Road Transport Act 1935

Restriction on importation of certain lorries and tractors used for the carriage of merchandise.

7

7. (1) It shall not be lawful for any person (other than an authorised (merchandise carrying) company) to import into Saorstát Eireann on or after the 1st day of July, 1935, any lorry or tractor 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 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 Eireann.

( b) F4 [ ]

(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 lorries and tractors 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 lorries and tractors 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 lorries and tractors 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) F5 [ ]

Annotations:

Amendments:

F4

Deleted (16/07/1958) by Transport Act 1958 (19/1958), s. 29, commenced on enactment.

F5

Repealed (24.04.1945) by Customs (Temporary Provisions) Act 1945 (14/1945), s. 13 and sch. 1, commenced on enactment.

Modifications (not altering text):

C6

Application of section restricted (16.02.1996) by Road Transport Act, 1978 (Section 5) Order 1996 (S.I. No. 53 of 1996), reg. 2 and sch.

2. The classes of transport which are set out in the Schedule to this Order (being the classes of transport specified in Article 6 of the Agreement done at Prague on the 14 day of November, 1995, between the Government and the Government of the Czech Republic on the international carriage of goods by road) are hereby exempted from the provisions of ... section 7 of the Road Transport Act, 1935 (No. 23 of 1935) (as amended or extended).

C7

Application of section restricted (13.07.1995) by Road Transport Act, 1978 (Section 5) (No. 2) Order 1995 (S.I. No. 201 of 1995), reg. 2.

2. The classes of international transport specified in Articles 5 and 6 of the agreement done at Vienna on the 8th day of June, 1995, on behalf of the Government and the Government of the Republic of Latvia on the international carriage of passengers and goods by road are hereby exempted— ...

(b) in the case of goods, from the provisions of ... section 7 of the Road Transport Act, 1935 (No. 23 of 1935) (as amended or extended).

C8

Application of section restricted (4.04.1995) by Road Transport Act, 1978 (Section 5) Order 1995 (S.I. No. 84 of 1995), reg. 2(b) and sch.

2. The classes of transport which are set out in the Schedule to this Order (being the classes of international transport specified in Articles 4 and 6 of the Agreement done at Dublin on the 9th day of December, 1994, on behalf of the Government and the Government of the Russian Federation on the international carriage of passengers and goods by road) are hereby exempted. ...

(b) in the case of goods from the provisions of ... section 7 of the Road Transport Act, 1935 (No. 23 of 1935) (as amended or extended).

C9

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), reg. 3.

3. Notwithstanding anything in section 7 (as amended by section 29 of the Transport Act, 1958 (No. 19 of 1958)) of the Road Transport Act, 1935 (No. 23 of 1935) or in section 8 (inserted by section 8 of the Road Transport Act, 1986 (No. 16 of 1986)) of the Road Transport Act 1971 (No. 8 of 1971), a licence under the said section 7 nor a restricted road freight licence under this said section 8 shall be required in respect of the carrying out in the State by a haulier of the initial or final road haulage legs of a combined transport operation between Member States where such legs are an integral part of the combined transport operation and whether or not they include the crossing of a frontier.

C10

Application of section restricted (13.07.1992) by Road Transport Act, 1978 (Section 5) Order 1992 (S.I. No. 191 of 1992), reg. 2 and sch.

2. The classes of transport which are set out in the Schedule to this Order (being the classes of international transport specified in Article 9 of the Agreement done at Budapest on the 29th day of June, 1992, on behalf of the Government and the Government of the Republic of Hungary on the international carriage of goods by road) are hereby exempted from the provisions of ... section 7 of the Road Transport Act, 1935 (No. 23 of 1935) (as amended or extended).

C11

Application of section restricted (24.07.1991) by Road Transport Act, 1978 (Section 5) Order 1991 (S.I. No. 201 of 1991), reg. 2 and sch.

