Number 15 of 1986
DUBLIN TRANSPORT AUTHORITY ACT, 1986
ARRANGEMENT OF SECTIONS
Preliminary and General
Section | |
Dublin Transport Authority
Planning
Passenger Services
Traffic Management
Immobilisation, removal, etc. of unlawfully parked vehicles. | |
Payments by Authority for and review of traffic management measures. |
Miscellaneous Provisions
Dublin Transport Authority
Acts Referred to | |
1980, No. 43 | |
County Management Acts, 1940 to 1972 | |
1967, No. 12 | |
1925, No. 24 | |
1977, No. 30 | |
1984, No. 6 | |
Landlord and Tenant Acts, 1931 to 1983 | |
1975, No. 14 | |
1963, No. 28 | |
Local Government (Planning and Development) Acts, 1963 to 1983 | |
1974, No. 6 | |
Prices Acts, 1958 to 1972 | |
Public Offices Fees Act, 1879 | 42 and 43 Vict., c. 58 |
1933, No. 11 | |
1961, No. 24 | |
1968, No. 25 | |
Road Traffic Acts, 1961 to 1984 | |
1932, No. 2 | |
1933, No. 8 | |
1935, No. 23 | |
1978, No. 8 | |
Roads Act, 1920 | 1920, c. 72 |
Number 15 of 1986
DUBLIN TRANSPORT AUTHORITY ACT, 1986
PART I
Preliminary and General
Short title.
1.—This Act may be cited as the Dublin Transport Authority Act, 1986.
Interpretation.
2.—(1) In this Act—
“the Act of 1932” means the Road Transport Act, 1932;
“the Act of 1961” means the Road Traffic Act, 1961;
“the Act of 1968” means the Road Traffic Act, 1968;
“the Act of 1974” means the Local Government (Roads and Motorways) Act, 1974;
“the Authority” means the Dublin Transport Authority;
“the Authority's functional area” has the meaning assigned to it by section 10;
“chief executive” has the meaning assigned to it by section 13;
“development plan” has the same meaning as in the Local Government (Planning and Development) Acts, 1963 to 1983;
“the establishment day” means the day appointed by order under section 4 to be the establishment day for the purposes of this Act;
“local authority” (except in section 36) means the council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town;
“mechanically propelled vehicle” has the same meaning as in the Act of 1961;
“the Minister” means the Minister for Communications;
“passenger road service” has the same meaning as in the Act of 1932;
“pedal cycle” has the same meaning as in the Act of 1961;
“planning authority” means
(a) in the case of a county exclusive of any borough or urban district therein, the council of the county,
(b) in the case of a county or other borough, the corporation of the borough, and
(c) in the case of an urban district, the council of the district;
“public road” means any road, street, lane, footpath, square, court, alley or passage, and any part thereof, the responsibility for the maintenance of which lies on a road authority, and shall include any bridge, viaduct, underpass, subway, tunnel, overbridge, flyover, pipe, arch, gulley, footpath, carriageways (whether single or multiple), pavement, railing, fence, wall, barrier, guardrail, margin, lay-by, hard shoulder, cycle track, island, median, central reserve, channelliser, roundabout, pole, bollard, wire, cable, sign, signal or lighting forming part of the road or other similar structure forming part of the road necessary for the safety, convenience or amenity of road users;
“public service vehicle” has the same meaning as in the Act of 1961;
“road authority” means the council of a county, the corporation of a county or other borough, or the council of an urban district;
“street service vehicle” has the same meaning as in the Act of 1961;
“variation”, in relation to a development plan, means a variation under Part III of the Local Government (Planning and Development) Act, 1963.
(2) In this Act a reference to a Part or section, or to the Schedule, is to a Part or section of, or to the Schedule to, this Act, unless it is indicated that reference to some other enactment is intended.
(3) In this Act a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
(4) In this Act a reference to any enactment shall be construed as a reference to that enactment as amended by or under any subsequent enactment.
Commencement.
3.—This Act shall come into operation on such day or days as may be fixed therefor by any order or orders of the Minister, either generally or by reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.
Establishment day.
4.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.
Laying of orders before Houses of Oireachtas.
5.—Every order made under section 3 shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(2) The order made under section 4 and every order made under section 9 or 10 shall be laid before each House of the Oireachtas as soon as may be after it is made.
Expenses.
6.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
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.
PART III
Planning
Recommendations to Minister.
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.
Recommendations to planning authorities.
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.
Planning applications and appeals.
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.
Recommendations to road authorities.
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.
Provision of busways.
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.
PART IV
Passenger Services
Requirements, etc., for certain public transport 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.
Licensing of passenger road services.
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.
