30/09/09
Dempsey publishes new Public Transport Regulation Bill 2009
Date: September 2009
Title: Dempsey publishes new Public Transport Regulation Bill 2009
Mr. Noel Dempsey TD, Minister for Transport announced today that he has published the Public Transport Regulation Bill 2009. The primary focus of this new Bill is to place the bus passenger at the centre of a new, transformed national bus licencing regime and to replace the current outmoded and inadequate regime that has applied to the authorisation of bus routes for some 77 years.
Speaking today on the publication of the new Bill Minister Dempsey said; “The publication of this new bill today, following the Dublin Transport Authority Act last year, completes the final phase in our national bus licencing transformation programme. The legislative regime that had applied up to now in respect of the authorisation of bus routes has long been recognised as inadequate and in need of major reform. In the case of private operators, the legislation dates back to 1932 and is clearly not fit for purpose in supporting the provision of a modern bus service that places consumer needs at its core. Today we are introducing a completely new consumer centred regime for bus operators.”
The Public Transport Regulation Bill 2009 will fulfil the Programme for Government Commitment to create a level playing field for all bus operators, both public and private, in the provision of bus services. All bus operators will for the first time be licenced to operate services under the same rules and there will be a role for the Competition Authority in approving guidelines for the issue of licences.
Old System
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New System
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One set of rules for commercial bus services run by Bus Eireann and Dublin Bus and another set of rules for private bus operators
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Same rules with now apply to all commercial bus services (public and private)
(i.e. level playing field created for all bus operators in line with Programme for Government commitment)
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The legislation governing this area to date (the Road Transport Act 1932) was designed to protect the then rail network not to enhance bus services for consumers.
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Consumer needs will be at the centre of consideration of applications for all bus licences in future |
Dept of Transport responsible for issuing all bus route licences (on both loss making and commercial routes).
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The issuing and administration of all bus route licences (both commercial and loss making routes) will transfer from the Dept of Transport to the new Dublin Transport Authority.
(This will lead to a faster, more integrated, efficient system for granting licences).
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Outdated criteria in place against which applications for bus route licences were considered.
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Comprehensive new regime being put in place with consumer needs at its core |
No system of penalties or powers to revoke bus licences for poor performance, etc in place.
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Very extensive powers to penalise companies and revoke licences for poor performance now in place. |
Neither Bus Eireann nor Dublin Bus services were subject to any legally binding performance based and transparent contracts in exchange for the granting of State funds.
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Such new robust contracts will be in place by 1 December 2009 thus making both companies more accountable for their expenditure of State funds. |
Dublin Transport Authority (DTA) was responsible for transport planning and provision in the Greater Dublin Area only.
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DTA will become in the National Transport Authority (NTA) and have a national remit in the area of bus route licensing and public transport service contracts, etc.
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Commission for Taxi Regulation (CTR) was an independent/stand alone body
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CTR will be integrated into the NTA
(As a result, the NTA will be responsible for regulation and control of all modes of land transport in the State).
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Only public bus operators could operate State subvented bus routes
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All new licences for State subvented routes will be put out to tender (i.e. public and private operators will for the first time be able to apply to win the right to operate these subvented routes)
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If a bus licence application was rejected there was no statutory appeals mechanism in place.
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A statutory appeals mechanism is included in the Bill |
No powers of detention existed to allow “Authorised Officers” to seize a taxi driven by someone who did not hold a taxi driver licence. |
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An “Authorised Officer” can in the presence of a member of the Garda Siochana seize a taxi (vehicle) operating illegally (for example without a taxi driver licence)
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Provision of bus priority measures a matter for Local Authorities (LA’s) only.
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NTA/DTA will have step in powers to expedite priority bus measures if LA’s fail to make acceptable progress.
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Minister Dempsey added; “Bus passengers deserve the best possible bus service and that is what this new regime is designed to deliver. The current situation whereby the authorisation of services by the State bus companies is pursued under separate arrangements than those which apply to the private sector is being brought to an end. This new Bill means that the needs of consumers will be at the centre of the consideration of applications for bus licences in future.”
This new bill sees responsibility for the administration and issuance of bus licences transfer from the Department of Transport to the Dublin Transport Authority (DTA) which will now have a national remit. To reflect that expanded remit the DTA will be renamed as the National Transport Authority. This new national Authority will be in place before the end of the year.
The National Transport Authority (NTA) will be in a position to oversee the development of national transport services in a planned and integrated manner in the future. This bill will also provide that the Commission for Taxi Regulation will be subsumed into the NTA. As a result the Authority will be responsible for the regulation and control of all modes of public land transport in the State.
Source: Department of Transport Website
