ROAD TRANSPORT ACT, 1999

Type Act
Publication 1999-06-23
Last updated 2019-05-28
State Partially repealed
Text Latest available text
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articles 25

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

6 amending acts · 2019-05-28, revised-IE-1999-act-15@2019-05-28

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 Córas Iompair Éireann and to provide for related matters

Reform history JSON API

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 CÓRAS IOMPAIR ÉIREANN AND TO PROVIDE FOR RELATED MATTERS. [23rd June, 1999]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1. Interpretation.

1.—(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;

F1[ ‘Community licence’ means a Community licence—

F2[ ‘international road haulage operator’s licence’ means an international road haulage operator’s licence granted under section 2 of the Road Traffic and Transport Act 2006;

‘international road passenger transport operator’s licence’ means an international road passenger transport operator’s licence granted under section 2 of the Road Traffic and Transport Act 2006;

‘Minister’ means Minister for Transport;

‘national road haulage operator’s licence’ means a national road haulage operator’s licence granted under section 2 of the Road Traffic and Transport Act 2006;

‘national road passenger transport operator’s licence’ means a national road passenger transport operator’s licence granted under section 2 of the Road Traffic and Transport Act 2006;]

“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. 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.

3. Restricted road freight licences.

3.—(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.

4. Issue of transport discs.

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

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

5. Prohibitions and general provisions relating to transport discs.

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

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

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

shall, without proof of the signature or that the person who signed was such officer or Superintendent, be received in evidence in any proceedings under this Act and shall, in the absence of evidence to the contrary, be proof of the facts stated in the certificate.

6. Offences relating to transport discs.

6.—If any transport disc issued in respect of a particular vehicle is affixed to any other vehicle, the owner of the first-mentioned vehicle and also the owner of the other vehicle (if he or she is not the same person as the owner of such first-mentioned vehicle) shall each be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

7. Regulations relating to transport discs.

7.—(1) The Minister may by regulations prescribe the fee to be paid on an application for a transport disc. and may prescribe different fees in respect of different kinds or categories of transport discs, whether as fixed amounts or amounts determined by reference to the type of vehicles to be operated under the licence or by reference to such other matters as the Minister considers are relevant in connection with the charging of such fees.

8. Application of provisions relating to transport discs and vehicle plates.

8.—Except where the contrary intention appears, the provisions of the Principal Act that apply in respect of—

9. Prohibition relating to the use of unlicensed persons for the carriage of merchandise.

9.—Section 36 of the Principal Act is hereby amended by the substitution of the following subsections for subsection (1):

  • “(1) No person shall engage or use the services of any undertaking for the carriage by road for reward of merchandise in a vehicle unless—

    • (a) the undertaking is the holder of a road freight carrier’s licence, or

    • (b) the carriage is one in respect of which a road freight carrier’s licence is not required by law.

  • (1A) In subsection (1) ‘undertaking’ means any natural person, any legal person, whether profit-making or not, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such personality.”.

10. Amendment of section 5 of Road Transport Act, 1978.

10.—(1) Section 5 of the Road Transport Act, 1978, is hereby amended—

  • “(1) Where an act of the European Communities relating to international transport by road, an international agreement relating to such transport to which the Government, the State or the European Communities is a party, or an agreement, arrangement or resolution relating to such transport to which the Minister is a party so requires, the Minister may by order exempt any specified class of vehicle or any specified class of such transport from section 7 of the Road Transport Act, 1932, sections 6 and 7 of the Road Transport Act, 1935, or any provision of—

    • (a) any Act, or

    • (b) any regulations made under the European Communities Act, 1972,

    providing for the licensing of road freight carriers or road passenger transport operators or the issuing of transport discs.”,

and

  • “(3) Road passenger vehicles which are permitted to be imported into the State under an agreement referred to in subsection (1) of this section that is in force on the day on which this subsection comes into operation shall be deemed to have been exempted from the provisions of section 4 of the Road Transport Act, 1999, by an order made under subsection (1) of this section.”.

