Transport Act 1958


Number 19 of 1958


TRANSPORT ACT 1958

REVISED

Updated to 28 May 2019


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 Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, and all statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, 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 28 May 2019


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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1972, 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 Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, 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 Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this revision.


Number 19 of 1958


TRANSPORT ACT 1958

REVISED

Updated to 28 May 2019


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 28 May 2019


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.

PART I.

Preliminary and General.

Short title.

1

1.This Act may be cited as the Transport Act, 1958.

Definitions.

2

2.In this Act—

the Act of 1950” means the Transport Act, 1950;

the Act of 1955” means the Transport Act, 1955;

the Board” means Córas Iompair Éireann;

the Minister” means the Minister for Industry and Commerce.

Saving for rights of Minister for Posts and Telegraphs.

3

3. F1 [ ]

Annotations:

Amendments:

F1

Repealed (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 4 and sch. 1 part 1 item 12, commenced on enactment.

Editorial Notes:

E4

Previous affecting provision: section amended (1.01.1984) by Postal and Telecommunications Services Act 1983 (24/1983), s. 8(1) and sch. 4 part 1, commenced as per s. 8(1) and S.I. No. 407 of 1983; repealed as per F-note above.

Laying of orders before Houses of the Oireachtas.

4

4.Every order under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either House within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Expenses.

5

5.The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals.

6

6.The enactments mentioned in the First Schedule are hereby repealed to the extent specified in the third column.

PART II.

General Powers and Duties of Board.

General duties of the Board.

7

7. (1) It shall be the general duty of the Board to provide reasonable, efficient and economical transport services with due regard to safety of operation, the encouragement of national economic development and the maintenance of reasonable conditions of employment for its employees.

(2) F2 [ ]

(3) Nothing in this section shall be construed as imposing on the Board, either directly or indirectly, any form of duty or liability enforceable by proceedings before any court to which it would not otherwise be subject.

Annotations:

Amendments:

F2

Repealed (28.07.1964) by Transport Act 1964 (30/1964), s. 16 and sch. 1, commenced on enactment.

Modifications (not altering text):

C2

Provision of services by Dublin Bus and Bus Éireann confirmed (1.12.2009) by Dublin Transport Authority Act 2008 (15/2008), s. 52(1)(a) and (b), S.I. No. 458 of 2009, as substituted (1.01.2014) by Taxi Regulation Act 2013 (37/2013), s. 74, S.I. No. 524 of 2013.

Direct award public service contracts.

52.— [(1) Save where—

(a) a licence is granted by the Minister under the Road Transport Act 1932 ,

(b) a licence is granted by the Authority under Part 2 of the Act of 2009,

(c) the Authority has entered into a public transport service contract with a public transport operator, or

(d) otherwise provided by law—

(i) Dublin Bus has an exclusive right to continue to provide the public bus services that it provides in accordance with the provisions of section 7 of the Act of 1958 and section 8 of the Act of 1986 within the city of Dublin and the counties of Fingal, South Dublin and Dún Laoghaire-Rathdown and contiguous areas, and

(ii) Bus Éireann has an exclusive right to continue to provide the public bus services that it provides in accordance with section 7 of the Act of 1958 and section 8 of the Act of 1986 except in so far as such services are provided by Dublin Bus under subparagraph (i),

and those services shall be set out in the public service contracts entered into under subsection (3)(a). ]

Editorial Notes:

E5

Previous affecting provision: power to designate services prospectively prescribed by Dublin Transport Authority Act 2008 (15/2008), s. 54(1), S.I. No. 458 of 2009; repealed (1.12.2009) by Public Transport Regulation Act 2009 (37/2009), s. 29(1)(j), S.I. No. 466 of 2009.

Terms and conditions of carriage.

8

8. (1) In this section—

charges” includes fares, rates or tolls;

service” means any of the following—

( a) the conveyance of passengers and their luggage,

( b) the receiving, forwarding, carrying and delivering of merchandise,

( c) any other transport service or facility.

F3 [ ( cc ) the provision of parking facilities for vehicles on land belonging to or occupied by the Board, including charges for failure to comply with bye-laws made under section 22(1)( ee ) of the Act of 1950, ]

(2) The Board may fix, demand, take and recover such charges as the Board thinks fit for any service provided by it.

(3) The Board may attach to any service provided by it such terms and conditions as the Board thinks fit.

(4) Any carriage of merchandise by rail by the Board which is in accordance with the terms and conditions contained in Statutory Rule and Order No. 13 of 1930 shall be deemed to be carriage of that commodity under terms and conditions which are just and reasonable.

