Dublin Transport Authority Act, 1986
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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. |