act, 1986) of this Act and any offence under the Road Traffic Acts, 1961 to 1984, or the Dublin Transport Authority Act, 1986, which relates to the prohibition or restriction of the stopping or parking of mechanically propelled vehicles and the offence under regulations made under the Roads Act, 1920, of not attaching to and carrying on a vehicle in the manner prescribed by those regulations a licence in respect of the vehicle issued under that Act.”.

(5) The following subsections are hereby substituted for subsections (2) to (4) of section 3 of the Local Authorities (Traffic Wardens) Act, 1975 :

“(2) Where a traffic warden has reasonable grounds for believing that a person is committing or has committed an offence to which this section applies he may deliver to the person a notice in the prescribed form stating—

(a) that the person is alleged to have committed the offence,

(b) that the person may, during the period of 21 days beginning on the date of the notice, make to the local authority or to the Dublin Transport Authority (as may be specified in the notice) a payment of a prescribed amount, accompanied by the notice,

(c) that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(3) Where a traffic warden has reasonable grounds for believing that an offence to which this section applies, involving the use of a mechanically propelled vehicle, is being or has been committed, he may affix to the vehicle a notice in the prescribed form stating—

(a) that the offence is alleged to have been committed,

(b) that a person liable to be prosecuted for the offence may, during the period of 21 days beginning on the date of the notice, make to the local authority or to the Dublin Transport Authority (as may be specified in the notice) a payment of a prescribed amount, accompanied by the notice,

(c) that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, that no prosecution in respect of the alleged offence will be instituted.

(4) Where a notice is delivered under subsection (2) or affixed under subsection (3) of this section—

(a) a person to whom the notice applies may, during the period specified in the notice, make to the local authority or to the Dublin Transport Authority (as may be specified in the notice) the payment specified in the notice, accompanied by the notice,

(b) the local authority or the Dublin Transport Authority (as the case may be) may receive the payment, issue a receipt for it and retain the money so paid for disposal in accordance with this Act, and no payment so received shall in any circumstances be recoverable by the person who made it,

(c) a prosecution in respect of the alleged offence shall not be instituted during the period specified in the notice, and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted.”.

(6) The following section is hereby substituted for section 5 of the Local Authorities (Traffic Wardens) Act, 1975 :

“5. A prosecution for an offence to which section 3 of this Act applies, an offence under section 3 (5) of this Act or an offence under section 4 of this Act may be brought by a local authority or, where the offence is alleged to have been committed in the functional area of the Dublin Transport Authority, by the Authority.”.

(7) All moneys paid to the Authority in respect of offences to which section 3 of the Local Authorities (Traffic Wardens) Act, 1975 , relates shall be paid into the Exchequer in accordance with such directions as may from time to time be given by the Minister for Finance.

Membership of House of Oireachtas, etc.

16. —(1) Where any officer (including the chief executive) or servant of the Authority is—

(a) nominated as a member of Seanad Éireann, or

(b) elected as a member of either House of the Oireachtas or of the Assembly of the European Communities, or

(c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984 ) of the European Assembly Elections Act, 1977 , as having been elected to such Assembly to fill a vacancy, or

(d) elected to or co-opted onto a local authority all or part of whose functional area is within the functional area of the Authority,

he shall thereupon stand seconded from employment by the Authority and shall not be paid by, or be entitled to receive from, the Authority any remuneration or allowances—

(i) in case he is nominated as a member of Seanad Éireann or is so regarded as having been elected to such Assembly in respect of the period commencing on such nomination or having been so regarded, as the case may be, and ending when he ceases to be a member of Seanad Éireann or such Assembly,

(ii) in case he is elected as a member of either such House or of such Assembly or of such local authority in respect of the period commencing on such election and ending when he ceases to be a member of that House or that Assembly or that local authority, as the case may be,

(iii) in case he is co-opted onto a local authority all or part of whose functional area is within the functional area of the Authority in respect of the period commencing on his co-option and ending when he ceases to be a member of that local authority.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or is a member of a local authority or of the Assembly shall, while he is so entitled or is such a member, be disqualified from becoming an officer or servant of the Authority.

(3) Without prejudice to the generality of subsection (1), that subsection shall be construed as prohibiting, inter alia, the reckoning of a period mentioned in paragraph (i), (ii) or (iii) of that subsection as service with the Authority for the purposes of any pensions, gratuities, or other allowances payable on retirement or death.

Supply of information to Authority.

17. —The following shall supply to the Authority such information as may be necessary to enable it to fulfil its functions under this Act:

(a) Córas Iompair Éireann,

(b) a person licensed under the Act of 1932 or section 31 or 36 , and a person applying for a licence under any of those enactments,

(c) a local authority (including a road authority or a planning authority) part or all of whose functional area is within the Authority's functional area.

Prohibition of disclosure of confidential information.

18. —(1) A person shall not disclose confidential information obtained by him while performing duties as a member of the Authority, as an officer (including the chief executive) or servant of the Authority, as a member of a committee or consultative body established by the Authority or as an adviser or consultant employed by the Authority unless he is duly authorised to do so.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

(3) In this section—

confidential” means that which is expressed to be confidential either as regards particular information or as regards information of a particular class or description;

duly authorised” means authorised by the Authority or by some person duly authorised in that behalf by the Authority.

Disclosure of certain interests.

19. —(1) Where a member of the Authority or an officer (including the chief executive) or servant of the Authority has a pecuniary or other beneficial interest in, or material to, any matter which to his knowledge falls to be decided or determined by or on behalf of the Authority, he shall comply with the following requirements:

(a) he shall disclose to the Authority the nature of his interest in advance of any relevant decision or determination under this subsection;

(b) he shall neither influence nor seek to influence a decision to be made by or on behalf of the Authority in relation to the matter;

(c) he shall take no part in any consideration of the matter;

(d) if he is a member of the Authority he shall take no part in a discussion by the Authority of the matter and shall not vote or otherwise act as a member of the Authority in relation to the matter.

(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—

(a) he or his spouse, or any nominee of his or his spouse, 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,

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

(c) he or his spouse is a party to any arrangement or agreement (whether or not enforceable) concerning land to which such a matter relates,

(d) his spouse has a beneficial interest in, or material to, such a matter.

(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 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 or discussing, or in voting on, any question with respect to the matter, or in performing any function in relation to that matter.

(4) Where at a meeting of the Authority a disclosure is made under this section, particulars of the disclosure shall be recorded in the minutes of the meeting.

(5) A person who knowingly contravenes or fails to comply with a requirement of this section shall be guilty of an offence.

Borrowing by Authority.

20. —The Authority may, with the consent of the Minister, given with the approval of the Minister for Finance, borrow temporarily, either by arrangement with bankers or otherwise, such sums as it may require.

Recommendations on expenditure priorities.

21. —The Authority shall, having regard to Government policies and decisions in relation to moneys available (whether in the State or the Authority's functional area) for expenditure on road and rail transport, make recommendations to the Minister and the Minister for the Environment on the priorities to be assigned in expenditure in relation to the provision, operation and management of road and rail transport facilities and services and to traffic management in the Authority's functional area.

Grants to Authority.

22. —The Minister may, out of moneys provided by the Oireachtas, from time to time make grants to the Authority of such amounts as, with the concurrence of the Minister for Finance, he considers necessary to enable the Authority to meet its administrative and general expenses.