STATUTORY INSTRUMENTS.

S.I. No. 229 of 1999.

EUROPEAN COMMUNITIES (OPERATION OF ROAD PASSENGER TRANSPORT SERVICES BY NON-RESIDENT CARRIERS) REGULATIONS, 1999.

S.I. No. 229 of 1999.

EUROPEAN COMMUNITIES (OPERATION OF ROAD PASSENGER TRANSPORT SERVICES BY NON-RESIDENT CARRIERS) REGULATIONS, 1999.

I, MARY O'ROURKE, Minister for Public Enterprise, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 ( No. 27 of 1972 ), and for the purpose of giving effect to Council Regulation (EC) No. 12/98 of 11 December 1997⁽¹⁾ , and Commission Regulation (EC) No. 2121/98 of 2 October 1998⁽²⁾ , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Operation of Road Passenger Transport Services by Non-Resident Carriers) Regulations, 1999.

2. (1) In these Regulations:

“carrier” means a carrier to whom these Regulations apply;

“the Council Regulation” means Council Regulation (EC) No. 12/98 of 11 December 1997⁽¹⁾ ;

“the Commission Regulation” means Commission Regulation (EC) No. 2121/98 of 2 October 1998⁽²⁾ ;

“the Minister” means the Minister for Public Enterprise.

(2) A word or expression which is used in these Regulations and which is also used in the Council Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Council Regulation.

(3) In these Regulations:

(a) a reference to a Regulation is a reference to a Regulation of these Regulations, unless it is indicated that reference to some other Regulations is intended, and

(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

These Regulations apply to a carrier who operates road transport services for hire or reward and who is not resident, or does not have a place of establishment, in the State.

4. (1) Cabotage transport operations authorised under Article 3(3) of the Council Regulation may only be operated by a carrier in accordance with section 7 of the Road Transport Act, 1932 ( No. 2 of 1932 ), and section 6 of the Road Transport Act, 1935 ( No. 23 of 1935 ).

(2) A carrier who fails to comply with this Regulation shall be guilty of an offence.

5. Cabotage transport operations authorised under Article 3(1) and (2) of the Council Regulation operated by a carrier are exempt from the provisions of section 7 of the Road Transport Act, 1932 , and section 6 of the Road Transport Act, 1935 .

6. (1) A carrier shall not operate road passenger transport services for hire or reward who is not the holder of a Community licence.

(2) A carrier shall comply with the conditions laid down in Articles 5 and 6 of the Council Regulation.

(3) A carrier shall comply with Articles 2(2), 3, 4, 6, 8(2) and 9(3) of the Commission Regulation or ensure that these provisions are complied with.

(4) A carrier who fails to comply with this Regulation shall be guilty of an offence and shall be liable on summary conviction for a fine not exceeding £1,500.

7. (1) An offence under these Regulations may be prosecuted by the Minister.

(2) Where an offence is committed under these Regulations by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to have been attributable to the wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she was guilty of the first-mentioned offence.

8. Without prejudice to Regulation 6, the Minister may issue a warning to any carrier who has failed to comply with Regulation 6 and, in the event of a serious or repeated infringement of that Regulation, the Minister may, having considered any representations made to him or her in that behalf, impose a ban, for such temporary period as he or she sees fit, on cabotage operations within the State by the carrier.

9. (1) Any person aggrieved by a ban imposed by the Minister under Regulation 7, may, within 21 days of receipt of notice of the ban, appeal to the High Court.

(2) Where an appeal is made under paragraph (1) the appellant may make an application to the High Court that the ban shall stand suspended until the appeal is determined or withdrawn.

(3) On hearing an appeal under paragraph (1) the High Court may either confirm or vary the ban, or allow the appeal.

(4) A decision of the High Court on an appeal under paragraph (1) shall be final, save that, by leave of the court, an appeal from the decision shall be to the Supreme Court on a specified question of law.

10. (1) There shall be charged by and paid to the Minister in respect of a matter specified in column (2) of the Schedule to these Regulations, at any reference number, a fee of the amount specified in column (3) of the Schedule at that reference number.

(2) The following provisions shall have effect in relation to all fees payable to the Minister under these Regulations:

(a) the fees shall be collected in such manner as the Minister for Finance may from time to time direct, and shall be paid into the Exchequer in accordance with the directions of the Minister for Finance.

(b) The Public Offices Fees Act, 1879, shall not apply in respect of such fees.

SCHEDULE

⁽¹⁾ O.J. No. L 4, 8.1.98, p.10.

⁽²⁾ O.J. No. L 268, 3.10.98, p.10.

⁽¹⁾ O.J. No. L 4, 8.1.98, p.10.

⁽²⁾ O.J. No. L 268, 3.10.98, p.10.