DPP (Jennings) v Go-Tra-vel Ltd

JurisdictionIreland
Judgment Date01 January 1992
Docket Number[S.C. No. 143 of 1989]
Date01 January 1992
CourtSupreme Court

Supreme Court

[S.C. No. 143 of 1989]
Director of Public Prosecutions v. Go-Travel Ltd.
Director of Public Prosecutions (on the application of Garda Francis Jennings)
Appellant
and
Go-Travel Limited
Respondent

Cases mentioned in this report:—

Attorney General v. Pratt [1942] I.R. 478.

Attorney General (Malone) v. International Express Company (Ireland) Ltd. (Unreported, Supreme Court, 6th March, 1962).

Road traffic - Licence - "Passenger road service" - Single coach journey - Defendant hiring coach and driver from owner - Passengers each paying "contribution" to defendant - Whether defendant providing "passenger road service" - Whether licence necessary - Whether offence - Penal statute - Construction - Road Transport Act, 1932 (No. 2), Part II.

Statute - Construction - Penal statute - "Passenger road service" - Single coach journey - Defendant hiring coach and driver from owner - Passengers each paying "contribution"to defendant - Whether defendant providing "passenger road service" - European Communities (Road Passenger Transport) Regulations, 1977 (S.I. Na 388) - Road Transport Act, 1932 (No. 2), Part II.

Appeal from the High Court.

The facts and relevant statutory provisions have been summarised in the headnote and are set out in the judgment of McCarthy J., infra.

The appellant's appeal from the judgment and order of the High Court (Lardner J.) was heard by the Supreme Court (Hederman, McCarthy and O'Flaherty JJ.) on the 11th February, 1991.

Part II of the Road Transport Act, 1932, deals with passenger road services. Section 7 therein makes it an offence for any person to "carry on a passenger road service save under and in accordance with a passenger licence granted to him" under the Act. By s. 2"'passenger road service' means a service of one or more mechanically propelled vehicles travelling wholly or mainly on public roads and carrying passengers . . . between specified terminal points or along a specified route for separate charges in respect of each passenger." Sections 10 and 12 provides for the manner in which licences may be granted or refused by the Minister and the criteria to be considered therefor and any conditions which may be imposed.

The defendant Go-Travel Ltd., hired a coach and driver from its owner, Greenline Coaches, at arms length for a lump sum for a single journey from Macroom, County Cork, to Dublin and each passenger then paid the defendant an £11 "contribution" for the journey. The defendant was charged in the District Court with carrying on "a passenger road service save under and in accordance with a licence granted" to it under the Act, contrary to s. 7 and was convicted and fined £50. Upon the defendant's appeal by way of case stated to the High Court, Lardner J. determined that the defendant's...

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2 cases
  • Lovett v Gogan
    • Ireland
    • Supreme Court
    • 1 January 1995
    ...was not the owner of the motor vehicle used in provision of a road passenger service. Director of Public Prosecutions v. Go-Travel Ltd. [1992] 2 I.R. 1 distinguished. 2. That on the evidence, the defendants' activities constituted an actual and threatened interference with the plaintiff's c......
  • Lovett Transport v P.S Travel
    • Ireland
    • Supreme Court
    • 11 May 1994
    ...132 |Lovett v. Gogan| Citations: LOVETT V GOGAN UNREP COSTELLO 5.11.87 1988/9/2553 PARSONS V KAVANAGH 1990 ILRM 560 DPP V GO TRAVEL LTD 1991 ILRM 577 ROAD TRANSPORT ACT 1932 S2 ROAD TRANSPORT ACT 1932 S7 ROAD TRANSPORT ACT 1932 S12 ROAD TRANSPORT ACT 1932 S11 MESKELL V CIE 1973 IR 132 MURTA......
1 books & journal articles
  • The Protection of Life During Pregnancy Act 2013
    • United Kingdom
    • Social & Legal Studies No. 25-6, December 2016
    • 1 December 2016
    ...law but merelygives effect to the existing position under the Constitution, as interpreted by theSupreme Court in Attorney General v. X [1992] 2 IR 1, that an abortion is lawful incircumstances where there is a threat to the life of the woman. Abortions in cir-cumstances where the health of......

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