(5) Unless otherwise specified in writing by the Board, all merchandise carried by the Board by rail shall be deemed to be carried subject to the terms and conditions contained in Statutory Rule and Order No. 13 of 1930.

(6) The Minister, on the application of the Board, may by order vary (whether by addition, substitution or deletion) the terms and conditions of carriage contained in Statutory Rule and Order No. 13 of 1930, and references in this section (including this subsection) to such terms and conditions shall be construed as references to those terms and conditions as so varied.

(7) Where an application is made under subsection (6), the Board shall, if the Minister so requires, give notice of the application to the public in such form and manner as the Minister directs.

(8) Notwithstanding any rule of law or enactment to the contrary, the Board may refuse any particular traffic offered to it.

Annotations:

Amendments:

F3

Inserted (1.08.2008) by Dublin Transport Authority Act 2008 (15/2008), s. 111(1), S.I. No. 291 of 2008.

Modifications (not altering text):

C3

Application of Act restricted (1.05.1990) by International Carriage of Goods by Road Act 1990 (13/1990), s. 3(4), S.I. No. 22 of 1991.

Application of certain enactments in relation to CMR.

3.—...

(4) Notwithstanding section 8 of the Transport Act, 1958, a contract that is entered into by Córas Iompair Éireann or a subsidiary within the meaning of the Companies Act, 1963 ) of Córas Iompair Éireann for the carriage of goods by it, being carriage to which CMR applies, shall be in conformity with the provisions of CMR.

...

C4

Application of section extended (10.07.1971) by Transport (Miscellaneous Provisions) Act 1971 (14/1971), s. 31(1), commenced on enactment.

Extension, modification and amendment of Waterford and Limerick Railway (Deviations) Act, 1851.

31.—(1) Notwithstanding anything in the Act of 1851, the Board may increase the tolls which it is empowered by section 16 of that Act to demand and take in respect of traffic using the bridge mentioned in section 14 of that Act, and such tolls shall be deemed to be charges within the meaning of section 8 of the Act of 1958 and to be charges which the Board may fix, demand, take and recover under that section.

...

Editorial Notes:

E6

The punctuation in subs. (1)(c) and (cc) appears to be incorrect.

E7

Previous affecting provision: application of subs. (8) restricted (10.05.1974) by European Communities (International Carriage of Passengers) Regulations 1974 (S.I. No. 133 of 1974), reg. 3; revoked (17.11.1992) by European Communities (International Carriage of Passengers) Regulations 1992 (S.I. No. 341 of 1992), reg. 9, in force as per reg. 1(2).

Level crossings.

9

9. F4 [ ]

Annotations:

Amendments:

F4

Repealed (1.05.2006) by Railway Safety Act 2005 (31/2005), s. 5 and sch. 1, S.I. No. 215 of 2006.

Editorial Notes:

E8

E8

Power pursuant to section exercised (21.11.2005) by Iarnród Éireann - Irish Rail (Dublin - Sligo) (Killucan Level Crossing) Order 2005 (S.I. No. 712 of 2005).

E9

Power pursuant to section exercised (22.06.2005) by Iarnrod Eireann - Irish Rail (Drogheda-Dundalk)(Commons Level Crossing) Order 2005 (S.I. No. 327 of 2005).

Power pursuant to section exercised (20.02.2005) by Iarnród Éireann - Irish Rail (Mallow - Tralee) (Banteer Level Crossing) Order 2005 (S.I. No. 49 of 2005).

E11

Power pursuant to section exercised (13.02.2005) by Iarnród Éireann - Irish Rail (Killarney - Tralee) (Farranfore Level Crossing) Order 2005 (S.I. No. 50 of 2005).

E12

Power pursuant to section exercised (7.05.2001) by Iarnród Éireann - Irish Rail (Dublin Connolly - Maynooth) (Coolmines Level Crossing) Order 2001 (S.I. No. 174 of 2001).

E13

Power pursuant to section exercised (29.04.2001) by Iarnród Éireann - Irish Rail (Dublin Connolly - Maynooth) (Porterstown Level Crossing) Order 2001 (S.I. No. 167 of 2001).

E14

Power pursuant to section exercised (28.01.2001) by Iarnród Éireann (Dublin Connolly - Maynooth) (Barberstown Level Crossing) Order 2001 (S.I. No. 28 of 2001).

E15

Power pursuant to section exercised (18.09.1995) by Iarnród Éireann (Limerick/Castleconnell) (Lisnagry Station Level Crossing) Order 1995 (S.I. No. 250 of 1995).

