Road Transport Act 1933

Prohibition of carrying on merchandise road transport business by unlicensed persons.

9

F7 [ 9. (1) ( a ) Subject to paragraph ( b ) of this subsection and to subsection (5) of this section, it shall not be lawful on or after the appointed day for any person in the course of a merchandise road transport business carried on by him to carry merchandise in any area in the State unless the person is the holder of a licence (in this Act referred to as a merchandise licence) granted under this Act authorising him to carry on a merchandise road transport business in that area and the business is carried on under and in accordance with the licence.

( b ) Notwithstanding paragraph ( a ) of this subsection and section 124 of the Transport Act, 1944 , the holder of a merchandise licence may carry on a merchandise road transport business when carrying commodities the carriage of which is not subject to any statutory restriction or limitation under this section, whether or not a vehicle plate is on issue to him in respect of the vehicle in which they are carried.

F8 [ (2) ( a ) Every person who carries merchandise in contravention of this section shall be guilty of an offence under this section and shall be liable

(i) on summary conviction to a fine not exceeding £ 1,000, or

(ii) on conviction on indictment to a fine not exceeding £ 5,000. ]

( b ) Section 1 (1) of the Probation of Offenders Act, 1907, shall not apply to a second or subsequent offence under this section.

( c ) Section 28 of the Transport Act, 1958 , is hereby repealed.

(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 not the holder of a merchandise licence authorising him to carry on a merchandise road transport business shall, without proof of the signature of the person purporting to sign the certificate or that he was an officer of the Minister, be evidence until the contrary is proved of the matters purported to be certified in and by the certificate.

(4) Where a person is proved to have carried merchandise by way of merchandise road transport, the person shall for the purposes of this section be deemed until the contrary is proved to have so carried the merchandise in the course of a merchandise road transport business carried on by him.

(5) The restrictions on the carriage of merchandise imposed by this section shall not apply

( a ) where the carriage is in a vehicle or a combination of vehicles (including a trailer or a semi-trailer) which does not exceed 2.5 metric tons unladen weight or which has a permissible maximum total laden weight of not more than 6 metric tons,

( b ) to the carriage of cattle, sheep or pigs,

( c ) in the period in each year beginning on the 1st day of August and ending on the 30th day of November, to the carriage of newly harvested wheat, oats or barley from a farm to a place of storage, assembly or processing.

(6) For the purposes of subsection (5) ( a ) of this section, 2.5 metric tons unladen weight shall be deemed to be equivalent to 6 metric tons permissible maximum total laden weight. ]

Annotations:

Amendments:

F7

Substituted (16.05.1978) by Road Transport Act 1978 (8/1978), s. 2, commenced on enactment.

F8

Substituted (14.07.1986) by Road Transport Act 1986 (16/1986), s. 14, S.I. No. 240 of 1986.

F9

Repealed by Road Transport Act 1999 (15/1999), s. 23 and sch. 1, not commenced as of date of revision.

Modifications (not altering text):

C13

Prospective affecting provision: section repealed by Road Transport Act 1999 (15/1999), s. 23 and sch. 1, not commenced as of date of revision.

9. F9 [ ]

C14

Application of section restricted (7.03.1974) by European Communities (Road Transport) Regulations 1974 (S.I. No. 57 of 1974), reg. 4.

4. Sections 9 and 34 of the Road Transport Act, 1933 (No. 8 of 1933), shall not apply to the holder of a Community authorisation when he is engaged in merchandise road transport authorised by the authorisation.

C15

Application of section restricted (16.07.1958) by Transport Act 1958 (19/1958), s. 27, commenced on enactment; repealed by Road Transport Act 1999 (15/1999), s. 23 and sch., not commenced as of date of revision.

Carriage of livestock for neighbouring farmers.

27.—(1) Notwithstanding section 9 of the Road Transport Act, 1933 , a person whose only or chief occupation is farming may, without being the holder of a merchandise licence, carry for reward in a vehicle drawn by an agricultural tractor owned by him, and in respect of which a duty of excise at the rate specified in subparagraph (c) of paragraph 4 of Part I of the Schedule to the Finance (Excise Duties) (Vehicles) Act, 1952 , is chargeable, livestock owned by a person resident not more than two miles from the carrier’s residence if the livestock are being carried to or from a farm from or to a livestock auction mart or a place where a market or fair, specified by order made by the Minister under this section, is held, on the day on which such auction, market or fair takes place and they are not being carried in either direction on any part of a public road which is more than twenty miles by public road from the carrier’s residence.

