PART 1

Preliminary and General

1 .— This Act may be cited as the Dublin Transport Authority Act 2008.

2 .— In this Act—

“ Act of 1950 ” means Transport Act 1950 ;

“Act of 1958” means Transport Act 1958 ;

“ Act of 1961 ” means Road Traffic Act 1961 ;

“ Act of 1986 ” means Transport (Re-organisation of Córas Iompair Éireann) Act 1986 ;

“Act of 1993” means Roads Act 1993 ;

“ Act of 1997 ” means Dublin Docklands Development Authority Act 1997 ;

“ Act of 2000 ” means Planning and Development Act 2000 ;

“ Act of 2001 ” means Transport (Railway Infrastructure) Act 2001 ;

“ Act of 2002 ” means Planning and Development (Amendment) Act 2002 ;

“ Act of 2005 ” means Grangegorman Development Agency Act 2005 ;

“ authorised officer ” means a person appointed under section 78 as an authorised officer of the Authority;

“ Authority ” means Dublin Transport Authority established under section 9 ;

“ bus ” means a mechanically propelled vehicle designed for travel by road having seating accommodation for more than 9 persons (including the driver);

“ Bus Éireann” means Bus Éireann-Irish Bus;

“bus stop” means a designated stopping place at which passengers may board or alight from buses;

“busway” has the meaning assigned to it by section 44(1) of the Act of 1993;

“ car ” means a mechanically propelled vehicle which is not an omnibus (within the meaning of the Act of 1961) bus or a bicycle or tricycle;

“ CIÉ ” means Córas Iompair Éireann;

“ Commissioner ” means Commissioner of the Garda Síochána;

“ company ” means company (within the meaning of the Companies Acts);

“ cycleway ” has the meaning assigned to it by section 68(1) of the Act of 1993;

“ DTO ” means Dublin Transportation Office;

“ Dublin Bus ” means Bus Átha Cliath-Dublin Bus;

“ GDA ” means Greater Dublin Area;

“Greater Dublin Area” has the meaning assigned to it by section 3 ;

“integrated implementation plan” is to be read in accordance with section 13 ;

“ interchange facilities ” means infrastructure or premises which facilitate transport users using different modes of transport, including but not limited to park and ride facilities and facilities that allow for the stopping, parking or standing of taxis, cycles, motor cycles, buses, trains and cars in order to facilitate users of one mode of transport transferring to another mode;

“ Irish Rail ” means Iarnród Éireann-Irish Rail;

“ land ” has the meaning assigned to it by the Act of 2000;

“light railway” means a railway designated as a light railway in a railway order made under the Act of 2001;

“ local authority ” has the meaning assigned to it by the Local Government Act 2001 ;

“ mechanically propelled vehicle ” has the meaning assigned to it by the Act of 1961;

“ metro ” means a railway designated as a metro in a railway order made under the Act of 2001;

“ Minister ” means Minister for Transport;

“ National Spatial Strategy ” means the National Spatial Strategy: 2002 - 2020 published by the Government on 28 November 2002 or any document published by the Government which amends or replaces it;

“ NRA ” means National Roads Authority;

“ prescribe ” means prescribe by regulations;

“ private car ” means a car which is not used for reward or to ply for hire;

“ public bus service ” means the use of a bus or buses travelling wholly or mainly on public roads for the carriage of passengers in such a manner that—

(a) the service is provided on a regular and scheduled basis,

(b) each journey is open to use by members of the public,

(c) carriage is provided for passengers between specified terminal points or along a specified route or otherwise in accordance with a published timetable, and

(d) a charge or charges are paid in respect of each passenger, and

is not a bus service solely for carrying children to or from school;

“ public passenger transport service ” means rail passenger service or public bus service;

“ public road ” has the meaning assigned to it by the Act of 1993;

“ public transport authority ” means CIÉ, Irish Rail, Bus Éireann, Dublin Bus, the RPA or a road authority;

“ public transport infrastructure ” means infrastructure constructed or provided, or proposed to be constructed or provided in connection with the provision of public passenger transport services, for the use of and which includes but is not limited to railway infrastructure, metro railway infrastructure, light railway infrastructure, rolling stock, buses, busways, bus garages, cycleways, cycle and pedestrian facilities, interchange facilities or such other class of infrastructure, facility, building or vehicle, whether of the same kind as the aforementioned or not, which the Authority has prescribed to be public transport infrastructure under section 44 (13);

“ public transport operator ” means Irish Rail, Bus Éireann, Dublin Bus, the RPA or a person providing public passenger transport services under a contract with the RPA, a person providing public passenger transport services under a contract with the Authority or a person operating a passenger road service in accordance with a passenger licence granted under the Road Transport Act 1932 within or partially within the GDA;

“ rail passenger service ” means a passenger transport service of general economic interest provided by rail to the public on a non-discriminatory and scheduled basis;

“ railway infrastructure ” has the meaning assigned to it by the Act of 2001;

“ regional authority ” means a body established in accordance with section 43 of the Local Government Act 1991 ;

“ road ” has the meaning assigned to it by the Act of 1993;

“ road authority” has the meaning assigned to it by the Act of 1993 and, except where otherwise specified, refers only to road authorities in the GDA;

“ RPA ” means Railway Procurement Agency;

“ subsidiary ” in sections 24 , 32 and 36 to 40 means subsidiary (within the meaning of section 155 of the Companies Act 1963 ) of the Authority;

“ superannuation benefits ” means pensions, gratuities and other allowances payable on resignation, retirement or death;

“ traffic management ” means the regulatory, administrative and other measures necessary for the purposes of facilitating, managing, regulating and controlling—

(a) the movement of persons and goods on public roads, or

(b) the parking of vehicles in public or other non-residential places;

“ transport strategy ” is to be read in accordance with section 12 ;

“Transport 21” means the capital investment framework published by the Minister in November 2005.

3 .— The Greater Dublin Area comprises—

(a) the city of Dublin,

(b) the administrative counties of South Dublin, Fingal, Dún Laoghaire-Rathdown, Kildare, Wicklow and Meath, and

(c) such other areas as may be declared by order, from time to time, by the Minister.

4 .— This Act, other than Parts 2 and 6, comes into operation on such day or days as may be fixed therefor by order or orders of the Minister, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.

5 .— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

6 .— (1) The Minister or the Authority, as the case may be, may make regulations for—

(a) any purpose in relation to which regulations are provided for in this Act, or

(b) prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

(2) A regulation under this section may contain such consequential, supplementary and ancillary provisions as the Minister or the Authority, as the case may be, considers necessary or expedient.

7 .— (1) Every order (other than an order under section 4 , 8 , 17 or 102 ) or regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as practicable after it is made.

(2) Every regulation made by the Authority under section 44 (13) or 58 (4) shall be laid before each House of the Oireachtas as soon as practicable after it is made.

(3) Either House of the Oireachtas may, by a resolution passed within 21 sitting days after the day on which a regulation or order is laid before it under this section, annul the regulation or order.

(4) The annulment of a regulation or order under subsection (3) takes effect immediately on the passing of the resolution concerned, but does not affect the validity of anything done under the regulation or order before the passing of that resolution.