Road Transport Act , 1971

1. Definitions.

1.—In this Act—

“the Minister” means the Minister for Transport and Power;

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

2. Amendment of section 9 of Principal Act.

2.—Section 9 of the Principal Act is hereby amended—

(i)by the substitution for subsection (1) of the following subsection:

(ii)by the insertion after subsection (4) (inserted by the Road Transport Act, 1934) of the following subsection:

3. Amendment of section 14 of Principal Act, and consequential provisions relating to merchandise licences.

3.—(1)Section 14 of the Principal Act, which relates to the operation of merchandise licences, is hereby amended—

(a)by the substitution in subsection (1) of the following paragraph for paragraph (a):

(b)by the substitution in subsection (1) of the following paragraph for paragraph (c):

(c)by the substitution of the following subsection for subsection (2):

(d)by the insertion after subsection (3) of the following subsections:

(2)On the commencement of this Act, the Minister shall grant, in accordance with the Principal Act (as amended by this Act), a merchandise licence in substitution for every merchandise licence which was in force immediately before such commencement and a licence so granted shall be deemed to have been granted in pursuance of an application under section 11 of the Principal Act.

(3)Every licence granted by virtue of subsection (2) of this section shall be deemed to have been granted in pursuance of the application under the Principal Act for the licence in substitution for which the first-mentioned licence is granted.

(4)Where by virtue of subsection (2) of this section a licence is granted to a person in substitution for a licence, the last-mentioned licence shall thereupon stand revoked.

(5)In so far as they relate to the number of vehicles which may be operated under a merchandise licence, subsections (1) and (4) of section 14 of the Principal Act as amended by this Act shall not apply in relation to a merchandise licence on issue to an authorised (merchandise carrying) company.

4. Transitional provision relating to certain merchandise licences.

4.—F1[…]

5. Duration of merchandise licences.

5.—F2[…]

6. Register of merchandise licences.

6.—(1) The Minister shall cause to be established and kept a register of all merchandise licences granted on or after the commencement of this Act, and such register shall be in such form and contain such particulars as the Minister shall from time to time direct.

(2) The said register shall at all reasonable times be open to inspection by any person on payment of a fee of such amount as shall from time to time be prescribed by the Minister with the sanction of the Minister for Finance.

(3) Any person shall be entitled to obtain from the Minister a copy of any entry in the said register on payment therefor of a fee of such amount as shall from time to time be prescribed by the Minister with the sanction of the Minister for Finance.

(4) Every fee payable under this section shall be collected and accounted for in such manner as shall be prescribed by the Minister with the sanction of the Minister for Finance.

(5) Every document purporting to be a copy of an entry in the said register, and purporting to be certified by an officer of the Minister to be a true copy of such entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of such entry and to be evidence of the terms of such entry.

7. Licence granted to Wexford Steamships Company Limited.

7.—F4[…]

8. Licensing of international road haulage in the State.

8.—F5[…]

9. Repeals.

9.—Each enactment specified in column (2) of the Schedule to this Act is hereby repealed to the extent specified in column (3) of the Schedule.

10. Expenses.

10.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

11. Commencement.

11.—This Act shall come into operation on such day as the Minister shall appoint by order.

12. Short title and construction.

12.—(1)This Act may be cited as the Road Transport Act, 1971.

(2)The Principal Act and this Act shall be construed together as one Act.