Appeal to Minister.
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.
Public service vehicles.
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.
PART V
Traffic Management
Control of traffic and pedestrians.
32.—(1) The powers conferred on the Commissioner of the Garda Síochána by section 89 of the Act of 1961 are hereby transferred to the Authority in so far as they apply to the Authority's functional area.
(2) Notwithstanding subsection (1), bye-laws or temporary rules made under section 89 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 the Authority.
(3) (a) In this subsection—
“bollard” means a pole, post or other similar device inserted into or affixed in a vertical or near vertical manner to the surface of a roadway or footway;
“footway” and “roadway” have the same meanings, respectively, as in the Act of 1961;
“the Minister” means the Minister for the Environment;
“road ramp” means an artificial hump in or on the surface of a roadway which is designed to control the speed of vehicles.
(b) The Authority may, with the approval of the Minister, direct a road authority part or all of whose functional area is within the Authority's functional area in the interest of the safety of road users to provide for a specified period or without any limitation as to time.
(i) bollards on a roadway or footway for the purpose of restricting either wholly or partly the use of a public road by mechanically propelled vehicles;
(ii) road ramps on a roadway for the purpose of restricting the speed of mechanically propelled vehicles.
(c) The Authority may at any time, with the approval of the Minister, direct the road authority concerned to remove bollards or road ramps provided in accordance with a direction under paragraph (b).
(d) The Authority shall send a copy of a direction to the road authority concerned and shall publish notice of the making of a direction in a manner specified in regulations by the Minister and, if there is an objection to the direction and the objection is not withdrawn, the Minister shall cause an oral hearing to be held and shall afford the person making the objection an opportunity of being heard.
(e) The Minister may, if he thinks fit, approve a direction with or without modifications or refuse to approve it, and where he approves the direction with or without modifications, the direction shall be construed and have effect in accordance with the approval.
(f) (i) Where a direction has been approved by the Minister, the road authority shall comply forthwith with such direction and in so doing shall comply with any requirement specified by the Minister.
(ii) Where a direction under paragraph (b) is for a specified period, the road authority concerned shall, at the expiry of such period, remove all bollards or road ramps provided in accordance with that direction.
(g) (i) The Minister may make regulations for the purpose of giving effect to this section.
(ii) Regulations under this subsection may in particular make provision for all or any of the following matters—
(I) specifying the manner in which the Authority shall publish notice of the making of a direction or notice of a decision by the Minister under paragraph (e),
(II) requiring the Authority to notify specified bodies or persons,
(III) specifying time limits for the making of objections,
(IV) specifying the procedure to be followed at oral hearings,
(V) specifying requirements in relation to the provision of bollards and road ramps, including standards of construction and the provision of warning signs.
(iii) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(h) (i) A bollard or road ramp provided under and in accordance with this section shall be deemed to be a structure necessary for the safety of road users forming part of the public road.
(ii) A road authority shall not provide a bollard or road ramp save under and in accordance with this section.
Parking of vehicles on public roads.
33.—(1) The powers conferred on the Commissioner of the Garda Síochána by section 90 of the Act of 1961 are hereby transferred to the Authority in so far as they apply to the Authority's functional area.
(2) Notwithstanding subsection (1), bye-laws or temporary rules made under section 90 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 the Authority.
Immobilisation, removal, etc. of unlawfully parked vehicles.
34.—(1) In this section—
“authorised person” means a person or a member of a class of persons prescribed for the purposes of this section to be an authorised person;
“immobilisation device” means any device or appliance designed or adapted to be fixed to a vehicle for the purpose of preventing it from being driven or otherwise put in motion;
“owner” has the same meaning as in the Act of 1961;
“park” has the same meaning as in the Act of 1961;
“prescribed” means prescribed in regulations made by the Minister for the Environment under subsection (9).
(2) Where an authorised person or a person acting under his direction finds on a public road in the Authority's functional area a vehicle which has been parked there in contravention of any prohibition or restriction imposed by or under any enactment, he may—
(i) fix an immobilisation device to the vehicle while it remains in the place where he finds it, or
(ii) move it from the place where he finds it to another place and fix an immobilisation device to it in that other place.
(3) Where an immobilisation device is fixed to a vehicle in accordance with this section an authorised person or a person acting under his direction shall also affix to the vehicle a notice in the prescribed form—
(i) indicating that such a device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from that device;
(ii) specifying the steps to be taken to secure its release; and
(iii) giving such other information as may be prescribed.
(4) Subject to subsection (5), a vehicle to which an immobilisation device has been fixed in accordance with this section may only be released from that device by or under the direction of an authorised person.