E16

Power pursuant to section exercised (25.08.1991) by Iarnród Éireann (Athenry-Galway) (Oranmore Level Crossing) Order 1991 (S.I. No. 224 of 1991).

E17

Power pursuant to section exercised (2.04.1989) by Iarnród Éireann (Mallow-Banteer) (Newberry East Level Crossing) Order 1989 (S.I. No. 56 of 1989).

E18

Power pursuant to section exercised (11.11.1986) by Córas Iompair Éireann (Limerick Junction-Rathluirc) (Emly Level Crossing) Order 1986 (S.I. No. 350 of 1986).

E19

Power pursuant to section exercised (4.11.1986) by Córas Iompair Éireann (Limerick Junction-Thurles) (Grange Level Crossing) Order 1986 (S.I. No. 349 of 1986).

E20

Power pursuant to section exercised (6.03.1985) by Córas Iompair Éireann (Dunleer-Dundalk) (Dromiskin Level Crossing) Order 1985 (S.I. No. 62 of 1985).

E21

Power pursuant to section exercised (6.03.1985) by Córas Iompair Éireann (Navan - Kingscourt) (Moathill Level Crossing) Order 1985 (S.I. No. 61 of 1985).

E22

Power pursuant to section exercised (24.06.1984) by Córas Iompair Éireann (Lansdowne Road - Sydney Parade) (Sydney Parade Avenue Level Crossing) Order 1984 (S.I. No. 144 of 1984).

E23

Power pursuant to section exercised (10.06.1984) by Córas Iompair Éireann (Lansdowne Road-Sydney Parade) (Serpentine Avenue Level Crossing) Order 1984 (S.I. No. 143 of 1984).

E24

Power pursuant to section exercised (27.05.1984) by Córas Iompair Éireann (Pearse Station - Lansdowne Road) (Lansdowne Road Level Crossing) Order 1984 (S.I. No. 130 of 1984).

E25

Power pursuant to section exercised (23.04.1984) by Córas Iompair Éireann (Lansdowne Road - Sydney Parade) (Sandymount Avenue Level Crossing) Order 1984 (S.I. No. 99 of 1984).

E26

Power pursuant to section exercised (1.04.1984) by Córas Iompair Éireann (Bayside-Howth) (Sutton Level Crossing) Order 1984 (S.I. No. 80 of 1984).

E27

Power pursuant to section exercised (25.03.1984) by Córas Iompair Éireann (Howth Junction-Howth) (Kilbarrack Level Crossing) Order 1984 (S.I. No. 81 of 1984).

E28

Power pursuant to section exercised (11.03.1984) by Córas Iompair Éireann (Sydney Parade-Booterstown) (Merrion Level Crossing) Order 1984 (S.I. No. 62 of 1984).

E29

Power pursuant to section exercised (2.03.1981) by Córas Iompair Éireann (Bennetsbridge-Kilkenny) (Ballyredding Level Crossing) (Amendment) Order 1981 (S.I. No. 64 of 1981).

E30

Power pursuant to section exercised (30.04.1976) by Córas Iompair Éireann (Mallow-Banteer) (Newberry West Level Crossing) Order 1976 (S.I. No. 92 of 1976).

E31

Power pursuant to section exercised (30.04.1976) by Córas Iompair Éireann (Killonan-Birdhill) (Richill Level Crossing) Order 1976 (S.I. No. 89 of 1976).

E32

Power pursuant to section exercised (08.12.1975) by Córas Iompair Éireann (Athlone-Roscommon) (Ballymurray Level Crossing) Order 1975 (S.I. No. 291 of 1975).

E33

Previous affecting provision: power pursuant to section exercised (14.07.1988) by Railway Level Crossings (Drogheda-Dundalk) (Commons Level Crossing) Order 1988 (S.I. No. 159 of 1988); subsequently revoked (22.06.2005) by Iarnród Éireann - Irish Rail (Drogheda-Dundalk)(Commons Level Crossing) Order 2005 (S.I. No. 327 of 2005).

E34

Previous affecting provision: power pursuant to section exercised (7.12.1980) by Córas Iompair Éireann (Killarney-Tralee) (Farranfore Level Crossing) (Amendment) Order 1980 (S.I. No. 377 of 1980); subsequently revoked (13.02.2005) by Iarnród Éireann — Irish Rail (Killarney - Tralee) (Farranfore Level Crossing) Order 2005 (S.I. No. 50 of 2005).

E35

Previous affecting provision: power pursuant to section exercised (21.09.1971) by Córas Iompair Éireann (Killarney-Tralee) (Farranfore Level Crossing) Order 1971 (S.I. No. 261 of 1971); revoked (7.12.1980) by Córas Iompair ÿireann (Killarney-Tralee) (Farranfore Level Crossing) (Amendment) Order 1980 (S.I. No. 377 of 1980), art. 2, in force as per art. 3..

