Legalize1. Definitions.
1.—(1)In this Act—
the expression “the Principal Act” means the Road Transport Act, 1933 (No. 8 of 1933);
the expression “duly licensed” means duly licensed in Saorstát Eireann under section 13 of the Finance Act, 1920, as amended by subsequent enactments.
(2)Every word and expression to which a particular meaning is given by the Principal Act for the purposes of that Act has in this Act the meaning so given to it.
2. Carriage for reward.
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3. “Lorry.”
3.—A mechanically propelled vehicle shall be deemed to be a lorry within the meaning of the Principal Act, where the following conditions are complied with, that is to say:—
(a)such vehicle is constructed and designed for the carriage of passengers;
(b)such vehicle has sitting accommodation for not more than six passengers (excluding the driver);
(c)such vehicle is for the time being used for the carriage of newspapers for reward.
4. “Registration Book.”
4.—The definition of the expression “registration book”contained in section 2 of the Principal Act is hereby amended by the insertion therein of the words “or a copy of the registration particulars of such vehicle issued by the authority by which such vehicle was licensed under the Roads Act, 1920”after the words “the Roads Act, 1920” and the Principal Act and this Act shall be construed and have effect with due regard to the extension of the said expression effected by said amendment.
5. Amendment of section 3 of the Principal Act.
5.—The Road Transport (No. 2) Act, 1933 (No. 39 of 1933), is hereby repealed and in lieu thereof it is hereby enacted that sub-section (1) of section 3 of the Principal Act shall be construed and have effect and be deemed always to have had effect as if for the words “one month after the passing of this Act” now contained therein there were inserted the words and figures “the 1st day of April, 1934”.
6. Existing carriers.
6.—Where the ownership of a merchandise road transport business is before the appointed day transferred from a person to whom a certificate under section 3 of the Principal Act has been issued in respect of such business, the person to whom such ownership is transferred shall, notwithstanding anything in sub-section (3) of the said section 3, be deemed to be an existing carrier for the purposes of the Principal Act.
7. Avoidance of order under section 5 of the Principal Act.
7.—Any order made before the passing of this Act under sub-section (1) of section 5 of the Principal Act is hereby declared to be and shall be deemed always to have been void and of no effect, and accordingly an order may be made under the said sub-section (1) at any time after the passing of this Act.
8. Postponement of commencement of certain merchandise licences.
8.—Every merchandise licence granted before the appointed day and expressed to commence on the 1st day of February, 1934, shall, notwithstanding anything contained in section 19 of the Principal Act, or in such licence, commence on the appointed day and shall (unless it previously lapses or is revoked under the Principal Act and subject to any suspension under that Act) continue in force for a period of twelve months from the appointed day and shall then expire unless it is renewed under the Principal Act.
9. Amendment of section 9 of the Principal Act.
9.—Section 9 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—
(a)by the substitution in sub-section (2) of the said section of the word “merchandise” for the words “on a merchandise road transport business” now contained therein;
(b)by the insertion after sub-section (3) of the said section of the following additional sub-section, that is to say:—
10. Amendment of section 12 of the Principal Act.
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11. Variation of standard lorry weights and standard tractor weights.
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12. Fees on application for issue of vehicle plates.
12.—Regulations made under sub-section (6) of section 30 of the Principal Act may prescribe different fees in respect of—
(a)applications for vehicle plates under the said section 30 in cases where the following conditions are complied with, that is to say:—
(i)a vehicle in respect of which a vehicle plate has been issued ceases to be duly licensed, and
(ii)such vehicle plate is on such cesser delivered to a member of the Gárda Síochána at the plate issuing station at which such vehicle plate was issued, and
(iii)an application is duly made under section 30 of the Principal Act within nine months after such delivery for the issue of a vehicle plate in respect of such vehicle; and
(b)applications for vehicle plates under the said section 30 in cases where the said conditions are not complied with.
13. Amendment of section 38 of the Principal Act.
13.—Sub-section (1) of section 38 of the Principal Act is hereby amended by the substitution of the words “after the date on which such licence commenced next following such grant or after such transfer” for the words “after such grant or transfer” now contained therein, and the said sub-section shall be construed and have effect accordingly.
14. Restriction on applications under sub-section (1) of section 51 of the Principal Act.
14.—No application may be sent to the Minister under sub-section (1) of section 51 of the Principal Act during the period of two years commencing at the expiration of one year after the day appointed by order made after the passing of this Act under sub-section (1) of section 5 of the Principal Act to be the appointed day for the purposes of that Act.
15. Short title.
15.—This Act may be cited as the Road Transport Act, 1934.