(5) (a) A vehicle to which an immobilisation device has been fixed in accordance with this section shall, save for the purpose of removal under section 97 of the Act of 1961 or under subsection (2), only be released from that device when the person seeking such release produces satisfactory evidence that he is the owner of the vehicle or is authorised by the owner to use the vehicle and pays the prescribed charge.
(b) Where the owner of a vehicle to which an immobilisation device has been fixed in accordance with this section shows to the satisfaction of an authorised person or a person acting under his direction that the vehicle was parked in contravention of a prohibition or restriction while being used by a person other than the owner and that such use was not authorised by the owner, that authorised person or the person acting under his direction shall waive the prescribed charge and release the vehicle from the immobilisation device.
(c) A vehicle shall be released from the immobilisation device fixed thereto under this section as soon as may be reasonably practicable after the payment of the prescribed charge or after the waiving of such charge, as the case may be.
(6) A notice affixed to a vehicle under this section shall not be removed or interfered with except by the person to whom the notice applies and a person who contravenes this subsection shall be guilty of an offence.
(7) A person who—
(a) obstructs or impedes the fixing of an immobilisation device to a vehicle, or
(b) without being authorised to do so under this section, removes or attempts to remove such an immobilisation device,
shall be guilty of an offence.
(8) (a) Nothing in this section shall be construed as permitting the fixing of an immobilisation device to an ambulance, a fire brigade vehicle or any vehicle used by a member of the Garda Síochána in the performance of his duties as such member.
(b) This section shall not apply to a mechanically propelled vehicle the owner and the driver of which is a disabled person who holds a current permit for a disabled driver under bye-laws or temporary rules made under section 90 of the Act of 1961.
(9) (a) The Minister for the Environment may make regulations for the purpose of giving effect to subsections (1) to (8) and, in particular, but without prejudice to the generality of the foregoing, may make provision by regulations in relation to all or any of the following:
(i) the type of immobilisation device to be used;
(ii) the form of notice under subsection (3);
(iii) the charge to be paid under subsection (5) and the manner in which and to whom such charge is to be paid.
(b) Before making regulations under this subsection the Minister for the Environment shall consult with the Authority and the Commissioner of the Garda Síochána.
(c) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
(10) (a) Section 97 of the Act of 1961 shall be construed, in so far as it applies to the Authority's functional area, as
(i) empowering the Authority, with the consent of the Minister for the Environment, to make bye-laws providing for the removal, storage and disposal of vehicles unlawfully parked in its functional area, and
(ii) if the reference in the said section 97 to section 101 of the Act of 1961 were a reference to section 36.
(b) Notwithstanding paragraph (a), regulations made under section 97 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 the Authority.
Control of traffic signs by Authority.
35.—(1) The powers conferred on the Commissioner of the Garda Síochána by section 95 of the Act of 1961 are hereby transferred to the Authority in so far as they apply to the Authority's functional area and for this purpose references in that section to an officer of the Garda Síochána shall be construed as references to an officer of the Authority.
(2) In performing its functions under section 95 of the Act of 1961 the Authority shall have regard to the need for a proper system of traffic signs in its functional area.
(3) Notwithstanding subsection (1)—
(a) a traffic sign standing provided under section 95 of the Act of 1961 in the Authority's functional area before the commencement of this section shall be deemed to have been provided pursuant to a request, or with the consent, of the Authority, and
(b) any request made or consent given under section 95 of the Act of 1961 in relation to the Authority's functional area and which is in force at the commencement of this section shall continue in force and may be amended or revoked by the Authority.
Public car parks.
36.—(1) A car park may not be provided by a local authority or by any other person in the Authority's functional area except under and in accordance with a licence under this section granted by the Authority which may attach terms and conditions to such a licence.
(2) A local authority may under and in accordance with the terms and conditions of a licence under this section provide such one or more car parks (and access thereto) as they consider desirable.
(3) A local authority may, with the consent of the Minister for the Environment, assist any person providing a car park in accordance with subsection (1) and the assistance may consist of a contribution of money or the execution of works or the grant or lease of land or any combination of those means.
(4) Subsection (2) shall be construed as conferring on a local authority—
(a) power to erect a building for use wholly or mainly for parking mechanically propelled vehicles or particular classes of such vehicles,
(b) power to erect waiting rooms, cloak rooms, petrol stations, shops and any facilities in association with any car park provided by them,
(c) power to adapt land for use as a car park.
(5) The Authority with the approval of the Minister for the Environment may make bye-laws in relation to any car park provided under this section and in particular in relation to all or any of the following matters—
(a) restricting the classes of vehicles which may be admitted to the car park,
(b) specifying the periods for which vehicles may remain in the car park,
(c) specifying conditions subject to which vehicles may use the car park,
(d) specifying the standard of fencing and surfacing for such car parks.
