No. 8/1971:

ROAD TRANSPORT ACT, 1971

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Amendment of section 9 of Principal Act.

3 Amendment of section 14 of Principal Act, and consequential provisions relating to merchandise licences.

4 Transitional provision relating to certain merchandise licences.

5 Duration of merchandise licences.

6 Register of merchandise licences.

7 Licence granted to Wexford Steamships Company Limited.

8 Licensing of international road haulage in the State.

9 Repeals.

10 Expenses.

11 Commencement.

12 Short title and construction.

SCHEDULE

AN ACT TO AMEND AND EXTEND THE ROAD TRANSPORT ACT, 1933 , AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[7th April, 1971.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"the Minister" means the Minister for Transport and Power;

"the Principal Act" means the Road Transport Act, 1933 .

2.—Section 9 of the Principal Act is hereby amended—

(i) by the substitution for subsection (1) of the following subsection:

"(1) ( a ) Subject to paragraph (b) of this subsection and to subsection (5) of this section, it shall not be lawful on or after the appointed day for any person in the course of a merchandise road transport business carried on by him to carry merchandise in any area in the State unless—

(i) such person is the holder of a licence (in this Act referred to as a merchandise licence) granted under this Part of this Act authorising him to carry on a merchandise road transport business in that area and such business is carried on under and in accordance with such licence, or

(ii) such area is an exempted area and merchandise is carried by such person in the course of such merchandise road transport business only in such area or such area and other exempted areas.

( b ) Notwithstanding paragraph (a) of this subsection and section 124 of the Transport Act, 1944 , the holder of a merchandise licence may carry on a merchandise road transport business—

(i) in an exempted area with a vehicle in respect of which a vehicle plate is not on issue to him,

(ii) in an exempted area even though that area is not specified in the licence,

(iii) when carrying commodities the carriage of which is not subject to any statutory restriction or limitation under this section, whether or not a vehicle plate is on issue to him in respect of the vehicle in which they are carried.", and

(ii) by the insertion after subsection (4) (inserted by the Road Transport Act, 1934 ) of the following subsection:

"(5) The restrictions on the carriage of merchandise imposed by this section shall not apply to the carriage of cattle, sheep or pigs.".

3.—(1) Section 14 of the Principal Act, which relates to the operation of merchandise licences, is hereby amended—

( a ) by the substitution in subsection (1) of the following paragraph for paragraph (a):

"( a ) operate and be expressed to authorise the licensee under such licence to carry on a merchandise road transport business in respect of the merchandise (or type of merchandise) specified in the application in the area (or areas) specified in the application and with such number of vehicles as may be specified in the licence (being the number calculated in accordance with subsection (4) of this section), but subject to the provisions of this Act and regulations made thereunder and to any conditions specified in such licence;",

( b ) by the substitution in subsection (1) of the following paragraph for paragraph (c):

"( c ) if it is a merchandise (existing carrier's) licence, be expressed to be such a licence.",

( c ) by the substitution of the following subsection for subsection (2):

"(2) Notwithstanding anything in this section, every merchandise (existing carrier's) licence shall operate and be expressed to authorise the licensee under such licence to carry on a merchandise road transport business throughout the State in respect of any merchandise or type of merchandise.", and

( d ) by the insertion after subsection (3) of the following subsections:

"(4) The number of vehicles with which a licensee under a merchandise licence shall be entitled to carry on a merchandise road transport business shall be—

( a ) if the licence is a merchandise (existing carrier's) licence—

(i) in a case in which, immediately before the commencement of the Road Transport Act, 1971 , the licensee was authorised by the licence to carry on a merchandise road transport business throughout the State but was not so authorised by virtue of an extension of the operation of the licence granted under section 115 of the Transport Act, 1944 , solely to authorise the carriage of livestock throughout the State—a number of vehicles equal to the number provided under subparagraph (ii), (iii) or (iv) of this paragraph (as may be appropriate), increased by one,

(ii) in a case in which one or more than one vehicle plate was lawfully on issue to the licensee on the 1st day of January, 1969, in respect of vehicles being operated by him under and in accordance with that licence—a number of vehicles equal to the number of such vehicle plates,

(iii) in a case in which a vehicle plate was not on issue to the licensee on the 1st day of January, 1969, but was lawfully on issue to him on any day in the period of three years ending on the 31st day of December, 1968— a number of vehicles equal to the number of vehicle plates on issue to him under that licence on the latest day in that period on which a vehicle plate was so on issue to him,

(iv) in any other case—one vehicle,

( b ) if the licence is not a merchandise (existing carrier's) licence, such number of vehicles of such description as the Minister may from time to time specify on the licence.

(5) For the purposes of subsection (4) of this section—

( a ) where a vehicle plate has been issued in respect of a vehicle plate represented to have been lost or destroyed both such plates shall be reckoned as one vehicle plate;

( b ) where in contravention of section 32 of this Act a person has not delivered a vehicle plate to a member of the Garda Síochána, that plate shall be deemed not to be on issue to that person.".

(2) On the commencement of this Act, the Minister shall grant, in accordance with the Principal Act (as amended by this Act), a merchandise licence in substitution for every merchandise licence which was in force immediately before such commencement and a licence so granted shall be deemed to have been granted in pursuance of an application under section 11 of the Principal Act.

