Ceisteanna—Questions. Oral Answers. - Road Passenger Licences. – Dáil Éireann (21st Dáil) – Tuesday, 10 Jul 1979

Mr. Burke

asked the Minister for Tourism and Transport if an application to operate a road passenger licence in accordance with sections 10 and 11 of the Road Transport Act, 1932 has been refused in the past two years and if so, the reasons for such refusal.

10.

Mr. Bruton

asked the Minister for Tourism and Transport if he will amend the provisions of the Road Transport Act, 1932 to allow for appeal to an independent arbitrator against a refusal by him to grant a licence to operate a road passenger service.

11.

Mr. Bruton

asked the Minister for Tourism and Transport if he will list the passenger transport licences granted for the year 1979 in accordance with section 10 of the Road Transport Act, 1932; and the conditions imposed on the licences in accordance with section 12 of the 1932 Act.

Minister for Tourism and Transport (Mr. Faulkner)

With the permission of the Ceann Comhairle, I propose to take Questions Nos. 9, 10 and 11 together.

Particulars of passenger licences issued under the provisions of the Road Transport Act, 1932, for the year 1979 and of the conditions attaching thereto are contained in two statements which, with the permission of the Ceann Comhairle, I propose to circulate with the Official Report.

Within the past two years, 11 applications by private operators for new passenger licences under the Road Transport Act, 1932, have been refused on the grounds that existing services by CIE or by licensed private operators were adequate. There have been no refusals of applications for renewal of existing passenger licences.

The duty of administering the provisions of the Road Transport Act, 1932 has been entrusted by the Oireachtas to the Minister for Tourism and Transport and the Minister must exercise this function in a just and equitable manner. I do not consider that there would be any justification for providing for an appeal to an independent arbitrator as suggested by the Deputy.

STATEMENT I.

Road Passenger Transport Licences granted for 1979.

Licence Number	Licensee	Service Licensed	Conditions Additional to general conditions shown in Statement II
26/78	Mr. J.G. Martin, Belturbet, County Cavan.	Carrigallen-Bundoran, all Sundays, June-September.	Nil
1/79	Midland Bus Co. Ltd., Athlone.	Athlone-Mullingar, 5 days weekly, February-October.	Nil
2/79	Mr. M. Angland, Mallow.	Boherbue-Ballybunion, 3 days weekly, June-September.
3/79	Mr. M. Angland, Mallow.	Mallow-Ballybunion, 3 days weekly, June-September.	Nil
4/79	Mr. M. Angland, Mallow.	Mallow-Ballybunion, Sundays and Wednesdays, June-September.
5/79	Mr. T.J. O'Sullivan, Mallow.	Cullen-Ballybunion, all Sundays, July-August.	Restrictions on picking up or setting down at specified points.
6/79	Mr. T.J. O'Sullivan, Mallow.	Cullen, Youghal, all Thursdays, July-August.
7/79	Mr. T.J. O'Sullivan, Mallow.	Cullen-Ballybunion, 3 days weekly, June-September.
8/79	Mr. T.J. O'Sullivan, Mallow.	Cullen-Ballybunion, 3 days weekly, June-September.
9/79	Mr. R.E. Galvin, Dunmanway.	Dunmanway-Inchydoney, daily 1 July-2 September.	Restrictions on picking up or setting down at specified points.
10/79	Mr. R.E. Galvin, Dunmanway.	Courtmacsherry-Killarney, all Thursdays, 21 June-27 September.
11/79	Mr. E.G. Ryan, Gorey Motor Co., Gorey.	Gorey-Courtown Harbour, 2 July-31 August.	Nil
FT 27/78	Excelsior Holidays, Bournemouth, England.	Dublin-Dublin, 7-day tours, 4 June-27 August.	Nil
FT 28/78	Don's Tours, Bishops Stortford, Herts.	Dublin-Dublin, 7-day tours, 27 May-2 September.	Nil
FT 29/78	Don's Tours, Bishops Stortford, Herts.	Dublin-Dublin, 7-day tours, 3 June-6 August.	Nil
FT 30/78	Emerald Isle Holidays, London.	Dublin-Dublin, 7-day tours, April-October.	Nil
FT 31/78	Emerald Isle Holidays, London.	Dublin-Dublin, 8-day tours, April-October.	Nil
FT 1/79	Shearings Pleasureways/ Ribblesdale Holidays, Altringham, Cheshire.	Dún Laoghaire-Dún Laoghaire, 8-day tours, April-October.	Nil
FT 2/79	Shearings Pleasureways/ Ribblesdale Holidays, Altringham, Cheshire.	Dún Laoghaire-Dún, Laoghaire, 8-day tours, May-October.	Nil
FT 3/79	Brian Moore International Tours, Medway, Massachusetts.	Shannon Airport-Shannon Airport, 7-day tours, April-October.	Nil
FT 4/79	Brian Moore International Tours, Medway, Massachusetts.	Shannon Airport-Shannon Airport, 14-day tours, May-September.	Nil
FT 5/79	Galleon World Travel Assoc. Maidstone, Kent.	Dublin-Dublin, 7-day tours, May-September.	Nil
FT 6/79	Ellerman Bee Line, Middlesborough, Cleveland.	Dublin-Dublin, 10-day tours, May-September.	Nil
FT 7/79	Classic Tours by Ridge, Braintree, Massachusetts.	Dublin-Dublin, 14-day tours, May-October.	Nil
FT 8/79	Classic Tours by Ridge, Braintree, Massachusetts.	Dublin-Dublin, 7-day tours, May-October.	Nil
FT 9/79	Crosson Transport Ltd., Drogheda.	Dublin-Dublin, 8-day tours, April-October.	Nil
FT 10/79	Crosson Transport Ltd., Drogheda.	Dublin-Dublin, 7-day tours, May-September.	Nil
FT 11/79	Cronin's Coaches, Cork.	Dublin-Dublin, 7-day tours, May-September.	Nil
FT 12/79	C. & H. Coaches, Fleetwood, Lancs.	Shannon Airport-Shannon, Airport, 14-day tours, May-October.	Nil
FT 13/79	Lismore Travel, Inc., New York.	Dublin-Shannon, 6-day tours, May-October.	Nil
FT 14/79	Lismore Travel, Inc., New York.	Dublin-Shannon, 14-day tours, May-October.	Nil
FT 15/79	Contiki Travel Ltd., London.	Shannon-Shannon, 7-day tours, May-September.	Nil
FT 16/79	Contiki Travel Ltd., London.	Dublin-Dublin, 7-day tours, May-September.	Nil
FT 17/79	Thomas Cook Ltd., Peterborough.	Dublin-Dublin, 7-day tours, May-September.	Nil
FT 18/79	Duckworth Coaches, Lancs.	Dún Laoghaire-Dún Laoghaire, 25-day tour commencing 7 May.	Nil
FT 19/79	Florence and Grange Tours Ltd., Peterborough.	Dublin-Dublin, 7-day tours, May-October.	Nil
FT 20/79	Bowen Travel Bureau, Chicago.	Shannon-Shannon, 14-day tours, June-October.	Nil
FT 21/79	Cartan Travel Bureau, Illinois.	Shannon-Dublin, 7-day tours, May-September.
FT 22/79	Cartan Travel Bureau, Illinois.	Shannon-Shannon, 14-day tours, May-October.	Nil

