Dublin Transport Authority Act 2008

Access to bus stops, bus stands and bus and railway stations.

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.