Railway Services
Department of Transport, Tourism and Sport
The purpose of this Part is to provide for cross border rail services moving between Ireland and a country which is not part of the European Union.
Head 1 – Amendment of section 41 of the Railway Safety Act 2005 (International services)
Provide forAmendment to substitute the following for section 41 of the Railway Safety Act 2005-
Explanatory note:
For the purposes of international rail services, it would be prudent to retain section 41 to have a national law provision in places that recognises international service (defined at present under the Act as “international service” is defined in section 2 of the Act as “means the operation of a railway service between the State and another state”.
In addition, a saver and continuity provision may be required in respect of matters done under section 41. The original purpose of section 41 in the Railway Safety Act 2005 was to provide a statutory basis for the operation and management for cross border services within Member States.
This head was prepared in the event that section 41 requires amendment to refer to operation of a railway service between a Member State and a third country.
Head 2 – Cross-Border Rail Agreement
Provide for:
A cross-border rail agreement in accordance with Article 14 of Directive 2012/34/EU.
Explanatory Note:
Article 14 of Directive 2012/34/EU sets out the principles for cross-border agreements between EU Member States and 3rd countries. This Head will facilitate the making of an agreement with the UK should it be required post-Brexit for cross-border rail services.
Head 3: Recognition of Certification Document of Train Drivers from Third Countries
Provide for:
The recognition of train driver certification documents of drivers from third countries operating exclusively on cross-border rail sections in accordance with Directive 2007/59/EC.
Explanatory Note:
This Head will facilitate the recognition of driver certification documents for train drivers of a third country operating trains on a cross border section.
Head 4 – Commencement
Provide for the commencement of the Part on the lines of the following –
This Part shall come into operation on such day or days as the Minister for Transport, Tourism and Sport may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.
Part 10 – Bus and Coach Services
Department of Transport, Tourism and Sport
The purpose of this Part, is to provide with regard to EU law where applicable, for a regulatory regime in relation to bus and coach passenger services which encompasses a situation whereby there are bus and coach services moving between Ireland and a country which is not part of the European Union.
After Brexit, Ireland, in accordance with EU law, could be in a position to enter into a bilateral with the UK for cross-border bus and coach services. Such an agreement would lay out the rules for a competent authority to regulate and this legislation will make the NTA that competent authority.
The National Transport Authority (NTA) is currently Ireland’s competent authority for regulating bus services with other Member States. These Heads will make the NTA the competent authority to similarly regulate bus services between Ireland and third countries, with enforcement by the Road Safety Authority, the NTA, and An Garda Síochána (as is the case with existing services and their existing regulatory rules).
Head 2 – Third Country Services – Insertion of new Section 47 in the Public Transport Regulation Act 2009
The NTA is already the competent authority to issue authorisations and control documents and to authorise cabotage operations under S.I. No. 506 of 2013. This S.I. gave effect to Regulation (EC) No. 1073/2009 which provided the EU with common rules for access to the international market for coach and bus services. In relation to Brexit, this S.I. will no longer be relevant for services travelling to the United Kingdom as they will no longer be travelling to a Member State.
It is intended that the NTA would now have the same powers, as given to them in S.I. No. 506 of 2013 for coach and bus services travelling to Member States, in relation to third countries where bilateral agreements are in place.
Head 3 – Insertion of new section 48 in the Public Transport Regulation Act 2009
(Competent authority for third country services)
Provide for – A new section providing forthe National Transport Authority to be the competent authority for authorising bus passenger services to third countries.
The proposed text for this section would be along the following lines:
1. The Authority is the competent authority to issue authorisations and control documents and to authorise cabotage operations for third country services, where a bilateral agreement is in effect and/or no necessary agreement between the European Union and the third country concerned has been concluded.
2. The Authority, in its role as the competent authority under a bilateral agreement, shall adhere to any given criteria as specified in any such agreement.
3. The Authority shall have power to make rules to give effect to its functions under this Part.
4. The Authority shall have the power to enter memoranda of understanding with a third country so as to give effect to a bilateral agreement for third country services.
Explanatory note:
The NTA is already the competent authority, under S.I. No. 506 of 2013,to issue authorisations and control documents and to authorise cabotage for bus and coach services to other Member States in accordance with EU law. This S.I. gave effect to Regulation (EC) No. 1073/2009 which provided
the EU with common rules for access to the international market for coach and bus services.
It is intended that the NTA would now have the same powers in relation to third countries where bilateral agreements are in place. This will give the NTA the same powers as it has now for coach and bus services travelling to Member States under Regulation (EC) No. 1073/2009 and S.I. No. 506 of 2013.
The NTA, as the competent authority in this regard, will be obliged to fulfil any and allrulesset out for a competent authority, under a bilateral agreement, for third country services – these may include, but not be limited to: criteria in relation to the granting of authorisations or control documents, terms and conditions which may be attached to an authorisation or control document, the fees which may be charged, any specified format mandated for authorisations or control documents, and adhering to timelines for processing authorisations or control documents.
It should be noted that “necessary agreement”, as referenced in this Head, means the Interbus Agreement.
Head 4 – Insertion of new section 49 in the Public Transport Regulation Act 2009
(Authorisations – Obligations)
Provide for Criteria to be fulfilled in relation to authorisations.
