TRANSPORT ACT 1958


Number 19 of 1958


TRANSPORT ACT 1958

REVISED

Updated to 31 August 2016


This Revised Act is an administrative consolidation of the Transport Act 1958. 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 Energy Act 2016 (12/2016), enacted 30 July 2016, and all statutory instruments up to and including European Union (Identification of Equidae) (Amendment) (No. 2) Regulations 2016 (S.I. No. 470 of 2016), made 31 August 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 19 of 1958


TRANSPORT ACT 1958

REVISED

Updated to 31 August 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

This Act is not collectively cited with any other Act.

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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

Communications Regulation (Postal Services) Act 2011 (21/2011)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Public Transport Regulation Act 2009 (37/2009)

Dublin Transport Authority Act 2008 (15/2008)

Railway Safety Act 2005 (31/2005)

Road Transport Act 1999 (15/1999)

International Carriage of Goods by Road Act 1990 (13/1990)

Canals Act 1986 (3/1986)

Ministers and Secretaries (Amendment) Act 1983 (40/1983)

Postal and Telecommunications Services Act (24/1983)

Road Transport Act 1978 (8/1978)

Transport (Miscellaneous Provisions) Act 1971 (14/1971)

Transport Act 1966 (26/1966)

Transport Act 1964 (30/1964)

Transport Act 1963 (17/1963)

Transport Act 1960 (41/1960)

Great Northern Railway Act 1958 (20/1958)

Road Transport Act 1933 (8/1933)

All Acts up to and including Energy Act 2016 (12/2016), enacted 30 July 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)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Iarnród Éireann - Irish Rail (Dublin - Sligo) (Killucan Level Crossing) Order 2005 (S.I. No. 712 of 2005)

Iarnrod Eireann - Irish Rail (Drogheda- Dundalk)(Commons Level Crossing) Order 2005 (S.I. No. 327 of 2005)

Iarnród Éireann - Irish Rail (Killarney - Tralee) (Farranfore Level Crossing) Order 2005 (S.I. No. 50 of 2005)

Iarnród Éireann - Irish Rail (Mallow - Tralee) (Banteer Level Crossing) Order 2005 (S.I. No. 49 of 2005)

Iarnród Éireann - Irish Rail (Dublin Connolly - Maynooth) (Coolmines Level Crossing) Order 2001 (S.I. No. 174 of 2001)

Iarnród Éireann - Irish Rail (Dublin Connolly - Maynooth) (Porterstown Level Crossing) Order 2001 (S.I. No. 167 of 2001)

Iarnród Éireann (Dublin Connolly - Maynooth) (Barberstown Level Crossing) Order 2001 (S.I. No. 28 of 2001)

Iarnród Éireann (Limerick/Castleconnell) (Lisnagry Station Level Crossing) Order 1995 (S.I. No. 250 of 1995)

Iarnród Éireann (Athenry-Galway) (Oranmore Level Crossing) Order 1991 (S.I. No. 224 of 1991)

Iarnród Éireann (Mallow-Banteer) (Newberry East Level Crossing) Order 1989 (S.I. No. 56 of 1989)

Railway Level Crossings (Drogheda-Dundalk) (Commons Level Crossing) Order 1988 (S.I. No. 159 of 1988)

Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 1987 (S.I. No. 92 of 1987)

Córas Iompair Éireann (Limerick Junction- Rathluirc) (Emly Level Crossing) Order 1986 (S.I. No. 350 of 1986)

Córas Iompair Éireann (Limerick Junction-Thurles) (Grange Level Crossing) Order 1986 (S.I. No. 349 of 1986)

Córas Iompair Éireann (Dunleer-Dundalk) (Dromiskin Level Crossing) Order 1985 (S.I. No. 62 of 1985)

Córas Iompair Éireann(Navan - Kingscourt) (Moathill Level Crossing) Order 1985 (S.I. No. 61 of 1985)

Córas Iompair Éireann (Navan - (Lansdowne Road - Sydney Parade) (Sydney Parade Avenue Level Crossing) Order 1984 (S.I. No. 144 of 1984)

Córas Iompair Éireann (Lansdowne Road-Sydney Parade) (Serpentine Avenue Level Crossing) Order 1984 (S.I. No. 143 of 1984)

Córas Iompair Éireann (Pearse Station - Lansdowne Road) (Lansdowne Road Level Crossing) Order 1984 (S.I. No. 130 of 1984)

