PART IV

Passenger Services

28. —(1) The Authority shall, having regard to the transport requirements of the Authority's functional area, specify from time to time the requirements which Córas Iompair Éireann should seek to meet in its public omnibus and suburban rail services within the limits of any Exchequer subvention to Córas Iompair Éireann that may be determined.

(2) Córas Iompair Éireann shall submit to the Authority for decision any proposals to vary its fares for public omnibus and suburban rail services within the Authority's functional area and the Authority's decision on the proposals shall be given with the consent of the Minister after consultation with the Minister for Finance.

29. —(1) (a) A person shall not carry on a passenger road service wholly within the Authority's functional area save under and in accordance with a licence granted by the Authority under the Act of 1932 and the terms of any such licence shall have regard to the current fares for the public omnibus and suburban rail services provided by Córas Iompair Éireann within the Authority's functional area.

(b) Paragraph (a) does not apply to Córas Iompair Éireann.

(2) In deciding whether or not to grant such a licence, the Authority shall have regard to the public interest regarding the provision of passenger road services in the Authority's functional area.

(3) In its application to passenger road services operated wholly within the Authority's functional area the Act of 1932 is hereby modified in the following respects:

(a) sections 4 and 5 shall not apply;

(b) in Part II references to the Minister for Communications shall be construed as references to the Authority;

(c) in section 20 (1) the reference to the Minister for Finance shall be construed as a reference to the Minister;

(d) the following subsection is substituted for subsection (3) of section 20:—

“(3) Every fee payable under this section shall be collected and accounted for in such manner as the Minister for Finance directs.”;

(e) in sections 22 and 23 references to regulations shall be construed as references to bye-laws.

(4) For the purpose of the application to the Authority's functional area of the Act of 1932 the Authority may, with the consent of the Minister, make bye-laws for all or any of the following purposes—

(a) prescribing anything referred to in that Act as to be prescribed,

(b) prescribing anything which the Authority is authorised by that Act (as modified by this section) to prescribe.

(5) Regulations made under the Act of 1932 which apply to the Authority's functional area and which are in force at the commencement of this section shall, in so far as they apply to that area, have effect from that commencement as if they were provisions of bye-laws made under this section and may be amended or revoked by bye-laws made under this section.

(6) Subject to section 71 of the Road Transport Act, 1933 (as adapted by subsection (7) of this section), any licences granted under the Act of 1932 in relation to passenger road services operated wholly within the Authority's functional area and which are in force at the commencement of this section shall continue in force as if granted by the Authority.

(7) In its application to passenger road services operated wholly within the Authority's functional area Part VII of the Road Transport Act, 1933 , shall be construed as if the references to the Minister for Communications in sections 70 to 73 were references to the Authority.

(8) The following subsection is hereby substituted for subsection (1) of section 5 of the Road Transport Act, 1978 (Orders by Minister relating to international agreements, etc.):

“(1) Where an international agreement relating to international transport by road to which the Government or the State is a party, or an agreement, arrangement or resolution relating to such transport to which the Minister is a party so requires, the Minister may by order exempt from the provisions of section 7 of the Road Transport Act, 1932 , sections 9 and 34 of the Principal Act (as amended or extended), sections 6 and 7 of the Road Transport Act, 1935 (as amended or extended) and section 29 of the Dublin Transport Authority Act, 1986, or from any of those provisions any specified class of vehicle or any specified class of such transport.”.

(9) Where an application is made to the Minister for a licence under the Act of 1932 relating to routes which extend beyond the Authority's functional area, the Minister shall consult with the Authority before making a decision in the matter.

30. —(1) (a) Where the Authority refuses to grant or renew a licence under the Act of 1932 or revokes or suspends such a licence, or where a person to whom such a licence has been granted or renewed by the Authority is dissatisfied with a term or condition attached to or omitted from such a licence, the applicant or licensee may appeal to the Minister.

(b) Where the holder (in this paragraph referred to as “such holder”) of a licence under the Act of 1932 or Córas Iompair Éireann is of the opinion that the grant or renewal of a licence under that Act to another person (or a term or condition attached to or omitted from that licence) materially affects any passenger road service operated by such holder or Córas Iompair Éireann, such holder or Córas Iompair Éireann may appeal to the Minister against that grant or renewal (or against the relevant term or condition or omission).

(2) The Minister, having considered such representations as may be adduced by or on behalf of the appellant and by the Authority, and having considered the public interest regarding the provision of passenger road services in the Authority's functional area, shall grant the appeal or confirm the relevant decision of the Authority or modify that decision, as he thinks fit.

(3) A decision of the Minister on an appeal under this section shall be final and binding on the parties to the appeal.

