Road transport act, 1933

• Enactment Date: 12 June 1933
• Act Number: 8

Number 8 of 1933.
ROAD TRANSPORT ACT, 1933.
ARRANGEMENT OF SECTIONS
PART I.
Preliminary and General.
Section 1. Short title. 2. Definitions. 3. Existing carriers. 4. Presumption of carriage of merchandise for reward. 5. The appointed day. 6. Regulations. 7. Expenses.
PART II.
Regulation of Merchandise Road Transport Businesses.
8. Exempted areas. 9. Prohibition of carrying on merchandise road transport business by unlicensed persons. 10. Vehicle plate issuing stations. 11. Applications for merchandise licences. 12. Grant of merchandise licences. 13. Standard lorry weights and tractor weights for existing carrier. 14. Operation of merchandise licences. 15. Obligation of licensees to accept merchandise for carriage. 16. Prohibition of undue preference by licensees. 17. Conditions of merchandise licences. 18. Amendment of conditions of a merchandise licence during its currency. 19. Commencement and duration of merchandise licences. 20. Application for renewal of merchandise licences. 21. Grants of renewals of merchandise licences. 22. Duration of renewals of merchandise licences. 23. Expiry of licence held by a shipping company. 24. Revocation of merchandise licences. 25. Transfer of merchandise licences. 26. Death of licensee under merchandise licence. 27. Fees on the grant, etc., of merchandise licences. 28. Accounts and returns by licensees under merchandise licences. 29. Registers to be kept by the Minister. 30. Issue of vehicle plates. 31. Restriction on issue of vehicle plates. 32. Delivery of vehicle plates in certain cases to Gárda Síochána. 33. Fraudulent use of vehicle plates. 34. Obligation to carry vehicle plate on vehicles carrying merchandise. 35. Inspection of vehicles carrying merchandise. 36. Prohibition of contracts for carriage of merchandise with unlicensed person. 37. Amendment of the Public Roads (Ireland) Act, 1911.
PART III.
Charges for Carriage of Merchandise.
38. Classification of merchandise. 39. Schedules of charges. 40. Variation of classification of merchandise. 41. Variation of schedule of charges. 42. Provisions in relation to settlement and amendment of schedules of charges. 43. Duty of licensees to furnish information to the railway tribunal. 44. Publication of classification of merchandise and schedule of charges. 45. Maximum charges.
PART IV.
Provisions in Relation to the Railway Tribunal and Applications to the Railway Tribunal by Certain Public Bodies.
46. Application of certain sections of the Railways Act, 1924. 47. Procedure and fees. 48. Appeals. 49. Provision for applications by public authorities etc., in certain cases.
PART V.
Compulsory Transfer of Certain Merchandise Licenses and Passenger Licences, and Restrictions on Operation of Certain Merchandise Licences.
50. Merchandise (existing carrier's) licences and annual passenger licences to which Part V applies. 51. Application for orders transferring etc., certain merchandise licences and passenger licences. 52. Making of orders under Part V. 53. Operation of transfer orders and reduction orders. 54. Compensation on transfer etc. of licences. 55. Determination of compensation. 56. Appointment of arbitrator. 57. Expenses of licensees in relation to arbitrations. 58. Recovery of amount of award. 59. Remuneration of arbitrator. 60. Powers of arbitrator.
PART VI.
Compensation to Certain ex-Employees of Licensees Under Merchandise (Existing Carrier's) Licences and Annual Passenger Licences.
61. Merchandise (existing carrier's) licences and annual passenger licences to which Part VI applies. 62. Definitions in relation to Part VI. 63. Compensation to ex-employees of certain licensees. 64. Recovery of compensation under Part VI.
PART VII.
Amendment of Certain Enactments.
65. Definitions in relation to Part VII. 66. Amendment of meaning of expression “passenger road service” in Act of 1932. 67. Extension of duration of passenger licences in force on 31st October, 1933. 68. Commencement and duration of future seasonal passenger licences. 69. Duration of renewals of future seasonal passenger licences. 70. Amendment of conditions of an annual passenger licence during its currency. 71. Revocation of passenger licences. 72. Date of transfer of passenger licences. 73. Evidence. 74. Amendment of the Railways Act, 1924, and the Railways (Miscellaneous) Act, 1932.
