Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 226: To ask the Minister for Transport the reason a service (details supplied) failed to obtain a bus operating licence under the Road Transport Act 1932; if he is aware of other operators competing on that route; the criteria by which licences are awarded for such routes; and if he will make a statement on the matter. [15389/08]

Noel Dempsey (Meath West, Fianna Fail)
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The Road Transport Act, 1932, as amended, provides the statutory basis for regulating the provision of public bus services by private bus operators. In accordance with the legislation, private bus operators apply to my Department for licences to operate scheduled bus passenger services within the State. 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.

Applications for annual licences are generally dealt with on a first come, first served basis. The presence of a prior application for a licence from another private operator, or a notification from Dublin Bus or Bus Éireann for services on a similar route, necessitates that the consideration of any subsequent application must be held in abeyance until the prior application/notification has been determined. In the case of the application referred to by the Deputy, on the 20 February 2007, my Department received an application from the operator concerned, for a licence to operate bus passenger services between Dalkey and Dublin Airport. At that time, my Department advised the applicant that the application was being held until such time as a decision on a prior application for services on a similar route from another private operator had been determined. This prior application has been finalised and the licence has issued. My Department understands from the licence holder that some services have now been introduced.

In the case of the service referred to by the Deputy, on the 16 July 2007 my Department was made aware that the operator concerned had commenced the operation of an unlicensed bus passenger service between Dalkey and Dublin Airport. My Department immediately contacted that Company and advised that failure to cease the operation of the service in respect of which a licence had not been issued under the Road Transport Act 1932, is an offence under section 7 of that Act. As the unauthorised service continued to operate my Department advised the Company that the matter was being passed to An Garda Síochána for its investigation. This matter is currently the subject of an ongoing Garda investigation.