ROAD TRANSPORT ACT 1935


Number 23 of 1935


ROAD TRANSPORT ACT 1935

REVISED

Updated to 30 June 2016


This Revised Act is an administrative consolidation of the Road Transport Act 1935. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, and all statutory instruments up to and including European Union (Cereal Seed) (Amendment) Regulations 2016 (S.I. No. 375 of 2016), made 30 June 2016, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 23 of 1935


ROAD TRANSPORT ACT 1935

REVISED

Updated to 30 June 2016


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Although not included in a collective citation, this Act is one of a group of Acts which deal with the same subject matter:

Road Transport Act 1933 (8/1933)

Road Transport Act 1934 (17/1934)

Road Transport Act 1935 (23/1935)

Transport Act 1944 (21/1944), Part VII

Transport (Miscellaneous Provisions) Act 1955 (21/1955)

Transport (No. 2) Act 1959 (40/1959)

Transport Act 1958 (19/1958)

Road Transport Act 1971 (8/1971)

Road Transport Act 1978 (8/1978)

Road Transport Act 1986 (16/1986)

Road Transport Act 1999 (15/1999)

Road Traffic and Transport Act 2006 (28/2006)

Road Transport Act 2011 (31/2011)

Acts previously included in the group but now repealed are:

Road Transport Act 1932 (2/1932)

Road Transport Act 1956 (13/1956)

The definitions in the Road Transport Act 1933 are applied by the Road Transport Acts 1934 and 1935 (s. 1(2) of each Act). The following Acts are to be construed together as one with the Road Transport Act 1933:

Transport Act 1944 (21/1944), Part VII (s. 111(2))

Road Transport Act 1971 (8/1971) (s. 12(2))

Road Transport Act 1978 (8/1978) (s. 11(2))

Road Transport Act 1986 (16/1986) (s. 22(2))

Road Transport Act 1999 (15/1999) (other than ss. 17, 18 and 21) (s. 25(2))

Road Traffic and Transport Act 2006 (28/2006) (s. 2 only) (s. 2(10))

Road Traffic Act 2011 (31/2011) (s. 23(2))

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1999, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Road Traffic and Transport Act 2006 (28/2006)

Road Transport Act 1999 (15/1999)

Road Transport Act 1986 (16/1986)

Road Transport Act 1978 (8/1978)

Road Transport Act 1971 (8/1971)

Transport Act 1958 (19/1958)

Customs (Temporary Provisions) Act 1945 (14/1945)

Transport Act 1944 (21/1944)

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011)

European Communities (Operation of Road Passenger Transport Services by Non-Resident Carriers) Regulations 1999 (S.I. No. 229 of 1999)

European Communities (International Carriage of Passengers) Regulations 1999 (S.I. No. 174 of 1999)

Road Transport Act. 1978 (Section 5) Order 1996 (S.I. No. 53 of 1996)

Road Transport Act, 1978 (Section 5) (No. 2) Order 1995 (201 of 1995)

Road Transport Act, 1978 (Section 5) Order 1995 (S.I. No. 84 of 1995)

European Communities (International Carriage of Goods by Road) Regulations 1994 (140 of 1994)

European Communities (Combined Transport of Goods Between Member States) Regulations 1994 (60 of 1994)

European Communities (International Carriage of Passengers) Regulations 1992 (S.I. No. 341 of 1992)

Road Transport Act, 1978 (Section 5) Order 1992 (191 of 1992)

Road Transport Act, 1978 (Section 5) Order 1991 (S.I. No. 201 of 1991)

Road Transport Act, 1978 (Section 5) Order 1990 (S.I. No. 180 of 1990)

Road Transport Act, 1978 (Section 5) Order 1989 (S.I. No. 144 of 1989)

Road Transport Act, 1978 (Section 5) Order 1988 (S.I. No. 357 of 1988)

Road Transport Act, 1978 (Section 5) (No. 2) Order 1983 (S.I. No. 332 of 1983)

Road Transport Act, 1978 (Section 5) Order 1983 (S.I. No. 331 of 1983)

Road Transport Act, 1978 (Section 5) (No. 2) Order 1982 (S.I. No. 267 of 1982)

Road Transport Act, 1978 (Section 5) Order 1982 (S.I. No. 41 of 1982)