11. Parking and operating space for vehicles to be provided by licence holder.

11.—(1) The holder of a road freight carrier’s licence or a road passenger transport operator’s licence shall, as a condition of the licence, ensure that adequate parking spaces and operating premises are provided in the State for the vehicles being operated or intended to be operated under the licence.

12. Licensing document offences.

12.—(1) A person who—

shall be guilty of an offence and be liable on summary conviction to a fine not exceeding £1,500.

13. Arrest without warrant.

13.—(1) Where a member of the Garda Síochána alleges to a person that the member suspects that such person has committed or is committing an offence resulting from a contravention of—

the member may require of such person his or her name and address, and if such person gives an address outside the State, the member may require the person to give to the member an address within the State, which is satisfactory to the member, for the service of any summons, and may, if such person—

arrest such person without warrant.

such person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.

14. Amendment of Road Transport Act, 1986.

14.—(1) Section 1(1) of the Act of 1986 is hereby amended by the deletion of the definitions of “international road freight carrier’s licence” and “national road freight carrier’s licence”.

  • “(4) A transport officer shall not, other than with the consent of the occupier, enter such part of a premises used as a private dwelling unless he has obtained a warrant from the District Court under section 16A of this Act authorising such entry.

  • (5) Where a transport officer in exercise of his powers under this section is prevented from entering any premises or place an application may be made under section 16A of this Act for a warrant authorising such entry.”

15. Search warrants.

15.—The following section is hereby inserted after section 16 of the Act of 1986:

“16A.—If a judge of the District Court is satisfied on the sworn information of a transport officer that there are reasonable grounds for believing that—

  • (a) a premises or place is used for a purpose connected with road transport, including the engagement or use by a person in the premises or place of the services of an undertaking for the carriage by road for reward of merchandise in a vehicle,

  • (b) a vehicle used for that purpose is at the premises or in the place,

  • (c) there is information or material relating to road transport required by the transport officer for examination held in any premises or place or part of any premises or place, or

  • (d) an offence in connection with road transport has been or is being committed therein,

the judge may issue a warrant authorising a transport officer, accompanied by other transport officers or members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production if so required of the warrant, to enter, if need be by reasonable force, the premises or place, and exercise all or any of the powers conferred on a transport officer under section 16 of this Act.”.

16. Payment, in lieu of prosecution, to a Member of the Garda Síochána or a transport officer.

16.—F4[…]

17. Amendment of Road Traffic Act, 1961.

17.—(1) Section 12 of the Road Traffic Act, 1961, is hereby amended by the insertion of the following subsections after subsection (4):

  • “(4A) Where a person contravenes subsection (3)(b) of this section and the load or loads were consigned to such person by one consignor alone, that consignor shall be guilty of an offence.

  • (4B) In a prosecution under subsection (4A) of this section it shall be a good defence for the consignor to prove—

    • (a) that it was not practicable for the consignor to estimate the laden weight of the vehicle or combination of vehicles, or

    • (b) that an estimate of the laden weight of the vehicle or combination of vehicles carried out by the consignor prior to the dispatch of the goods indicated that the weight of the vehicle or combination of vehicles did not exceed the maximum weight laden specified by a regulation under this section applying in relation to the vehicle or combination of vehicles.

  • (4C) In this section ‘consignor’ means a person who engages the services of another person for the carriage by road of merchandise in a vehicle or combination of vehicles.”.

18. Continuance of orders made under section 14 of Transport Act, 1950.

18.—(1) Notwithstanding the repeal of section 14 of the Transport Act, 1950, by the Act of 1986, any order under the said section 14 that was in force immediately before the passing of the Act of 1986 shall continue in force, and shall be deemed always to have continued in force, on and after such passing as if made under section 25 of the Act of 1986 and may be amended or revoked accordingly, and anything purporting to have been done under any such order shall have effect accordingly.

19. Amendment of certain superannuation schemes by Córas lompair Éireann.

19.—(1) The Board may prepare and submit to the Minister a scheme (in this section called a “special amending scheme”) which—

or

TABLE

Subsection (1).