Córas Iompair Éireann (Lansdowne Road - Sydney Parade) (Sandymount Avenue Level Crossing) Order 1984 (S.I. No. 99 of 1984)

Córas Iompair Éireann (Howth Junction-Howth) (Kilbarrack Level Crossing) Order 1984 (S.I. No. 81 of 1984)

Córas Iompair Éireann (Bayside-Howth) (Sutton Level Crossing) Order 1984 (S.I. No. 80 of 1984)

Córas Iompair Éireann (Sydney Parade-Booterstown) (Merrion Level Crossing) Order 1984 (S.I. No. 62 of 1984)

Córas Iompair Éireann (Bennetsbridge-Kilkenny) (Ballyredding Level Crossing) (Amendment) Order 1981 (S.I. No. 64 of 1981)

Córas Iompair Éireann (Killarney-Tralee) (Farranfore Level Crossing) (Amendment) Order 1980 (S.I. No. 377 of 1980)

Córas Iompair Éireann (Mallow-Banteer) (Newberry West Level Crossing) Order 1976 (S.I. No. 92 of 1976)

Córas Iompair Éireann (Killonan-Birdhill) (Richill Level Crossing) Order 1976 (S.I. No. 89 of 1976)

Córas Iompair Éireann (Athlone-Roscommon) (Ballymurray Level Crossing) Order 1975 (S.I. No. 291 of 1975)

Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) (No. 2) Order 1974 (S.I. No. 293 of 1974)

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

Córas Iompair Éireann (Killarney-Tralee) (Farranfore Level Crossing) Order 1971 (S.I. No. 261 of 1971)

Córas Iompair Éireann (Bennettsbridge- Kilkenny) (Ballyredding Level Crossing) Order 1968 (S.I. No. 47 of 1968)

Córas Iompair Éireann (Castlebellingham- Dundalk) (Dromiskin Level Crossing) Order 1964 (S.I. No. 220 of 1964)

Córas Iompair Éireann (Limerick Junction - Knocklong) (Emly Level Crossing) Order 1964 (S.I. No. 147 of 1964)

Córas Iompair Éireann (Castlebellingham-Dundalk) (Commons Level Crossing) Order 1963 (S.I. No. 161 of 1963)

Transport Act, 1958 (Section 14(6)) (No. 3) Order 1963 (S.I. No. 125 of 1963)

Transport Act, 1958 (Section 14(6)) (No. 2) Order 1963 (S.I. No. 103 of 1963)

Transport Act, 1958 (Section 14(6)) Order 1963 (S.I. No. 36 of 1963)

Córas Iompair Éireann (Dundrum - Limerick Junction) (Grange Level Crossing) Order 1962 (S.I. No. 157 of 1962)

Transport Act, 1958 (Section 14 (6)) Order 1961 (S.I. No. 274 of 1961)

Transport Act, 1958 (Extension of Section 14 To Certain Employees of Córas Iompair Éireann) (No. 2) Order 1960 (S.I. No. 123 of 1960)

3% Transport Stock, 1955-60 (Conversion) Regulations 1960 (S.I. No. 119 of 1960)

Transport Act, 1958 (Extension of Section 14 To Certain Employees of Córas Iompair Éireann) Order 1960 (S.I. No. 37 of 1960)

Transport Act, 1958 (Section 14(6)) (No. 3) Order 1959 (S.I. No. 167 of 1959)

Transport Act, 1958 (Section 14(6)) (No. 2) Order 1959 (S.I. No. 166 of 1959)

Transport Act, 1958 (Section 14(6)) Order 1958, (S.I. No. 249 of 1958)

Transport Act, 1958 (Section 14(6)) Order 1959 (S.I. No. 135 of 1959)

Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order 1959 (S.I. No. 125 of 1959)

Sligo, Leitrim and Northern Counties Railway (Abandonment) Order 1958 (S.I. No. 181 of 1958)

Transport Act, 1958 (Markets and Fairs) Order 1958 (S.I. No. 173 of 1971)

All statutory instruments up to and including European Union (Identification of Equidae) (Amendment) (No. 2) Regulations 2016 (S.I. No. 470 of 2016), made 31 August 2016, were considered in the preparation of this revision.


Number 19 of 1958


TRANSPORT ACT 1958

REVISED

Updated to 31 August 2016


ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

1.

Short title.

2.

Definitions.

3.

Saving for rights of Minister for Posts and Telegraphs.

4.

Laying of orders before Houses of the Oireachtas.

5.

Expenses.

6.

Repeals.

PART II.

General Powers and Duties of Board.

