Road Transport Act 2011

Type Act

Publication 2011-12-02

State In force

Source Irish Statute Book

1. Interpretation.

1.— In this Act—

“certificate of professional competence” means a certificate issued as proof of professional competence in road haulage or passenger transport for the purposes of the EU Road Transport Operators Regulation;

“certified copy of a Community licence” means a copy of a Community licence duly certified by or on behalf of the issuing authority in the Member State concerned to be a true copy of the Community licence;

“Community licence” means a licence issued in accordance with the EU Haulage Regulation or the EU Coach and Bus Services Regulation;

“driver attestation” means an attestation issued in accordance with the EU Haulage Regulation;

“EU Coach and Bus Services Regulation” means Regulation (EC) No. 1073/2009 of the European Parliament and of the Council of 21 October 2009 ^1;

“EU Haulage Regulation” means Regulation (EC) No. 1072/2009 of the European Parliament and of the Council of 21 October 2009 ^2;

“EU Regulations” means the EU Coach and Bus Services Regulation, the EU Haulage Regulation and the EU Road Transport Operators Regulation;

“EU Road Transport Operators Regulation” means Regulation (EC) No. 1071/2009 of the European Parliament and of the Council of 21 October 2009 ^3;

“goods” means any item, material or thing that can be transported by road, whether it has a commercial use or value or not, but does not include a passenger’s luggage or post;

“licensing document” means an operator’s licence, Community licence, certified copy of a Community licence, certificate of professional competence, driver attestation, transport disc or any other ancillary document issued with any of the foregoing;

“Minister” means Minister for Transport, Tourism and Sport;

“occupation of road haulage operator” has the meaning assigned to it by Article 2(1) of the EU Road Transport Operators Regulation, that is to say, the activity of any undertaking transporting goods for hire or reward by means either of motor vehicles or combinations of vehicles;

“occupation of road passenger transport operator” has the meaning assigned to it by Article 2(2) of the EU Road Transport Operators Regulation, that is to say, the activity of any undertaking operating, by means of motor vehicles so constructed and equipped as to be suitable for carrying more than 9 persons, including the driver, and intended for that purpose, passenger transport services for the public or for specific categories of users in return for payment by the person transported or by the transport organiser;

“occupation of road transport operator” has the meaning assigned to it by Article 2(3) of the EU Road Transport Operators Regulation, that is to say, the occupation of road passenger transport operator or the occupation of road haulage operator;

“operator” means, as the case may be, the holder of or applicant for an operator’s licence;

“operator’s licence” has the meaning assigned to it by section 2 of the Road Traffic and Transport Act 2006;

“requirement of good repute” means the requirement of good repute set out in section 2(2) of the Road Traffic and Transport Act 2006 and Article 6 of the EU Road Transport Operators Regulation;

“road passenger transport operator” means any undertaking engaging in the occupation of road passenger transport operator;

“road haulage operator” means any undertaking engaging in the occupation of road haulage operator;

“road transport business” means any business or activity relating to the provision of road haulage or road passenger transport;

“road transport operator” means any undertaking engaging in the occupation of road haulage operator or road passenger transport operator;

“shadow operator”, in relation to an operator’s licence, means a person who is not the operator but who—

(a) by reason of any understanding, arrangement or direction in relation to any profit or gain from the operation of the licence held or applied for enjoys or is entitled to any such profit or gain, or

(b) controls or conducts the activities of such operator under any such licence held or applied for, either directly or indirectly;

“specified position” means, where the operator is—

(a) an individual, his or her transport manager,

(b) a company, a director of the company, its secretary or transport manager,

(d) a cooperative, its secretary, transport manager or any member of its committee of management;

“transport manager” has the meaning assigned to it by Article 2(5) of the EU Road Transport Operators Regulation, that is to say, a natural person employed by an undertaking or, if that undertaking is a natural person, that person or, where provided for, another natural person designated by that undertaking by means of a contract, who effectively and continuously manages the transport activities of that undertaking;

“transport disc” means a transport disc issued under section 4 of the Road Transport Act 1999;

“transport officer” has the meaning assigned to it by section 16;

“undertaking” has the meaning assigned to it by Article 2(4) of the EU Road Transport Operators Regulation, that is to say, 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, engaged in the transport of passengers or any natural or legal person engaged in the transport of freight with a commercial purpose;

“vehicle” means any passenger or goods vehicle, with or without a trailer;

“withdraw or suspend”, in relation to a licensing document, includes—

(a) the withdrawal of the licensing document for the remainder of its duration,

(b) the suspension of the licensing document, or

(c) in the case of an operator’s licence, the suspension of the licence in relation to such vehicles specified on the operator’s licence as the Minister may decide—

(i) for such a period of time that he or she decides, or

(ii) until any conditions or requirements that he or she specifies are met to his or her satisfaction.

