European Union (Rights of Passengers when Travelling by Bus and Coach Transport) Regulations 2013

• Jurisdiction: Ireland
• Citation: IR SI 152/2013
• Year: 2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th May, 2013.

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. 181/2011 of the European Parliament and of the Council of 16 February 20111 , hereby make the following regulations:

1. These Regulations may be cited as the European Union (Rights of Passengers when Travelling by Bus and Coach Transport) Regulations 2013.

2. (1) In these Regulations—

“Authority” means National Transport Authority;

“EU Regulation” means Regulation (EU) No. 181/2011 of the European Parliament and of the Council of 16 February 20111;

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

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

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) Notwithstanding paragraph (1), the Authority may decide that a passenger as a first step shall submit a complaint to the provider concerned. In which case the Authority shall act as an appeal body for complaints not resolved in accordance with Article 27 of the EU Regulation.

(3) 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...