Road Transport Act, 1986

• Jurisdiction: Ireland
• Citation: IR No. 16/1986
• Year: 1986

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Number 16 of 1986

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ROAD TRANSPORT ACT 1986

REVISED

Updated to 22 December 2020

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This Revised Act is an administrative consolidation of the Road Transport Act 1986. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Social Welfare Act 2020 (30/2020), enacted 22 December 2020, and all statutory instruments up to and including the European Union (Interbus Agreement) Regulations 2020 (S.I. No. 694 of 2020), made 22 December 2020, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 16 of 1986

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ROAD TRANSPORT ACT 1986

REVISED

Updated to 22 December 2020

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Although not included in a collective citation, this Act is one of a group of Acts which deal with the same subject matter:

• Road Transport Act 1933 (8/1933)

• Road Transport Act 1934 (17/1934)

• Road Transport Act 1935 (23/1935)

• Transport Act 1944 (21/1944), Part VII

• Transport (Miscellaneous Provisions) Act 1955 (21/1955)

• Transport Act 1958 (19/1958)

• Transport (No. 2) Act 1959 (40/1959)

• Road Transport Act 1971 (8/1971)

• Road Transport Act 1978 (8/1978)

• Road Transport Act 1986 (16/1986)

• Road Transport Act 1999 (15/1999)

• Road Traffic and Transport Act 2006 (28/2006)

• Road Transport Act 2011 (31/2011)

Acts previously included in the group but now repealed are:

• Road Transport Act 1932 (2/1932)

• Road Transport Act 1956 (13/1956)

The definitions in the Road Transport Act 1933 are applied by the Road Transport Acts 1934 and 1935 (s. 1(2) of each Act). The following Acts are to be construed together as one with the Road Transport Act 1933:

• Transport Act 1944 (21/1944), Part VII (s. 111(2))

• Road Transport Act 1971 (8/1971) (s. 12(2))

• Road Transport Act 1978 (8/1978) (s. 11(2))

• Road Transport Act 1986 (16/1986) (s. 22(2))

• Road Transport Act 1999 (15/1999) (other than ss. 17, 18 and 21) (s. 25(2))

• Road Traffic and Transport Act 2006 (28/2006) (s. 2 only) (s. 2(10))

• Road Transport Act 2011 (31/2011) (s. 23(2))

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Road Transport Act 2011 (31/2011)

• Dublin Transport Authority Act 2008 (15/2008)

• Road Traffic and Transport Act 2006 (28/2006)

• Road Transport Act 1999 (15/1999)

All Acts up to and including Social Welfare Act 2020 (30/2020), enacted 22 December 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• European Union (Interbus Agreement) Regulations 2020(S.I. No. 694 of 2020)

• Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006)

• Road Transport (International Carriage of Goods by Road) (No. 2) Order 1995 (S.I. No. 85 of 1995)

• Road Transport Acts (Fees) Regulations 1994 (S.I. No. 141 of 1994)

• European Communities (International Carriage of Goods by Road) Regulations 1994 (S.I. No. 140 of 1994)

• Road Transport Acts (Fees) Regulations 1988 (S.I. No. 193 of 1988)

• Road Transport Act, 1986 (Appeals) Regulations 1987 (S.I. No. 233 of 1987)

• Road Transport Act, 1986 (Commencement) (No. 3) Order 1986 (S.I. No. 454 of 1986)

• Road Transport Act, 1986 (Commencement) (No. 2) Order 1986 (S.I. No. 313 of 1986)

• Road Transport Acts (Fees) Regulations 1986 (S.I. No. 312 of 1986)

• Road Transport Act, 1986 (Commencement) Order 1986 (S.I. No. 240 of 1986)

All statutory instruments up to and including European Union (Interbus Agreement) Regulations 2020 (S.I. No. 694 of 2020), made 22 December 2020, were considered in the preparation of this revision.

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Number 16 of 1986

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ROAD TRANSPORT ACT 1986

REVISED

Updated to 22 December 2020

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ARRANGEMENT OF SECTIONS

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Acts Referred to
European Communities Act, 1972	1972, No. 27
Hire-Purchase Acts, 1946 to 1980
Road Transport Act, 1932	1932, No. 2
Road Transport Act, 1933	1933, No. 8
Road Transport Act, 1934	1934, No. 17
Road Transport Act, 1935	1935, No. 23
Road Transport Act, 1956	1956, No. 13
Road Transport Act, 1971	1971, No. 8
Road Transport Act, 1978	1978, No. 8
Transport Act, 1944	1944, No. 21
Transport Act, 1958	1958, No. 19

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Number 16 of 1986

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ROAD TRANSPORT ACT 1986

REVISED

Updated to 22 December 2020

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AN ACT TO AMEND AND EXTEND THE ROAD TRANSPORT ACT, 1933, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID AND FOR THE APPLICATION AND ADAPTATION OF CERTAIN ENACTMENTS AND CERTAIN INSTRUMENTS MADE UNDER ENACTMENTS. [12th June, 1986]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1

Interpretation of terms modified (4.10.2006) by Road Traffic and Transport Act 2006 (28/2006), s. 2(8), commenced on enactment.

Road haulage and road passenger transport operator’s licences.

2.— ...

(8) In the Act of 1986 ... a reference to—

(a) an international road freight carrier’s licence is to be read as a reference to an international road haulage operator’s licence,

(b) a national road freight carrier’s licence is to be read as a reference to a national road haulage operator’s licence, and

(c) a road freight carrier’s licence is to be read as a reference to a road haulage operator’s licence.

Interpretation.

1

1.—(1) In this Act—

“the Act of 1978” means the Road Transport Act, 1978;

“carrier's licence” means either a national road freight carrier's licence or an international road freight carrier's licence;

“existing merchandise licence” means a merchandise licence which was in force at any time in the period of two years ending on the day on which section 3 of this Act comes into operation and which has not expired or been revoked;

“existing restricted road freight licence” means a restricted road freight licence which is in force on the day on which section 3 of this Act comes into operation;

F1[…]

“the Minister” means the Minister for Communications;

F1[…]

“the Principal Act” means the Road Transport Act, 1933;

“transport officer” means a transport officer appointed under section 15 of this Act.

(2) For the purposes of the Principal Act, as amended by this Act, a national road freight carrier's licence and an international road freight carrier's licence shall each be deemed to be a merchandise licence under that Act.

Annotations

Amendments:

F1

Deleted (30.08.1999) by Road Transport Act 1999 (15/1999), s. 14(1), S.I. No. 264 of 1999.

Applications for merchandise licences.

2

2.—The following subsection is hereby substituted for subsection (1) of section 11 of the Principal Act:

“(1) The following provisions shall have effect in relation to applications for merchandise licences:

(a) every application shall be in the prescribed form, and shall be made to the Minister in the prescribed manner;

(b) every application shall state—

(i) whether it is for a national road freight carrier's licence under the Road Transport Act, 1986, or for an international road freight carrier's licence under that Act;

(ii) the registration number of each registered and taxed vehicle to be authorised under the licence being applied for;

(iii) the vehicle plate issuing station at which the applicant, in the event of his application being granted, desires that vehicle plates should be available for issue to him;

(c) every application shall contain such information as will satisfy the Minister that the applicant complies with the requirements as to good repute, sound financial standing and professional competence referred to or specified in regulations under the European Communities Act, 1972.”.

Grant of carrier's licences.

3

3.—F2[…]

Annotations

Amendments:

F2

Repealed (31.10.2005) by Road Transport Act 1999 (15/1999), s. 23 and sch., S.I. No. 683 of 2005, subject to...