2. Obligation on operator to notify Minister of certain convictions.

2.— (1) Where an operator, a person who holds a specified position, a shadow operator, or, in the case of a road passenger transport operator, a driver with that operator, has been or is convicted of—

(a) murder,

(b) manslaughter,

(d) an offence under the Non-Fatal Offences against the Person Act 1997,

(e) an offence under section 2 of the Illegal Immigrants (Trafficking) Act 2000,

F1[(ea) an offence under section 6, 7 or 8 of the Criminal Justice (Smuggling of Persons) Act 2021,]

(f) a sexual offence (within the meaning of section 3 of the Sex Offenders Act 2001),

(g) an offence under the Criminal Justice (Theft and Fraud Offences) Act 2001,

(h) an offence under the Criminal Law (Human Trafficking) Act 2008,

(i) an offence relating to money laundering under Part 2 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010,

(j) an offence under the Firearms Acts 1925 to 2009,

(k) an offence consisting of attempting or conspiring to commit, or aiding, abetting, counselling, soliciting, procuring or inciting the commission of any offence mentioned in paragraphs (a) to (j), or

(l) an offence under the law of another jurisdiction which corresponds to an offence mentioned in paragraphs (a) to (k), where the conduct constituting the offence under the law of that other jurisdiction would, if committed in the State, constitute an offence referred to in any of those paragraphs,

the operator shall notify the Minister in writing of the fact of the conviction—

(i) where the operator is making an application for an operator’s licence, at the time of making an application, or

(ii) where the operator is the holder of an operator’s licence within 3 months of the passing of this Act, of the expiry of the time allowed for appealing such conviction or of the determination or withdrawal of the appeal of such conviction, whichever is the latest.

(2) The notification under subsection (1) shall include details of—

(a) the nature of the offence,

(b) whether the conviction is one of a number of convictions for the same or different offences,

(d) any disqualification or forfeiture imposed on foot of the conviction, and

(e) whether or not the offence was committed in the course of, or connected with, a road transport business.

(3) Where an operator fails to notify the Minister in accordance with subsection (1) or notifies information to the Minister knowing it to be false or misleading, the Minister may determine that the requirement of good repute is no longer satisfied, and where the operator is—

(a) an applicant for an operator’s licence, refuse the application, or

(b) the holder of an operator’s licence, withdraw or suspend that licence.

(4) An operator who fails to notify the Minister in accordance with subsection (1) or who notifies information to the Minister knowing it to be false or misleading commits an offence and is liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or to both.

(5) It is a defence in a prosecution for an offence under subsection (4) for the defendant to show that he or she took all reasonable steps and exercised all due diligence to avoid committing the offence.

3. Obligation to inform operator of certain convictions.

3.— (1) Where—

(a) a person who holds a specified position,

(b) a shadow operator, or

is or has been convicted of an offence specified in section 2(1) he or she shall inform the operator in writing of the fact of the conviction and of the details specified in paragraphs (a) to (e) of section 2(2).

(2) A person who fails to comply with subsection (1) commits an offence and is liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or to both.

4. Minister to consider certain convictions.

4.— (1) In determining whether an operator has satisfied or continues to satisfy the requirement of good repute the Minister may consider whether or not—

(a) the operator,

(b) a person who holds a specified position,

(d) in the case of a road passenger transport operator, a driver with that operator,

has been convicted of an offence specified in section 2 (1).

(2) Where a person to whom subsection (1) relates has been convicted of an offence referred to in that subsection the Minister shall consider—

(a) the nature of the offence,

(b) whether the conviction is one of a number of convictions for the same or different offences,

(d) any disqualification or forfeiture imposed on foot of the conviction, and

(e) whether or not the offence was committed in the course of, or connected with, a road transport business,

and where the Minister determines that it would not be a disproportionate response, the Minister may determine that the requirement of good repute is no longer satisfied and may, where the operator is—

(i) an applicant for an operator’s licence, refuse the application, or

(ii) the holder of an operator’s licence, withdraw or suspend the operator’s licence.

5. Appeal.

5.— (1) Whenever the Minister refuses to grant or proposes to withdraw or suspend a licensing document, he or she shall notify the applicant for, or holder of, the licensing document of his or her refusal or proposal, as the case may be, and of the reasons therefor and shall, if any representations are made in writing to the Minister by such applicant or such holder within 21 days of such notification, consider those representations.

