PART 2

Dublin Transport Authority

Chapter 1

Establishment of Dublin Transport Authority

8 .— The Minister may appoint by order a day to be the establishment day for the purposes of this Part.

9 .— (1) There stands established on the establishment day a body to be known in the English language as the Dublin Transport Authority or in the Irish language, Údarás Iompair Bhaile Átha Cliath, and in this Act referred to as the Authority, to perform the functions assigned to it by or under this Act.

(2) The functional area of the Authority is the GDA.

(3) The Authority is a body corporate with perpetual succession and a seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or any other property or any other interest in land or any other property (freehold or leasehold).

(4) The Authority shall, as soon as may be after its establishment, provide itself with a seal, which shall be authenticated by the signature of a member of the Authority or of another person authorised by the Authority to act in that behalf.

(5) All courts shall take judicial notice of the seal of the Authority and every instrument purporting to be an instrument made by the Authority and to be sealed with its seal (purporting to be authenticated in accordance with subsection (4)) shall be received in evidence and be deemed to be such instrument without further proof, until the contrary is shown.

10 .— In exercising its functions the Authority shall seek to achieve the following objectives—

(a) the development of an integrated transport system which contributes to environmental sustainability and social cohesion and promotes economic progress,

(b) the provision of a well-functioning, attractive, integrated and safe public transport system for all users,

(c) improved access to the transport system and, in particular, to public passenger transport services by persons with disabilities,

(d) increased use of the public transport system,

(e) increased recourse to cycling and walking as means of transport, and

(f) value for money.

11 .— (1) The principal functions of the Authority are to—

(a) undertake strategic planning of transport,

(b) promote the development of an integrated, accessible public transport network,

(c) regulate public transport fares,

(d) promote increased recourse to cycling and walking as a means of transport, and

(e) secure the—

(i) provision of public passenger transport services,

(ii) provision of public transport infrastructure,

(iii) provision of integrated ticketing and information systems for public transport,

(iv) effective management of traffic,

(v) effective management of transport demand,

(vi) development and implementation of a single public transport brand,

(vii) collection of statistical data and information on transport, and

(viii) conduct of research into transport.

(2) The Authority may do all such things as arise out of or are consequential on or are necessary or expedient for the performance of its functions or are ancillary thereto.

(3) The Minister may, with the consent of the Minister for Finance, by order confer on the Authority such additional functions in relation to transport as, from time to time, he or she considers appropriate.

12 .— (1) (a) The Authority shall make a strategic transport plan (“ transport strategy ”) in accordance with this section.

(b) The Authority’s first transport strategy shall incorporate the work done on a new transport strategy by the DTO (until such time as it is dissolved under section 102 ).

(c) Should the DTO complete its new transport strategy before it is dissolved under section 102 , that strategy shall be considered to be the Authority’s first transport strategy for the purposes of this section.

(2) The Authority shall endeavour to ensure that the first transport strategy shall be published not later than one year following the review of the regional planning guidelines for the GDA in accordance with section 26 of the Act of 2000.

(3) The objective of the transport strategy shall be to provide a long-term strategic planning framework for the integrated development of transport infrastructure and services in the GDA.

(4) A transport strategy shall consider the future development of the transport system in the GDA for a period of not less than 12 years and not more than 20 years.

(5) When preparing a transport strategy the Authority shall have regard to—

(a) the National Spatial Strategy,

(b) the regional planning guidelines in force for the GDA,

(c) the development plans in force in the GDA, the Dublin Docklands Development Authority’s master plan and the Grangegorman Development Agency’s strategic plan,

(d) Transport 21 or any subsequent capital investment framework for transport published by the Minister or Government,

(e) the Department of Transport’s sectoral plan under the Disability Act 2005 or any subsequent sectoral plan under that Act,

(f) demographic, economic, social, travel and transport trends in the GDA,

(g) existing, planned and projected land use developments,

(h) trends and requirements of persons travelling from outside the GDA into the GDA, and vice versa, and the demand for such travel,

(i) any proposals received from public transport authorities and operators, and

(j) such other matters as may be prescribed by the Minister or as the Authority considers appropriate.

(6) The Authority shall ensure that the transport strategy is consistent with relevant regional planning guidelines for the GDA prepared in accordance with Chapter III, Part II, of the Act of 2000.

(7) A transport strategy shall be prepared in such form and manner as may be directed by the Minister.

(8) The Authority shall—

(a) in the course of preparing a transport strategy, and

(b) after publishing a preliminary draft of the strategy,

consult with and consider the views of the Minister for the Environment, Heritage and Local Government, the regional authorities within the GDA, the NRA, the Dublin Docklands Development Authority, the Grangegorman Development Agency, local authorities, the Garda Síochána, local communities, transport users, public transport operators, port and airport authorities or companies and other interested parties in the GDA and shall invite and consider written public submissions.

