National Transport Authority (Public Passenger Transport Services) Bye-Laws 2019

• Jurisdiction: Ireland

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 25th June, 2019.

The National Transport Authority, having obtained the prior written consent of the Minister for Transport, Tourism and Sport, in accordance with Section 56A(8) of the Dublin Transport Authority Act 2008 (No. 15 of 2008) to the making of these Bye-laws, in exercise of the powers conferred on it by Section 56A of the Dublin Transport Authority Act 2008 , hereby makes the following Bye-laws.

Citation And Commencement

1. (1) These Bye-laws may be cited as the National Transport Authority (Public Passenger Transport Services) Bye-laws 2019.

(2) These Bye-laws shall come into operation on 1 July 2019.

(3) These Bye-laws apply to all public bus services or ancillary public passenger transport services secured by the National Transport Authority pursuant to Section 48 or Section 52 of the Dublin Transport Authority Act 2008 except for those awarded pursuant to Section 52 of the Dublin Transport Authority Act 2008 as direct award contracts to Bus Éireann–Irish Bus and Bus Átha Cliath–Dublin Bus.

Interpretation

2. (1) In these Bye-laws -

“appropriate fare” means such charges for the conveyance of passengers and their baggage as may be fixed by the National Transport Authority and published from time to time by the operator;

“authorised person” means any person appointed and acting as an authorised person in accordance with Section 56B of the Dublin Transport Authority Act 2008 or a member of An Garda Siochána whose presence has been requested by an authorised person or the Authority;

“Authority” means the National Transport Authority;

“baggage” means an item of luggage accompanied by a passenger on a vehicle or carried on behalf of a passenger in the luggage compartment of a vehicle;

“bus stop” means a designated stopping place (whether or not indicated by a sign erected by or on behalf of the operator) at which passengers may board or alight from a vehicle;

“controlled drug” has the same meaning as it has in Section 2 of the Misuse of Drugs Act 1977 (No. 12 of 1977);

“intoxication” means being under the intoxicating influence of any alcoholic drink, controlled drug, solvent or any other substance or combination of substances;

“large public service vehicle” has the same meaning as it has in Section 3 of the Road Traffic Act 1961 (No. 24 of 1961);

“Leap Card” means a ticket that stores travel value electronically and is issued in connection with an integrated ticketing scheme made under the Dublin Transport Authority Act 2008 ;

“operator” means any of the National Transport Authority and such other person with whom the National Transport Authority, from time to time, has made arrangements under Section 48 or Section 52, as applicable, of the Dublin Transport Authority Act 2008 to provide a public bus service or ancillary public passenger transport service other than Bus Éireann–Irish Bus or Bus Átha Cliath-Dublin Bus to the extent either is providing public bus services pursuant to a direct award contract entered into pursuant to Section 52 of the Dublin Transport Authority Act 2008 ;

“passenger” means a person (excluding a responsible person) travelling on a vehicle and includes an intending passenger;

“pay”, in relation to a fare, includes validate by prepaid Leap Card in accordance with Bye-law 19;

“responsible person” means any officer, employee or agent of an operator acting in the course of his or her duty upon or in connection with the provision of passenger services, any authorised person or a member of An Garda Síochána whose attendance is requested by a responsible person or an authorised person;

“standard fare” means a fixed payment payable to the Authority pursuant to Section 56D of the Dublin Transport Authority Act 2008 and is €100 or the amount set by the Minister for Transport Tourism and Sport under Section 56D(1)(b) of the Dublin Transport Authority Act 2008 ;

“ticket” means any ticket, document or electronic method of storing travel value issued for the conveyance of a passenger by the operator, a sub-contractor on behalf of the operator, an associate of the operator in the provision of jointly operated services or the Government Department managing the free travel scheme and includes in particular, but without prejudice to the generality of the foregoing, a Leap Card, Tax-saver ticket, commuter ticket, Free Travel Public Services Card, privilege ticket, or any warrant, identity card, voucher, electronic voucher or other similar authority in exchange for, or on production of which, a ticket for the conveyance of a passenger may be issued;

“valid ticket” means a ticket which complies with these Bye-laws and for which an appropriate fare has been paid in respect of the journey to be made or just completed;

“vehicle” means a large public service vehicle which is in use by the operator in the provision of public bus services or ancillary public passenger transport services.

(2) A reference to a vehicle shall, where applicable, be read as a reference to a vehicle operated for and on behalf of the operator by an authorised agent or sub-contractor, irrespective of whether such vehicle is specifically so identified.

Boarding And Alighting From A Vehicle

3. A person shall not -

(a) use any entrance on a vehicle for any purpose other than boarding and alighting (if appropriate) the vehicle,

(b) use any exit on a vehicle for any purpose other than alighting from the vehicle, or

(c) use any emergency exit on a vehicle for any purpose other than alighting from the vehicle in an emergency, save for the purpose of boarding or alighting from the vehicle if so directed or otherwise allowed by a responsible person.

4. A person (with the exception of a responsible person) shall not open the door of a vehicle except in the event of an accident or emergency.

5. A person (with the exception of a responsible person) shall not stand, or attempt to stand, on the entrance steps of a vehicle while it is in motion.

6. A person shall not place luggage, parcels or other articles in such a position as to be liable to obstruct the driver, the driver’s view, any equipment on the vehicle or any entrance or exit.

7. A person (with the exception of a responsible person) shall not board or alight from, or attempt to board or alight from, a vehicle while it is in motion or between stops.

8. A person shall not attempt to board, or alight from, a vehicle after the doors have commenced closing.

9. A person shall not board or alight from, or attempt to board or alight from, a vehicle through the door where a wheelchair ramp is being extended or retracted.

10. A person shall not interfere with the operation of a wheelchair lift or a wheelchair ramp.

11. Where notices are exhibited on a vehicle indicating that a door of the vehicle is to be used for entrance and another door of the vehicle for exit a person shall not (except in the case of an accident or other emergency or with the consent of a...