S.I. No. 236/1990:

CÓRAS IOMPAIR ÉIREANN BYE-LAWS (CONFIRMATION) ORDER, 1990.

CÓRAS IOMPAIR ÉIREANN BYE-LAWS (CONFIRMATION) ORDER, 1990.

I, SÉAMUS BRENNAN, Minister for Tourism and Transport, in exercise of the powers conferred on me by section 22 of the Transport Act, 1950 (No. 12 of 1950) (subsection (2) of that section having been complied with), and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ), hereby order as follows:

1. This Order may be cited as the Córas Iompair Éireann Bye-Laws (Confirmation) Order, 1990.

2. The Bus Átha Cliath-Dublin Bus Bye-Laws, 1990, made by the Board of Córas Iompair Éireann on the 4th day of April, 1990, and set out (as modified by the Minister for Tourism and Transport) in the Schedule to this Order are hereby confirmed and shall come into operation on the 24th day of October, 1990.

SCHEDULE

BUS ÁTHA CLIATH-DUBLIN BUS BYE-LAWS, 1990

Made by Córas Iompair Éireann in exercise of the powers conferred on it by subsection (1) of section 22 of the Transport Act, 1950 (No. 12 of 1950) and subsection (1) of section 28 of the Transport (Re-organisation of Córas Iompair Éireann) Act, 1986 (No. 31 of 1986), after consultation with Bus Átha Cliath-Dublin Bus, for the purposes set out in paragraphs (a), (b), (d), (e), (g) and (h) of subsection (1) of section 22 of the Transport Act, 1950 , in respect of the exercise by Bus Átha Cliath-Dublin Bus of the function of providing passenger transport services and by section 8 of the Transport Act, 1958 (No. 19 of 1958) in respect of the fixing of charges and the terms and conditions of carriage.

1. (1) These Bye-Laws may be cited as the Bus Átha Cliath-Dublin Bus Bye-Laws, 1990.

(2) These Bye-Laws shall come into operation on the date specified in that behalf in the Order of the Minister for Tourism and Transport confirming them.

2. In these Bye-Laws--

"appropriate fare" means such charges as may be fixed and published from time to time by the Company for the conveyance of passengers and their luggage under section 8 of the Transport Act, 1958 (No. 19 of 1958);

"authorised person" means any officer, employee or agent of the Company acting in the execution of his duty upon or in connection with the provision of passenger services;

"bus stop" means a place (indicated by a sign erected by the Company) at which passengers may board or alight from a vehicle;

"the Company" means Bus Átha Cliath-Dublin Bus;

"large public service vehicle" has the meaning assigned to it by section 3 of the Road Traffic Act, 1961 (No. 24 of 1961);

"passenger" means a person (excluding an authorised person) travelling on a vehicle and includes an intending passenger;

"standard fare" means a fare payable pursuant to Bye-Law 19 and fixed and published from time to time by the Company;

"ticket" means any ticket or document issued by the Company for the conveyance of any passenger on a large public service vehicle;

"valid ticket" means a ticket which complies with these Bye-Laws and for which the appropriate fare has been paid in respect of the journey to be made;

"vehicle" means any large public service vehicle which is in use by the Company.

BOARDING AND ALIGHTING FROM A VEHICLE

3. No person shall--

( a ) use any entrance on the vehicle for any purpose other than boarding the vehicle, or

( b ) use any exit for any purpose other than alighting from the vehicle, or

( c ) use any emergency exit for any purpose other than alighting from the vehicle in an emergency, save for the purpose of boarding or alighting from the vehicle if so directed or otherwise allowed by an authorised person.

4. No person except an authorised person shall open the door of the vehicle except in the event of an accident or emergency.

5. No person except an authorised person shall stand or attempt to stand on the steps of the vehicle while it is in motion.

6. No person shall board or alight from or attempt to board or alight from any vehicle whilst it is in motion or (except in the case of an authorised person) between stops.

7. No person shall attempt to board or to alight from the vehicle after the doors have commenced to close.

8. Where notices are exhibited on a vehicle indicating that a door shall be used for entrance and another door for exit (except in the case of an accident or other emergency or with the consent of an authorised person) a person shall not board or attempt to board the vehicle by the door indicated for exit or alight from or attempt to alight from the vehicle by the door indicated for entrance.

9. When a vehicle contains the full permitted number of passengers no additional passenger shall board or remain on the vehicle. Any such additional passenger shall leave the vehicle on the request of an authorised person.

10. (1) Each passenger shall queue at a bus stop in an orderly manner.

(2) Where an authorised person is regulating the boarding and alighting from a vehicle, each passenger shall on arrival at a bus stop take up the position at the rear of the appropriate queue, move forward in an orderly and regular manner and obey the reasonable instructions of an authorised person regulating such queue and in the absence of such authorised person obey any notices displayed at the bus stop.

FARES

11. Each member shall be in possession of a current valid ticket entitling him to travel.

12. Each passenger shall produce, when requested to do so by an authorised person, his valid ticket for all travel between his boarding point and his alighting point.

