Barry Andrews (Dún Laoghaire, Fianna Fail)
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Question 154: To ask the Minister for Transport if any decision has been made on the application for a licence under the Road Transport Act 1932 (details supplied); if his attention has been drawn to the benefits of the operation for users, for reducing congestion and the environment; and if he will make a statement on the matter. [15519/08]

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. 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.

I believe that a considerable shift from car dependence to public transport, cycling and walking will be required if a sustainable travel and transport system is to be delivered and congestion is to be reduced. Accordingly, my Department strongly supports the use of public transport. However, all such services must be carried out in a manner consistent with the statutory requirements that relate to their provision.