(2) The Minister may, by order, specify markets and fairs for the purposes of this section.

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

C16

Minister empowered to order non-application of section (15.11.1955) by Transport (Miscellaneous Provisions) Act 1955 (21/1955), s. 2, commenced on enactment, as amended (29.07.1958) by Agricultural Produce (Cereals) (Amendment) Act 1958 (24/1958), s.23, commenced on enactment; repealed by Road Transport Act 1999 (15/1999), s. 23 and sch., not commenced as of date of revision.

Carriage of milk and of wheat.

“creamery” means premises registered in the Register of Creameries kept under the Dairy Produce Act, 1924 (No. 58 of 1924);

“cream separating station” means premises registered in the Register of Cream Separating Stations kept under that Act.

(2) Section 9 of the Road Transport Act, 1933 (No. 8 of 1933), (which restricts the carriage of merchandise by unlicensed persons) shall not apply to any one or more of the following—

(a) the carriage of milk to a creamery or a cream separating station,

(b) the carriage of separated milk from a creamery or cream separating station,

(c) the carriage of milk containers to or from a creamery or cream separating station.

(3) The Minister may by order provide that, during a specified period, the said section 9 shall not apply to the carriage of wheat by a person authorised by law to act during a particular season as the agent of the licensee of a mill licensed under section 21 of the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933), where the wheat was purchased by the agent for the licensee [or for An Bord Gráin ] and is carried in a vehicle owned by the agent.

(4) The Minister may by order revoke an order under subsection (3).

C17

Minister empowered to order non-application of section (15.11.1955) by Transport (Miscellaneous Provisions) Act 1955 (21/1955), s. 3, commenced on enactment.

Maintenance of essential supplies.

3.—(1) The Government, if it appears to them to be necessary to do so in the interests of the public safety or the preservation of the State, or for maintaining supplies and services essential to the life of the community, may by order provide that, during a specified period, section 9 of the Road Transport Act, 1933 (which restricts the carriage of merchandise by unlicensed persons), shall not apply to the carriage of a commodity specified in the order.

(2) The Government may by order revoke an order under subsection (1).

C18

Application of section restricted (31.08.1946) by Turf (Suspension of application of section (1) of the Road Transport Act, 1933) Order 1946 (S.I. No. 267 of 1946), reg. 2.

2. Subsection (1) of section 9 (which prohibits the carrying on of merchandise road transport business by unlicensed persons) of the Road Transport Act, 1933 (No. 8 of 1933), in so far as the said subsection applies to the carriage, in the course of a merchandise road transport business, of turf, shall cease to be in force as on and from the 31st day of August, 1946.

C19

Minister empowered to suspend subs. (1) (1.06.1946) by Turf Development Act 1946 (10/1946), s. 71, commenced on enactment.

Suspension of operation of subsection (1) of section 9 of the Road Transport Act, 1933 in relation to the carriage of turf by road

71.—(1) At any time while the suspendable provisions are, whether by virtue of an order made under subsection (2) of this section or otherwise, in force, the Minister may by order (in this section referred to as a suspending order) declare that the suspendable provisions shall cease to be in force, in relation to the carriage of turf by road, as on and from such date as the Minister thinks fit and specifies in the order.

(2) At any time while the suspendable provisions are, by virtue of a suspending order, not in force, the Minister may, by order (in this section referred to as a reviving order), declare that the suspendable provisions shall again come into force, in relation to the carriage of turf by road, as on and from such date (not being earlier than one month after the date on which the reviving order is made) as the Minister thinks fit and specifies in the order.

(3) Whenever and so often as the Minister makes a suspending order, the following provisions shall have effect:—

(a) subject to the operation of a reviving order, the suspendable provisions shall cease to be in force, in relation to the carriage of turf by road, as on and from the date specified in that behalf in the suspending order;

(b) subsections (1) and (2) of section 21 of the Interpretation Act, 1937 (No. 38 of 1937), shall apply to and have effect in relation to such cesser as if such cesser were a repeal by an Act of the Oireachtas passed on the day on which such cesser takes effect and the suspendable provisions were repealed by such Act of the Oireachtas as on and from that day.

(4) Whenever and so often as the Minister makes a reviving order the suspendable provisions shall, as on and from the date specified in that behalf in such reviving order again come into force in relation to the carriage of turf by road, and shall, subject to the operation of a subsequent suspending order, continue in force.

