European Union (Rights of Passengers when Travelling by Sea and Inland Waterway) Regulations 2012

• Jurisdiction: Ireland
• Citation: IR SI 394/2012
• Year: 2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th October, 2012.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, 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 (EU) No. 1177/2010 of the European Parliament and of the Council of 24 November 20101 , hereby make the following regulations:

1. (1) These Regulations may be cited as the European Union (Rights of Passengers when Travelling by Sea and Inland Waterway) Regulations 2012.

(2) These Regulations come into operation on 18 December 2012.

2. In these Regulations—

“Authority” means National Transport Authority;

“EU Regulation” means Regulation (EU) No. 1177/2010 of the European Parliament and of the Council of 24 November 20101;

“provider” means carrier, Union carrier, performing carrier, ticket vendor, travel agent, tour operator or terminal operator (within the meaning of the EU Regulation) as the case may be.

3. The Authority is designated responsibility for the enforcement of the EU Regulation in the State which, accordingly, is a function of the Authority under the Dublin Transport Authority Act 2008 (No. 15 of 2008) and, accordingly, references in section 78 and 79 of that Act to a public transport authority or operator shall be read as including references to a provider.

4. (1) The Authority, either on its own initiative or following a complaint to it by a passenger, being of the opinion that a provider is failing to comply with or is infringing the EU Regulation shall cause to be served on the provider a notice specifying the failure or infringement concerned and requiring the provider to take such measures as are specified in the notice, within such period as may be specified, for the purposes of complying with the notice.

(2) A provider on whom a notice is served under paragraph (1) may, within 21 days of the service of the notice, make representations to the Authority. The Authority shall consider any such representations and shall by notice, confirm, modify or withdraw the notice.

(3) A provider on whom a notice is served under this Regulation who fails to comply with the notice commits an offence and is liable—

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding €250,000.

5. (1) A notice that is required to be served on a person under these...