13. Each passenger travelling with a ticket on which a photograph is required shall ensure that such photograph is correctly displayed at all times.

14. Each passenger shall produce evidence of his eligibility for travel at concessionary rates where he claims to be so entitled.

15. Each passenger on a vehicle operated by a driver and a conductor shall--

( a ) on the request of the conductor inform him of the journey he has made or intends to make and of the place at which he boarded the vehicle, and

( b ) except where the passenger is already in possession of a valid ticket, pay the appropriate fare for such journey and ensure that he has been issued with a valid ticket and retain such ticket, and

( c ) produce his ticket for inspection by an authorised person where so requested by such person and inform him of the place at which he boarded the vehicle and the journey he has made or intends to make.

16. Each passenger when boarding a vehicle operated by a driver only shall--

( a ) inform the driver of his intended destination, and

( b ) except where the passenger is already in possession of a valid ticket, pay the appropriate fare for such journey and ensure that he has been issued with a valid ticket and retain such ticket, and

( c ) produce his ticket for inspection by an authorised person whenever so requested by such person and inform him of the place at which he boarded the vehicle and the journey he has made or intends to make.

17. Each passenger when boarding a vehicle adapted for automatic fare collection, except where the passenger is already in possession of a valid ticket, shall pay the appropriate fare for the journey he intends to make--

( a ) by inserting in any fare collection equipment provided in or about the vehicle the money or token required to pay the appropriate fare for his carriage and ensure that he has been issued with a valid ticket and retain such ticket, and

( b ) produce his ticket for inspection by an authorised person whenever so requested by such person and inform him of the place at which he boarded the vehicle and the journey he has made or intends to make.

18. The Company may specify special procedures which shall apply to validate certain types of tickets and where such special procedures exist each passenger shall comply with these procedures in accordance with the instructions published by the Company.

19. ( a ) Subject to paragraph (b) of this Bye-Law, in addition to the obligations contained in Bye-Laws 11 to 18, each passenger upon boarding any vehicle shall become liable to pay a standard fare.

( b ) Any passenger who is in possession of a valid ticket or who obtains a valid ticket pursuant to Bye-Laws 15, 16, 17 or 18 shall be deemed to have complied with paragraph (a) of this Bye-Law.

( c ) Any person found without a valid ticket on a vehicle by an authorised person shall pay the standard fare immediately upon the request of the authorised person or within the period of 21 days from the time the request is made and such fare may be recovered by the Company from the person as a simple contract debt in any court of competent jurisdiction.

20. No passenger shall forge, alter, deface, mutilate or destroy any ticket.

21. No passenger shall use or attempt to use, any ticket which has been forged, altered, defaced or mutilated.

22. No person shall transfer, tender or deliver a ticket to another person to enable that person to travel on a vehicle without paying the appropriate fare.

23. No passenger shall use or attempt to use any ticket which has been issued for use by another person and is not transferable.

24. No passenger shall use or attempt to use a ticket which is invalid by reason of previous use or the expiry of the time limited for its use.

25. All tickets shall remain the property of the Company and a passenger shall surrender any ticket when required so to do by an authorised person.

BEHAVIOUR OF PERSONS TOWARDS AUTHORISED PERSONS

26. No person at a bus stop or on a vehicle shall wilfully obstruct or impede or interfere with any authorised person.

27. No person shall talk to the driver of a vehicle, obstruct his vision, or otherwise distract his attention without reasonable cause while the vehicle is in motion.

28. ( a ) No person shall by a signal or other indication cause the driver of a vehicle to stop the vehicle, except for the purpose of enabling him--

(i) to board the vehicle at a bus stop, or

(ii) to alight from the vehicle at a bus stop.

( b ) No person shall give any signal or other indication which might reasonably be interpreted by the driver of a vehicle as a signal to stop the vehicle in an emergency, except in the case of an accident or an emergency.

INTERFERENCE WITH VEHICLES

29. No person shall touch or interfere with the engine, steering gear or any part of the controlling mechanism of a vehicle.

30. No person shall touch or interfere with the ticketing apparatus or any part of the ticketing mechanism of a vehicle except for the purpose of validating the ticket.

31. No person shall wilfully soil a vehicle or any part of a vehicle.

32. No person shall break, cut, scratch, tear, soil, deface or damage any of the fittings, furniture, decorations or equipment, any notice, advertisements, number, figure or letter on any vehicle or remove or detach any such article or thing.

33. No person shall deface or damage any part of a vehicle or any property on a vehicle.

34. No person whose clothing or accessories are in a condition likely to soil or injure the linings or cushions of the seats of a vehicle or the clothing or luggage of any passenger shall board or remain in any vehicle unless authorised to do so by an authorised person.

BRINGING ON ITEMS LIKELY TO CAUSE DAMAGE TO A VEHICLE

35. No person shall take or cause to be taken on to any vehicle if requested not to do so by an authorised person any bird, animal, article or thing which by reason of its nature is in the opinion of the authorised person likely to cause annoyance or damage to any passenger or damage to any property.

