Written answers
Tuesday, 27 February 2007
Department of Transport
Public Transport
9:00 pm
Michael Noonan (Limerick East, Fine Gael)
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Question 421: To ask the Minister for Transport if, when licences are awarded to private bus companies, anti-competitive practices by these companies are ruled out; if less onerous conditions apply to intercity routes served by these companies than apply to CIÉ; if a certificate of tax compliance is required from individuals and companies to which such licences are awarded; and if he will make a statement on the matter. [7257/07]
Martin Cullen (Waterford, Fianna Fail)
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The Road Transport Act, 1932 provides for the granting of passenger licences to private operators to operate public coach and bus services within the State.
In considering an application for the grant of a proposed licence, the Minister must have specific regard to whether a proposed service is required in the public interest having regard to passenger road services and other forms of passenger transport available to the public on or in the neighbourhood of that proposed service. Where a licence is granted, operators are required to perform the services in accordance with the conditions on their licence. These conditions specify such matters as the timetable and route to be operated and other general matters such as requiring the licensee and or his subcontractors to hold a valid Road Passenger Transport Operators licence (RPTOL) for the duration of the passenger licence, compliance with all lawful orders and regulations relating to vehicles and their roadworthiness, compliance with road traffic requirements and drivers hours. Any alleged breaches of licences are a matter for the Garda Síochána.
Dublin Bus and Bus Éireann are not governed by the Road Transport Act 1932 but by Sections 24 and 25 of the Transport Act 1958 which requires both companies to obtain my approval in advance should the companies wish to operate in competition with an existing licensed service. Any alleged breach would then be investigated by my Department and the companies would be bound by my decision in the matter. Separately the question of a breach of competition law by a licensed operator or by Bus Éireann or Dublin Bus may also be a matter for investigation by the Competition Authority.
With regard to the Deputy's query about tax certificates, my Department must be satisfied that, before a passenger licence is issued to a bus operator, that the bus operator concerned holds a valid Road Passenger Transport Operators Licence (RPTOL). In order to meet the criteria for obtaining that licence, the operator has to produce a Tax Clearance/C2 Certificate from the Revenue Commissioners.
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