No. 23/1935:

ROAD TRANSPORT ACT, 1935

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Carriage for reward.

3 Variation of standard lorry weights.

4 Amendment of section 36 of the Principal Act.

5 Amendment of section 63 of the Principal Act.

6 Restriction on importation of certain mechanically propelled vehicles used for carriage of passengers.

7 Restriction on importation of certain lorries and tractors used for the carriage of merchandise.

8 Expenses.

9 Short title.

AN ACT TO AMEND THE ROAD TRANSPORT ACT, 1933 , AND THE ROAD TRANSPORT ACT, 1934 , AND TO CONTROL THE IMPORTATION OF CERTAIN MECHANICALLY PROPELLED VEHICLES WHICH ARE BEING USED FOR THE CARRIAGE OF PASSENGERS OR MERCHANDISE.

[20th June, 1935]

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

1.—(1) In this Act the expression "the Principal Act" means the Road Transport Act, 1933 (No. 8 of 1933).

(2) Every word and expression used in this Act to which a particular meaning is given by The Principal Act, as amended by the Road Transport Act, 1934 (No. 17 of 1934), for the purposes of The Principal Act has in this Act the meaning so given to it.

2.—(1) Where—

( a ) a mechanically propelled vehicle owned by a person or a vehicle drawn by a mechanically propelled vehicle owned by a person is used for the carriage of merchandise the property of such person, or

( b ) a mechanically propelled vehicle owned by a company or a vehicle drawn by a mechanically propelled vehicle owned by a company is used for the carriage of merchandise the property of any company which is in the same ownership or under the same management as such first-mentioned company,

such merchandise shall be deemed, for the purposes of The Principal Act, not to be carried for reward.

(2) Section 2 of the Road Transport Act, 1934 (No. 17 of 1934), is hereby repealed.

3.—(1) Where the standard lorry weight for a licensee under a merchandise (existing carrier's) licence is less than two tons ` the standard lorry weight for such licensee for the purposes of The Principal Act shall be and is hereby increased to two tons, and the Minister shall, on the application of such licensee, make such amendments in such licence as may be necessary to give effect to this sub-section.

(2) Whenever any person—

( a ) who is the licensee under a merchandise (existing carrier's) licence for whom there is a standard lorry weight, and

( b ) who claims—

(i) that the body of any lorry, the unladen weight of which is included in such standard lorry weight, has been replaced by a body manufactured All Saorstát Eireann, and

(ii) that, as a result of such replacement, the unladen weight of such lorry has been increased,

applies to the Minister for a direction under this sub-section, the Minister may, if he thinks fit and if he is satisfied that such claim is well founded, direct that the standard lorry weight for such licensee shall be increased by a weight equal to the difference between the unladen weight of such lorry before such replacement and the unladen weight of such lorry after such replacement, and if such direction is given the standard lorry weight for such licensee for the purposes of The Principal Act shall be the standard lorry weight as so increased, and the Minister shall make such amendments in such licence as may be necessary to give effect to such direction.

(3) The provisions of sub-sections (8), (9) and (10) of section 11 of the Road Transport Act, 1934 (No. 17 of 1934), shall apply in respect of every application under the immediately preceding sub-section in like manner as if such application were an application under the said section 11.

4.—Sub-section (1) of section 36 of the Principal Act is hereby amended by the insertion therein of the words "in a mechanically propelled vehicle" after the words "reward of merchandise," and the said section shall be construed and have effect accordingly.

5.—(1) section 63 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

( a ) by the substitution in clause (i) of paragraph (a)by the said section of the words and was continuously employed (whether such employment commenced before or after the grant of such licence) whole-time, for a period of five years ending on the day preceding the critical date in the operation of the said vehicles, either by such licensee or by such licensee and his predecessor or predecessors in title to such business for the words and was so employed continuously for a period of five years ending on the day preceding the critical date now contained in the said clause;

( b ) by the substitution in paragraph (b) of the said section of the words (whether such employment commenced before or after the grant of such licence) whole-time, in the operation of the said vehicles, either by such licensee or by such licensee and his predecessor or predecessors in title to such business for the words whole-time by such licensee in the operation of the vehicles used for the purposes of the business authorised by such licence to be, carried on now contained in the said paragraph;

( c ) by the substitution in paragraph (c)of the said section of the words either by such licensee or by such licensee and his predecessor or predecessors in title to such business for the words by such licensee now contained in the said paragraph.

