Road Transport Act, 1932

JurisdictionIreland
CitationIR No. 2/1932


Number 2 of 1932.


ROAD TRANSPORT ACT, 1932.


ARRANGEMENT OF SECTIONS

Part I.

Preliminary And General.

Section

1.

Short title.

2.

Definitions.

3.

The appointed day.

4.

Regulations.

5.

Expenses.

6.

Repeals.

Part II.

Passenger Road Services.

7.

Prohibition of unlicensed passenger road service.

8.

Applications for passenger licences.

9.

Classes of passenger licences.

10.

Operation of passenger licences.

11.

Grant of passenger licences.

12.

Attachment of conditions to passenger licences.

13.

Commencement and duration of annual passenger licences.

14.

Application for renewal of annual passenger licences.

15.

Grant of renewals of passenger licences.

16.

Duration of renewal of passenger licences.

17.

Revocation of passenger licences.

18.

Transfer of passenger licences.

19.

Death of licensee under passenger licence.

20.

Fees on the grant etc. of passenger licences.

21.

Use of Saorstát Eireann manufactures and labour.

22.

Accounts and returns by licensees under passenger licences.

23.

Regulation of charges for carriage by passenger road services.

24.

Prohibition of carriage of merchandise and mails by passenger road service.

25.

Amendment of the Public Roads (Ireland) Act, 1911.

Part III.

Engagement Of Certain Companies In Road Transport.

26.

Definitions in this Part of this Act.

27.

Companies to which this Part of this Act applies.

28.

Power to certain companies to engage in road transport.

29.

Power to certain companies to raise money.

30.

Conveyance of mails.

Acts Referred to

Dublin United Tramways (Omnibus Services) Act, 1925

No. 1 (Private) of 1925

Railway (Road Motor Services) Act, 1927

No. 17 of 1927


Number 2 of 1932.


ROAD TRANSPORT ACT, 1932.


AN ACT TO PROVIDE FOR THE REGULATION AND CONTROL OF THE CARRIAGE OF PASSENGERS BY ROAD AND TO CONFER ON CERTAIN COMPANIES AUTHORITY TO CARRY PASSENGERS AND MERCHANDISE BY ROAD AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [28th January, 1932.]

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, 1932.

Definitions.

2.—In this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the word “prescribed” means prescribed by regulations made by the Minister under this Act;

the expression “mechanically propelled vehicle” includes a vehicle drawn by a mechanically propelled vehicle but does not include a railway engine, carriage, or waggon, or a tramcar or any other vehicle running on permanent rails;

the expression “road transport” means the carriage for reward by road in mechanically propelled vehicles of passengers, passengers' luggage, merchandise, and mails, or any of them;

the expression “passenger road service” means a service of one or more mechanically propelled vehicles travelling wholly or mainly on public roads and carrying passengers (whether passengers' luggage, merchandise, and mails, or any of them are or are not also carried) between specified terminal points or along a specified route for separate charges in respect of each passenger;

the expression “continuous passenger road service” means a passenger road service which is carried on during every week of the year but not necessarily on every day of every week;

the expression “seasonal passenger road service” means a passenger road service which is carried on during every week of a specified part only of the year but not necessarily on every day of every such week;

the expression “occasional passenger road service” means a passenger road service which is carried on only on one or more specified occasions;

the word “merchandise” includes goods, wares, minerals, and animals, but does not include passengers' luggage or mails;

the expression “passengers' luggage” means personal luggage accompanied by a passenger;

the word “mails” includes mail bags and postal packets (other than telegrams) as defined in the Post Office Act, 1908;

the word “charges” includes fares, rates, and tolls;

the expression “the appointed day” means the day appointed by the Minister under this Act to be the appointed day for the purposes of this Act.

The appointed day.

3.—The Minister may by order appoint a day, not less than three months nor more than six months after the passing of this Act, to be the appointed day for the purposes of this Act.

Regulations.

4.—The Minister may by order make regulations for all or any of the following purposes, that is to say:—

(a) prescribing any thing which is in this Act referred to as prescribed;

(b) prescribing any thing which the Minister is by this Act authorised to prescribe by regulations made under this Act.

Expenses.

5.—All expenses incurred by the Minister in the execution of this Act shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals.

6.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule.

PART II.

Passenger Road Services.

Prohibition of unlicensed passenger road service.

7.—(1) On and after the appointed day no person shall carry on a passenger road service save under and in accordance with a licence (in this Act referred to as a passenger licence) granted to him under this Act.

(2) Every person who carries on a passenger road service in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds together with, in the case of a continuing offence, a further fine not exceeding five pounds for every day during which the offence continues.

Applications for passenger licences.

8.—(1) Any person may apply to the Minister for a passenger licence authorising him to carry on a specified passenger road service.

(2) Every application under this section for a passenger licence shall be in the prescribed form and be made in the prescribed manner and shall contain the prescribed particulars.

(3) Every person who applies under this section for a passenger licence shall, when required by the Minister so to do, furnish to the Minister all such information as the Minister may require for the consideration of such application.

(4) The Minister may require any statement of fact made in an application for a passenger licence or made to the Minister in response to a request for information under the next preceding sub-section of this section to be verified by the statutory declaration of some person having personal knowledge of the fact so stated.

(5) If any person fails to furnish any information or any verification which he is required by the Minister under this section to furnish, the Minister may, on the ground of such failure and without prejudice to any other power of refusal conferred on him by this Act, refuse the application in relation to which such information or verification was so required.

Classes of passenger licences.

9.—(1) A passenger licence granted in respect of a continuous passenger road service or a seasonal passenger road service is in this Act referred to as an annual passenger licence and a passenger licence granted in respect of an occassional passenger road service is in this Act referred to as an occasional passenger licence.

(2) An annual passenger licence shall be limited to one passenger road service, whether continuous or seasonal.

(3) An occasional passenger licence may extend to one or more occasional passenger road services or to a class of such services.

Operation of passenger licences.

10.—(1) An annual passenger licence shall be granted in respect of the particular passenger road service (either continuous or seasonal) specified in such licence and shall be expressed and shall operate to licence a named person to carry on such passenger road service while such licence or a renewal thereof continues in force, but subject to the provisions of this Act and regulations made thereunder and to the conditions specified in such licence.

(2) An occasional passenger licence shall be granted in respect of one or more particular occasional passenger road services or a particular class of such services specified in such licence and shall be expressed and shall operate to licence a named person to carry on the particular occasional passenger road service or services or class of such services specified therein, but subject to the provisions of this Act and regulations made thereunder and to the conditions specified in such licence.

Grant of passenger licences.

11.—(1) Subject to the provisions of this section, the Minister shall have absolute discretion to grant or to refuse an application for a passenger licence.

(2) In the case of an application duly made in accordance with this Act for an annual passenger licence to commence on the appointed day by a person who carried on an existing service (within the meaning of this section) identical or substantially identical with the passenger road service (in this sub-section referred to as the proposed service) in respect of which such application is made, the Minister shall not refuse such application except upon one or other of the following grounds, that is to say:—

(a) on the ground that in his opinion such existing service was not carried on efficiently with a due regard to the requirements of the public;

(b) on the ground that in his opinion...

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