(6) A person who contravenes subsection (1) or a bye-law under subsection (5) or who imposes charges not approved under subsection (11) shall be guilty of an offence.
(7) A local authority who have provided under this section a car park may, with the consent of the Minister for the Environment and the Authority, sell or lease the car park or any part thereof or any facilities provided for the car park under subsection (4) to any person, subject to such conditions as they think proper.
(8) The Minister for the Environment may, with the consent of the Minister for Finance, make grants towards the expenses incurred under this section by a local authority, and such grants may be made out of moneys provided by the Oireachtas.
(9) The Minister for the Environment may, with the consent of the Minister for Finance and on such terms and conditions as to repayment as that Minister thinks proper, make loans towards the expenses incurred under this section by a local authority, and such loans may be made out of moneys provided by the Oireachtas.
(10) The operation of a car park (including the operation of facilities therefor) on or in property leased by a local authority shall be deemed not to be a business within the meaning of the Landlord and Tenant Acts, 1931 to 1983.
(11) (a) No charges may be imposed after the commencement of this section in respect of car parking facilities in car parks which are provided under this section unless such charges have been approved of by the Authority.
(b) The Authority may specify the charges to be made for the use of a car park.
(c) In giving an approval under paragraph (a) or specifying charges under paragraph (b) the Authority shall have regard to the need for a reasonable return to be made on the investment involved in the provision of the car park to which any such charges relate.
(12) (a) Section 101 of the Act of 1961 shall cease to apply to the Authority's functional area from the commencement of this section.
(b) Notwithstanding paragraph (a), bye-laws made under section 101 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 subsection (5).
(13) Where a local authority become of opinion that the land used for a car park provided by them under this section should be used for a different purpose for which they may lawfully use land, the local authority may, with the consent of the Authority, terminate the use of the land for a car park.
(14) (a) A person may appeal to the Minister—
(i) where the Authority refuses to grant a licence or approve charges for car parking facilities under this section, or
(ii) where a person providing car parking facilities is dissatisfied with the terms of a licence granted or an approval or specification of charges by the Authority.
(b) 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 car parks 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.
(c) A decision of the Minister on an appeal under this section shall be final and binding on the parties to the appeal.
(15) In this section—
“car park” means a place (not being part of a public road or a place at Dublin Airport) for the parking by the public of mechanically propelled vehicles or pedal cycles on payment of a specified charge;
“local authority” means the council of a county, the corporation of a county or other borough or the council of an urban district;
“provide” includes operate and cognate words shall be construed accordingly.
Omnibus stopping places and stands.
37.—(1) The powers conferred on the Commissioner of the Garda Síochána by section 85 of the Act of 1961 are hereby transferred to the Authority in so far as they apply to the Authority's functional area and for this purpose references in that section to an officer of the Garda Síochána shall be construed as references to an officer of the Authority.
(2) Notwithstanding subsection (1), a direction under section 85 of the Act of 1961 which applies to the Authority's functional area and which is in force at the commencement of this section shall continue in force and, in so far as it applies to that area, may be revoked by the Authority.
Taxi stands.
38.—(1) The powers conferred on the Commissioner of the Garda Síochána by section 84 of the Act of 1961 are hereby transferred to the Authority in so far as they apply to the Authority's functional area.
(2) Notwithstanding subsection (1), bye-laws or temporary rules made under section 84 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 the Authority.
Protection of bridges.
39.—(1) (a) Before exercising in the Authority's functional area a power conferred by section 158 (1) of the Road Traffic Act, 1933, or by section 93 (1) of the Act of 1961 a road authority, Córas Iompair Éireann or any other person liable to maintain a bridge carrying a public road shall notify the Authority accordingly and shall not exercise such a power in that area without the prior consent in writing of the Authority.
(b) The powers conferred on the Commissioner of the Garda Síochána by section 93 (9) of the Act of 1961 in so far as they relate to the Authority's functional area are hereby transferred to the Authority.
(2) Nothing in this section shall—
(i) prevent the prohibition or restriction in an emergency of the use of a bridge carrying a public road in order to eliminate or reduce danger or risk to persons or property, or
(ii) affect any power conferred on the Minister for the Environment by section 158 (3) of the Road Traffic Act, 1933, or by section 93 (3) of the Act of 1961.
Roadworks.
40.—(1) Notwithstanding any other enactment, the Authority may direct in respect of any public road in the Authority's functional area the periods during which, the times at which and the manner in which roadworks may be carried out.
