Chapter 3

Integration Measures

57 .— (1) The Authority shall either itself or in co-operation with other persons promote the use of public transport in the GDA.

(2) The Authority shall, for the purposes of promoting public transport, design, develop and secure the implementation of a single brand to be used by all public transport operators providing services in accordance with a public transport services contract with the Authority in the GDA.

(3) The Authority may give a direction to a public transport operator providing services in accordance with a public transport services contract or a public transport authority to take such actions as, in the view of the Authority, are necessary to ensure the promotion of public transport and the promotion and use of a single public transport brand in the GDA.

58 .— (1) The Authority shall develop, procure, implement, operate and maintain an integrated ticketing scheme in a fair and non-discriminatory manner for public transport in the GDA or such other areas or public passenger transport services as may be specified by the Minister under section 63 .

(2) The Authority may assign any or all of its functions in relation to the development, procurement, implementation, operation and maintenance of an integrated ticketing scheme to a third party.

(3) The Authority may terminate or vary at any time an assignment of functions under subsection (2).

(4) The Authority shall prescribe measures for the regulation of an integrated ticketing scheme including revenue-sharing among the public transport operators involved.

(5) Any integrated ticketing system established or in design at the time of commencement of this section, in accordance with the order revoked by subsection (11), is transferred to the Authority. Any contract entered into by or property belonging to the RPA in relation to such a system transfers to the Authority.

(6) Notwithstanding any enactment, other rules of law or, in the case of a company any provision contained in the memorandum and articles of association of that company, the Authority shall give a direction to all or such public transport operators as it considers appropriate to—

(a) be members of an integrated ticketing scheme,

(b) install any necessary equipment in their vehicles, at their premises or at the premises of persons acting as their agents, and

(c) comply with requirements specified by the Authority for an integrated ticketing scheme.

(7) Notwithstanding subsection (6), the Authority and a public transport operator which is not providing public passenger transport services in accordance with a public transport services contract may enter into an agreement for the purposes of the public transport operator being a member of an integrated ticketing scheme.

(8) Where during the development of an integrated ticketing scheme the Authority—

(a) gives a direction under subsection (6)(b) or (c) to a public transport operator which is not providing public passenger transport services in accordance with a public transport services contract, or

(b) makes an agreement under subsection (7),

it shall reimburse the public transport operator such additional costs in relation to the installation and integration of the integrated ticketing equipment as is deemed reasonable by the Authority.

(9) (a) The Authority is the owner of any information or data related to an integrated ticketing scheme generated by—

(i) the Authority or a third party who has been assigned a function under subsection (2), or

(ii) a public transport operator who is a member of the integrated ticketing scheme.

(b) The Authority or a third party who has been assigned a function under subsection (2) shall provide adequate safeguards to ensure the security of commercially sensitive data received from members of the integrated ticketing scheme and shall ensure that such data are not disclosed to third parties without the consent of the relevant member.

(c) Nothing in paragraph (b) prevents the use of information or data generated or provided under this section for the purposes of other functions of the Authority, or the provision of the data to other statutory authorities for the discharge of their functions, provided that such use does not result in the disclosure of, what is in the opinion of the Authority, commercially sensitive information in relation to an identifiable person or public transport operator except with the consent of such person or operator.

(10) Where the Authority terminates or varies an assignment in accordance with subsection (3), it shall recompense the assignee for the reasonable costs, if any, incurred by it up to the time of termination or variation.

(11) The Transport (Railway Infrastructure) Act 2001 (Additional Functions) (Integrated Ticketing) Order 2002 (S.I. No. 84 of 2002) is revoked.

(12) In this section “integrated ticketing scheme” means a scheme of ticketing which enables a passenger to access one or more public passenger transport services for a single trip or multiple trips on such services, irrespective of the number of public passenger transport services or operators involved in making that trip or those trips.

59 .— (1) The Authority may develop, procure, implement, operate and maintain a fares scheme for public transport in the GDA or such other areas or public passenger transport services as may be specified by the Minister under section 63 .

(2) The Authority may assign any or all of its functions in relation to the development, procurement, implementation and maintenance of a fares scheme to a third party.

(3) The Authority may terminate or vary at any time an assignment of functions under subsection (2).

