No. 15/1968:

MOTOR VEHICLES (REGISTRATION OF IMPORTERS) ACT, 1968

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Register of importers of motor vehicles.

3 Directions by Minister for registration.

4 Directions by Minister for cancellation of registration.

5 Importation of motor vehicles by registered person.

6 Power of Minister to authorise importation of motor vehicles.

7 General provisions in relation to importation of motor vehicles.

8 Laying of order and regulations before Houses of Oireachtas.

9 Expenses.

10 Commencement.

11 Short title.

AN ACT TO PROVIDE FOR THE ESTABLISHMENT AND MAINTENANCE OF A REGISTER OF IMPORTERS OF MOTOR VEHICLES, TO PROVIDE FOR THE IMPORTATION OF MOTOR VEHICLES BY PERSONS REGISTERED IN THAT REGISTER AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[12th June, 1968.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—(1) In this Act—

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

"motor vehicle" means, subject to subsection (2) of this section, a mechanically propelled vehicle which is complete or substantially complete and which derives its motive power from an internal combustion engine and is primarily designed, constructed and suitable for use on roads either for the carriage of goods or materials or persons or both goods or materials and persons or for the traction of a trailer or other vehicle, and includes a chassis or body which is complete or substantially complete and which is designed and constructed primarily for such a mechanically propelled vehicle, but does not include a vehicle having less than four wheels, a vehicle which is designed and constructed for the carriage of more than sixteen persons (inclusive of the driver) whether with or without goods, an agricultural tractor or a chassis or body which is complete or substantially complete and which is designed and constructed primarily for either of such vehicles or for such tractor;

"the register" has the meaning specified in section 2 of this Act;

"registered person" means a person whose name stands entered for the time being in the register.

(2) The Minister may, if he so think fit, by regulations, extend or restrict the definition of "motor vehicle" in subsection (1) of this section so as to include in or exclude from the definition such kind, type, class or category of mechanically propelled vehicle as may be specified in the regulations, and, where regulations are for the time being in force under this subsection, "motor vehicle" shall have the meaning assigned to it by the definition in subsection (1) of this section, as extended or restricted, as the case may be by those regulations.

2.—(1) The Revenue Commissioners shall, as soon as may be after the commencement of this Act, establish and maintain a register of importers of motor vehicles (in this Act referred to as the register).

(2) There shall be entered in the register the name and address of every person in respect of whom the Minister gives a direction under subsection (1), (2) and (3) of section 3 of this Act and a description of the make and type of motor vehicle specified in a direction under the said section 3 for the importation of which he is directed to be registered

(3) There shall be deleted from the register—

( a ) the name and address of any registered person in respect of whom the Minister gives a direction under subsection (1) or (3) of section 4 of this Act and the description of any make and type of motor vehicle for the importation of which the person is registered in the register, and

( b ) the description of any make and type of motor vehicle in respect of which the Minister gives a direction under section 4 (2) of this Act.

(4) Whenever the Minister gives a direction in writing to the Revenue Commissioners under this Act, entries in the register shall be made, amended or deleted, as the case may be, in accordance with the terms of the direction, as soon as may be after its receipt from the Minister.

3.—(1) The Minister may, if he so thinks fit, direct the Revenue Commissioners in writing to register in the register for the importation of motor vehicles of such make and type as may be specified in the direction a person who—

( a ) is an assembler of motor vehicles intended for sale the manufacturer (which expression includes a predecessor in title of the manufacturer) of which manufactured motor vehicles which were assembled for sale at any time in the year 1965,

( b ) gives an assurance to the Minister of such kind as the Minister considers satisfactory that he will continue to assemble for sale motor vehicles manufactured by that manufacturer to an extent that, in the opinion of the Minister, is satisfactory, and

( c ) undertakes to comply with such conditions as the Minister may impose at the time of the giving of the direction.