(2) In exercising the powers conferred on it by this section the Authority shall have regard to—
(a) the need for co-ordination in relation to the execution of roadworks;
(b) the necessity to minimise disruption to traffic;
(c) the urgency of particular roadworks; and
(d) any expense likely to arise as a result of a direction under this section.
(3) Nothing in this section shall prevent the carrying out of roadworks of an emergency nature, that is to say, roadworks the carrying out of which is essential in order to eliminate or reduce danger or risk to persons or property.
(4) The Authority, with the consent of the Minister for the Environment, may make bye-laws for the purpose of giving effect to this section and, without prejudice to the generality of the foregoing, such bye-laws may contain provisions relating to all or any of the following matters—
(a) requiring advance notice of proposed roadworks;
(b) requiring specified information to be given regarding proposed roadworks;
(c) notification by the Authority within specified time-limits of decisions regarding proposed roadworks.
(5) A person who contravenes a direction or bye-laws under this section shall be guilty of an offence.
(6) Nothing in this section shall render the Authority liable for any loss or injury caused by roadworks to which this section relates or for any expense arising as a result of a direction under this section.
(7) In this section “roadworks” means the carrying out of repairs, maintenance or any other works to, above or under, a public road but does not include the construction of a new road.
Vehicles serving construction sites.
41.—(1) The Authority, with the consent of the Minister for the Environment, may make bye-laws, either generally or for particular cases, in relation to the regulation and control of access to and egress from construction sites within its functional area by vehicles or particular classes of vehicles.
(2) Bye-laws under this section may in particular relate to all or any of the following matters:
(a) the regulation of the times or days during which access to and egress from construction sites by vehicles or particular classes of vehicles may be permitted,
(b) the number of vehicles that may be allowed access to and egress from construction sites at any particular time, or
(c) the requirements to ensure that vehicles or any particular classes of vehicles are cleaned before leaving any construction site.
(3) A person who contravenes a bye-law under this section shall be guilty of an offence.
(4) This section shall not apply to the carrying out of repairs, maintenance or any other works to, above or under, a public road or to the construction of a new road.
Exchequer allocations for traffic management measures.
42.—There shall be paid to the Authority, out of moneys provided by the Oireachtas, such amounts in respect of traffic management measures in the Authority's functional area as may be approved of by the Minister, or the Minister for the Environment, with the consent of the Minister for Finance.
Payments by Authority for and review of traffic management measures.
43.—(1) Any payment which the Authority makes out of the amounts that it receives under section 42 shall be made in such manner and subject to such conditions as the Authority thinks fit.
(2) The Authority shall periodically conduct and publish a review of the effectiveness of traffic management measures in respect of which it makes a payment under this section.
PART VI
Miscellaneous Provisions
Amendment of section 103 of Act of 1961.
44.—The following is hereby substituted for subsection (1) of section 103 of the Act of 1961 (which empowers a member of the Garda Síochána or an authorised person to deliver or affix a notice where certain offences are alleged to have been committed):
“(1) This section applies to such offences under this Act or the Dublin Transport Authority Act, 1986, as may be declared by the Minister by regulations to be offences to which this section applies.”.
Application of section 107 of Act of 1961.
45.—References in section 107 of the Act of 1961 (which obliges a person to give information on demand to a member of the Garda Síochána) to an offence under that Act shall be construed as including references to an offence under this Act.
Amendment of section 115 of Act of 1961.
46.—The following is hereby substituted for subsection (1) of section 115 of the Act of 1961 (which provides for penalties for false declarations, etc.):
“(1) Where a person is required by this Act or the Dublin Transport Authority Act, 1986, or by regulations or bye-laws under either of those Acts, to furnish particulars in connection with an application for the grant or issue of a licence, plate or certificate or otherwise in connection with a licence, plate, certificate or vehicle, he shall not furnish pursuant to the requirement any particulars which to his knowledge are false or in any material respect misleading.”.
Application of section 121 of Act of 1961.
47.—Regulations made by the Minister for the Environment under section 121 of the Act of 1961 (which relates to the calculation of passenger accommodation of certain vehicles) for the purpose of that Act shall also apply for the purposes of this Act.
Non-application of Prices Acts, 1958 to 1972.
48.—The Prices Acts, 1958 to 1972, shall not apply in relation to fares charged for public passenger transport services wholly within the Authority's functional area and fixed under sections 28, 29 or 31 or in relation to fees or charges payable for the parking of vehicles in that area and fixed under section 36 or under section 90 of the Act of 1961.
Casual trading.
