No. 8/1978:

ROAD TRANSPORT ACT, 1978

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Amendment of section 9 of Principal Act.

3 Amendment of section 14 of Principal Act, and consequential provisions.

4 Amendment of section 8 of Act of 1971.

5 Orders by Minister relating to international agreements, etc.

6 Licensing of road haulage in new areas.

7 Provisions relating to vehicle plates.

8 Transitional provision relating to merchandise (existing carrier's) licences.

9 Modification of Road Transport Act, 1956.

10 Expenses.

11 Short title and construction.

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AN ACT TO AMEND AND EXTEND THE ROAD TRANSPORT ACT, 1933 , AND THE ROAD TRANSPORT ACT, 1971 , AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[16th May, 1978]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"the Act of 1971" means the Road Transport Act, 1971 ;

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

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

2.—The following section is hereby substituted for section 9 of the Principal Act, as amended by the Road Transport Act, 1934 , and the Act of 1971:

"9.—(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 the person is the holder of a licence (in this Act referred to as a merchandise licence) granted under this Act authorising him to carry on a merchandise road transport business in that area and the business is carried on under and in accordance with the licence.

( 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 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.

(2) ( a ) Every person who carries merchandise in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction—

(i) in the case of a first offence, to a fine not exceeding £250, or

(ii) in the case of a second or subsequent offence, to a fine not exceeding £500.

( b ) Section 1 (1) of the Probation of Offenders Act, 1907, shall not apply to a second or subsequent offence under this section.

( c ) Section 28 of the Transport Act, 1958 , is hereby repealed.

(3) A certificate purporting to be signed by an officer of the Minister and to certify that on a specified day or days or during the whole of a specified period a specified person was not the holder of a merchandise licence authorising him to carry on a merchandise road transport business shall, without proof of the signature of the person purporting to sign the certificate or that he was an officer of the Minister, be evidence until the contrary is proved of the matters purported to be certified in and by the certificate.

(4) Where a person is proved to have carried merchandise by way of merchandise road transport, the person shall for the purposes of this section be deemed until the contrary is proved to have so carried the merchandise in the course of a merchandise road transport business carried on by him.

(5) The restrictions on the carriage of merchandise imposed by this section shall not apply—

( a ) where the carriage is in a vehicle or a combination of vehicles (including a trailer or a semi-trailer) which does not exceed 2.5 metric tons unladen weight or which has a permissible maximum total laden weight of not more than 6 metric tons,

( b ) to the carriage of cattle, sheep or pigs,

( c ) in the period in each year beginning on the 1st day of August and ending on the 30th day of November, to the carriage of newly harvested wheat, oats or barley from a farm to a place of storage, assembly or processing.

(6) For the purposes of subsection (5) (a) of this section, 2.5 metric tons unladen weight shall be deemed to be equivalent to 6 metric tons permissible maximum total laden weight.".

3.—(1) The following section is hereby substituted for section 14 of the Principal Act, as amended by the Act of 1971:

"14.—(1) Every merchandise licence granted in pursuance of an application shall—

( 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, with such number of vehicles as may be specified in the licence and subject to this Act and regulations made thereunder and to any conditions specified in the licence;

( b ) state the vehicle plate issuing station at which vehicle plates will be available for issue to the licensee, being the station stated in the application as the station at which the licensee desired that vehicle plates should be available for issue to him;

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

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

(3) The number of vehicles with which a licensee under a merchandise licence shall be entitled to carry on a merchandise road transport business shall, subject to subsections (4) and (5) of this section and, in the case of a merchandise (existing carrier's) licence, to section 8 of the Road Transport Act, 1978 , be—

( a ) if the licence is a merchandise (existing carrier's) licence, the number of vehicles specified on the licence on the 1st day of January, 1978, multiplied by six,

( b ) in any other case, such number of vehicles as the Minister may from time to time specify on the licence and as are of such description as he may so specify.

(4) The number of vehicles which any one licensee shall be entitled to operate in carrying on a merchandise road transport business (whether under one licence or more than one licence) shall not exceed 80.

(5) Insofar as they relate to the number of vehicles which may be operated under a merchandise licence, the provisions of this section shall not apply to a merchandise licence issued to an authorised (merchandise carrying) company.".

(2) As soon as practicable after the passing of this Act—

(i) the Minister shall notify the holder of each merchandise (existing carrier's) licence of the amended number of vehicles he is entitled to operate;

(ii) a notification under this subsection shall constitute an amendment of the relevant licence;

(iii) the Minister shall correspondingly amend the particulars of each merchandise (existing carrier's) licence in the register of merchandise licences kept under section 6 of the Act of 1971.

(3) Every holder of a merchandise (existing carrier's) licence shall, as soon as practicable after the passing of this Act apply to the Minister to have the amended number endorsed on the licence and the Minister shall accede to every such application as soon as practicable.

4.—The following section is hereby substituted for section 8 of the Act of 1971:

"8.—(1) ( a ) Notwithstanding anything in The Principal Act or the Act of 1935, the Minister may grant in respect of a vehicle 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 use the vehicle 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.

( c ) Where a vehicle in respect of which a restricted road freight licence has been issued complies with the conditions specified in section 7 (1) of the Act of 1935 (as amended by section 29 of the Transport Act 1958 ), the restricted road freight licence shall also authorise the licensee to import the vehicle into the State, and section 7 (3) of the Act of 1935, shall apply to such a licence in such case as if it were a licence under section 7 of the Act of 1935.

