Road Transport Act, 1999

JurisdictionIreland
CitationIR No. 15/1999


ROAD TRANSPORT ACT, 1999

1999 Number 15

AN ACT TO AMEND AND EXTEND THE LAW IN RELATION TO ROAD TRANSPORT, TO AMEND SECTIONS 12 AND 16 OF THE ROAD TRAFFIC ACT, 1961, TO MAKE PROVISION IN RELATION TO THE CONFERRAL OF ADDITIONAL POWERS ON CRAS IOMPAIR IREANN AND TO PROVIDE FOR RELATED MATTERS.

[23rd June 1999]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

S-1 Interpretation.

1 Interpretation.

(1) In this Act—

"the Act of 1935" means the Road Transport Act, 1935 ;

"the Act of 1978" means the Road Transport Act, 1978 ;

"the Act of 1986" means the Road Transport Act, 1986 ;

"Community licence" means a Community licence for the international carriage of passengers by road for hire or reward (within the meaning of Article 3a (inserted by Council Regulation (EC) No. 11/98 of 11 December 1997(1) ) of Council Regulation (EEC) No. 684/92 of 16 March 1992(2) );

"international road freight carrier's licence" means an international road freight carrier's licence granted under regulations made under section 3 of the European Communities Act, 1972 , that—

(a) entitles the holder to carry on a merchandise road transport business for reward in the State, and

(b) qualifies the holder to carry on a merchandise road transport business for reward outside the State,

with such vehicles as may be specified on the licence;

"international road passenger transport operator's licence" means an international road passenger transport operator's licence granted under regulations made under section 3 of the European Communities Act, 1972 , that—

(a) entitles the holder to carry passengers for reward within the State, and

(b) qualifies the holder to carry passengers for reward outside the State,

with such vehicles as may be specified on the licence;

"the Minister" means the Minister for Public Enterprise;

"national road freight carrier's licence" means a national road freight carrier's licence granted under regulations made under section 3 of the European Communities Act, 1972 , that entitles the holder to carry on a merchandise road transport business for reward in the State with such vehicles as may be specified on the licence;

"national road passenger transport operator's licence" means a national road passenger transport operator's licence granted under regulations made under section 3 of the European Communities Act, 1972 , that entitles the holder to carry passengers for reward within the State with such vehicles as may be specified on the licence;

"the Principal Act" means the Road Transport Act, 1933 ;

"restricted road freight licence" has the meaning assigned to it by section 3 ;

"road freight carrier's licence" means a national road freight carrier's licence or an international road freight carrier's licence;

"road passenger transport operator's licence" means a national road passenger transport operator's licence or an international road passenger transport operator's licence;

"transport disc" means a transport disc issued under section 4 ;

"transport officer" means a transport officer appointed under section 15 of the Act of 1986.

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended;

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;

(c) a reference to an enactment includes a reference to that enactment as amended or extended by or under any subsequent enactment including this Act.

S-2 Duration of licence.

2 Duration of licence.

2.—A road freight carrier's licence or a road passenger transport operator's licence that is granted after the commencement of this section shall be in force for such period stated in the licence being not more than 5 years from the granting thereof, unless the licence is revoked or suspended by the Minister.

S-3 Restricted road freight licences.

3 Restricted road freight licences.

(1) Notwithstanding anything in the Principal Act or the Road Transport Act, 1935 , the Minister may grant, in respect of a vehicle which complies with the conditions specified in section 7(1) of the Road Transport Act, 1935 (as amended by section 29 of the Transport Act, 1958 ), a licence (which shall be known and is in this Act referred to as a "restricted road freight licence") to a person authorising the person to import the vehicle and to use it for the purposes of merchandise road transport in the State, subject to any conditions which the Minister may see fit to impose and specifies in the licence.

