European Communities (Rail Passengers' Rights and Obligations) Regulations, 2010

• Jurisdiction: Ireland
• Citation: IR SI 646/2010
• Year: 2010

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st December, 2010.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving full effect to Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of 23 October 20071 , hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Communities (Rail Passengers’ Rights and Obligations) Regulations 2010.

Interpretation

2. (1) In these Regulations—

“Authority” means National Transport Authority;

“documents, records or other information” has the meaning assigned to it by Regulation 6(9);

“provider”, means railway undertaking, carrier, substitute carrier, infrastructure manager, station manager, tour operator or ticket vendor (within the meaning of the Regulation (EC)), as the case may be;

“Regulation (EC)” means Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of 23 October 20071.

(2) A word or expression which is used in these Regulations and is also used in the Regulation (EC) has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Regulation (EC).

Designated body

3. The Authority is designated as the body responsible for the enforcement of the Regulation (EC).

Improvement plan

4. (1) Where the Authority, on its own initiative or following a complaint to it by a rail passenger, is of the opinion that an activity being or likely to be carried on by or under the control or on behalf of a provider and the activity involves, or is likely to involve a contravention of the Regulation (EC), the Authority may give a direction in writing to a provider requiring the submission to the Authority, within a time specified in the direction of a plan (“improvement plan”) specifying the remedial action proposed to be taken to rectify the matters set down in the direction.

(2) Where an improvement plan is submitted in accordance with paragraph (1) or re-submitted under subparagraph (b), the Authority shall, within 30 days, write to the provider—

(a) stating that it is satisfied with the remedial action taken or proposed to be taken, or

(b) if the Authority is not satisfied that the plan is adequate, directing that the plan be revised and re-submitted to the Authority within a time specified in the direction.

(3) The Authority may withdraw a direction under this Regulation at any time before a date specified in it or may extend and further extend such date.

Improvement notice

5. (1) Where the Authority, on its own initiative or following a complaint to it by a rail passenger, is of the opinion that a provider is contravening or has contravened or is failing to comply or has failed to comply with the Regulation (EC) or has failed, following a direction under Regulation 4, to submit or implement an appropriate improvement plan, the Authority may serve on a provider a notice (“improvement notice”) in writing stating that the Authority is of that opinion and the improvement notice shall—

(a) specify the provision as to which the Authority is of that opinion,

(b) give particulars of the reasons why the Authority is of that opinion,

(c) where applicable, state that the provider has failed to submit or implement an improvement plan, and

(d) direct that the provider remedy the alleged contraventions by a date specified in the notice, which shall not be earlier than the expiration of the period within which an appeal can be brought under paragraph (4).

(2) An improvement notice may include directions as to the measures to be taken to remedy the alleged contraventions set out in the notice.

(3) Where the Authority proposes to serve an improvement notice, the Authority shall first notify the provider in writing of the Authority’s intention to serve the improvement notice and the provider in question may, within 21 days, make representations to the Authority who shall consider them.

(4) Where the Authority decides, having considered any representations made to it under paragraph (3), to serve an improvement notice and so serves it, and where the provider in question is aggrieved by the improvement notice, then that provider may, within the period of 14 days beginning on the day on which the notice is served on it, appeal to the High Court against the notice and in determining the appeal the judge may—

(a) if he or she is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice with or without modification, or

(b) cancel the notice.

(5) A provider who appeals against an improvement notice shall at the same time notify the Authority of the appeal and the grounds for appeal and the Authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(6) Where...