Road transport act, 1935

• Enactment Date: 20 June 1935
• Act Number: 23

Number 23 of 1935.
ROAD TRANSPORT ACT, 1935.
ARRANGEMENT OF SECTIONS
Section 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.
Acts Referred to Road Transport Act, 1933 No. 8 of 1933 Road Transport Act, 1934 No. 17 of 1934
Number 23 of 1935.
ROAD TRANSPORT ACT, 1935.
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:—
	Definitions.	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.
	Carriage for reward.	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	(2) Section 2 of the Road Transport Act, 1934 (No. 17 of 1934), is hereby repealed.
	Variation of standard lorry weights.	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 in 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 .
	Amendment of section 36 of the Principal Act.	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.
	Amendment of section 63 of the Principal Act.	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...