Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 3rd January, 2012.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purposes of giving full effect to Regulation (EC) No. 1073/2009 of the European Parliament and of the Council of 21 October 2009¹ , hereby make the following regulations:

1. These Regulations may be cited as the European Union (International Market for Coach and Bus Services) Regulations 2011.

2. (1) In these Regulations-

"carrier" means a carrier for hire or reward of passengers by coach or bus;

"EU Regulation" means Regulation (EC) No. 1073/2009 of the European Parliament and of the Council of 21 October 20091;

"Minister" means Minister for Transport, Tourism and Sport.

(2) A word or expression in which is used in these Regulations and is also used in the EU Regulation has, unless the contrary is intended, the same meaning in these Regulations as it has in the EU Regulation.

3. (1) A carrier established in another Member State may only carry out international carriage in the State if the carrier possesses a Community licence issued under the EU Regulation.

(2) A carrier who contravenes this Regulation commits an offence.

4. The Minister is the competent authority to-

(a) issue Community licences and certified copies in the State to carriers established in the State,

(b) issue authorisations in accordance with Chapter III of the EU Regulation, and

(c) sanction infringements in accordance with Articles 22 and 23 of the EU Regulation.

5. Where the driver of a passenger transport vehicle does not carry on his or her vehicle for presentation and inspection a certified copy of the Community licence issued to the carrier concerned or the relevant authorisation or control documents, the carrier commits an offence and is liable on summary conviction to a class B fine.

6. A carrier who fails to comply with the EU Regulation commits an offence.

7. A carrier guilty of an offence under Regulation 3 or 6 is liable-

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or to both.

8. Proceedings for an offence under these Regulations may be brought summarily by the Minister or the Road Safety Authority of Ireland.

9. Transport officers (within the meaning of section 15(1) (inserted by section 117 of the Dublin Transport Authority Act 2008 (No. 15 of 2008)) of the Road Transport Act 1986 (No. 16 of 1986)) may exercise the powers conferred on an inspecting officer by Article 18(2) and 19 of the EU Regulation.

10. The following are revoked:

(a) the European Communities (International Carriage of Passengers) Regulations 1999 ( S.I. No. 174 of 1999 ), and

(b) the European Communities (Operation of Road Passenger Transport Services by Non-Resident Carriers) Regulations 1999 ( S.I. No. 229 of 1999 ).

GIVEN under my Official Seal,

4 December 2011.

LEO VARADKAR,

Minister for Transport Tourism and Sport.

1 OJ No. L 300, 14.11.2009, p.88