2. The classes of transport which are set out in the Schedule to this Order (being the classes of international transport specified in Article 5 of the agreement done at Dublin on the 28th day of June, 1990, on behalf of the Government and the Government of Spain on the international carriage of goods by road) are hereby exempted from the provisions of ... section 7 of the Road Transport Act, 1935 (No. 23 of 1935) as amended or extended).

C12

Application of section restricted (5.07.1990) by Road Transport Act, 1978 (Section 5) Order 1990 (S.I. No. 180 of 1990), reg. 2.

2. (1) The class of vehicle specified in paragraph (2) of this Article is hereby exempted from the provisions of ... section 7 of the Road Transport Act, 1935 (No. 23 of 1935), as amended.

...

C13

Application of section restricted (16.05.1989) by Road Transport Act, 1978 (Section 5) Order 1989 (S.I. No. 144 of 1989), reg. 2.

2. The classes of international transport which are set out in the Schedule to this Order (being the classes of international transport specified in Article 6 of the Agreement done at Dublin on the 8th day of June, 1988, on behalf of the Government and the Federal Executive Council of the Assembly of the Socialist Federal Republic of Yugoslavia on the international carriage of goods by road) are hereby exempted from the provisions of ... section 7 of the Road Transport Act, 1935 (No. 23 of 1935) (as amended or extended).

C14

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.

2. The following class of vehicle, namely, vehicles being operated by carriers established in the Grand Duchy of Luxembourg and imported temporarily empty or laden into the State for the purpose of the carriage of goods in accordance with Article 3 of the arrangement made on the 8th day of June, 1983, between the Minister for Transport and the Minister of Transport of the Grand Duchy of Luxembourg on the international carriage of goods by road (being an international arrangement relating to international transport by road), is hereby exempted from the provisions of ... section 7 of the Road Transport Act, 1935 (as amended and extended).

C15

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

2. The following class of vehicle, namely, vehicles being operated by a carrier established in the Kingdom of the Netherlands and engaged in transport operations referred to in Article 3 of the agreement made on the 30th day of May, 1983, between the Government and the Government of the Kingdom of the Netherlands on the international carriage of goods by road (being an international agreement relating to international transport by road), is hereby exempted from the provisions of ... section 7 of the Road Transport Act, 1935 (as amended and extended).

C16

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 and sch.

2. The classes of international transport by road which are specified in paragraphs (a) to (p) of Article 4 of the agreement made on the 15th day of September, 1981, between the Government and the Government of the Kingdom of Norway on the international carriage of goods by road (being an international agreement relating to international transport by road), and which are set out in the Schedule to this Order, are hereby exempted from the provisions of section 7 of the Road Transport Act, 1935 (as amended or extended)...

C17

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

2. The following classes of international transport by road, namely—

(a) those specified in paragraph (d) (which is set out in Part I of the Schedule to this Order) of Article 5 of the agreement made on the 15th day of July, 1981, between the Government and the Government of the Hellenic Republic on the international carriage of goods by road (being an international agreement relating to international transport by road), and

(b) such of those specified in Article 2 of the said agreement as are comprised in paragraphs 2 to 6 (which are set out in Part II of the Schedule to this Order) of Annex II to the First Council Directive on the establishment of common rules for certain types of carriage of goods by road between Member States of 23 July, 1962(1), as amended by Council Directive No. 72/426/EEC of 19 December, 1972(2), Council Directive No. 74/149/EEC of 4 March, 1974(3), Council Directive No. 77/158/EEC of 14 February, 1977(4), Council Directive No. 78/175/EEC of 20 February, 1978(5), and Council Directive No. 80/49/EEC of 20 December, 1979(6),

are hereby exempted from the provisions of sections 9 and 34 of the Road Transport Act, 1933 (No. 8 of 1933), as amended or extended, and section 7 of the Road Transport Act, 1935 (No. 23 of 1935), as amended or extended.

(1) O.J. No. 70, 6 August 1962, p. 2005. (2) O.J. No. L291, 28 December 1972. p. 155. (3) O.J. No. L84, 28 March 1974, p. 8. (4) O.J. No. L48, 19 February 1977, p. 30. (5) O.J. No. L54, 25 February 1978, p. 18. (6) O.J. No. L18, 24 January 1980, p. 23.