7.

General duties of the Board.

8.

Terms and conditions of carriage.

9.

Level crossings.

PART III.

Finance.

10.

Grants to Board.

11.

C.I.E. 3% Transport Stock, 1955-60, to be a Government loan.

12.

Release of Board from liability to repay advances of £5,623,400 for transport stock interest and temporary borrowing.

13.

Repayable advances of £1,000,000 for capital expenditure to be treated as non-repayable grant.

14.

Compensation of employees whose services are dispensed with or conditions worsened.

15.

Grants in respect of compensation.

16.

Restriction of existing compensation provisions.

17.

Returns in relation to compensation.

18.

Amendment of section 44 of Act of 1950.

PART IV.

Cesser of Train Services and Closing of Railways and Canals.

19.

Termination of train services.

20.

Abandonment of railway lines of Board.

21.

Abandonment of railway lines of other railway companies.

22.

Sale of land of abandoned railway line to public body.

23.

Closing of canal.

PART V.

Road Transport.

24.

Exemption of Board from requirement of passenger licences.

25.

Restriction on initiation and alteration of passenger road services.

26.

Relief from obligation to carry vehicle plate.

27.

Carriage of livestock for neighbouring farmers.

28.

Illegal haulage: second and subsequent offences.

29.

Importation of unladen lorries and tractors.

FIRST SCHEDULE.

Enactments Repealed

SECOND SCHEDULE.

Compensation of Certain officers and servants of the Board whose services are dispensed with


Acts Referred to

Transport Act, 1950

1950, No. 12.

Transport Act, 1955

1955, No. 25.

Railways' Clauses Consolidation Act, 1845

1845, c. 20.

Railways Clauses Act, 1863

1863, c. 92.

Government Loans (Conversion) Act, 1951

1951, No. 12.

Central Fund Act, 1957

1957, No. 2.

Appropriation Act, 1957

1957, No. 15.

Road Transport Act, 1932

1932, No. 2.

Road Transport Act, 1933

1933, No. 8.

Railways Act, 1933

1933, No. 9.

Transport Act, 1944

1944, No. 21.

Local Government Act, 1941

1941, No. 23.

Regulation of Railways Act, 1873

1873, c. 48.

Finance (Excise Duties) (Vehicles) Act, 1952

1952, No. 24.

Probation of Offenders Act, 1907

1907, c. 17.

Road Transport Act, 1935

1935, No. 23.


Number 19 of 1958.


TRANSPORT ACT 1958

REVISED

Updated to 31 August 2016


AN ACT TO MAKE FURTHER PROVISION IN RELATION TO TRANSPORT. [16 th July, 1958.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations:

Modifications (not altering text):

C1

Functions transferred and references to “Department of Communications” and “Minister for Communications” construed (31.03.1987) by Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 1987 (S.I. No. 92 of 1987), arts. 3, 4 and sch. part 1, in effect as per art. 1(2).

3.(1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Tourism and Transport.

(2) References to the Department of Communications contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Tourism and Transport.

4.(1) The functions vested in the Minister for Communications—

( a) by or under the Ministers and Secretaries (Amendment) (No. 2) Act, 1983 (No. 40 of 1983), which relate to functions under any of the statutes, and regulations mentioned in Part I and II of the Schedule to this Order, or

( b) by or under any of the statutes, orders or regulations mentioned in Parts III and IV of the Schedule to this Order, or

( c) by or under any of the statutes mentioned in the third column of Part V of the Schedule to this Order at any reference number of any statute mentioned in the second column of that Part of that Schedule at that reference number

are hereby transferred to the Minister for Tourism and Transport.

(2) References to the Minister for Communications contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism and Transport.

...

Schedule

Part 1

Statutes relating to functions vested in the Minister for Communications by the Ministers and Secretaries (Amendment) (No. 2) Act, 1983, which are transferred to the Minister for Tourism and Transport—

...

Transport Act, 1958

...

Editorial Notes:

E1

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

E2

Previous affecting provision: functions transferred and references to “Minister for Transport” and “Department of Transport” construed (27.12.1983) by Ministers and Secretaries (Amendment) Act 1983 (40/1983), ss. 5 and 6, commenced on enactment; superseded as per C-note above.

E3

Previous affecting provision: functions transferred and references to “Minister for Industry and Commerce” and “Department of Industry and Commerce” construed (27.07.1959) by Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order 1959 (S.I. No. 125 of 1959), arts. 3 and 4; superseded as per E-note above.