E36

Previous affecting provision: subs. (1) amended (10.07.1971) by Transport (Miscellaneous Provisions) Act 1971 (14/1971), s. 24, commenced on enactment. Section subsequently repealed as per F-note above.

E37

Previous affecting provision: power pursuant to section exercised (28.02.1968) by Córas Iompair Éireann (Bennettsbridge-Kilkenny) (Ballyredding Level Crossing) Order 1968 (S.I. No. 47 of 1968); subsequently revoked (2.03.1981) by Córas Iompair Éireann (Bennetsbridge-Kilkenny) (Ballyredding Level Crossing) (Amendment) Order 1981 (S.I. No. 64 of 1981).

E38

Previous affecting provision: power pursuant to section exercised (21.09.1964) by Córas Iompair Éireann (Castlebellingham-Dundalk) (Dromiskin Level Crossing) Order 1964 (S.I. No. 220 of 1964); subsequently revoked (4.03.1985) Córas Iompair Éireann (Dunleer-Dundalk) (Dromiskin Level Crossing) Order 1985 (S.I. No. 62 of 1985).

E39

Previous affecting provision: application of section extended (28.07.1964) by Transport Act 1964 (30/1964), s. 9(2), commenced on enactment. Section subsequently revoked as per F-note above.

E40

Previous affecting provision: power pursuant to section exercised (17.06.1964) by Córas Iompair Éireann (Limerick Junction - Knocklong) (Emly Level Crossing) Order 1964 (S.I. No. 147 of 1964); subsequently revoked (11.11.1986) by Córas Iompair Éireann (Limerick Junction-Rathluirc) (Emly Level Crossing) Order 1986 (S.I. No. 350 of 1986).

E41

Previous affecting provision: power pursuant to section exercised (2.09.1963) by Córas Iompair Éireann (Castlebellingham-Dundalk) (Commons Level Crossing) Order 1963 (S.I. No. 161 of 1963); subsequently revoked (14.07.1988) by Railway Level Crossings (Drogheda-Dundalk) (Commons Level Crossing) Order 1988(S.I. No. 159 of 1988).

E42

Previous affecting provision: power pursuant to section exercised (17.09.1962) by Córas Iompair Éireann (Dundrum - Limerick Junction) (Grange Level Crossing) Order 1962 (S.I. No. 157 of 1962); subsequently revoked (4.11.1986) by Córas Iompair Éireann (Limerick Junction-Thurles) (Grange Level Crossing) Order 1986 (S.I. No. 349 of 1986).

PART III.

Finance.

Grants to Board.

10

10. (1) The Minister shall, out of moneys provided by the Oireachtas, make to the Board in the financial year beginning on the 1st day of April, 1959, and in each of the next four financial years an annual grant of F5 [ £ 1,175,000 ].

(2) The Board shall utilise such payments so far as may be necessary to defray the interest on its transport stock and may apply the balance for the purposes of its undertaking in such manner as it thinks fit.

(3) The provision for payment of interest made by subsection (2) is without prejudice to the continued operation of subsection (3) of section 30 of the Act of 1950.

Annotations:

Amendments:

F5

Substituted (16.07.1958) by Great Northern Railway Act 1958 (20/1958), s. 23, commenced on enactment.

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

11

11. (1) The Minister for Finance shall be liable, to the exclusion of the Board, for the due payment of the principal, amounting to £9,889,083 of the Board's 3% Transport Stock, 1955-60 and that Stock shall be a Government loan for the purposes of the Government Loans (Conversion) Act, 1951.

(2) All moneys required for the due payment by the Minister for Finance of the principal of the stock referred to in subsection (1) shall F6 [ , with the approval of the Minister for Public Expenditure and Reform, ] be paid out of the Central Fund or the growing produce thereof.

(3) For the purpose of providing for payments out of the Central Fund under subsection (2), the Minister for Finance may borrow from any person any sum or sums, and for the purpose of such borrowing he may create and issue securities bearing such rate of interest and subject to such conditions as to repayment, redemption or any other matter as he thinks fit, and shall pay the moneys so borrowed into the Exchequer.

(4) The principal of and interest on any securities issued under this section and the expenses incurred in connection with the issue of such securities shall be charged on and payable out of the Central Fund or the growing produce thereof.