C18

Application of section restricted (11.09.1981) by Road Transport Act, 1978 (Section 5) (No. 3) Order 1981, (S.I. No. 324 of 1981), reg. 2 and sch.

2. The classes of international transport by road which are specified in paragraphs (a) to (p) of Article 4 of the agreement made on the 19th day of May, 1981, between the Government and the Government of the Republic of Finland on the international carriage of goods by road (being an international agreement relating to international transport by road), and which are set out in the Schedule to this Order, are hereby exempted from the provisions of section 7 of the Road Transport Act, 1935 (as amended or extended).

C19

Application of section restricted (11.09.1981) by Road Transport Act, 1978 (Section 5) (No. 2) Order 1981 (S.I. No. 323 of 1981), reg. 2 and sch.

2. The classes of international transport by road which are specified in paragraphs (a) to (p) of Article 4 of the agreement made on the 19th day of May, 1981, between the Government and the Government of Sweden on the international carriage of goods by road (being an international agreement relating to international transport by road), and which are set out in the Schedule to this Order, are hereby exempted from the provisions of section 7 of the Road Transport Act, 1935 (as amended or extended).

C20

Application of section restricted (29.04.1981) by Road Transport Act, 1978 (Section 5) Order 1981 S.I. No. 152 of 1981, reg. 2 and sch.

2. The class of international transport by road which is specified in paragraph (d) of Article 5 of the agreement made on the 26th day of February, 1981, between the Government and the Government of the Kingdom of Denmark on the international carriage of goods by road (being an international agreement relating to international transport by road), and which is set out in the Schedule to this Order, is hereby exempted from the provisions of section 7 of the Road Transport Act, 1935 (as amended or extended).

C21

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. 4.

4. Notwithstanding section 7 of the Road Transport Act, 1935 (No. 23 of 1935) (as amended by section 29 of the Transport Act, 1958 (No. 19 of 1958)) ... neither a licence under the said section 7 (as so amended) nor a restricted road freight licence shall be required for the importation into the State of a vehicle to which these Regulations apply.

C22

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

2. The classes of international transport by road which are specified in paragraphs (1) (d) to (1) (j) of Article 5 of the agreement made on the 9th day of April, 1980, between the Government and the Government of the United Kingdom on the international carriage of goods by road (being an international agreement relating to international transport by road), and which are set out in the Schedule to this Order, are hereby exempted from the provisions of ... section 7 of the Road Transport Act, 1935 (as amended or extended).

C23

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:

E8

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), reg. 7; revoked (4.12.2011) by European Union (International Road Haulage Market) Regulations 2011 (S.I. No. 698 of 2011), reg. 8(a).

E9

Previous affecting provision: application of Act restricted (21.12.1988) by Road Transport Act, 1978 (Section 5) Order 1988 (S.I. No. 357 of 1988), reg. 2 and sch.; revoked (16.05.1989) by Road Transport Act, 1978 (Section 5) Order, 1989 (S.I. No. 144 of 1989), art. 3.

E10

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. 4; revoked (11.03.1994) by European Communities (Combined Transport of Goods Between Member States) Regulations, 1994 (S.I. No. 60 of 1994), reg. 10(b).

E11

Previous affecting provision: application of section restricted (1.10.1975 to 31.12.1978) by European Communities (International Carriage of Goods by Road and Rail) Regulations 1975 (S.I. No. 225 of 1975), reg. 4; revoked (11.03.1994) by European Communities (Combined Transport of Goods Between Member States) Regulations, 1994 (S.I. No. 60 of 1994), reg. 8(a).

E12

Previous affecting provision: application of subs. (3) extended (21.05.1971) by Road Transport Act 1971 (8/1971), s. 8(4), S.I. No. 166 of 1971; repealed (31.10.2005) by Road Transport Act 1999, s. 23 and sch., S.I. No. 683 of 2005.