(2) The Minister may, if he so thinks fit, direct the Revenue Commissioners in writing to register in the register for the importation of motor vehicles of such make and type as may be specified in the direction a person who undertakes to comply with such conditions as the Minister may impose at the time of the giving of the direction and who or of whom a predecessor in title imported motor vehicles for the purposes of trade at any time during such period before the commencement of this Act as may be specified by the Minister as soon as may be after such commencement.

(3) The Minister may, if be so thinks fit, direct the Revenue Commissioners in writing to register in the register for the importation of motor vehicles of such make and type as may be specified in the direction a person (other than a person to whom subsection (1) or (2) of this section applies) who undertakes to comply with such conditions as the Minister may impose at the time of the giving of the direction and who, after the commencement of this Act, assembles motor vehicles for sale to an extent that, in the opinion of the Minister, is satisfactory.

(4) The Minister may, if he so thinks fit, direct the Revenue Commissioners in writing, in respect of a registered person who undertakes to comply with such conditions as the Minister may impose at the time of the giving of the direction, that the person be registered in the register for the importation of such make and type of motor vehicle as may be specified in the direction.

(5) In this section "assembler", in relation to motor vehicles, means a person who carries on in the State the business of putting together, so as to form the motor vehicles, parts which are supplied to him mainly by the manufacturer of the motor vehicles and which (in so far as they are so supplied) are imported into the State—

( a ) in the form of complete or substantially complete aggregates of parts which are classified as knocked down under the Imposition of Duties (No. 159) (Customs Duties and Form of Customs Tariff) Order, 1966, or

( b ) in cases where the Minister so authorises, in such other form as the Minister authorises,

and cognate words shall be construed accordingly.

4.—(1) Whenever, in the opinion of the Minister, a registered person—

( a ) is in breach of an assurance under section 3 of this Act, or

( b ) fails to comply with a condition imposed by the Minister under the said section 3 at the time of the giving of a direction under that section in relation to the person,

the Minister may if he so thinks fit direct the Revenue Commissioners in writing to cancel the registration of the person in the register.

(2) The Minister may, if he so thinks fit, direct the Revenue Commissioners in writing to cancel the description in the register of a make and type of motor vehicle for the importation of which a person is registered.

(3) The Minister shall, if he is so requested by a registered person, direct the Revenue Commissioners in writing to cancel the registration of the person in the register.

5.—A registered person may import motor vehicles of any make and type for the importation of which he is registered in the register.

6.—(1) The Minister may, whenever he so thinks fit, authorise a registered person to import a motor vehicle of a make or type not entered in the register.

(2) The Minister may whenever he so thinks fit, if he is satisfied that it would not be appropriate to authorise the importation by a registered person of a motor vehicle not intended for sale authorise any other person to import a motor vehicle not intended for sale whether it is of a make or type entered in the register or not.

7.—(1) Motor vehicles may, in addition to the cases in which their importation is permitted under subsection (2) of this section, be imported under and in accordance with the preceding provisions of this Act but not otherwise.

(2) A motor vehicle may be imported in any case in which—

( a ) the importation, whether temporarily or otherwise, without payment of any duty of customs chargeable on the vehicle, or on payment thereof at a reduced rate, is authorised by or under any enactment

( b ) at the time of importation the vehicle is chargeable with a duty of customs under section 28 (1) (b) of the Finance Act, 1935 , or

( c ) the importation is for the purposes of the transit or transhipment under the control of officers of customs and the subsequent exportation of the vehicle or for the warehousing and subsequent exportation of the vehicle.

8.—Every order or regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and, if a resolution annulling the order or regulation is passed by either such House within the next twenty-one days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to anything previously done thereunder.

9.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas and the expenses incurred by the Minister for Finance in the administration of this Act shall be paid out of moneys provided by the Oireachtas.

10.—This Act shall come into operation on such day as the Minister may by order appoint.

11.—This Act may be cited as the Motor Vehicles (Registration of Importers) Act, 1968 .