49.—Section 7 of the Casual Trading Act, 1980, is hereby amended—
(a) by the insertion of the following paragraph after paragraph (b) of subsection (1):
“(c) A designation or revocation under this subsection in relation to land situated in the functional area of the Dublin Transport Authority shall not be made without the prior approval of that Authority.”,
and
(b) by the insertion of the following subsection after subsection (8):
“(9) Bye-laws under subsection (8) of this section shall not be made in relation to the functional area of the Dublin Transport Authority without the prior approval of that Authority.”.
Supplemental provisions relating to certain bye-laws.
50.—(1) A bye-law made by the Authority under section 31, 36, 40 or 41 or under section 84, 89, 90 or 97 of the Act of 1961 which is required to be made with the consent of the Minister for the Environment shall be submitted to that Minister, in such manner as he requires, for his approval.
(2) Where a bye-law is submitted to the Minister for the Environment under subsection (1) that Minister shall (as he thinks proper) refuse to approve of the bye-law, approve thereof without modification, or make such modifications therein as he thinks proper and approve of the bye-law as so modified.
(3) A bye-law approved of by the Minister for the Environment under this section shall be published in such manner as that Minister shall require but no such bye-law shall be of any force or effect unless or until it has been submitted to and approved of by that Minister and published in accordance with this section.
(4) (a) The Authority shall consult with the Commissioner of the Garda Síochána before submitting to the Minister for the Environment under this section a bye-law made by it under section 89 or 90 of the Act of 1961 and the said Commissioner shall submit to the Authority any observations in the matter within two months of the consultation.
(b) The Authority shall when it submits a bye-law to the Minister for the Environment under this section give to the said Commissioner and the local authority concerned notice of the submission and that Minister shall consider any representations made to him by the said Commissioner or local authority in respect of the bye-law.
(c) The Minister for the Environment shall not approve of the bye-law before the expiration of one month after notice of the submission of the bye-law to him was given to the said Commissioner and local authority.
(5) (a) It shall not be necessary for the Authority to consult with the local authority concerned in relation to any bye-law proposed to be made by the Authority under section 31, 36 or 40 or under section 84, 89, 90 or 97 of the Act of 1961.
(b) It shall be necessary for the Authority to consult with the local authority concerned before any controls, restrictions or prohibitions provided in bye-laws under section 84, 89 or 90 of the Act of 1961 are applied and any representations which the local authority wishes to make in the matter shall be submitted to the Authority within two months of the consultation.
(6) The making of representations by a local authority pursuant to subsection (4) or (5) shall—
(i) where they are made by the council of a county, the corporation of a borough other than a county borough, the council of an urban district or the commissioners of a town, be a reserved function for the purposes of the County Management Acts, 1940 to 1972, and
(ii) where they are made by the corporation of a county borough, be a reserved function for the purposes of the Acts relating to the management of the county borough.
Temporary rules.
51.—The Authority shall consult with the Commissioner of the Garda Síochána before making temporary rules under section 89 or 90 of the Act of 1961 and the said Commissioner shall submit to the Authority any observations in the matter within one month of the consultation.
Proof of certain bye-laws and temporary rules.
52.—(1) Section 4 of the Documentary Evidence Act, 1925, shall apply to every bye-law under this Act and every bye-law and temporary rule under the Act of 1961 made by the Authority.
(2) Section 6 (1) of the Documentary Evidence Act, 1925, shall have effect as if there were added to the official documents mentioned therein every bye-law under this Act and every bye-law and temporary rule under the Act of 1961 made by the Authority.
Penalties, etc.
53.—(1) A person guilty of an offence under section 18, 19 or 40 shall be liable—
(i) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both the fine and the imprisonment, or
(ii) on conviction on indictment, to a fine not exceeding £50,000 or, at the discretion of the court, to imprisonment for a term not exceeding 5 years or to both the fine and the imprisonment.
(2) A person guilty of an offence under section 31, 34, 36 or 41 shall be liable on summary conviction—
(i) in the case of a first offence under that section, to a fine not exceeding £150,
(ii) in the case of a second offence under that section, or of a third or subsequent such offence other than an offence referred to in paragraph (iii), to a fine not exceeding £350,
(iii) in the case of a third or subsequent offence under that section, being a third or subsequent such offence in any period of twelve consecutive months, to a fine not exceeding £350 or, at the discretion of the court, to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment.
(3) Section 13 of the Criminal Procedure Act, 1967, shall apply in relation to an offence to which subsection (1) relates as if, in lieu of the penalties provided for in subsection (3) of the said section, there were specified therein the penalties provided for in subsection (1) (i) of this section, and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly.
(4) Where an offence to which section 36 or 40 relates is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person (or any person acting on his behalf) being a director, manager or secretary of such body, that person or the person so acting, as the case may be, shall also be guilty of that offence.