31. —(1) The Authority may, with the consent of the Minister for the Environment, make bye-laws in relation to the regulation, control and operation of public service vehicles within the Authority's functional area and may in particular by such bye-laws provide for the licensing by the Commissioner of the Garda Síochána or by the Authority of such vehicles and their drivers and conductors.

(2) Bye-laws under this section may in particular relate to all or any of the following matters:

(a) the attachment of terms or conditions to such licences, such terms or conditions to be specified in the licences,

(b) the periods of validity and the renewal or revocation of such licences,

(c) the fees which may be payable for the grant of such licences,

(d) the information required in relation to applications for such licences (including information relating to an applicant's character or previous experience or income tax reference number and details of any benefit or assistance in payment to the applicant under the Social Welfare Acts at the time of the application),

(e) the maximum number of such licences which may be issued for street service vehicles,

(f) the restriction of such licences for street service vehicles to vehicles having minimum dimensions specified in the bye-laws and conforming to regulations under section 11 of the Act of 1961,

(g) the approval by the Authority of the maximum fares which may be charged in respect of services provided by street service vehicles,

(h) the conduct and duties of drivers and conductors of public service vehicles and their employers, and of passengers or intending passengers in such vehicles.

(3) Different bye-laws may be made under this section—

(a) for different classes of public service vehicles,

(b) for different circumstances (including the operation of public service vehicles during specified periods of the day).

(4) A certificate purporting to be issued pursuant to bye-laws under this section that on a specified day a specified fare was the maximum fare fixed for street service vehicles in the Authority's functional area or any specified part of that area shall, without proof of the signature of the person purporting to sign it or that he was the proper person to issue it, be evidence in any legal proceedings until the contrary is shown of the matters certified therein.

(5) A certificate purporting to be issued pursuant to bye-laws under this section that a specified person was on a specified day the holder of a licence under the bye-laws or that on a specified day such a licence was in force in respect of a specified public service vehicle shall, without proof of the signature of the person purporting to sign it or that he was the proper person to issue it, be evidence in any legal proceedings until the contrary is shown of the matters certified therein.

(6) In a prosecution for an offence under this section in which a licence under bye-laws under this section is material, it shall be presumed until the contrary is shown by the defendant that at the material time such a licence then having effect was not held.

(7) Where a mechanically propelled vehicle is used for the carriage of eight or more persons who are not in the employment of the owner of the vehicle, they shall be deemed to be carried in the vehicle for reward until the contrary is shown.

(8) (a) Where a person refuses or omits to pay to the owner, driver or conductor of a public service vehicle any sum payable by that person to that owner, driver or conductor for the hire of that vehicle or the fare for that person's carriage in that vehicle, that person shall give to that owner, driver or conductor on request that person's name and address.

(b) Where such a person refuses or fails to comply with a request under paragraph (a) or gives a name and address which the owner, driver or conductor has reasonable grounds for believing to be false or misleading, the owner, driver or conductor may detain that person until the arrival of a member of the Garda Síochána.

(c) Where such a person refuses or fails on demand to give his name and address to a member of the Garda Síochána, or gives a name and address which the member has reasonable grounds for believing to be false or misleading, that person shall be guilty of an offence and the member may arrest that person without warrant.

(9) A person who contravenes a bye-law under this section shall be guilty of an offence and, in any such case involving a vehicle, as may be prescribed in a bye-law under this section or prescribed in regulations to which subsection (12) applies, where that person is not the owner of that vehicle the owner shall also be guilty of an offence.

(10) Section 56 of the Act of 1968 is hereby amended by the substitution of the following subsection for subsection (1):

“(1) A person who wilfully or maliciously commits any damage or injury to a public service vehicle shall be guilty of an offence and on summary conviction thereof may, in addition to any penalty which may be imposed under section 102 of the Principal Act or under the Dublin Transport Authority Act, 1986, be ordered by the court by which he is so convicted to pay to the owner of the vehicle such sum (being a sum which, when added to the penalty hereinbefore mentioned, does not produce a gross sum in excess of £1,000) as the court shall fix as compensation for the damage or injury and for the loss of the time of the owner and of the driver and conductor of the vehicle or of any of them (as the case may require) in attending the court:

Provided that nothing in this section shall prevent a person from instituting civil proceedings for the recovery of damages in excess of the above-mentioned sum of £1,000.”.

(11) Section 82 of the Act of 1961 shall cease to apply in relation to the Authority's functional area from the commencement of this section.

(12) Notwithstanding subsection (11), regulations made under section 82 of the Act of 1961 which apply to the Authority's functional area and which are in force at the commencement of this section shall continue in force and, in so far as they apply to that area, may be amended or revoked by bye-laws made under this section.