(9) The Authority shall, after completing the consultation required under subsection (8), submit a draft of its transport strategy to the Minister for his or her approval.

(10) When submitting a draft of its transport strategy to the Minister under subsection (9), the Authority shall send a copy of that draft to the regional authorities within the GDA and those regional authorities shall, within 4 weeks of their receipt of the draft, issue a notice to the Authority, the Minister and the Minister for the Environment, Heritage and Local Government stating whether, in their view, the draft strategy is—

(a) consistent with the regional planning guidelines for the GDA, or

(b) not consistent with the regional planning guidelines for the GDA and in such case what amendments to the draft strategy they consider necessary to achieve such consistency.

(11) (a) When submitting a draft of its transport strategy to the Minister under subsection (9), the Authority shall send a copy of that draft to the Joint Oireachtas Committee.

(b) Whenever so requested, the chairperson and the chief executive shall appear before the Joint Oireachtas Committee to discuss the draft strategy.

(c) The Joint Oireachtas Committee may, within 4 weeks of its receipt of the draft transport strategy, submit a report to the Minister containing recommendations on it.

(d) In this section “Joint Oireachtas Committee” means a Joint Committee of the Houses of the Oireachtas to which the Oireachtas has assigned the role of examining matters relating to transport.

(12) Where a notice received by the Minister from the regional authorities within the GDA under subsection (10) contains a statement of the type referred to in subsection (10)(b) the Minister may, after consulting with the Minister for the Environment, Heritage and Local Government, take any of the actions specified in subsection (13) and where he or she does not accept, or does not fully accept, the advice of the regional authorities given under subsection (10), he or she shall inform the regional authorities in writing of the reasons for such decision.

(13) Following the expiry of the period of 4 weeks referred to in subsection (10), the Minister may, having considered any notice or report received under subsections (10) or (11), in relation to a draft transport strategy submitted to him or her—

(a) approve the draft,

(b) approve it with modifications,

(c) instruct that it be resubmitted to him or her in a modified form for approval, or

(d) refuse to approve it.

(14) The Minister shall, as soon as practicable after he or she has approved (with or without modifications) a transport strategy under subsection (13), cause a copy of it to be laid before each House of the Oireachtas.

(15) As soon as practicable after the Minister has notified the Authority that he or she has approved a transport strategy, the Authority shall publish it and take all reasonably practical steps to implement it.

(16) Where the Authority has made a transport strategy, it shall not later than 6 years after the making of the strategy and not less than once in every period of 6 years thereafter, review such strategy and when so reviewing, it may revoke the strategy and make a new strategy.

(17) Where the Authority makes a new transport strategy, it must do so in accordance with this section and the new strategy supersedes any previous strategy.

13 .— (1) As soon as practicable after the establishment day, and thereafter within 9 months of the approval by the Minister of a transport strategy, the Authority shall make a plan (“ integrated imple mentation plan ”) for the ensuing 6 year period in accordance with this section.

(2) An integrated implementation plan shall comprise—

(a) an infrastructure investment programme, identifying the key objectives and outputs to be pursued by the Authority over the period of the plan,

(b) the actions to be taken by the Authority to ensure the effective integration of public transport infrastructure over the period of the plan,

(c) an integrated service plan, identifying the key objectives and outputs to be pursued by the Authority in relation to the procurement of public passenger transport services over the period of the plan,

(d) the actions to be taken by the Authority to ensure the effective integration of public passenger transport services over the period of the plan, and

(e) such other matters as the Authority considers appropriate or as may be prescribed by the Minister.

(3) An integrated implementation plan shall be prepared in such form and manner as may be directed by the Minister and have regard to—

(a) any proposals received from public transport authorities and operators, and

(b) the need to ensure the most beneficial, effective and efficient use of Exchequer resources.

(4) The Minister, in consultation with the Minister for Finance, shall provide to the Authority written guidance on multi-annual funding arrangements and the Authority shall have regard to such guidance in preparing an integrated implementation plan.

(5) The Authority shall, in the course of preparing an integrated implementation plan, consult with and consider the views of local authorities, the Garda Síochána, local communities, transport users, public transport operators, port and airport authorities or companies and other interested parties in the GDA and shall invite written public submissions on the plan.

(6) The Authority shall submit a draft of its integrated implementation plan to the Minister for his or her approval.

(7) The Minister may, in relation to a draft integrated implementation plan submitted to him or her—

(a) approve the draft,

(b) approve it with modifications,

(c) instruct that it be resubmitted to him or her in a modified form for approval, or

(d) refuse to approve it.

(8) The Minister shall as soon as practicable after he or she has approved (with or without modifications) an integrated implementation plan under subsection (7), cause a copy of it to be laid before each House of the Oireachtas.

(9) As soon as practicable after the Minister has notified the Authority that he or she has approved an integrated implementation plan, the Authority shall publish it and take all reasonably practical steps to implement it.