(4) Notwithstanding any enactment, other rules of law or, in the case of a company any provision contained in the memorandum and articles of association of that company, the Authority shall give a direction to all or such public transport operators as it considers appropriate—

(a) to be members of a fares scheme,

(b) concerning the means and frequency by which costs and revenues are to be shared amongst members of the scheme in a transparent and non-discriminatory manner,

(c) concerning the equipment required by the Authority and the members of the scheme for the operation of the scheme,

(d) concerning procedures for the provision, maintenance and confidentiality of data required to operate the scheme,

(e) concerning procedures for the resolution of grievances, and

(f) concerning the retention of moneys to cover the administrative costs of operating the scheme.

(5) Notwithstanding subsection (4), where the Authority and a public transport operator which is not providing public passenger transport services in accordance with a public transport services contract agree to do so, the Authority may enter into an agreement with such public transport operator for the purposes of the public transport operator being a member of a fares scheme.

(6) Where the Authority—

(a) gives a direction under subsection (4)(a) to a public transport operator which is not providing public passenger transport services in accordance with a public transport services contract it shall, or

(b) makes an agreement under subsection (5) it may,

reimburse the public transport operator such net loss of revenue, if any, in relation to participation in such scheme and in assessing such net loss of revenue, the Authority shall take into account revenue losses incurred or likely to be incurred by the operator which would not otherwise have been incurred, less any additional revenue or other benefits received or likely to be received by the operator by virtue of participating in such a scheme.

(7) Where the Authority terminates or varies an assignment in accordance with subsection (3), it shall recompense the assignee for the reasonable costs, if any, incurred by it up to the time of termination or variation.

(8) In this section “fares scheme” means a scheme made by the Authority which specifies the nature, conditions and levels of fares to be charged by members of the scheme for journeys made on public passenger transport services and for any ancillary matters.

60 .— (1) The Authority may develop, procure, implement, operate and maintain an information scheme (“integrated information scheme”) for public transport in the GDA or such other areas or public passenger transport services as may be specified by the Minister under section 63 .

(2) The integrated information scheme—

(a) shall provide an integrated multi-modal timetable of public passenger transport services to inform users of the full range and times of public passenger transport services available including details on the accessibility elements of such services,

(b) shall, where practicable, provide for the provision of information to users of public passenger transport services on a real time basis, and

(c) may provide information and data to the Authority for the performance of its functions.

(3) The Authority may decide the means by which the integrated information scheme is made available but it shall, at minimum, ensure that the timetable referred to in subsection (2)(a) is available in accessible paper and electronic formats including on the internet. The Authority shall endeavour to make the integrated information scheme available in alternative, accessible formats.

(4) The Authority shall ensure that the integrated information scheme is as up-to-date as is reasonable and practicable at all times.

(5) Notwithstanding any enactment, other rules of law or, in the case of a company any provision contained in the memorandum and articles of association of that company, the Authority shall give a direction to all or such public transport operators as it considers appropriate for the provision of the integrated information scheme to—

(a) generate and provide information in a manner, form and within a time specified by the Authority, and

(b) comply with any requirements specified by the Authority for an integrated information scheme.

(6) The Authority may assign any or all of its functions in relation to the development, procurement, implementation, operation and maintenance of an integrated information scheme to a third party.

(7) The Authority may terminate or vary at any time an assignment of functions under subsection (6).

(8) Where the Authority terminates or varies an assignment in accordance with subsection (7), it shall recompense the assignee for the reasonable costs incurred, if any, by it up to the time of termination or variation.

(9) (a) The Authority is the owner of any information or data related to an integrated information scheme generated by—

(i) the Authority or a third party who has been assigned a function under subsection (6), or

(ii) a public transport operator pursuant to a direction under subsection (5).

(b) The Authority or a third party who has been assigned a function under subsection (6) shall provide adequate safeguards to ensure the security of commercially sensitive data generated or provided under this section in relation to the integrated information scheme and shall ensure that such data are not disclosed to third parties without the consent of any relevant public transport operator.

(c) Nothing in paragraph (b) prevents the use of information or data generated or provided under this section for the purposes of other functions of the Authority, or the provision of the data to other statutory authorities for the discharge of their functions, provided that such use does not result in the disclosure of, what is in the opinion of the Authority, commercially sensitive information in relation to an identifiable person or public transport operator except with the consent of such person or operator.