Road Transport Act, 1978 (Section 5) (No. 3) Order 1981 (S.I. No. 324 of 1981)

Road Transport Act, 1978 (Section 5) (No. 2) Order 1981 (S.I. No. 323 of 1981)

Road Transport Act, 1978 (Section 5) Order 1981 (S.I. No. 152 of 1981)

European Communities (International Carriage of Goods by Road) Regulations 1980 (S.I. No. 253 of 1980)

Road Transport Act, 1978 (Section 5) Order 1980 (160 of 1980)

European Communities (Combined Road/Rail Carriage of Goods Between Member States) Regulations 1979 (S.I. No. 227 of 1979)

European Communities (International Carriage of Goods by Road and Rail) Regulations 1975 (S.I. No. 225 of 1975)

European Communities (International Carriage of Passengers) Regulations 1974 (S.I. No. 133 of 1974)

All statutory instruments up to and including European Union (Cereal Seed) (Amendment) Regulations 2016 (S.I. No. 375 of 2016), made 30 June 2016, were considered in the preparation of this revision.


Number 23 of 1935.


ROAD TRANSPORT ACT 1935.

REVISED

Updated to 30 June 2016


ARRANGEMENT OF SECTIONS


Acts Referred to

Road Transport Act, 1933

No. 8 of 1933

Road Transport Act, 1934

No. 17 of 1934


Number 23 of 1935.


ROAD TRANSPORT ACT 1935.

REVISED

Updated to 30 June 2016


AN ACT TO AMEND THE ROAD TRANSPORT ACT, 1933, AND THE ROAD TRANSPORT ACT, 1934, AND TO CONTROL THE IMPORTATION OF CERTAIN MECHANICALLY PROPELLED VEHICLES WHICH ARE BEING USED FOR THE CARRIAGE OF PASSENGERS OR MERCHANDISE. [20 th June, 1935.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Annotations:

Modifications (not altering text):

C1

Application of Act affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

23

...

...

1935

...

...

Road Transport Act, 1935

...

C2

Application of Act restricted (30.08.1999) by Road Transport Act 1999 (15/1999), s. 3, S.I. No. 264 of 1999.

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.

...

C3

Application of Act extended (14.07.1986) by Road Transport Act 1986 (16/1986), s. 17, as amended (1.08.2008) by Dublin Transport Authority Act 2008 (15/2008), s. 117(1)(b), S.I. No. 291 of 2008.

Prosecution of offences by Minister.

17.[The Road Safety Authority may bring ] and prosecute summary proceedings for an offence under—

(a) ... the Road Transport Act, 1935 ...

...

C4

Application of Act extended (14.07.1986) by Road Transport Act 1986 (16/1986), s. 16(1), as amended (30.08.1999) by Road Transport Act 1999 (15/1999), s. 14, S.I. No. 264 of 1999.

Powers of transport officers.

16.—(1) A transport officer shall for the purposes of—

(a) ... the Road Transport Act, 1935 ...

...

have power to do any or all of the following things—

(i) at any time enter a premises or place if he has reasonable grounds for believing that it 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 ] (in this section referred to as “road transport operations”) or that a vehicle used for that purpose is at the premises or in the place and inspect the vehicle and any documents, records, books or recording equipment kept or used in that vehicle, premises or place, as the case may be, for the purposes of road transport operations,

(ii) at any time inspect a vehicle which is stationary and inspect any documents, records, books, goods or recording equipment being carried in or on the vehicle or by the crew kept or used for the purposes of road transport operations,

(iii) require any person at the premises or in the place or in the vehicle to produce to him any document, book or record kept or used for the purposes of road transport operations which is in the power or control of that person,

(iv) inspect, examine and take copies of or extracts from or take away, if necessary for the purposes of inspection or examination, any document, book or record kept or used for the purposes of road transport operations and require the person by whom such document, book or record is kept or who produced the document, book or record to certify a copy thereof as a true copy.

...

Editorial Notes:

E1

Previous affecting provision: application of Act restricted (21.05.1971) by Road Transport Act 1971 (8/1971), s. 8, 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.

E2

Previous affecting provision: application of Act extended (8.12.1944) by Transport Act 1944 (21/1944), s. 114(6); repealed (31.10.2005) by Road Transport Act 1999 (15/1999), s. 23 and sch., S.I. No. 683 of 2005.