The Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2014

Statutory Rules of Northern Ireland

2014 No. 180

Road Traffic

The Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2014

Made

24th June 2014

Coming into operation-

25th July 2014

The Department of the Environment makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 .

The Department of the Environment has been designated for the purposes of section 2(2) of the European Communities Act 1972 relating to the carriage of passengers and goods by road M2 .

Marginal Citations

M1 1972 c.68

M2 S.R. 1996 No. 266

Citation, commencement and interpretation N.I.

1.—(1) These Regulations may be cited as the Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2014 and shall come into operation on 25^th July 2014.

(2) In these Regulations—

“carrier” means a natural or legal person, other than a tour operator, travel agent or ticket vendor, offering transport by regular or occasional services to the general public and includes any natural or legal person other than the carrier, who actually performs the carriage wholly or partially;

“Regulation 181/2011” means Regulation (EU) No. 181/2011 M3 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No. 2006/2004 M4 ;

“the Department” means the [F1 Department for Infrastructure] .

(3) The Interpretation Act (Northern Ireland) 1954 M5 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Textual Amendments

F1 Words in reg. 1(2) substituted (18.2.2019) by The Road Traffic and Vehicles and Waterways (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/6), regs. 1(1), 18

Marginal Citations

M3 OJ L 55, 28.2.2011,P1–12

M4 OJ L 364, 9.12.2004, P1–11

M5 1954 c.33 (N.I.)

Compliance and designation of Enforcement Body N.I.

2.  For the purpose of Article 28(1) of Regulation 181/2011, the designated body responsible for the enforcement of Regulation 181/2011 as regards regular services from points within Northern Ireland and regular services from a [F2 country other than the United Kingdom or a member State] to such points is the Department.

Textual Amendments

F2 Words in reg. 2 substituted (31.12.2020) by The Rights of Passengers in Bus and Coach Transport (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/141), regs. 1(1), 3(2); 2020 c. 1, Sch. 5 para. 1(1)

Passenger Complaints N.I.

3.—(1) The designated body for the purpose of Article 28(3) of Regulation 181/2011 is the Department.

(2) A passenger shall send any complaint about an alleged contravention of Regulation 181/2011 by a carrier—

(a) in the first instance, to the carrier who is the subject of the complaint; or

(b) if the complaint is not resolved within 3 months of the date it was sent to the carrier, to the Department.

(3) A complaint in accordance with paragraph (2) shall be in writing.

Exemption of domestic bus and coach passenger regular services from the provisions of the Community Regulation N.I.

4.—(1) Subject to paragraph (2), Regulation 181/2011 does not apply to any domestic bus and coach passengers regular service during the [F3 exemption period] .

(2) The exemption in paragraph (1) does not apply in relation to Articles 4(2), 9, 10(1), 16(1)(b) and (2), 17(1) and (2) and 24 to 28 (inclusive) of Regulation 181/2011.

(3) In this regulation—

“domestic bus and coach passenger regular service” means a regular service to which Regulation 181/2011 applies and which is operated exclusively within Northern Ireland by a carrier;

[F4 “exemption period” means the period which commences on the date these Regulations come into operation and ends at midnight on 28^th February 2021.]

F5 ...

Textual Amendments

F3 Words in reg. 4(1) substituted (31.7.2017) by The Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/127), regs. 1(1), 2(a)

F4 Words in reg. 4(3) inserted (31.7.2017) by The Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/127), regs. 1(1), 2(b)(i)

F5 Words in reg. 4(3) omitted (31.7.2017) by virtue of The Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/127), regs. 1(1), 2(b)(ii)

Training of drivers N.I.

5.  Article 16(1)(b) of Regulation 181/2011 does not apply to the training of drivers until the 28th February 2018.

Sealed with the Official Seal of the Department of the Environment on 24th June 2014

L.S.

Iain Greenway

A senior officer of the

Department of the Environment

Explanatory Note

(This note is not part of the Regulations)

These Regulations give effect to exemptions available to EU Member States under Articles 2(4), (5) and 16(2) of Regulation (EU) No. 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No. 2006/2004 (“Regulation 181/2011”). This is directly applicable in Member States.

Regulation 2 implements Article 28(1) of Regulation 181/2011 by designating the Department of the Environment as the body responsible for the enforcement of Regulation 181/2011.

Regulation 3 implements 28(3) of Regulation 181/2011 by setting out how complaints concerning an alleged contravention of Regulation 181/2011 will be dealt with.

Regulation 4 implements Article 2(4) of Regulation 181/2011, which permits Member States, on a transparent and non-discriminatory basis, to exempt domestic regular services from the application of specified aspects of the Regulation for a maximum of four years (which may be renewed once).

Regulations 5 implements Article 16(1)(b) of Regulation 181/2011, which permits Member States to exempt drivers from certain disability-related training requirements for a maximum of five years.

Regulation 181/2011 can be viewed on EUR-Lex website at www.eur-lex.europa.eu.

An Explanatory Memorandum has been produced and is available from Road Safety and Vehicle Regulation Division, Department of the Environment, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or viewed online at http://www.legislation.gov.uk/nisr