(2) ( a ) The Minister may by order declare that a licence or class of licence (as specified in the order) issued by the competent authority of another State, an international organisation or a person or body acting on behalf of such an organisation in pursuance of an international agreement relating to international transport by road to which the State is a party, or an agreement, arrangement or resolution relating to such transport to which the Minister is a party, shall be deemed to be a restricted road freight licence, and any such order made before the passing of the Road Transport Act, 1978 , shall continue in force and be deemed to have been made under this section.

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

(3) Sections 9 and 34 of The Principal Act (as amended or extended) 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) 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, or a licence or class of licence issued by the Minister or by the Department of Tourism and Transport in pursuance of an international agreement relating to international transport by road to which the State is a party, or an agreement arrangement or resolution relating to such transport to which the Minister is a party.

(5) In this section 'the Act of 1935' means the Road Transport Act, 1935 .".

5.—(1) Where an international agreement relating to international transport by road to which the State is a party, or an agreement, arrangement or resolution relating to such transport to which the Minister is a party so requires, the Minister may by order exempt from the provisions of section 7 of the Road Transport Act, 1932 , sections 9 and 34 of The Principal Act (as amended or extended) and sections 6 and 7 of the Road Transport Act 1935 (as amended or extended) or from any of those provisions any specified class of vehicle or any specified class of such transport.

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

6.—(1) The Minister may by order appoint a day, not less than six months after the passing of this Act, to be the operative date for the purposes of this section, and in this section "the operative date" means the day so appointed.

(2) On and from the operative date section 8 of the Principal Act shall cease to have effect.

(3) Each of the following areas shall be known as a new area—

( a ) the area included within a circle having a radius of twenty miles and its centre at the principal post office in the city of Dublin;

( b ) the area included within a circle having a radius of twenty miles and its centre at the principal post office in the city of Cork;

( c ) the area included within a circle having a radius of fifteen miles and its centre at the principal post office in the city of Limerick;

( d ) the area included within a circle having a radius of fifteen miles and its centre at the principal post office in the city of Waterford;

( e ) the area included within a circle having a radius of fifteen miles and its centre at the principal post office in the borough of Galway.

(4) Where after the passing of this Act a person applies in accordance with the provisions of subsection (5) of this section for a merchandise licence authorising the licensee to carry on a merchandise road transport business in a new area with vehicles other than vehicles to which Section 9(5) (a) of The Principal Act applies and the person is the holder (of a road freight certificate under the European Communities (Merchandise Road Transport) Regulations, 1977 ( S.I. No. 386 of 1977 ), the Minister shall, notwithstanding anything in The Principal Act, grant the licence and a licence so granted shall commence on the operative date or the date on which it is granted (whichever is the later) and shall be known as a merchandise (new area) licence.

(5) ( a ) Every application for a merchandise (new area) licence shall be in such form as the Minister may direct,

( b ) sections 11 (4) to 11 (6) of The Principal Act shall apply to such an application.

(6) section 36 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

"(1) On and after the appointed day it shall not be lawful for any person to enter into an agreement for the carriage for reward of merchandise in a mechanically propelled vehicle by any other person unless such other person is a licensee under a merchandise licence or such carriage is exempted from the provisions of section 9 of this Act (as amended or extended).".

7.—(1) A certificate purporting to be signed by a Chief Superintendent of the Garda Síochána or by a Superintendent acting on his behalf stating:—

( a ) that a vehicle plate was issued on a specified date from a specified vehicle plate issuing station to a specified person in respect of a specified vehicle, or

( b ) that on a specified date or during a specified period a vehicle plate was not on issue to a specified person from a specified vehicle plate issuing station either in respect of a specified vehicle or otherwise,

shall, without proof of the signature of the person purporting to sign the certificate or that he was a Chief Superintendent or such a Superintendent, be received in evidence in any legal proceedings under The Principal Act and shall, until the contrary is proved, be accepted as evidence of the facts stated in the certificate.

(2) section 30 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (7):

"(7) Every vehicle plate issued under this section shall be made of such material as the Minister may prescribe and be of the prescribed pattern and bear the prescribed marks thereon.".

8.—(1) A person who is the holder of more than one merchandise (existing carrier's) licence and who is authorised under section 14 (3) of the Principal Act, as amended by this Act, to operate more than six vehicles under any of the licences may apply to the Minister for a re-distribution of the total number of vehicles so authorised among the licences so held in a manner specified in the application and the Minister shall accede to such an application but shall not so effect such a re-distribution if the number of vehicles authorised under any of the licences would after the re-distribution be less than six.

(2) An application under subsection (1) of this section may be made once only in respect of any merchandise (existing carrier's) licence.

(3) This section shall cease to have effect at the expiration of one year beginning at the passing of this Act.

9.—Where a mechanically propelled vehicle is hired (except under a hire-purchase agreement within the meaning of the Hire-Purchase Acts, 1946 and 1960) and, during the period of hiring, is used for the carriage of or for drawing a vehicle containing merchandise, the hirer of the vehicle shall, notwithstanding section 2 of the Road Transport Act, 1956 , be deemed not to be carrying on a merchandise road transport business or to be carrying merchandise in the course of that business if—

( a ) the carriage is not carriage for reward under section 112 of the Transport Act, 1944 , and

( b ) the vehicle is hired under an agreement with the holder of a merchandise licence and the agreement contains requirements approved by the Minister.

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.—(1) This Act may be cited as the Road Transport Act, 1978 .

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

ACTS REFERRED TO