(5) The Minister for Finance shall pay from the Central Fund to the Board the amounts necessary to defray the interest due from time to time after the 1st day of April, 1959, on the stock referred to in subsection (1) and the Board shall apply such moneys to the payment of the amounts due to the holders of that stock.

(6) All moneys required for the purpose of making the payments from the Central Fund referred to in subsection (5) shall be charged on the Central Fund and the growing produce thereof.

Annotations:

Amendments:

F6

Inserted (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 49, commenced as per ss. 1(2), 6 and S.I. No. 401 of 2011.

Editorial Notes:

E43

Power pursuant to section exercised (3.06.1960) by 3% Transport Stock 1955-60 (Conversion) Regulations 1960 (S.I. No. 119 of 1960).

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

12

12. (1) The Board shall not be liable to repay to the Central Fund the sum of £5,623,400, being the total of advances made under subsection (3) of section 30 of the Act of 1950 up to the 31st day of March, 1958, to meet sums payable by the Minister for Finance under guarantees given by him under that section (comprising £4,820,400 in respect of interest on transport stock and £803,000 in respect of temporary borrowing) nor shall the Board be liable to pay interest in respect of any period after that date on such advances; and subsections (6) and (8) of the said section are modified accordingly.

(2) The said sum of £803,000 shall, for the purposes of paragraph ( b) of subsection (1) of section 30 of the Act of 1950, as amended by section 3 of the Act of 1955, be deemed to have been repaid by the Board.

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

13

13.The sum of £1,000,000, being the total of repayable advances to the Board for capital expenditure which, having been included in a Supplementary Estimate approved by Dáil Éireann on the 25th day of July, 1956, were granted by the Central Fund Act, 1957, and appropriated for that purpose by the Appropriation Act, 1957, shall be treated as a non-repayable grant from the 1st day of April, 1958.

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

14

14. (1) Whenever the Board ceases to provide or permanently reduces any transport service by rail or inland waterway or substitutes diesel for steam traction or whenever an order is made under section 9 in relation to a specified level crossing and as a consequence thereof the Board, F7 [ on or before the 31st day of March, 1964 ], either dispenses with the services of an officer or servant of the Board or transfers him to another position in its service the provisions of this section shall have effect.

(2) This section applies only to an officer or servant who at the date of his dismissal or transfer was employed in a permanent capacity or who was, except for casual interruptions of employment, employed by the Board during the whole of the preceding three years.

(3) If the Board dispenses with his services he shall be paid by the Board compensation calculated in accordance with the Second Schedule.

(4) If he is transferred to another position and thereby suffers a worsening of his conditions of service, within the meaning of section 37 of the Act of 1950, as an officer or servant of the Board he shall be paid by the Board compensation consisting of a lump sum of such amount as is reasonable.

(5) Sections 41, 42 and 43 of the Act of 1950 (which relate to the determination of compensation under that Act) shall apply to compensation under this section.

(6) F8 [ ]

Annotations:

Amendments:

F7

Substituted (9.07.1963) by Transport Act 1963 (17/1963), s. 19(1), commenced on enactment.

F8

Repealed (28.07.1964) by Transport Act 1964 (30/1964), s. 16 and sch., commenced on enactment.

Editorial Notes:

E44

Power pursuant to subs. (6) exercised (16.07.1963) by Transport Act 1958 (Section 14(6)) (No. 3) Order 1963 (S.I. No. 125 of 1963).

E45

Previous affecting provision: subss. (1) and (6) amended (9.07.1963) by Transport Act 1963 (17/1963), s. 19(1), commenced on enactment. Subs. (6) repealed as per F-note above.

E46

Previous affecting provision: application of section extended (9.07.1963) by Transport Act 1963 (17/1963), s. 14(1)(c), commenced on enactment.

E47

Previous affecting provision: power pursuant to subs. (6) exercised (28.05.1963 to 15.07.1963) by Transport Act 1958 (Section 14(6)) (No. 2) Order 1963 (S.I. No. 103 of 1963).

E48

Previous affecting provision: application of Act extended (28.02.1963 to 15.07.1963) by Transport Act 1958 (Section 14(6)) Order 1963 (S.I. No. 36 of 1963), arts. 2 and 3.

E49

Previous affecting provision: power pursuant to subs. (6) exercised (28.02.1963 to 15.07.1963) by Transport Act 1958 (Section 14(6)) Order 1963 (S.I. No. 36 of 1963).

E50

Power pursuant to subs. (6) exercised (29.11.1961) by Transport Act 1958 (Section 14(6)) Order 1961 (S.I. No. 274 of 1961).