(2) The Minister may by order declare that a licence or class of licence (as may be specified in the order) granted by the competent authority of another State, an international organisation or a person or body acting on behalf of such an organisation in pursuance of an act of the European Communities, an international agreement relating to international transport by road to which the Government, the State or the European Communities is or are a party, or an agreement, arrangement or resolution relating to such transport to which the Minister is a party, shall be deemed to be a restricted road freight licence, and any such order made before the coming into operation of this section shall continue in force and be deemed to have been made under this section.

(3) The Minister may by order amend or revoke an order made under this section.

(4) Nothing in this section shall be construed as permitting a person to use a vehicle, in respect of which a restricted road freight licence has been granted, for the delivery in the State of goods which have been loaded onto that vehicle in the State, except where an order made by the Minister under subsection (2) expressly permits such delivery.

(5) A person who is, or is deemed under subsection (2) to be, the holder of a restricted road freight licence in respect of a vehicle, is not required, in respect of that vehicle, to—

(a) hold a road freight carrier's licence, or

(b) obtain a transport disc.

(6) The Minister may at his or her discretion charge a fee of such amount as he or she may determine in respect of a restricted road freight licence or a licence deemed by order under subsection (2) to be a restricted road freight licence.

S-4 Issue of transport discs.

4 Issue of transport discs.

(1) Subject to this section, the Minister shall, on application, issue to the holder of—

(a) a road freight carrier's licence,

(b) a road passenger transport operator's licence, or

(c) a Community licence,

a transport disc in respect of each vehicle to be operated under the licence.

(2) An application for a transport disc shall—

(a) be in such form and contain such information in respect of the applicant and the vehicle to which it relates as the Minister may from time to time determine, and

(b) be accompanied by the appropriate fee prescribed under section 7 .

(3) Subject to subsections (4)(a) and (5), a transport disc—

(a) is valid for a period up to five years from the date in respect of which it is issued, and

(b) shall be made of such material, and shall be of such pattern and show thereon such information and markings as the Minister may from time to time determine.

(4) Where, on application to the Minister in such form and containing such information as the Minister may from time to time determine, accompanied by the appropriate fee prescribed under section 7 , the Minister is satisfied that—

(a) a transport disc issued in respect of a vehicle has been lost or destroyed or is worn or defaced so as to be illegible, the Minister may issue a replacement transport disc to be valid for the remainder of the term of the transport disc that it replaces, or

(b) a vehicle in respect of which a transport disc has been issued is undergoing repairs, the Minister may issue a permit for use in a replacement vehicle during such period not exceeding 21 days as the permit indicates, and in such case the provisions of this Act apply to the replacement vehicle and the permit as if the permit were the transport disc for the vehicle.

(5) Where the holder of a licence adds a vehicle to that licence, the disc issued in respect of the vehicle added shall be valid only until the date of expiration of the licence.

S-5 Prohibitions and general provisions relating to transport discs.

5 Prohibitions and general provisions relating to transport discs.

(1) No person shall operate a vehicle for the carriage—

(a) of passengers under a road passenger transport operator's licence granted, or a Community licence issued, after the commencement of this subsection, or

(b) of merchandise under a road freight carrier's licence,

unless a transport disc has been issued in respect of the vehicle.

(2) Where a transport disc has been issued in respect of a vehicle, no person shall—

(a) operate the vehicle unless the disc is displayed in or on the vehicle in accordance with such instructions as may be issued with the disc by the Minister, in a place that enables the disc to be readily visible and accessible for inspection and does not obscure the vision of the operator of the vehicle while it is being driven, or

(b) operate the vehicle if the disc displayed in or on the vehicle is worn or defaced to the extent that the information and markings required to be shown thereon are illegible.

(3) Where—

(a) a vehicle in respect of which a transport disc has been issued ceases to be used in connection with the operation carried on by the holder of the licence to which the vehicle relates, or

(b) the holder of the licence ceases to be lawfully entitled to carry on the operation to which the licence relates,

the holder shall, if the transport disc is removable from the vehicle, within 30 days, remove it and return it to the Minister.

(4) A person who contravenes any provision of this section shall be guilty of an offence and be liable on summary conviction to a fine not...

To continue reading

Request your trial