Acts Referred to Road Transport Act, 1932 No. 2 of 1932 Railways Act, 1924 No. 29 of 1924 Railways (Amendment) Act, 1929 No. 23 of 1929 Railways (Miscellaneous) Act, 1932 No. 3 of 1932
Number 8 of 1933.
ROAD TRANSPORT ACT, 1933.
AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE REGULATION AND CONTROL OF THE CARRIAGE OF PASSENGERS, MERCHANDISE, AND MAILS BY ROAD. [12th June, 1933.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
PART I. Preliminary and General.
	Short title.	1.—This Act may be cited as the Road Transport Act, 1933.
	Definitions.	2.—In this Act—
	the expression “the Minister” means the Minister for Industry and Commerce;
	the expression “the Act of 1932” means the Road Transport Act, 1932 (No. 2 of 1932);
	the expression “mails” includes mail bags and postal packets (other than telegrams) as defined in the Post Office Act, 1908 ;
	the expression “merchandise” includes goods, wares, minerals and animals, but does not include passenger's luggage or mails;
	the expression “mechanically propelled vehicle” does not include a railway engine or a tramcar or other vehicle running on permanent rails;
	the expression “carriage for reward” does not include the carriage of merchandise supplied to a customer by the owner of the mechanically propelled vehicle in which such merchandise is being carried, if such merchandise is so carried in course of delivery to such customer.
	the expression “merchandise road transport” means the carriage for reward by road in mechanically propelled vehicles or in vehicles drawn by mechanically propelled vehicles of merchandise and includes, so far as they are carried on by means of such vehicles, the services of collection and delivery of merchandise hitherto carried on by railway, canal, and shipping companies, as ancillary or subsidiary to their main undertakings, or by agents on behalf of such companies, but does not include—
	(a) the carriage of merchandise by passenger road services licensed under the Act of 1932, or
	(b) the carriage of mails by or under contract with the Minister for Posts and Telegraphs, or
	(c) the carriage of merchandise by means of any vehicle primarily provided for the carriage of mails where and to the extent to which the carriage of merchandise by means of such vehicle is permitted under the contract made with the Minister for Posts and Telegraphs;
	the expression “authorised (merchandise carrying) company” means a company to which Part III of the Act of 1932 applies and which is entitled by virtue of section 28 of the Act of 1932 to engage in or carry on the business of carrying merchandise by road.
	the expression “authorised (passenger carrying) company” means a company to which Part III of the Act of 1932 applies and which is entitled by virtue of section 28 of the Act of 1932 to engage in or carry on the business of carrying passengers by road;
	the expression “shipping company” means a person carrying on a regular steamer service to or from a port in Saorstát Eireann;
	the expression “vehicle plate” means a plate of that name issued under Part II of this Act;
	the word “lorry” means a mechanically propelled vehicle fitted with a body designed and constructed for the carriage of merchandise;
	the word “tractor” means a mechanically propelled vehicle which—
	(a) is not a lorry, and
	(b) is constructed and designed for the traction of another vehicle;
	the expression “the registration book” in relation to a mechanically propelled vehicle means the registration book for such vehicle issued under the Roads Act, 1920 ;
	the expression “passenger road service” has the same meaning as in the Act of 1932, as amended by this Act;
	the expressions “passenger licence” and “annual passenger licence” have the same meanings respectively as in the Act of 1932;
	the expression “unladen weight” in relation to a mechanically propelled vehicle means the unladen weight specified in the registration book which relates to such vehicle;
	the word “prescribed” means prescribed by regulations made by the Minister under this Act.
	Existing carriers.	3.—(1) Any person who claims that he is a person who carried on an existing merchandise road transport business, within the meaning of this section, or that he is the successor in title to a person who carried on an existing merchandise road transport business may, not later than one month after the date of the passing of this Act, apply to the Minister for the grant of a certificate under this section.
	(2) Every application under this section shall be in writing and shall state fully the facts upon which the applicant claims that he or his predecessor in title is a person who carried on an existing merchandise road...