E51

Previous affecting provision: power pursuant to subs. (6) exercised (15.06.1960 to 15.07.1963) by Transport Act 1958 (Extension of Section 14 To Certain Employees of Córas Iompair Éireann) (No. 2) Order 1960 (S.I. No. 123 of 1960).

E52

Previous affecting provision: power pursuant to subs. (6) exercised (22.02.1960 to 15.07.1963) by Transport Act 1958 (Extension of Section 14 To Certain Employees of Córas Iompair Éireann) Order 1960 (S.I. No. 37 of 1960).

E53

Previous affecting provision: power pursuant to subs. (6) exercised (12.10.1959 to 15.07.1963) by Transport Act 1958 (Section 14(6)) (No. 3) Order 1959 (S.I. No. 167 of 1959).

E54

Previous affecting provision: power pursuant to subs. (6) exercised (12.10.1959 to 15.07.1963) by Transport Act 1958 (Section 14(6)) (No. 2) Order 1959 (S.I. No. 166 of 1959).

E55

Previous affecting provision: power pursuant to subs. (6) exercised (10.08.1959 to 15.07.1963) by Transport Act 1958 (Section 14(6)) Order 1959 (S.I. No. 135 of 1959).

E56

Previous affecting provision: application of section extended (16.07.1958) by Great Northern Railway Act 1958 (20/1958), s. 17(3), commenced on enactment.

E57

Previous affecting provision: power pursuant to subs. (6) exercised (8.12.1958 to 15.07.1963) by Transport Act 1958 (Section 14(6)) Order 1958 (S.I. No. 249 of 1958).

Grants in respect of compensation.

15

15. (1) The Minister, with the consent of the Minister for Finance, may, out of moneys provided by the Oireachtas, from time to time during any financial year make such grants to the Board as he thinks proper towards the cost of compensation under section 14.

(2) If the total of such grants is less than the amount certified by the Board's auditors as having been duly paid in compensation in that financial year the Minister shall, out of moneys provided by the Oireachtas, make to the Board a grant of the amount of the deficiency.

(3) If the total of such grants is greater than the amount so certified the excess may, with the consent of the Minister, be treated as a grant in respect of the next financial year.

Annotations:

Modifications (not altering text):

C5

Functions transferred and references to “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 19 of 1958

Transport Act 1958

Section 15(1)

...

...

...

C6

References to s. 14 construed (16.07.1958) by Great Northern Railway Act 1958 (20/1958), s. 17(4), commenced on enactment.

Compensation for employees of Board and former employees of outgoing Board in cases of dismissal or transfer.

17.— ...

(4) The references to the said section 14 in sections 15 and 17 of the Transport Act, 1958, shall be construed as including references to this section.

Restriction of existing compensation provisions.

16

16.Sections 39 and 40 of the Act of 1950 and section 4 of the Act of 1955, which provide for compensation in certain cases of dismissal or transfer of officers and servants, shall not apply to a person whose services are dispensed with or who is transferred to another position after the passing of this Act.

Returns in relation to compensation.

17

17. (1) The Board shall, before the F9 [ 1st day of August ] in each year, furnish to the Minister an estimate of its expenditure in respect of compensation under section 14 in each quarter of the next following financial year.

(2) The Board shall, at the end of every quarter of a financial year, furnish to the Minister in such form as the Minister may require a return showing the amount of compensation paid in that quarter.

(3) The Board shall, as soon as may be after the end of each financial year, furnish to the Minister in such form as the Minister may require a return, certified by the Board's auditors, showing the amount of compensation paid in that year.

Annotations:

Amendments:

F9

Substituted (1.07.1984) by Exchequer and Local Financial Years Act (Adaptation of Enactments and Statutory Instruments) (No. 2) Order 1974 (S.I. No. 293 of 1974), art. 4(2) and sch. 2, pt. II .

Modifications (not altering text):

C7

References to s. 14 construed (16.07.1958) by Great Northern Railway Act 1958 (20/1958), s. 17(4), commenced on enactment.

Compensation for employees of Board and former employees of outgoing Board in cases of dismissal or transfer.

17.— ...

(4) The references to the said section 14 in sections 15 and 17 of the Transport Act, 1958, shall be construed as including references to this section.

Amendment of section 44 of Act of 1950.

18

18. Subsection (8) of section 44 (which relates to superannuation schemes) of the Act of 1950 is hereby amended by the insertion, after “ under section 44 of the Act of 1944”, of “ or under section 45 of that Act.

PART IV.

Cesser of train services and closing of railways and canals.

Termination of train services.

19

19. (1) The Board may, subject to the provisions of this section, terminate any service of trains for passengers and merchandise or either of them.

