Road transport act, 1986

• Enactment Date: 12 June 1986
• Act Number: 16

Number 16 of 1986
ROAD TRANSPORT ACT, 1986
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Applications for merchandise licences. 3. Grant of carrier's licences. 4. Operation of carrier's licences. 5. Revocation of merchandise licences. 6. Appeals. 7. Notification of change of vehicle. 8. Licensing of international haulage in the State. 9. Carriage of merchandise in hired, rented or leased vehicle. 10. Register of carrier's licences. 11. Death or incapacity of holder of carrier's licence. 12. Temporary permission to carry on business. 13. Special provision where certain offences alleged. 14. Increase in penalties. 15. Transport officers. 16. Powers of transport officers. 17. Prosecution of offences by Minister. 18. Orders. 19. Repeals. 20. Expenses. 21. Commencement. 22. Short title and construction.
Acts Referred to European Communities Act, 1972 1972, No. 27 Hire-Purchase Acts, 1946 to 1980 Road Transport Act, 1932 1932, No. 2 Road Transport Act, 1933 1933, No. 8 Road Transport Act, 1934 1934, No. 17 Road Transport Act, 1935 1935, No. 23 Road Transport Act, 1956 1956, No. 13 Road Transport Act, 1971 1971, No. 8 Road Transport Act, 1978 1978, No. 8 Transport Act, 1944 1944, No. 21 Transport Act, 1958 1958, No. 19
Number 16 of 1986
ROAD TRANSPORT ACT, 1986
AN ACT TO AMEND AND EXTEND THE ROAD TRANSPORT ACT, 1933 , AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID AND FOR THE APPLICATION AND ADAPTATION OF CERTAIN ENACTMENTS AND CERTAIN INSTRUMENTS MADE UNDER ENACTMENTS. [12th June, 1986]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act—
	“the Act of 1978” means the Road Transport Act, 1978 ;
	“carrier's licence” means either a national road freight carrier's licence or an international road freight carrier's licence;
	“existing merchandise licence” means a merchandise licence which was in force at any time in the period of two years ending on the day on which section 3 of this Act comes into operation and which has not expired or been revoked;
	“existing restricted road freight licence” means a restricted road freight licence which is in force on the day on which section 3 of this Act comes into operation;
	“international road freight carrier's licence” has the meaning assigned to it by section 3 of this Act;
	“the Minister” means the Minister for Communications;
	“national road freight carrier's licence” has the meaning assigned to it by section 3 of this Act;
	“the Principal Act” means the Road Transport Act, 1933 ;
	“transport officer” means a transport officer appointed under section 15 of this Act.
	(2) For the purposes of the Principal Act, as amended by this Act, a national road freight carrier's licence and an international road freight carrier's licence shall each be deemed to be a merchandise licence under that Act.
	Applications for merchandise licences.	2.—The following subsection is hereby substituted for subsection (1) of section 11 of the Principal Act:
	“(1) The following provisions shall have effect in relation to applications for merchandise licences:
	(a) every application shall be in the prescribed form, and shall be made to the Minister in the prescribed manner;
	(b) every application shall state—
	(i) whether it is for a national road freight carrier's licence under the Road Transport Act, 1986, or for an international road freight carrier's licence under that Act;
	(ii) the registration number of each registered and taxed vehicle to be authorised under the licence being applied for;
	(iii) the vehicle plate issuing station at which the applicant, in the event of his application being granted, desires that vehicle plates should be available for issue to him;
	(c) every application shall contain such information as will satisfy the Minister that the applicant complies with the requirements as to good repute, sound financial standing and professional competence referred to or specified in regulations under the European Communities Act, 1972 .”.