The proposed text would be along the following lines:
1. A person who in an application for the grant or renewal of an authorisation gives information or documentation knowing it to be false or misleading commits an offence and is liable on summary conviction to a class C fine.
2. Save in the event of force majeure, the operator of a certain third country service shall, until authorisation expires, take all measures to guarantee a transport service that fulfils the standards of continuity, regularity and capacity and complies with the other conditions laid down by the competent authority in accordance with the relevant bilateral agreement.
3. For certain third country services, as may be specified in the relevant bilateral agreement, the carrier shall display the route of the service, the bus stops, the timetable, the fares and the conditions of carriage in such a way as to ensure that such information is readily available to all users.
4. It shall be possible for the Authority, by common agreement with a third country and in agreement with the holder of the authorisation, to make changes to the operating conditions governing a certain third country service.
5. A carrier who fails to comply with subsection (2) or (3) or (4) commits an offence and is liable on summary conviction to a class A fine.
6. A carrier who carries out a certain third country service, as may be specified in the relevant bilateral agreement, in the State without holding an authorisation in respect of the service commits an offence and is liable-
(a) on summary conviction, to a class A fine, or
(b) on conviction on indictment, to a fine not exceeding €200,000.
7. Where an authorisation issued to a carrier is not carried on a vehicle in the course of the operation of a certain third country service, as may be specified in the relevant bilateral agreement, the carrier commits an offence and is liable on summary conviction to a class A fine.
8. The driver of a vehicle or carrier who fails to present for inspection to an authorised officer at the request of the officer a certified true copy of the authorisation concerned commits an offence and is liable on summary conviction to a class C fine.
Explanatory note:
This section will provide stipulations for holders of authorisations as well as setting down a number of offences.
Head 5 – Insertion of new section 50 in the Public Transport Regulation Act 2009 (Control documents – Obligations)
Provide for A number of offences relating to incorrect usage of control documents.
The proposed text for this section would be along the following lines:
1. A person who in an application for a book of journey forms gives information or documentation knowing it to be false of misleading commits an offence and is liable on summary conviction to a class C fine.
2. Where a control document issued to a carrier is not carried on a vehicle in the course of the operation of a third country service, the carrier commits an offence and is liable on summary conviction to a class A fine.
3. The driver of a vehicle or carrier who failsto present for inspectionsto an authorised officer at the request of the officer a certified true copy of the control document concerned commits an offence and is liable on summary conviction to a class C fine.
4. A carrier who fails to comply with criteria as set out in the relevant bilateral agreement in relation to control documents commits an offence and is liable on summary conviction to a class A fine.
Explanatory note:
The section will set out a number of offences relating to incorrect usage of control documents (
Head 6 – Insertion of new section 51 in the Public Transport Regulaton Act 2009 (Cabotage)
Provide for –
A new section to provide that the Minister may make provision relating to cabotage. The proposed text for this section would be along the following lines:
The Minister may make an order specifying relevant offences for cabotage operations in relation to third country services.
Explanatory note:
In this Head, “cabotage” refers to the transport of passengers between two places in the State by a transport operator from a third country.
This is an enabling provision only and is intended to provide that the Minister may make future regulations in relation to cabotage for third country services and, where applicable, exercised in accordance with EU law.
Under S.I. No. 506 of 2013, the NTA is the competent authority to authorise cabotage operations for Member States. However, no existing provisions or offences exist in Irish legislation, in this respect, for coach or bus services with Member States.
Head 7- Insertion of new section 52 in the Public Transport Regulation Act 2009 (Transport tickets)
Provide for obligations and offences for carriers in relation to transport tickets for certain coach and bus services travelling to/from a third country.
The proposed text for this section would be along the following lines:
1. A carrier who fails to ensure that the issuing of a transport ticket is in accordance with the relevant bilateral agreement commits an offence and is liable on summary conviction to a class A fine.
2. A person who fails to present a transport ticket, provided under a relevant bilateral agreement to him or her, to an authorised officer, at the request of the officer, commits an offence and is liable on summary conviction to a class D fine.
Explanatory note:
This section will include stipulations regarding transport tickets for certain services travelling to/from a third country. It will make it an obligation for these carriers to issue tickets in line with the criteria set out in the relevant bilateral agreement. It will also set out a number of offences in this regard including one relating to persons not presenting their transport ticket for inspection.
Head 8 – Insertion of new section 53 in the Public Transport Regulation Act 2009 (Authorised Officers)
Provide for –
Who the authorised officers will be for the purposes of enforcing the provisions/rules relating to the operation of coach or bus services travelling to/from a third country.
Explanatory note:
This section will allow for RSA transport officers, NTA authorised officers and member of An Garda Síochána to be authorised officers for the purposes of enforcing rules/provisions relating to coach and bus services travelling to/from third countries.
Class fines are those set under the Fines Act 2010.
Head 9 – Insertion of new section 54 in the Public Transport Regulation Act 2009 (Summary proceedings)
Provide forThe person or body who may bring forward proceeding for an offence under this Part.
Explanatory note:
To stipulate the person/body who may bring forward proceedings for an offence under this Part.
Head 10- Commencement
Provide for the commencement of the Part on the lines of the following –
This Part shall come into operation on such day or days as the Minister for Transport, Tourism and Sport may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.