(2) The Board shall not terminate a service unless it is satisfied that its operation is uneconomic and that there is no prospect of its continued operation being economic within a reasonable period.

(3) The Board shall not terminate a service or close a railway station to any or all classes of traffic unless, at least two months before doing so, the Board has published, in Iris Oifigiúil and in such newspapers circulating in the area affected by the proposal as the Board thinks proper, notice of its intention to do so.

(4) The notice shall indicate the new or additional road transport services, if any, which the Board proposes to provide in the area.

(5) If the Board does not propose to provide an alternative road transport service the notice shall state that applications for passenger licences under the Road Transport Act, 1932, or merchandise licences under the Road Transport Act, 1933, or both, as may be appropriate, may be made by persons desiring to provide alternative road services.

(6) Where the Board does not propose to provide alternative road services the Board shall make available at some railway station in the affected area to persons interested in the provision of alternative road services particulars of the traffic carried by the train service which it is proposed to terminate, or despatched from or received at the station which it is proposed to close as aforesaid, during the period of the latest twelve months for which such particulars are available. The notice shall indicate that such particulars will be made available at some specified station.

Annotations:

Modifications (not altering text):

C8

Application of section extended (19.07.1966) by Transport Act 1966 (26/1966), s. 2, commenced on enactment.

Termination of train services on railway lines of company

2.— Section 19 of the Transport Act, 1958, which provides for the termination of train services, shall apply and have effect in relation to any service of trains for passengers and merchandise or either of them provided by the Board on a railway line of the Company.

Abandonment of railway lines of Board.

20

20.Section 21 of the Act of 1950, as extended by section 6 of the Act of 1955, which provides for the abandonment of railway lines, shall apply to a railway line or section over which all train services have been terminated by the Board.

Abandonment of railway lines of other railway companies.

21

21.Whenever all services of trains, over any railway line or section of railway line to which section 9 of the Railways Act, 1933, applies, have been terminated the Minister may, notwithstanding that the provisions of that section have not been complied with, make an order under section 110 of the Transport Act, 1944, authorising the abandonment of that line or section.

Annotations:

Editorial Notes:

E58

Power pursuant to section exercised (24.09.1958) by Sligo, Leitrim and Northern Counties Railway (Abandonment) Order 1958 (S.I. No. 181 of 1958).

Sale of land of abandoned railway line to public body.

22

22. (1) Notwithstanding anything to the contrary in section 21 of the Act of 1950 or in any other enactment, a railway company may sell any land under or adjoining an abandoned railway line by private treaty to a local authority or public utility undertaking.

(2) In this section—

local authority” has the meaning given to it by section 2 of the Local Government Act, 1941;

public utility undertaking” means any authority or company which carries on an electricity or gas undertaking and any board or body established by Saorstát Éireann statute or Act of the Oireachtas.

Closing of canal.

23

23. F10 [ ]

Annotations:

Amendments:

F10

Repealed (11.03.1986) by Canals Act 1986 (3/1986), s. 18 and sch. 3, pt. II, commenced on enactment.

Editorial Notes:

E59

Previous affecting provision: application restricted (21.12.1960) by Transport Act 1960 (41/1960), s. 1, commenced on enactment.

PART V.

Road Transport.

Exemption of Board from requirement of passenger licences.

24

24. F11 [ ]

Annotations:

Amendments:

F11

Repealed (1.12.2010) by Public Transport Regulation Act 2009 (37/2009), s. 28(c), S.I. No. 566 of 2010.

Restriction on initiation and alteration of passenger road services.

25

25. F12 [ ]

Annotations:

Amendments:

F12

Repealed (1.12.2010) by Public Transport Regulation Act 2009 (37/2009), s. 28(c), S.I. No. 566 of 2010.

Relief from obligation to carry vehicle plate.

26

26. F13 [ ]

Annotations:

Amendments:

F13

Repealed (31.10.2005) by Road Transport Act 1999 (15/1999), s. 23 and sch. 1, S.I. No. 683 of 2005.

Carriage of livestock for neighbouring farmers.

27

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 1 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.

Annotations:

Amendments:

F14

Repealed by Road Transport Act 1999 (15/1999), s. 23 and sch. 1, not commenced as of 14.05.2013.

Modifications (not altering text):

C9

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

Carriage of livestock from neighbouring farmers.

27. F14 [ ]

Editorial Notes:

E60

Power pursuant to section exercised (18.08.1958) by Transport Act 1958 (Markets and Fairs) Order 1958 (S.I. No. 173 of 1958).

Illegal haulage: second and subsequent offences.