(5) In this section the expression “the suspendable provisions” means subsection (1) of section 9 of the Road Transport Act, 1933 (No. 8 of 1933).

C20

Further exemptions from application of this section are too numerous to list in detail. They are listed below.

• Application of section restricted (16.02.1996) by Road Transport Act, 1978 (Section 5) Order 1996 (S.I. No. 53 of 1996).

• Application of section restricted (4.04.1995) by Road Transport Act, 1978 (Section 5) Order 1995 (S.I. No. 84 of 1995).

• Application of section restricted (11.03.1994) by European Communities (Combined Transport of Goods Between Member States) Regulations 1994 (S.I. No. 60 of 1994).

• Application of section restricted (13.07.1992) by Road Transport Act, 1978 (Section 5) Order 1992 (S.I. No. 191 of 1992).

• Application of section restricted (24.07.1991) by Road Transport Act, 1978 (Section 5) Order 1991 (S.I. No. 201 of 1991).

• Application of section restricted (5.07.1990) by Road Transport Act, 1978 (Section 5) Order 1990 (S.I. No. 180 of 1990).

• Application of section restricted (16.05.1989) by Road Transport Act, 1978 (Section 5) Order 1989 (S.I. No. 144 of 1989).

• Application of section restricted (2.11.1983) by Road Transport Act, 1978 (Section 5) (No. 2) Order 1983 (S.I. No. 332 of 1983), reg. 2.

• Application of section restricted (2.11.1983) by Road Transport Act, 1978 (Section 5) Order 1983 (S.I. No. 331 of 1983), reg. 2.

• Application of section restricted (9.08.1982) by Road Transport Act, 1978 (Section 5) (No. 4) Order 1982 (S.I. No. 269 of 1982), reg. 2.

• Application of section restricted (9.08.1982) by Road Transport Act, 1978 (Section 5) (No. 3) Order 1982 (S.I. No. 268 of 1982), reg. 2.

• Application of section restricted (9.08.1982) by Road Transport Act, 1978 (Section 5) (No. 2) Order 1982 (S.I. No. 267 of 1982), reg. 2.

• Application of section affected (8.03.1982) by Road Transport Act, 1978 (Section 5) Order 1982 (S.I. No. 41 of 1982), reg. 2.

• Application of section restricted (1.08.1980) by European Communities (International Carriage of Goods by Road) Regulations 1980 (S.I. No. 253 of 1980), reg. 5.

• Application of section restricted (29.05.1980) by Road Transport Act, 1978 (Section 5) Order 1980 (S.I. No. 160 of 1980), reg. 2.

Editorial Notes:

E38

Previous affecting provision: application of section restricted (1.06.1994) by European Communities (International Carriage of Goods by Road) Regulations 1994 (S.I. No. 140 of 1994); revoked (4.12.2011) by European Union (International Road Haulage Market) Regulations 2011 (S.I. No. 698 of 2011), reg. 8(a).

E39

Previous affecting provision: application of section restricted (29.06.1979) by European Communities (Combined Road/Rail Carriage of Goods Between Member States) Regulations 1979 (S.I. No. 227 of 1979), reg. 5; revoked (11.03.1994) by European Communities (Combined Transport of Goods Between Member States) Regulations 1994 (S.I. No. 60 of 1994).

E40

Previous affecting provision: power to order exemptions to section provided (16.05.1978) by Road Transport Act 1978 (8/1978), s. 5, commenced on enactment; substituted and removed (30.08.1999) by Road Transport Act 1999 (15/1999), s. 10(1)(a), S.I. No. 264 of 1999, subject to transitional provision in subs. (2).

E41

Previous affecting provision: application of section restricted (1.10.1975) by European Communities (International Carriage of Goods by Road and Rail) Regulations 1975 (S.I. No. 225 of 1975), reg. 5; revoked (11.03.1994) by European Communities (Combined Transport of Goods Between Member States) Regulations 1994 (S.I. No. 60 of 1994).

E42

Previous affecting provision: application of section restricted (22.08.1972 to 31.01.1973) by Carriage of Wheat Order 1972 (S.I. No. 204 of 1972), reg. 2.

E43

Previous affecting provision: application of section restricted (3.08.1971 to 31.08.1972) by Carriage of Wheat Order 1971 (S.I. No. 222 of 1971), reg. 2.

