Road Transport Act 1935

Restriction on importation of certain mechanically propelled vehicles used for carriage of passengers.

6

6.(1) It shall not be lawful for any person (other than an authorised (passenger carrying) company) to import into Saorstát Eireann on or after the 1st day of July, 1935, any mechanically propelled vehicle which at the time of importation complies with the following conditions (in this section referred to as the statutory conditions), that is to say:—

(a) is constructed or adapted for the carriage of passengers by road and has sitting accommodation for more than six persons excluding the driver, and

(b) is owned by a person who, if an individual, resides outside Saorstát Éireann, or, if a partnership, has its principal place of business outside Saorstát Eireann or, if a company, has its registered office outside Saorstát Éireann, and

(c) is being used for the carriage of passengers, otherwise than under and in accordance with a licence issued under this section.

(2) The Minister may, if he so thinks fit, issue to any person who applies therefor a licence expressed to authorise such person to import into Saorstát Eireann mechanically propelled vehicles which at the time of importation comply with the statutory conditions.

(3) Every licence issued under this section shall operate to authorise the person specified therein to import into Saorstát Eireann mechanically propelled vehicles which at the time of importation comply with the statutory conditions, but subject to the due compliance by such person with the law for the time being in force in relation to the importation of mechanically propelled vehicles and in particular to the payment of the duties of customs (if any) chargeable on such importation.

(4) The Minister may at any time revoke a licence issued under this section.

(5) F3 [ ]

Annotations:

Amendments:

F3

Repealed (24.04.1945) by Customs (Temporary Provisions) Act 1945 (14/1945), s. 13 and sch. 1, commenced on enactment.

Modifications (not altering text):

C5

Application of section restricted (16.05.1978) by Road Transport Act 1978 (8/1978), s. 5(1), commenced on enactment, and as substituted (30.08.1999) by Road Transport Act 1999 (15/1999), s. 10(1)(a), S.I. No. 264 of 1999, subject to saver for subsisting regulations in subs. (2).

5.[(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. ]

...

Editorial Notes:

E3

Power to grant exemption from section exercised (4.04.1995) by Road Transport Act, 1978 (Section 5) Order, 1995 (S.I. No. 84 of 1995), art. 2(a), in effect upon signature.

E4

Previous affecting provision: application of section confirmed and restricted (6.07.1999) by European Communities (Operation of Road Passenger Transport Services by Non-Resident Carriers) Regulations 1999 (S.I. No. 229 of 1999), regs. 4 and 5; revoked (4.12.2011) by European Union (International Market for Coach and Bus Services) Regulations 2011 (S.I. No. 696 of 2011), reg. 10(b).

E5

Previous affecting provision: application of section restricted (10.06.1999) by European Communities (International Carriage of Passengers) Regulations 1999 (S.I. 174 of 1999), reg. 3; revoked (4.12..2011) by European Union (International Market for Coach and Bus Services) Regulations 2011 (S.I. 696 of 2011), reg.10(a).

E6

Previous affecting provision: application of Act restricted (17.11.1992) by European Communities (International Carriage of Passengers) Regulations 1992 (S.I. No. 341 of 1992), reg. 3; revoked (10.06.1999) by European Communities (International Carriage of Passengers) Regulations, 1999 (S.I. No. 174 of 1999), reg. 14.

E7

Previous affecting provision: application of section restricted (10.05.1974) by European Communities (International Carriage of Passengers) Regulations 1974 (S.I. No. 133 of 1974), reg. 2; revoked (17.11.1992) by European Communities (International Carriage of Passengers) Regulations, 1992 (S.I. No. 341 of 1992), reg. 9.