(2) This section shall have and be deemed to have had effect as from the passing of The Principal Act.

6.—(1) It shall not be lawful for any person (other than an authorised (passenger carrying) company) to import into Saorstát Eireann on or after the 1st day of July, 1935, any mechanically propelled vehicle which at the time of importation complies with the following conditions (in this section referred to as the statutory conditions), that is to say:—

( a ) is constructed or adapted for the carriage of passengers by road and has sitting accommodation for more than six persons excluding the driver, and

( b ) is owned by a person who, if an individual, resides outside Saorstát Eireann, or, if a partnership, has its principal place of business outside Saorstát Eireann or, if a company, has its registered office outside Saorstát Eireann, and

( c ) is being used for the carriage of passengers, otherwise than under and in accordance with a licence issued under this section.

(2) The Minister may, if he so thinks fit, issue to any person who applies therefor a licence expressed to authorise such person to import into Saorstát Eireann mechanically propelled vehicles which at the time of importation comply with the statutory conditions.

(3) Every licence issued under this section shall operate to authorise the person specified therein to import into Saorstát Eireann mechanically propelled vehicles which at the time of importation comply with the statutory conditions, but subject to the due compliance by such person with the law for the time being in force in relation to the importation of mechanically propelled vehicles and in particular to the payment of the duties of customs (if any) chargeable on such importation.

(4) The Minister may at any time revoke a licence issued under this section.

(5) Mechanically propelled vehicles prohibited to be imported by virtue of this section shall be deemed to be included among the goods enumerated and described in the Table of Prohibitions, and Restrictions Inwards, contained in section 42 of the Customs Consolidation Act, 1876, and the provisions of that Act, as amended or extended by any subsequent Act, applying to the importation of prohibited or restricted goods, shall apply accordingly.

7.—(1) It shall not be lawful for any person (other than an authorised (merchandise carrying) company) to import into Saorstát Eireann on or after the 1st day of July, 1935, any lorry or tractor which at the time of importation complies with the following, conditions (in this section referred to as the statutory conditions), that is to say:—

( a ) is owned by a person who, if an individual resides outside Saorstát Eireann, or, if a partnership, has its principal place of business outside Saorstát Eireann or, if a company, has its registered office outside Saorstát Eireann, and

( b ) if a lorry, is being used for the carriage of merchandise or, if a tractor, is being used for the traction of another vehicle carrying merchandise, otherwise than under and in accordance with a licence issued under this section.

(2) The Minister may, if he, so thinks fit, issue to any person who applies therefor a licence expressed to authorise such person to import into Saorstát Eireann lorries and tractors which at the time of importation comply with the statutory conditions.

(3) Every licence issued under this section shall operate to authorise the person specified therein to import into Saorstát Eireann lorries and tractors which at the time of importation comply with the statutory conditions, but subject to the due compliance by such person with the law for the time being in force in relation to the importation of lorries and tractors and in particular to the payment of the duties of customs (if any) chargeable on such importation.

(4) The Minister may at any time revoke a licence issued under this section.

(5) Lorries and tractors prohibited to be imported by virtue of this section shall be deemed to be included among the goods enumerated and described in the Table of Prohibitions and Restrictions Inwards contained in section 42 of the Customs, Consolidation Act, 1876, and the provisions of that Act, as amended or extended by any subsequent Act, applying to the importation of prohibited or restricted goods, shall apply accordingly.

8.—All expenses incurred by the Minister under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

9.—This Act may be cited as the Road Transport Act, 1935 .