No. 17/1927:

RAILWAYS (ROAD MOTOR SERVICES) ACT, 1927

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Running of road motor services by railway companies.

3 Approval of routes.

4 Charges authorised on road motor services.

5 Prohibitation of withdrawal or discontinuance of services.

6 Conveyance of mails on road motor services.

7 Authorisation of contracts in reference to road motor services.

8 Accounts and returns in relation to road motor services.

9 Raising money for purposes of road motor services.

10 Relation of road motor services to other business of railway companies.

11 Bye-laws in relation to road motor services.

12 Cesser of existing statutory powers.

13 Short title.

AN ACT TO ENABLE RAILWAY COMPANIES TO PROVIDE, OWN, MAINTAIN AND RUN ROAD MOTOR SERVICES.

[21st May, 1927.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—In this Act—

the expression "railway company" includes any tramway the dividends on any part of the paid up capital of which are guaranteed under the Tramway and Public Companies (Ireland) Act, 1883, or any other Act or any Order in Council made under any such Act, and any tramway or railway conducted or managed by a county surveyor or by any person or persons on behalf of any county council or other local authority;

the expression "road motor service" means a service of any self propelled vehicle, whether accompanied by a trailer or not, running on a public road and used wholly or partly for the conveyance of passengers, passengers' personal luggage, mails, and merchandise of any class or classes of merchandise or for some one or more of those purposes;

the word "road" includes any street, bridge, arch, lane, square, court, alley, or other thoroughfare or public passage;

the word "merchandise" includes goods, minerals, live-stock, and animals of all descriptions;

the word "mails" includes mail bags and postal packets (other than telegrams) as defined in the Post Office Act, 1908;

the word "charges" includes rates, fares, tolls, dues and other charges;

the word "rates" means rates and other charges in connection with the carriage of merchandise;

the word "fares" means fares and other charges in connection with the conveyance of passengers and their luggage;

the expression "the Minister" means the Minister for Industry and Commerce;

the expression "the Rates Advisory Committee" means the Rates Advisory Committee established by the Rates Advisory Committee Order, 1925 (Statutory Rules and Orders, 1925, No. 11).

2.—Any railway company whose or any part of whose railway lies within Saorstát Eireann may provide, own, maintain, and run road motor services under and in accordance with this Act and may apply their funds for the purpose of so doing.

3.—(1) No railway company shall run a road motor service on any route which is not for the time being approved of by the Minister under this section.

(2) A railway company proposing to run a road motor service either permanently or tentatively for a period not exceeding twelve months shall submit to the Minister particulars, of the route on which such company proposes to run such service and particulars of the nature of the service so proposed to be run and the Minister may, if after consultation with the Minister for Local Government and Public Health he thinks proper so to do, approve of such route either with or without modification.

(3) Whenever a route submitted to the Minister under this section by a railway company as a route for a road motor service for the conveyance of passengers is in the opinion of the Minister substantially the same in whole or in part as the route on which a road motor service for passengers is at the time of such submission run regularly by some person other than such railway company, the Minister shall not approve under this section of such first-mentioned route until he has given to such person notice of such submission and has considered such (if any) representations as may be made in regard thereto by such person.

(4) When considering whether he will or will not approve under this section of a proposed route, the Minister shall have regard to the extent to which the vehicles to be used for the purposes of the proposed road motor service on such route will be manufactured in whole or in part in Saorstát Eireann and the desirability of promoting such manufacture so far as may be reasonably practicable.

(5) If at any time it appears to the Minister that a route approved of by him under this section ought in the public interest to be re-considered, the Minister shall, after such (if any) inquiry as he thinks fit to make, re-consider such route and on such re-consideration the Minister may, if and as he thinks proper, either withdraw his approval of such route or after consultation with the Minister for Local Government and Public Health make such modifications in such route as he thinks proper.

(6) In the case of a permanent road motor service which is run for a particular part only of every year, the approval of the Minister under this section of the route on which such service is run shall (until the withdrawal and subject to any modification thereof under this section) continue in force so long as such service is run for the same or substantially the same part of every consecutive year.

4.—(1) Save as is otherwise provided in this section, a railway company may demand and take in respect of a road motor service run by it under this Act such charges as it thinks fit not exceeding the maximum charges stated in the schedule of maximum charges for the time being approved (provisionally or finally) by the Minister in respect of such service.

(2) A railway company proposing to run a road motor service shall submit to the Minister a schedule of maximum charges in respect of such service and the Minister shall thereupon refer such schedule to the Rates Advisory Committee.

(3) The Rates Advisory Committee shall consider every schedule of maximum charges referred to them under this section and shall report thereon to the Minister with all convenient speed and the Minister upon receiving such report shall consider the same and shall, as he thinks proper, either approve of such schedule without modification or with such modifications as he thinks fit to make therein or refuse to approve of such schedule.

(4) The Minister may, if he considers that the urgency of the matter so requires, approve provisionally of a schedule of maximum charges submitted to him under this section but such provisional approval shall cease when the Minister after consideration of the report of the Rates Advisory Committee finally approves with or without modification or refuses to approve of such schedule.

(5) If and whenever a railway company applies to the Minister to revise a schedule of maximum charges approved under this section in respect of a road motor service run by such company or the Minister is of opinion that a schedule of maximum charges approved under this section ought in the public interest to be revised, the Minister shall refer such schedule to the Rates Advisory Committee who shall with all convenient speed consider the revision of such schedule and report thereon to the Minister, and the Minister upon receiving such report shall consider the same and shall as he thinks proper either confirm his approval of such schedule without revision or modification or make such revision or modification in such schedule as he thinks proper.

