PART III

Planning

23. —The Authority may at any time make recommendations to the Minister as to the facilities relating to public transport which it considers should be provided in the Authority's functional area.

24. —(1) The Authority may at any time make in writing recommendations to a planning authority, part or all of whose functional area falls within the Authority's functional area, as to the content of that authority's development plan which relates to part or all of the Authority's functional area, and any such recommendations shall be considered by the planning authority which shall reply to the Authority in relation to the recommendations within three months of receipt of the recommendations.

(2) The Authority shall, at the same time as it makes a recommendation to a planning authority under subsection (1), send a copy of that recommendation to the Minister for the Environment for consideration by him.

25. —(1) In relation to an application to a planning authority for a permission or approval under section 26 of the Local Government (Planning and Development) Act, 1963 , which relates to an area within the Authority's functional area and which in the opinion of the Authority has significant implications for the management of traffic or the provision of transport services, the Authority may furnish observations on such application to that planning authority, who shall have regard to those observations before making a decision in the matter under that section.

(2) In relation to an appeal under section 26 of the Local Government (Planning and Development) Act, 1963 , which relates to an area within the Authority's functional area and which in the opinion of the Authority has significant implications for the management of traffic or the provision of transport services, the Authority may furnish observations on such appeal to An Bord Pleanála, who shall have regard to any such observations before making their decision in the matter under that section.

26. —The Authority may at any time make in writing recommendations to a road authority part or all of whose functional area falls within the Authority's functional area or to the Minister for the Environment in relation to the maintenance and improvement of public roads in the Authority's functional area and the road authority or the said Minister shall have regard to such recommendations.

27. —(1) Section 1 of the Act of 1974 is hereby amended by the insertion before “functions” of the following:

“‘busway’ means a public road or a proposed public road which is declared to be a busway by order under section 2 of this Act;”.

(2) Section 2 of the Act of 1974 is hereby amended by the substitution of the following subsections for subsection (3):

“(3) The Minister may by order declare any existing public road or any part thereof, or any proposed public road, to be a busway.

(4) The Minister may by order revoke or amend an order made under this section, including this subsection.”.

(3) Section 9 of the Act of 1974 is hereby amended by the substitution of the following subsections for subsection (3):

“(3) (a) The use of a busway shall be restricted to:

(i) mechanically propelled vehicles engaged in the provision of passenger road services,

(ii) street service vehicles,

(iii) ambulances, fire brigade vehicles and vehicles used by members of the Garda Síochána in the performance of their duties as such members, and

(iv) such other vehicles or classes of vehicles as may be prescribed by the Minister, after consultation with the Minister for Communications, in relation to busways generally, to different busways or different parts of a busway.

(b) In the exercise of his functions under subparagraph (iv) of this subsection the Minister may, after consultation with the Minister for Communications, prescribe conditions as to the use of a busway by vehicles or classes of vehicles, including the periods during which such vehicles may use a busway.

(4) (a) The following shall not be permitted to use a busway:

(i) pedestrians (other than for the purpose of access to vehicles permitted under subsection (3) to use a busway),

(ii) pedal cyclists, and

(iii) persons driving mechanically propelled vehicles or classes of mechanically propelled vehicles, other than those vehicles or classes of vehicles specified in or prescribed pursuant to subsection (3).

(b) Persons in charge of, or having control over, animals shall not permit them to be on a busway.

(5) Any person who contravenes subsections (2) or (4) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £150.”.

(4) Sections 1, 3, 4, 5, 6, 8, 10, 11, 12, 13, 14 and 16 of the Act of 1974 shall apply in relation to busways and references to a motorway shall be taken to include a busway.