Transport act, 1958

Act Number19
Enactment Date16 July 1958


Number 19 of 1958.


TRANSPORT ACT, 1958.


ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

1.

Short title.

2.

Definitions.

3.

Saving for rights of Minister for Posts and Telegraphs.

4.

Laying of orders before Houses of the Oireachtas.

5.

Expenses.

6.

Repeals.

PART II.

General Powers and Duties of Board.

7.

General duties of the Board.

8.

Terms and conditions of carriage.

9.

Level crossings.

PART III.

Finance.

10.

Grants to Board.

11.

C.I.E. 3% Transport Stock, 1955-60, to be a Government loan.

12.

Release of Board from liability to repay advances of £5,623,400 for transport stock interest and temporary borrowing.

13.

Repayable advances of £1,000,000 for capital expenditure to be treated as non-repayable grant.

14.

Compensation of employees whose services are dispensed with or conditions worsened.

15.

Grants in respect of compensation.

16.

Restriction of existing compensation provisions.

17.

Returns in relation to compensation.

18.

Amendment of section 44 of Act of 1950.

PART IV.

Cesser of Train Services and Closing of Railways and Canals.

19.

Termination of train services.

20.

Abandonment of railway lines of Board.

21.

Abandonment of railway lines of other railway companies.

22.

Sale of land of abandoned railway line to public body.

23.

Closing of canal.

PART V.

Road Transport.

24.

Exemption of Board from requirement of passenger licences.

25.

Restriction on initiation and alteration of passenger road services.

26.

Relief from obligation to carry vehicle plate.

27.

Carriage of livestock for neighbouring farmers.

28.

Illegal haulage: second and subsequent offences.

29.

Importation of unladen lorries and tractors.

FIRST SCHEDULE.

Enactments Repealed

SECOND SCHEDULE.

Compensation of Certain officers and servants of the Board whose services are dispensed with


Acts Referred to

Transport Act, 1950

1950, No. 12.

Transport Act, 1955

1955, No. 25.

Railways' Clauses Consolidation Act, 1845

1845, c. 20.

Railways Clauses Act, 1863

1863, c. 92.

Government Loans (Conversion) Act, 1951

1951, No. 12.

Central Fund Act, 1957

1957, No. 2.

Appropriation Act, 1957

1957, No. 15.

Road Transport Act, 1932

1932, No. 2.

Road Transport Act, 1933

1933, No. 8.

Railways Act, 1933

1933, No. 9.

Transport Act, 1944

1944, No. 21.

Local Government Act, 1941

1941, No. 23.

Regulation of Railways Act, 1873

1873, c. 48.

Finance (Excise Duties) (Vehicles) Act, 1952

1952, No. 24.

Probation of Offenders Act, 1907

1907, c. 17.

Road Transport Act, 1935

1935, No. 23.


Number 19 of 1958.


TRANSPORT ACT, 1958.


AN ACT TO MAKE FURTHER PROVISION IN RELATION TO TRANSPORT. [16th July, 1958.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title.

1.—This Act may be cited as the Transport Act, 1958.

Definitions.

2.—In this Act—

“the Act of 1950” means the Transport Act, 1950 ;

“the Act of 1955” means the Transport Act, 1955 ;

“the Board” means Córas Iompair Éireann;

“the Minister” means the Minister for Industry and Commerce.

Saving for rights of Minister for Posts and Telegraphs.

3.—Nothing in this Act shall affect the rights of the Minister for Posts and Telegraphs under any enactment relating to the conveyance of letter or parcel mails by rail.

Laying of orders before Houses of the Oireachtas.

4.—Every order under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either House within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Expenses.

5.—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.

Repeals.

6.—The enactments mentioned in the First Schedule are hereby repealed to the extent specified in the third column.

PART II.

General Powers and Duties of Board.

General duties of the Board.

7.—(1) It shall be the general duty of the Board to provide reasonable, efficient and economical transport services with due regard to safety of operation, the encouragement of national economic development and the maintenance of reasonable conditions of employment for its employees.