61 .— (1) The Authority may develop, procure, implement, operate and maintain an information system (“ road user information system ”) in the GDA to provide road users with information, including real-time information, on traffic and travel conditions.

(2) The Authority may decide the means by which the road user information system is made available.

(3) The Authority shall consult with and consider the views of the NRA and road authorities before exercising its functions under subsection (1) or (5)(a).

(4) Where the NRA or a road authority proposes to establish a road user information system in the GDA or proposes to modify an existing road user information system, it shall consult with and consider the views of the Authority.

(5) Notwithstanding any enactment, other rules of law or, in the case of a company any provision contained in the memorandum and articles of association of that company, the Authority may—

(a) give a direction to the NRA or a road authority in respect of any road user information system in the GDA provided by or on behalf of the NRA or road authority,

(b) in the exercise of its functions under subsection (1), give a direction to the NRA, a road authority, a public transport operator, an operator of a tolling scheme, or such other holders of information as it considers necessary for the provision of the road user information system to—

(i) generate and provide information in a manner, form and within a time specified by the Authority, and

(ii) comply with any requirements specified by the Authority for a road user information system.

(6) The Authority may assign any or all of its functions in relation to the development, procurement, implementation, operation and maintenance of a road user information system to the NRA, a road authority or any other person.

(7) The Authority may terminate or vary at any time an assignment of functions under subsection (6).

(8) Where the Authority terminates or varies an assignment in accordance with subsection (7), it shall recompense the assignee for the reasonable costs incurred, if any, by it up to the time of termination or variation.

62 .— (1) The Authority may designate any bus stop, bus stand, bus or railway station in the GDA to be a shared facility (“ shared facility ”).

(2) Where a bus stop, bus stand, bus or railway station handles public passenger transport services which include services which originate or terminate outside the functional area of the Authority, a designation under subsection (1) may only be made with the consent of the Minister.

(3) The Authority shall specify either generally or in relation to a class of shared facility or in relation to an individual shared facility the conditions under which the owner or operator of a shared facility shall allow access to the shared facility by a public transport operator, including but not limited to—

(a) the level of access to be allowed,

(b) the services (including structures and equipment) to be made available, and

(c) the level of any compensation to be paid by a public transport operator to the owner or operator of a shared facility in respect of such access and the provision of such services.

(4) The Authority shall, where it is considering the making of a designation under subsection (1) or the specifying of conditions under subsection (3), consult with and consider the views of the owner and operator of the relevant facility or facilities and with any public transport operator or other person who might be affected by the making of the designation as the Authority deems appropriate.

(5) Where the Authority designates a shared facility under subsection (1) that designation shall (notwithstanding any enactment, other rules of law or, in the case of a company any provision contained in the memorandum and articles of association of that company) be deemed to be a direction given by the Authority requiring the owner or operator of the shared facility or facilities concerned to comply with the conditions specified by the Authority under subsection (3).

(6) The Authority shall ensure that the level of compensation which is payable by a public transport operator to the owner or operator of a shared facility in accordance with the conditions specified under subsection (3) shall be determined on a reasonable cost, non-discriminatory basis, having regard to appropriately depreciated costs incurred by the owner or operator concerned in providing, maintaining and operating that shared facility.

(7) The Authority may publish guidelines on access to shared facilities (including the design, construction and operation of such facilities) and public transport operators and owners or operators of a shared facility shall have regard to these guidelines when operating or using such shared facilities.

(8) For the purposes of this section, a bus station and a railway station means a place at which persons, who are not employees of a public transport operator, access or alight from public passenger transport services.

63 .— (1) The Minister may by order extend the functions assigned to the Authority under section 58 , 59 or 60 to apply—

(a) to a specified area or areas outside the GDA either generally or in respect of a specified class or classes of public passenger transport services, or

(b) in respect of public passenger transport services or a specified class or classes of public passenger transport services provided outside the GDA by a specified public transport operator.

(2) The Authority may, by agreement with a public transport operator, include services provided by that operator which do not operate exclusively within the GDA under the remit of any function of the Authority under this Part.