Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

Question 293: To ask the Minister for Transport the number of applications for private scheduled passenger services received by his Department for each year since 2000 to date in 2007; the details of such proposals including the name of applicants and the routes proposed; the time each application was with his Department before a decision was made and the decision in each case; if an application was refused, the reason for same; and if he will make a statement on the matter. [29544/07]

Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

Question 294: To ask the Minister for Transport the number of conditional licences granted by his Department for each year since 2000 to date in 2007 to private operators of public transport facilities; and if he will make a statement on the matter. [29545/07]

Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

Question 295: To ask the Minister for Transport the routes and carriers where more than one licensed carrier is providing public transport; and if he will make a statement on the matter. [29546/07]

Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context

Question 296: To ask the Minister for Transport the name and number of unlicensed carriers providing public transport; the length of time such carriers are operating; the action taken by his Department and the result of same; and if he will make a statement on the matter. [29547/07]

Noel Dempsey (Meath West, Fianna Fail)
Link to this: Individually | In context

I propose to take Questions Nos. 293 to 296, inclusive, together.

The questions posed by the Deputy include requests for a range of statistical information relating to the licensing of public bus services operated by private bus operators. The information that is available to my Department is being collated and will be forwarded to the Deputy under separate cover in the coming days.

Those data will include details of all 562 licences currently on issue. However all information relating to applications that are being processed or applications that were not approved, including details relating to the identity of the applicant and the services to which the application relates, require the protection of the commercial interest of the applications and are, therefore, treated as confidential and as a result will not form part of the data that will be supplied.

The Road Transport Act, 1932, as amended, provides the statutory basis for regulating the provision of public bus services by private bus operators. The Act provides for the grant of annual continuous licences, annual seasonal licences and occasional licences.

Section 11 of the Act establishes specific criteria for the determination of applications, which provide that: The service is required in the public interest having regard to the passenger road services and other forms of passenger transport available to the public on or in the neighbourhood of the route of the proposed service; whether the service is sufficient in terms of frequency and duration to meet the requirements of the public; whether the applicant has the organisation and equipment necessary to carry out the service. Failure to meet the test established by reference to those criteria will result in the refusal of an application.

The remit of the 1932 Act does not extend to the operation of services by Bus Eireann or Dublin Bus. However both of those companies are required to notify my Department of the introduction of new services or the alteration of existing services. Where proposed services by either company are deemed to be in competition with services that are the subject of a licence under the 1932 Act, they are required to obtain my consent under section 25 of the Transport Act 1958 before they can introduce such services.

The assessment process applicable to the consideration of a licence application, including the length of such consideration, reflects in the first instance on the type of service to which the application relates. Because of their nature, applications for occasional licences are processed on an immediate basis provided the data required to support their consideration are made available. Applications for annual licences are generally dealt with on a first come, first served basis. However the processing of applications is critically influenced by issues such as the complexity of the application or the presence of prior services on the route, or part of the route, to which the application relates. The presence of prior applications for a licence from other private operators, or a notification from Dublin Bus or Bus Eireann on a route, necessitates that the consideration of a subsequent application must be held in abeyance until the prior application has been determined. Accordingly it is not possible to establish a specific time frame within which all licence applications are assessed. However, where applications are straightforward, they are processed within a matter of weeks.

Applicants are kept informed of the position in relation to each application and detailed guidelines relating to the assessment of applications are made available to all prospective applicants. The guidelines are published on my Department's website. All licences issued under the Road Transport Act 1932 have standard conditions associated with them and, depending on particular circumstances, additional conditions may be attached. This is particularly the case where there is a need to avoid head to head running with an existing operator on a route. The standard conditions include a requirement to adhere to relevant transport and road safety legislation, to introduce all licensed services within a certain timeframe and to adhere to the approved timetable. Compliance with the conditions imposed is the responsibility of the service operator in each instance.

The operation of a passenger road service without a licence issued by my Department is a criminal offence and the enforcement of such activity is a matter in the first instance for the Garda Síochána. Accordingly my Department does not have statistical data available in relation to the numbers of instances where the Gardaí have instigated prosecutions against unlicensed operators.

It has long been recognised that the Road Transport Act 1932, as amended, is in need of significant reform so that the legislative provisions better reflect the realities of modern transport services. The reform programme for the public transport market that I am pursuing will address these needs. In the meantime, my Department will continue to promote improvements in the administration of the bus licensing service based on the principles of due process and fair procedures.