Part I

Córas Iompair Éireann Salaried Officers’ and Clerks’ (G.S.R.) Superannuation Scheme.
A scheme made under rule 54 of the Scheme aforesaid.
A scheme made under section 44 of the Transport Act, 1944 (No. 21 of 1944) and confirmed under section 45 of that Act.
A scheme made under section 44 of the Transport Act, 1950 (No. 12 of 1950) or referred to in section 45 of that Act or made under a power contained in such a scheme.
A scheme made under a power conferred under section 25 of the Transport (Re-organisation of Córas Iompair Éireann) Act, 1986 (No. 31 of 1986).

Part II

Subsection (5).

Great Northern Railway Company (Ireland) Pension Fund for Wages Staff (Amendment) Scheme (Confirmation) Order, 1995 (S.I. No. 317 of 1995).
Great Southern Railway Company Pension Scheme for Regular Wages Staff (Amendment) Scheme (Confirmation) Order, 1995 (S.I. No. 318 of 1995).
Córas Iompair Éireann Pension Scheme for Regular Wages Staff (Amendment) Scheme (Confirmation) Order, 1996 (S.I. No. 115 of 1996).

20. Continuance of carrier’s licence granted under section 3 of Act of 1986.

20.—A carrier’s licence granted under section 3 of the Act of 1986 (repealed by this Act) which is in force immediately before the repeal of this section shall continue in force for the period stated in the licence and be deemed to have been granted under any regulations in force and made under section 3 of the European Communities Act, 1972, under which a licence granted—

with such vehicles as may be specified in the licence.

21. Amendment of section 9 of Carriage of Dangerous Goods by Road Act, 1998.

21.—Section 9 of the Carriage of Dangerous Goods by Road Act, 1998, is hereby amended by—

  • “(1) Where a member of the Garda Síochána alleges to a person that the member suspects that such person has committed or is committing an offence resulting from a contravention of this Act or regulations made under section 17 in connection with the operation on a public road of transport equipment, the member may require of such person his or her name and address, and if such person gives an address outside the State, the member may require the person to give to the member an address within the State, which is satisfactory to the member, for the service of any summons, and may, if such person—

    • (a) fails to give his or her name and address,

    • (b) gives a name or address which the member has reasonable grounds for believing is false or misleading, or

    • (c) having an address outside the State, fails to give an address within the State or gives such an address which the member has reason to doubt is satisfactory for the service of a summons,

    arrest such person without warrant.”,

  • “(3) Where a person—

    • (a) when his or her name is required of him or her under subsection (1), refuses or fails to give his or her name and address or gives a name or address which is false or misleading, or

    • (b) having an address outside the State, when required under subsection (1) to give an address in the State, gives an address which is false or misleading.

    such person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500.”.

22. Expenses.

22.—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.

23. Repeals.

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

24. Commencement.

24.—(1) This Act shall come into operation on such day or days as may be fixed by order or orders of the Minister, either generally or with reference to a particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.

25. Short title and construction.

25.—(1) This Act may be cited as the Road Transport Act, 1999.

SCHEDULE

Section 23.

Number and Year Short Title Extent of Repeal
(1) (2) (3)
No. 8 of 1933 Road Transport Act, 1933 Sections 3, 9 to 14, 17, 23, 24, 26, 28, 30, 31(3), 32, 33, 34 and 37 and Parts V and VI
No. 21 of 1944 Transport Act, 1944 Sections 112, 114, 118 to 121 and 124
No. 21 of 1955 Transport (Miscellaneous Provisions) Act, 1955 Section 2
No. 19 of 1958 Transport Act, 1958 Sections 26 and 27
No. 8 of 1971 Road Transport Act, 1971 Sections 4, 7 and 8
No. 8 of 1978 Road Transport Act, 1978 Sections 7 and 8
No. 16 of 1986 Road Transport Act, 1986 Sections 3, 6, 7, 10, 11 and 12

Footnotes

4

OJ No. L 300, 14.11.2009, p.72

5

OJ No. L 300, 14.11.2009, p.88

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