(5) A prosecution for a summary offence under—
(a) this Act,
(b) section 82, 84, 89, 90, 97 or 101 of the Act of 1961 to which section 31 (12), 32 (1) and (2), 33 (1) and (2), 34 (10), 36 (12) and 38 (1) and (2), as the case may be, applies
may be taken by the Authority:
Provided that the Authority shall not take a prosecution for a summary offence alleged to have been committed before the commencement of section 31, 32, 33, 34, 36 or 38, as the case may be.
(6) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence to which this section relates may be instituted within 12 months from the date of the offence.
Disposal of fees and fines.
54.—(1) (a) All fees and other sums received under this Act or bye-laws or temporary rules thereunder shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs.
(b) The Public Offices Fees Act, 1879, shall not apply to any fees referred to in paragraph (a).
(2) All fines in respect of offences under this Act shall be paid into the Exchequer in accordance with such directions as may from time to time be given by the Minister for Finance.
SCHEDULE
Dublin Transport Authority
1. The Authority shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or rights over land.
2. (1) (a) The Authority shall consist of not more than twelve members appointed by the Minister, including not more than four persons who for the time being are members of the local authorities (other than the council of an urban district or the commissioners of a town) in the Authority's functional area and are nominated by the respective local authority.
(b) If a member of the Authority ceases to be a member of a local authority in the Authority's functional area he shall also then cease to be a member of the Authority.
(2) The Authority may act notwithstanding a vacancy amongst its members.
(3) Each member of the Authority shall be a person who in the opinion of the Minister has had wide experience of (and has shown capacity in) transport, industrial, commercial or financial matters, administration or the organisation of workers.
3. (1) A member of the Authority shall hold office for a period not exceeding five years, and subject to such terms and conditions (including remuneration, if any, and allowances for expenses) as the Minister, with the consent of the Minister for the Public Service, determines, and may be removed from office by the Minister at any time.
(2) A member of the Authority may at any time resign his office as member by letter sent to the Minister, and the resignation shall take effect not earlier than 3 months from the date on which the letter is received, or on such later date as is specified therein.
(3) A member of the Authority whose term of office expires by effluxion of time shall be eligible for reappointment.
4. (1) Where a member 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 cease to be a member of the Authority.
(2) A person shall not be eligible to be a member of the Authority if he is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or he is for the time being a representative in the Assembly of the European Communities.
5. A member of the Authority shall be disqualified from holding and shall cease to hold office as such member if he is adjudged bankrupt, or makes a composition or arrangement with creditors or is sentenced by a court of competent jurisdiction to a term of imprisonment, or ceases to be ordinarily resident in the State.
6. (1) (a) The Minister shall appoint a chairman of the Authority (in this Schedule referred to as “the chairman”) from among the members of the Authority, and may remove the chairman from office at any time.
(b) If the chairman ceases during his term of office to be a member of the Authority he shall also then cease to be the chairman.
(2) The chairman shall hold office as chairman on such terms and conditions (including remuneration, if any, and allowances for expenses) as the Minister, with the consent of the Minister for the Public Service, determines.
(3) The chairman may at any time resign his office as chairman by letter addressed to the Minister, and the resignation shall take effect not earlier than 3 months from the date on which the letter is received, or on such later date as is specified therein.
7. The Authority shall regulate, by standing orders or otherwise, its procedure or business.
8. (1) As soon as may be after its establishment, the Authority shall provide itself with and retain in its possession a seal of the Authority.
(2) The seal of the Authority shall be authenticated by the signature of the chairman or a member of the Authority authorised by the Authority to act in that behalf and by the signature of an officer of the Authority authorised by the Authority to act in that behalf.
(3) Judicial notice shall be taken of the seal of the Authority and every document purporting to be an instrument made by the Authority and to be sealed with the seal (purporting to be authenticated in accordance with this Schedule) of the Authority shall be received in evidence and shall be deemed to be such instrument without proof unless the contrary is shown.
9. (1) The Authority shall submit to the Minister in each year, not later than such date as he may appoint, a report of its proceedings under this Act during the preceding year, and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.
(2) The report made to the Minister pursuant to subparagraph (1) shall contain such information as the Minister may direct regarding the functions of the Authority under this Act.
(3) The Authority shall supply the Minister with such information regarding the performance of its functions as he may from time to time require.
10. (1) The Authority shall keep, in such form as may be approved of by the Minister with the consent of the Minister for Finance, all proper and usual accounts of all moneys received or expended by it and, in particular, shall keep in such form as aforesaid all such special accounts as the Minister with the consent of the Minister for Finance may from time to time direct.