	Grant of carrier's licences.	3.—(1) As soon as may be after the commencement of this section, the Minister shall grant, in accordance with this Act—
	(a) to the holder of an existing merchandise licence (or licences) under the Principal Act a licence (to be known, and referred to in this Act, as a “national road freight carrier's licence”) or a licence (to be known, and referred to in this Act, as an “international road freight carrier's licence”) in substitution for such existing merchandise licence (or licences) and in substitution for any existing road freight certificate under regulations under the European Communities Act, 1972 , held by such person,
	(b) to the holder of an existing restricted road freight licence (or licences) under the Principal Act whose principal place of business is in the State, not being a licence deemed by order under section 8 (2) (a) of the Road Transport Act, 1971 , to be a restricted road freight licence, an international road freight carrier's licence in substitution for such existing restricted road freight licence (or licences) and in substitution for the road freight certificate under regulations made under the European Communities Act, 1972 , held by such licensee, and
	(c) to the holder, on the commencement of this section, of a current road freight certificate issued under regulations made under the European Communities Act, 1972 , who is not the holder of an existing merchandise licence (or licences) or of a restricted road freight licence (or licences) under the Principal Act who is engaged in the business of road haulage operator in an area which is an exempted area within the meaning of section 8(1) of the Principal Act (as amended before the commencement of this section), in substitution for such current road freight certificate, a national road freight carrier's licence or an international road freight carrier's licence.
	(2) The granting of any licence under subsection (1) of this section shall be subject to the making of an application to the Minister for such licence and to the surrender by the applicant of the existing licence (or licences) under the Principal Act or the road freight certificate issued under regulations made under the European Communities Act, 1972 (or both, as the case may be) in substitution for which the licence under subsection (1) is granted.
	(3) For the purpose of subsection (1) of this section—
	(a) the licence to be granted to the holder of a current national road freight certificate in substitution therefor shall be a national road freight carrier's licence;
	(b) the licence to be granted to the holder of a current international road freight certificate in substitution therefor shall be a national road freight carrier's licence or an international road freight carrier's licence, as may be specified by the applicant in his application.
	(4) Applications for licences under subsection (1) of this section shall comply with section 11 of the Principal Act (as amended by this Act) as if such applications were applications for merchandise licences under the Principal Act.
	(5) Where a licence under this section is granted in substitution for an existing licence (or licences) or certificate, the existing licence (or licences) or certificate shall, upon the grant of the licence under this Act, stand revoked.
	(6) In the period beginning two years after the commencement of this section the Minister shall, in accordance with and subject to section 11 of the Principal Act (as amended by this Act), grant a carrier's licence (as may be appropriate) to an applicant for such licence.
	(7) A licence under subsection (1) or subsection (6) of this section shall expire three years after the date on which it is granted or on such earlier date as, in the opinion of the Minister, the holder ceases to comply with the requirements referred to in section 11 (1) (c) of the Principal Act (inserted by this Act), or (where appropriate) on such earlier date as from which it is duly revoked or otherwise terminated.
	(8) Notwithstanding anything contained in section 5 of the Road Transport Act, 1971 ,—
	(a) every existing merchandise licence, and
	(b) every existing restricted road freight licence held by a person whose principal place of business is in the State, not being a licence deemed by order under section 8 (2) (a) of the Road Transport Act, 1971 , to be a restricted road freight licence,
	shall stand revoked two years after the coming into operation of this section.
	(9) Notwithstanding anything contained in section 5 of the Road Transport Act, 1971 ,—
	(a) every merchandise licence issued after the coming into operation of this section, and
	(b) every restricted road freight licence held by a person whose principal place of business is in the State and issued after the coming into operation of this section not being a licence deemed by order under section 8(2) (a) of the said Act to be a restricted road freight licence,
	shall stand revoked three years after the coming into operation of this section.
	Operation of carrier's licences.	4.—The following section is hereby substituted for section 14 of the Principal Act (inserted by the Act of 1978):
	“14.—(1) Every merchandise licence, being a national road freight carrier's licence, shall entitle the holder to carry on a merchandise road transport business in the State with such vehicles as may be specified in the licence.
	(2) Every merchandise licence, being an international road freight...