(2) It shall be the duty of the Board to conduct its undertaking so that, as soon as may be, and in any case not later than the 31st day of March, 1964, its operating expenditure, including all charges properly chargeable to revenue, shall not be greater than the revenue of the Board.

(3) Nothing in this section shall be construed as imposing on the Board, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

Terms and conditions of carriage.

8.—(1) In this section—

“charges” includes fares, rates or tolls;

“service” means any of the following—

(a) the conveyance of passengers and their luggage,

(b) the receiving, forwarding, carrying and delivering of merchandise,

(c) any other transport service or facility.

(2) The Board may fix, demand, take and recover such charges as the Board thinks fit for any service provided by it.

(3) The Board may attach to any service provided by it such terms and conditions as the Board thinks fit.

(4) Any carriage of merchandise by rail by the Board which is in accordance with the terms and conditions contained in Statutory Rule and Order No. 13 of 1930 shall be deemed to be carriage of that commodity under terms and conditions which are just and reasonable.

(5) Unless otherwise specified in writing by the Board, all merchandise carried by the Board by rail shall be deemed to be carried subject to the terms and conditions contained in Statutory Rule and Order No. 13 of 1930.

(6) The Minister, on the application of the Board, may by order vary (whether by addition, substitution or deletion) the terms and conditions of carriage contained in Statutory Rule and Order No. 13 of 1930, and references in this section (including this subsection) to such terms and conditions shall be construed as references to those terms and conditions as so varied.

(7) Where an application is made under subsection (6), the Board shall, if the Minister so requires, give notice of the application to the public in such form and manner as the Minister directs.

(8) Notwithstanding any rule of law or enactment to the contrary, the Board may refuse any particular traffic offered to it.

Level crossings.

9.—(1) The Minister may, on the application of the Board and after consultation with the Minister for Local Government, by order provide that the provisions of section 47 of the Railways' Clauses Consolidation Act, 1845 , and section 6 of the Railways Clauses Act, 1863 , which relate to the control of level crossings, and any other enactment incorporating requirements to similar effect, or such of those provisions as may be specified in the order, shall not apply to a specified level crossing of the undertaking.

(2) The order may require the Board to provide and maintain such barriers, lights and automatic and other devices and appliances and to comply with such other conditions and requirements for the protection, safety and convenience of the public as the Minister thinks fit and specifies in the order.

(3) The order may require the Board to recompense, in such manner as the order may prescribe, any person performing services for the Board at the level crossing under any form of agreement, where that person's services under the agreement are dispensed with as a consequence of the order.

(4)An application by the Board to the Minister shall be accompanied by a draft of the proposed order and the draft shall be in such form as the Minister may direct.

(5) Before making the application the Board shall give notice of its proposal, together with a copy of the draft, to the appropriate road authority and to the Commissioner of the Garda Síochána.

(6) The Minister may, after consultation with the Minister for Local Government, by order amend or revoke an order under this section.

PART III.

Finance.

Grants to Board.

10.—(1) The Minister shall, out of moneys provided by the Oireachtas, make to the Board in the financial year beginning on the 1st day of April, 1959, and in each of the next four financial years an annual grant of £1,000,000.

(2) The Board shall utilise such payments so far as may be necessary to defray the interest on its transport stock and may apply the balance for the purposes of its undertaking in such manner as it thinks fit.

(3) The provision for payment of interest made by subsection (2) is without prejudice to the continued operation of subsection (3) of section 30 of the Act of 1950.

C.I.E. 3% Transport Stock, 1955-60, to be a Government loan.

11.—(1) The Minister for Finance shall be liable, to the exclusion of the Board, for the due payment of the principal, amounting to £9,889,083 of the Board's 3% Transport Stock, 1955-60 and that Stock shall be a Government loan for the purposes of the Government Loans (Conversion) Act, 1951 .

(2) All moneys required for the due payment by the Minister for Finance of the principal of the...

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