(2) Accounts kept in pursuance of this paragraph shall be submitted annually by the Authority to an auditor appointed by the Authority with the consent of the Minister and of the Minister for Finance for audit and immediately after such audit a copy of such of the accounts kept pursuant to subparagraph (1) as the Minister, with the consent of the Minister for Finance, may direct and a copy of the auditor's report on the accounts shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas.
11. The Authority may perform any of its functions through or by any of its officers (including the chief executive) or servants duly authorised by the Authority in that behalf.
12. (1) The Authority may from time to time appoint such and so many committees as it thinks proper.
(2) The Authority may delegate to a committee appointed under this paragraph any of its functions which, in its opinion, can be better or more conveniently performed by a committee.
(3) A committee appointed under this paragraph shall consist of such number of members as the Authority thinks proper and may, at the discretion of the Authority, consist exclusively of persons who are members of the Authority or partly of persons who are members of the Authority and partly of persons who are officers of the Authority, or partly of persons who are either members or officers of the Authority and partly of other persons.
(4) A member of a committee appointed under this paragraph may be removed from office for stated reasons at any time by the Authority.
(5) The Authority may at any time dissolve a committee appointed under this paragraph.
(6) The Authority may regulate the procedure of committees appointed under this paragraph but, subject to any such regulation, committees established under this paragraph may regulate their own procedure.
13. (1) The Authority may from time to time appoint one or more than one consultative groups to advise the Authority on policies to be adopted by the Authority in relation to any of its functions.
(2) A consultative group appointed under this paragraph shall consist of such number of members as the Authority thinks proper and may at the discretion of the Authority consist partly of persons who are members of the Authority, partly of persons who are officers of the Authority, and partly of other persons, or partly of persons who are members of the Authority and partly of other persons, or partly of persons who are officers of the Authority and partly of other persons.
(3) The Authority may at any time dissolve a consultative group appointed under this paragraph.
14. The Authority may employ such consultants or advisers as it considers necessary for the proper discharge of its functions.
15. The Authority may accept gifts of money, land or other property upon such trusts and conditions (if any) as may be specified by the donor, but shall not accept a gift if any such condition is inconsistent with the functions of the Authority.
16. The Authority may charge fees of such amounts as may from time to time be determined by it for or in connection with services rendered by it.
17. (1) As soon as may be after its establishment the Authority shall prepare and submit to the Minister a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of such of its officers (including the chief executive) and servants as the Authority shall think fit.
(2) Every such scheme shall fix the time and conditions of retirement for all persons to or in respect of whom pensions, gratuities or allowances are payable under the scheme and different times and conditions may be fixed in respect of different classes of persons.
(3) The Authority may at any time prepare and submit to the Minister a scheme amending a scheme previously submitted and approved of under this paragraph.
(4) A scheme or amending scheme submitted to the Minister under this paragraph shall, if approved of by the Minister after consultation with the Minister for the Environment and with the consent of the Minister for the Public Service, be carried out by the Authority in accordance with its terms.
(5) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this paragraph, such dispute shall be submitted to the Minister for determination by him, and such determination shall be subject to the agreement of the Minister for the Public Service.
(6) No pension, gratuity, allowance or other payment shall be granted by the Authority to or in respect of any of its officers (including the chief executive) and servants except under and in accordance with a scheme under this paragraph, nor shall any agreement be entered into by the Authority without the approval of the Minister, given with the concurrence of the Minister for the Public Service, for the provision otherwise than by the Authority of a pension, gratuity, allowance or other payment on the resignation, retirement or death of any of its officers (including the chief executive) or servants.
(7) The Minister shall cause every scheme submitted and approved of under this paragraph to be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next 21 days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
(8) A person employed by the Authority by virtue of section 15 (1) shall not be subject to less favourable conditions in relation to the grant by the Authority of pensions, gratuities and other allowances on retirement or death than the conditions in relation thereto to which he was subject immediately before he became employed by the Authority.
(9) Where—
(a) a person to whom subparagraph (8) applies ceases to be employed by the Authority at a time when there is not in force a scheme under this paragraph that applies in relation to him, and
(b) the circumstances were such that, if that person had ceased in corresponding circumstances to be a person appointed by the Commissioner of the Garda Síochána in accordance with section 103 of the Act of 1961 he would have been eligible for the grant to or in respect of him a pension, gratuity or other allowance on retirement or death under the arrangements in relation to such matters that applied in relation to him immediately before he became employed by the Authority—
he shall be eligible for and shall have granted to or in respect of him by the Authority the like pension, gratuity or other allowance and for that purpose his service with the Authority corresponding to his pensionable service immediately before he became employed by the Authority shall be deemed to be pensionable service.