(6) All the jurisdictions, powers, and duties conferred or imposed on the Rates Advisory Committee by the Rates Advisory Committee Order, 1925, for the purposes of their functions under the Harbours, Docks and Piers (Temporary Increase of Charges ) Act, 1920, are hereby conferred and imposed on the Rates Advisory Committee for the purposes of references to them under this section of this Act.

(7) Notwithstanding anything contained in this section a railway company shall not without the permission of the Minister demand or take in respect of a road motor service run by it under this Act any charges for any traffic exceeding the lowest charges theretofore demanded and taken by such company for such traffic on such service.

(8) A railway company may sue for and recover as a civil debt in any court of competent jurisdiction any charge lawfully made by it under this section.

5.—(1) A railway company which has commenced to run a road motor service other than a road motor service being run tentatively under this Act shall not, so long as the running of such service either with or without modification is lawful under this Act, withdraw or discontinue such service without the permission of the Minister.

(2) A railway company which withdraws or discontinues (otherwise than for sufficient reasons beyond their control) a road motor service in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds for every day during which such contravention continues.

(3) A road motor service which is ran for a particular part of every year shall not be deemed to be withdrawn or discontinued within the meaning of this section so long as it is run for the same or substantially the same part of every consecutive year.

6.—(1) The Conveyance of Mails Act, 1893, shall apply to every road motor service run by a railway company under this Act, and for the purpose of such application the word "tramway" shall in that Act include a road motor service Tun by a railway company under this Act, and the expression "tramway company" shall in that Act include a railway company which runs a road motor service under this Act.

(2) In addition and without prejudice to the provisions of sub-section (2) of section 2 of the Conveyance of Mails Act, 1893, as applied by, this section every dispute between the Minister for Posts and Telegraphs and a railway company which runs a road motor service under this Act in relation to the conveyance of mails on such road motor service (not being a dispute to which the said sub-section (2) applies) shall be referred to and determined by the Railway Tribunal.

(3) Whenever any dispute has arisen between the Minister for Posts and Telegraphs and a railway company which runs a road motor service under this Act in relation to the conveyance of mails on such road service (including a dispute to which sub-section (2) of section of the Conveyance of Mails Act, 1893, applies), such railway company shall while such dispute is being decided continue to perform the services to which such dispute relates.

7.—A railway company which runs or proposes to run a road motor service under this Act may enter into contracts with reference to the equipment, maintenance, working, and running of such service.

8.—(1) A railway company which runs a road motor service under this Act shall keep such accounts and make such returns in relation to such service as the Minister shall from time to time direct.

(2) A railway company which fails to keep an account or to make a return which it is required by virtue of this section to keep or make shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for every day during which such failure continues.

9.—A railway company which runs a road motor service under this Act may by the exercise of all or any of its powers existing at the passing of this Act to raise money by borrowing or by the creation and issue of new stock as additional capital, from time to time raise such moneys as may be necessary for the purpose of providing vehicles, motors, garages, offices, machinery, plant, and equipment for the purposes of such service, and notwithstanding any enactment to the contrary the provision of such vehicles, motors, garages, offices, machinery, plant, or equipment shall be a purpose for which such company may raise money by the exercise of any such power as aforesaid.

10.—(1) A road motor service run by a railway company under this Act shall for the purposes of the Railways Act, 1924 (No. 29 of 1924), be deemed to be a business carried on by the company ancillary or subsidiary to its railway, the charges for which are not subject to the jurisdiction of the railway tribunal.

(2) No road motor service run by a railway company under this Act shall be deemed to be part of the business of such company for the purpose of any agreement between such company and the Minister for Posts and Telegraphs entitling such company to send telegrams free or at a reduced rate.

11.—(1) A railway company which runs a road motor service under this Act may make bye-laws for regulating the travelling upon, using and working of, and the enforcement of charges in respect of such service and may by any such bye-law prescribe the penalty not exceeding a fine of forty shillings which may be inflicted on persons found by a court of summary jurisdiction to be guilty of contravening such bye-law.

(2) No bye-law made under this section shall be of any force or effect unless and until confirmed by the Minister, and every such bye-law when so confirmed shall come into operation on the date appointed in that behalf by the Minister when confirming the same or, if no such date is so prescribed, immediately upon such confirmation.

(3) All bye-laws made under this section shall be published in such manner as the Minister shall direct.

(4) Any person found guilty by a court of summary jurisdiction of contravening a bye-law made under this section may be sentenced by such court to suffer any penalty not exceeding the penalty prescribed by such bye-law in respect of such contravention or, where no penalty is so prescribed, not exceeding a fine of forty shillings.

(5) Whenever danger or annoyance to the public or to any section of the public is caused by or may reasonably be apprehended from a contravention of a bye-law made under this section, any officer or servant of the railway company by which such bye-law was made may interfere to obviate, remove, or prevent such danger or annoyance and in particular may remove, if necessary by force, from the premises or any vehicle of such company the person so contravening such bye-law, but no such interference or removal shall relieve from or prejudice the liability for any penalty in respect of such contravention.

12.—Every provision contained in any Act (whether public general or local or personal) of the United Kingdom Parliament or in any Act (whether public or private) of the Oireachtas authorising any particular railway company to run road motor services or any particular such service shall cease to have effect at the expiration of six months after the passing of this Act.

13.—This Act may be cited as the Railways (Road Motor Services) Act, 1927 .