STATEMENT II.

General Conditions attached to Licences.

1. The service in respect of which this licence is granted shall be conducted on a high progressive standard designed to afford every accommodation, convenience and satisfaction to the travelling public and to provide reasonable conditions of employment to the licensee's employees engaged in the working of the service.

2. The licensee shall comply with every lawful order and regulation made in respect of vehicles or traffic and shall take all possible steps to ensure that his employees shall do likewise.

3. Where the service authorised by this licence is run in competition with any other transport undertaking, the licensee and his employees shall, in order to secure passengers or merchandise, rely solely upon the merits of the service authorised by this licence.

4. This licence does not confer on the licensee any right to use any private road or other private property without the permission of the owner thereof, or to use any road, street, strand, or shopping place, in contravention of any requirement, restriction, or prohibition imposed by the Minister for the Environment, or the Commissioner of the Garda Síochána, or any other authority duly empowered to make such requirement, restriction, or prohibition.

5. While this licence is in force the terminal points or one of them, or the route or any part of the route, of the service in respect of which the licence is granted may be altered by the Minister for Tourism and Transport from time to time by notice to the licensee in writing and this licence shall be read subject to any such alteration;

Provided that any alteration of the service in respect of either of the terminal points of route, or both, rendered necessary by circumstances of a temporary character not likely to exceed 21 consecutive days in duration, or by an unforeseen occurrence, may be made on the direction of, and within the limits imposed by, the Commissioner of the Garda Síochána or other authority duly empowered, and shall be deemed to have been incorporated in this licence for the period of the necessity.

6. The licensee shall, subject to the conditions of this licence, run the vehicles for the complete distance over the route between the terminal points authorised by or under this licence and shall not on any occasion whatsoever run a service short or in excess of the said distance without having first applied for and obtained from the Minister for Tourism and Transport another passenger licence in accordance with the Road Transport Act, 1932, and the Road Transport Regulations, 1932, appropriate to the service over such shorter or longer distance.

7. A schedule of the actual fares which are being charged on the service in respect of which this licence is granted shall be displayed conspicuously in every vehicle.

8. Any vehicle or vehicles hired or borrowed by the licensee for the operation of the service in respect of which this licence is granted shall while on the service bear such conspicuous indications as will identify such vehicle or vehicles with the other licensed services carried on by the licensee and with the vehicles ordinarily used thereon.

9. Where the route, or any stage of the route, of the service in respect of which this licence is granted is situated within the Gaeltacht the conductors employed shall be capable of discharging their duties in the Irish language.

10. The grant of this licence shall not be taken as proof that the Minister for Tourism and Transport is satisfied that the various matters connected with the service in respect of which the licensee furnished particulars in his application for the licence are in every respect satisfactory.

11. This licence shall be available for inspection by the Garda Síochána and the licensee shall produce it or cause it to be produced at all reasonable times on request of any member of the Garda Síochána.

12. If this licence be lost or destroyed the licensee shall forthwith apply to the Secretary, Department of Tourism and Transport, Dublin 2, for a duplicate copy and pay a fee of 5 new pence therefor.

Mr. Bruton

Would the Minister be prepared to make public the applications that were refused and the reasons for the refusal in each case so that the public might judge whether these unilateral decisions were just?

Mr. Faulkner

The Deputy is aware that when the Minister is making a decision in this respect he must take into consideration the question of whether there are existing services—CIE or private services—available to an extent that is satisfactory to the public. In circumstances where such services are not available a licence would be granted but where they are available a licence is refused.

Mr. Bruton

Was it the situation that in respect of each of the 11 cases that was turned down, there was being provided already by some body or individual other than the applicant precisely the same service as that proposed to be provided or was there a similar service available?

Dáil Éireann debate -
Tuesday, 10 Jul 1979