(3) Every licence granted by virtue of subsection (2) of this section shall be deemed to have been granted in pursuance of the application under the Principal Act for the licence in substitution for which the first-mentioned licence is granted.

(4) Where by virtue of subsection (2) of this section a licence is granted to a person in substitution for a licence, the last-mentioned licence shall thereupon stand revoked.

(5) In so far as they relate to the number of vehicles which may be operated under a merchandise licence, subsections (1) and (4) of section 14 of the Principal Act as amended by this Act shall not apply in relation to a merchandise licence on issue to an authorised (merchandise carrying) company.

4.—(1) Notwithstanding anything in section 14 (as amended by this Act) of the Principal Act, whenever it appears to the Minister that, in relation to a particular merchandise (existing carrier's) licence, the number of vehicles therein specified pursuant to the said section 14 (as so amended) does not fairly represent the normal complement of vehicles lawfully operated by the licensee under and in accordance with the terms of the licence in the period of three years ending on the 31st day of December, 1968 (being the number of vehicles so used by him with reasonable continuity or regularity), the Minister may amend the licence by increasing to such number as he may consider fair and reasonable the number of vehicles with which the licensee is authorised by that licence to carry on a merchandise road transport business, and the licence shall have effect accordingly on and after the date of the amendment.

(2) The power conferred on the Minister by this section shall cease to have effect at the end of one year commencing on the commencement of this Act.

5.—(1) Notwithstanding anything in section 19 or 22 of the Principal Act, every merchandise licence in force on the 30th day of June, 1970, which has not lapsed or been revoked since that date, shall be deemed to remain in force until the commencement of this Act.

(2) Every merchandise licence granted on or after the commencement of this Act shall (unless it is sooner revoked or lapses) continue in force until the 30th day of September following the date on which it was granted and shall then expire unless it is renewed under the Principal Act.

(3) Every merchandise licence renewed under the Principal Act after the commencement of this Act shall continue in force until the 30th day of September following the date on which it was last renewed and shall then expire unless it is again renewed under the Principal Act.

6.—(1) The Minister shall cause to be established and kept a register of all merchandise licences granted on or after the commencement of this Act, and such register shall be in such form and contain such particulars as the Minister shall from time to time direct.

(2) The said register shall at all reasonable times be open to inspection by any person on payment of a fee of such amount as shall from time to time be prescribed by the Minister with the sanction of the Minister for Finance.

(3) Any person shall be entitled to obtain from the Minister a copy of any entry in the said register on payment therefor of a fee of such amount as shall from time to time be prescribed by the Minister with the sanction of the Minister for Finance.

(4) Every fee payable under this section shall be collected and accounted for in such manner as shall be prescribed by the Minister with the sanction of the Minister for Finance.

(5) Every document purporting to be a copy of an entry in the said register, and purporting to be certified by an officer of the Minister to be a true copy of such entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of such entry and to be evidence of the terms of such entry.

7.—Notwithstanding anything in the Principal Act, the licence granted by the Minister for Industry and Commerce on the 24th day of March, 1937, to the Wexford Steamships Company Limited, and purporting to have been granted under Part II of the Principal Act, shall be deemed to be a merchandise (existing carrier's) licence, and the number of vehicles in respect of which vehicle plates were lawfully on issue to the said Wexford Steamships Company Limited on the 1st day of January, 1969, shall be deemed to be eighteen, and section 4 of this Act shall not apply to the said licence.

8.—(1) ( a ) Notwithstanding anything in the Principal Act or the Road Transport Act, 1935 , the Minister may grant, in respect of a lorry or tractor which complies with the conditions specified in section 7 (1) of the said Road Transport Act, 1935 (as amended by section 29 of the Transport Act, 1958 ) a licence (which shall be known, and is in this Act referred to, as a restricted road freight licence) to a person authorising him to import the vehicle and to use it for the purposes of merchandise road transport in the State subject to any conditions which the Minister may see fit to impose and specifies in the licence.

( b ) Nothing in this section shall be construed as permitting a person to use a vehicle, in respect of which a restricted road freight licence has been granted, for the purpose of the delivery in the State of goods which have been loaded on to that vehicle in the State.

(2) ( a ) The Minister may by order declare that a licence or class of licence (as specified in the order) issued in pursuance of an international multilateral or bilateral agreement to which the State is a party by the competent authority of another State, an international organisation or a person or body acting on behalf of such an organisation, shall be deemed to be a restricted road freight licence.

( b ) The Minister may by order amend or revoke an order under this section.

(3) Sections 9 (as amended by this Act) and 34 of the Principal Act shall not apply to a person who is the holder of a restricted road freight licence or a licence deemed by order under this section to be a restricted road freight licence when that person is engaged in merchandise road transport under and in accordance with the terms of the licence.

(4) Section 7 (3) of the Road Transport Act, 1935 , shall apply to a restricted road freight licence as if it were a licence under section 7 of that Act.

(5) The Minister may at his discretion charge a fee of such amount as he may determine in respect of a restricted road freight licence or a licence deemed by order under this section to be a restricted road freight licence.

9.—Each enactment specified in column (2) of the Schedule to this Act is hereby repealed to the extent specified in column (3) of the Schedule.

10.—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.

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

12.—(1) This Act may be cited as the Road Transport Act, 1971 .

(2) The Principal Act and this Act shall be construed together as one Act.

Section 9

SCHEDULE

REPEALS