E44

Previous affecting provision: subss. (1) and (3) substituted and amended (21.05.1971) by Road Transport Act 1971 (8/1971), ss. 2, 9 and sch. 1, S.I. No. 166 of 1971; substituted as per F-note above.

E45

Previous affecting provision: application of section restricted (21.05.1971) by Road Transport Act 1971 (8/1971), s. 8(3), S.I. No. 166 of 1971; repealed (31.10.2005) by Road Transport Act 1999 (15/1999), s. 23 and sch., S.I. No. 683 of 2005.

E46

Previous affecting provision: application of section restricted (19.08.1970 to 31.08.1971) by Carriage of Wheat Order 1970 (S.I. No. 188 of 1970), reg. 2.

E47

Previous affecting provision: application of section restricted (19.08.1969 to 31.08.1970) by Carriage of Wheat Order 1969 (S.I. No. 163 of 1969), reg. 2.

E48

Previous affecting provision: application of section restricted (19.08.1968 to to 31.08.1969) by Carriage of Wheat Order 1968 (S.I. No. 174 of 1968), reg. 2.

E49

Previous affecting provision: application of section restricted (1.08.1967 to 31.08.1968) by Carriage of Wheat Order 1967 (S.I. No. 187 of 1967), reg. 2.

E50

Previous affecting provision: application of section restricted (1.08.1966 to 31.08.1967) by Carriage of Wheat Order 1966 (S.I. No. 184 of 1966), reg. 2.

E51

Previous affecting provision: application of section restricted (1.08.1965 to 31.08.1966) by Carriage of Wheat Order 1965 (S.I. No. 164 of 1965), reg. 2.

E52

Previous affecting provision: application of section restricted (23.06.1965 to 29.06.1965) by Carriage of Commodities Order 1965 (S.I. No. 132 of 1965), reg. 2.

E53

Previous affecting provision: application of section restricted (7.08.1964 to 31.08.1965) by Carriage of Wheat Order 1964 (S.I. No. 201 of 1964), reg. 2.

E54

Previous affecting provision: application of section restricted (12.08.1963 to 31.08.1964) by Carriage of Wheat Order 1963 (S.I. No. 154 of 1963), reg. 2.

E55

Previous affecting provision: application of section restricted (1.08.1962 to 31.08.1963) by Carriage of Wheat Order 1962 (S.I. No. 140 of 1962), reg. 2.

E56

Previous affecting provision: application of section restricted (1.08.1961 to 31.08.1962) by Carriage of Wheat Order 1961 (S.I. No. 162 of 1961), reg. 2.

E57

Previous affecting provision: application of section restricted (1.09.1960 to 31.08.1961) by Carriage of Wheat Order 1960 (S.I. No. 172 of 1960), reg. 2.

E58

Previous affecting provision: application of section restricted (1.09.1959 to 31.08.1960) by Carriage of Wheat Order 1959 (S.I. No. 149 of 1959), reg. 2.

E59

Previous affecting provision: application of section restricted (1.09.1958 to 31.08.1959) by Carriage of Wheat Order 1958 (S.I. No. 180 of 1958), reg. 2.

E60

Previous affecting provision: enforcement of section provided (16.07.1958) by Transport Act 1958 (19/1958), s. 28, commenced on enactment; repealed by s. 9(2)(c) as substituted (16.05.1978) by Road Transport Act 1978 (8/1978), s. 2, commenced on enactment.

E61

Previous affecting provision: application of section restricted (1.09.1957 to 31.08.1958) by Carriage of Wheat Order 1957 (S.I. No. 160 of 1957), reg. 2.

E62

Previous affecting provision: application of section restricted (1.09.1956 to 31.08.1957) by Carriage of Wheat (No. 2) Order 1956 (S.I. No. 234 of 1956), reg. 2.

E63

Previous affecting provision: application of section restricted (1.04.1956 to 31.08.1956) by Carriage of Wheat Order 1956 (S.I. No. 84 of 1956), reg. 2.

E64

Previous affecting provision: application of section restricted (1.09.1955 to to 31.03.1956) by Carriage of Wheat Order 1955 (S.I. No. 168 of 1955), reg. 2.

E65

Previous affecting provision: section amended (8.12.1944) by Transport Act 1944 (21/1944), s. 117, commenced on enactment; substituted as per F-note above.

E66

Previous affecting provision: section amended (18.05.1934) by Road Transport Act 1934 (17/1934), s. 9, commenced on enactment; substituted as per F-note above.