36. No person except a member of the Defence Forces or of the Garda Síochána acting in the course of his duty shall take, or cause to be taken, upon any vehicle any weapon of any kind or any inflammable explosive or corrosive gas, spirit or substance.

37. No person shall take or cause to be taken upon any vehicle any article or thing, including alcohol, which is or may become dangerous or offensive to any person or property.

38. If a person who contravenes Bye-Law 35, 36 or 37 also fails to remove from the vehicle immediately upon a request by an authorised person any article or thing to which these Bye-Laws relate the same may be removed by or under the directions of an authorised person.

PASSENGER BEHAVIOUR

39. Each passenger shall comply with any lawful direction given him by an authorised person, including a request to leave or not to board the vehicle.

40. No passenger shall travel--

( a ) on the upper deck of a double deck vehicle unless he occupies a seat provided for that purpose, or

( b ) on the stairways of a vehicle, or

( c ) on any other part of a vehicle which is not provided for the conveyance of passengers.

41. No passenger who, in the opinion of an authorised person, is in a state of intoxication or otherwise in an unfit or improper condition shall board or remain on the vehicle.

42. No passenger shall while travelling on any vehicle place his feet upon any seat except with the permission of an authorised person.

43. No person shall consume alcoholic drinks or other beverages or food while on the vehicle.

44. No person shall spit in or from the vehicle.

45. No person shall smoke or carry a lighted pipe, cigarette, cigar or cheroot in any vehicle or part of the vehicle.

46. No person shall throw or deposit any litter, lighted match, cigarette, cigar, cheroot, chewing gum or other substance on the vehicle except into a receptacle expressly provided for that purpose.

47. No person shall throw or trail from the vehicle or throw at the vehicle any article or thing whatsoever.

48. No person shall remain on the vehicle after having been requested by an authorised person to depart.

49. No person shall distribute any document for the purpose of giving or seeking information except with the consent of an authorised person on the vehicle.

50. No person shall tout, ply for or solicit alms, reward or custom or employment of any description on the vehicle.

51. No person shall sell or expose or offer for sale any article or goods whatsoever on the vehicle.

52. No person while on the vehicle shall sing, perform on any musical or other instruments or use any audible radio, television, record player, tape recorder or portable apparatus.

53. No person shall molest or interfere with the comfort or convenience of any passenger or person in or about the vehicle.

54. No person shall at any time while on the vehicle use any threatening, abusive or offensive language.

55. No person shall behave in a riotous, disorderly, indecent or offensive manner in or about the vehicle.

56. A person shall deliver up to an authorised person any article of lost property found by him on the vehicle.

PREVENTION OF COMMISSION OF NUISANCES IN OR UPON THE PREMISES OCCUPIED BY THE COMPANY

57. (1) A person shall not trespass in or upon the premises occupied by the Company.

(2) A person shall not commit any nuisance in or about the premises occupied by the Company or in any way interfere with the premises in such a way to cause loss or damage to the Company.

(3) A person shall not damage any property of the Company.

ENFORCEMENT PROCEDURES

58. ( a ) Any person who is reasonably suspected by an authorised person of contravening or attempting to contravene these Bye-Laws shall upon being requested so to do give his name and address to an authorised person who is an inspector, driver or conductor in uniform or who produces evidence of identity.

( b ) The person aforesaid shall on the request of the authorised person remain in the company of the authorised person pending verification of the name and address.

( c ) Where any such person refuses or fails to comply with a request under paragraph (a) or (b) of this Bye-Law or following such request such person gives a name and address which the authorised person has reasonable grounds for believing is false or misleading, such person may be detained by the authorised person until the arrival of a member of the Garda Síochána.

59. A member of the Garda Síochána may request a person--

( a ) who has refused or failed to comply with a request under Bye-Law 58, or

( b ) who following a request under that Bye-Law has given to the authorised person concerned a name and address that the latter has reasonable grounds for believing to be false or misleading, or

( c ) detained pursuant to Bye-Law 58, to give to the member his name and address and if the person refuses or fails to give his name and address or gives a name or address that the member has reasonable grounds for believing to be false or misleading, the member may arrest the person without warrant.

60. ( a ) Any person who is reasonably suspected by an authorised person of contravening or of attempting to contravene these Bye-Laws may be removed from the vehicle by an authorised person or a member of the Garda Síochána acting on the request of such authorised person.

( b ) In the exercise of the power conferred on him under paragraph (a) of this Bye-Law an authorised person or a member of the Garda Síochána may use such reasonable force as is necessary.

61. The provisions of these Bye-Laws except Bye-Laws 1, 2, 14, 19, 38, 60 and 61 shall be penal provisions for the purpose of subsection (4) of section 22 of the Transport Act, 1950 , as amended by section 6 of the Transport Act, 1987 (No. 27 of 1987).

GIVEN under my Official Seal this 3rd day of October, 1990.

SÉAMUS BRENNAN,

Minister for Tourism and Transport.

EXPLANATORY NOTE.

The purpose of the Order is to confirm Bye-Laws recently made by Córas Iompair Éireann for the regulation of travel and use of the bus services provided by Dublin Bus and the maintenance of order on these services.