(2) If the Minister after considering any representations made under subsection (1) maintains his or her decision to refuse such licensing document, or decides to withdraw or suspend a licensing document then the Minister shall notify in writing the applicant for, or the holder of, the licensing document of the refusal or decision and such applicant or such holder may within 21 days of such notification appeal to the District Court against such decision.

(3) A decision to suspend or withdraw a licensing document has effect pending an appeal under this section unless the judge of the District Court before whom the appeal is brought directs otherwise.

(4) On the hearing of an appeal under this section, in relation to a refusal to grant a licensing document or a decision of the Minister to withdraw or suspend a licensing document, the District Court may either confirm the refusal or decision or may allow the appeal and, where an appeal is allowed, the Minister shall grant or reinstate the licensing document, as the case may be.

(5) A decision of the District Court on an appeal under this section shall be final save that, by leave of the Court, an appeal from the decision shall lie to the High Court on a specified question of law.

(6) Section 6 of the Road Transport Act 1986 is repealed.

6. Evidence of foreign convictions.

6.— (1) In proceedings under this Act, where the Minister determines that a person has been convicted of an offence referred to in section 2(1), the production to the court of a document that satisfies the condition referred to in subsection (2) and which purports to contain particulars of the conviction in a state, other than the State, of that person for an offence and of the act constituting the offence shall be evidence of the matters stated therein.

(2) The condition mentioned in subsection (1) is that the document concerned purports to be signed or certified by a judge, magistrate or officer of the state referred to in that subsection and to be authenticated by the oath of some witness or by being sealed with the official seal of a minister of state of that state (judicial notice of which shall be taken by the court).

(3) The condition mentioned in subsection (1) shall be regarded as being satisfied without proof of the signature or certification, and the authentication of it, that appears in or on the document.

7. Continued compliance — operator’s licence.

7.— (1) To enable the Minister to satisfy himself or herself that any requirement necessary in order to obtain an operator’s licence is or continues to be satisfied by the applicant for, or holder of, an operator’s licence, the Minister may at any time request in writing the operator to provide or cause to be provided, within a specified period, such information as the Minister thinks fit and may require such information to be given in such form as the Minister may direct.

(2) The Minister may refuse to grant or may withdraw or suspend an operator’s licence where the operator to whom a request has been made under subsection (1) has failed within the period specified by the Minister to duly provide that information, or where the information supplied does not satisfy the Minister that the requirements necessary in order to obtain or hold an operator’s licence are or continue to be satisfied.

(3) An operator’s licence is the property of the Minister and where an operator’s licence is withdrawn or suspended, the operator shall, on request in writing from the Minister, return to the Minister the licence together with such ancillary or other licensing documents issued with the licence that the Minister may specify, and the Minister may retain or amend the licence or other documents as appropriate.

(4) An operator who fails to comply with subsection (3) commits an offence and is liable on summary conviction to a class C fine.

8. Change of details — operator’s licence or application.

8.— (1) Where there is any change in an operator’s details or circumstances that have been provided to the Minister or that would cause the operator to no longer meet the requirements necessary in order to obtain or hold an operator’s licence, the operator shall notify the Minister in writing of that occurrence as soon as possible but in any event not later than one month from that occurrence.

(2) An operator who fails to comply with subsection (1) commits an offence and is liable on summary conviction to a class C fine.

9. Requirement to hold operator’s licence.

9.— (1) Save as is provided for by this Act or otherwise by law a person shall not engage in the occupation of—

(a) road haulage operator, without holding a road haulage operator’s licence, or

(b) road passenger transport operator, without holding a road passenger transport operator’s licence.

(2) The holder of a relevant operator’s licence shall not permit a vehicle to be used—

(a) in relation to the occupation of road haulage operator, or

(b) in relation to the occupation of road passenger transport operator,

save as is provided for by this Act or otherwise unless the vehicle is for the time being authorised on the operator’s licence and there is in the vehicle or on display, as appropriate, a copy of the operator’s licence showing the vehicle to be so authorised, a transport disc, and an appropriate certified copy of a Community licence.

(3) A certificate purporting to be signed by an officer of the Minister and to certify that on a specified day or days, or during the whole of a specified period, a specified person was or was not the holder of an operator’s licence authorising him or her to carry on the occupation of road transport operator with such vehicles as may be specified on the certificate shall without proof of the signature of the person purporting to sign the certificate or that he or she was an officer of the Minister be evidence, until the contrary is shown, of the matters purporting to be certified in and by the certificate.

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.