28

28. F15 [ ]

Annotations:

Amendments:

F15

Repealed by Road Transport Act 1933 (8/1933), s. 9(2)(c), as substituted (16.05.1978) by Road Transport Act 1978 (8/1978), s. 2, commenced on enactment.

Importation of unladen lorries and tractors.

29

29. (1) Section 7 of the Road Transport Act, 1935, which restricts the importation of laden lorries and tractors drawing laden trailers, is hereby amended by the deletion of paragraph ( b) of subsection (1), to the intent that the section shall apply likewise to unladen lorries and tractors.

(2) The section shall not apply to the importation of lorries and tractors by any person in the course of his trade in lorries and tractors as such.

FIRST SCHEDULE.

Enactments Repealed.

Session and Chapter or Year and Number

Short title

Extent of Repeal

8 & 9 Vic., c. 20.

Railways' Clauses Consolidation Act, 1845.

Section 90.

17 & 18 Vic., c. 31.

Railway and Canal Traffic Act, 1854.

Section 2.

51 & 52 Vic., c. 25.

Railway and Canal Traffic Act, 1888.

Sections 27, 28 and 29.

No. 21 of 1944.

Transport Act, 1944.

Sections 117 and 125.

No. 12 of 1950.

Transport Act, 1950.

Sections 15, 19, 20, 54, 55, 56.

SECOND SCHEDULE.

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

Section 14.

1. In this Schedule “ remuneration” shall be construed as including any cost of living or other bonus.

2. Compensation shall be calculated in the manner set out in the Fourth Schedule to the Act of 1950, subject to the following paragraphs.

3. Where the compensation payable to a person consists of an annual sum, the annual sum payable to him after he reaches the age of 65 years shall be calculated as if, for every reference in paragraph 3 of the said Fourth Schedule to one-sixtieth or to any multiple of one-sixtieth, there were substituted a reference to one-eightieth or to the same multiple of one-eightieth, subject to a maximum of one-half of his annual remuneration and emoluments.

4. Where he has commuted any annual amount under section 42 of the Act of 1950, the annual sum payable under paragraph 3 shall be reduced by the annual amount so commuted.

5. If a person in receipt of an annual sum holds any office or employment remunerated out of moneys provided by the Oireachtas or out of the Central Fund or is employed by a local authority or a board or body established by or under an Act of the Oireachtas or Saorstát Éireann statute (including the Board) or by F16 [ Industrial Engineering Company Limited ] or by a company (in this paragraph called a State-sponsored company) incorporated under the Companies Acts, 1908 to 1924, in which the majority of the ordinary shares are held by or on behalf of a Minister of State or by a company in which the majority of the ordinary shares are held by or on behalf of a State-sponsored company F17 [ , any board or body aforesaid or Industrial Engineering Company Limited ] and the amount of the annual sum (before any commutation under section 42 of the Act of 1950 or reduction under this paragraph) together with his remuneration and emoluments under that office or employment for the time being exceeds his annual remuneration and emoluments from the Board on the date on which his services were dispensed with, the amount of the annual sum shall be reduced by the amount of such excess for the duration thereof.

6. The reference in paragraph 4 of the Fourth Schedule to the Act of 1950 to a dissolved undertaker shall include reference to the Board F17 [ and to the Company ] and to any railway undertaking transferred to the Board after the passing of this Act.

7. Where a person who is in receipt of an annual sum and to whom paragraph 4 of the Fourth Schedule to the Act of 1950 applies reaches the age of 65 years, the reduction thereafter falling to be made under subparagraph ( a) of that paragraph shall itself be reduced so that the aggregate of the amount of the annual sum and an amount equal to the annual value of the superannuation or benefit to which he is also entitled is not less than that aggregate as it stood immediately before he reached that age.

Annotations:

Amendments:

F16

Substituted (9.07.1963) by Transport Act 1963 (17/1963), s. 21(a), commenced on enactment.

F17

Inserted (9.07.1963) by Transport Act 1963 (17/1963), s. 21(b) and (c), commenced on enactment.

Modifications (not altering text):

C10

Application of schedule extended (28.07.1964) by Transport Act 1964 (30/1964), s. 9(4), commenced on enactment, as restricted (1.01.1968) by Redundancy Payments Act 1967 (21/1967), s. 48(1) and (2), S.I. No. 302 of 1967.

Compensation for employees of Board or Óstlanna Iompair Éireann Teoranta in cases of dismissal or transfer.

9.— ...

(4) If the Board or the Company dispenses with the services of a person referred to in subsection (3) of this section, he shall be paid by the Board or the Company, as the case may be, compensation calculated in accordance with the Second Schedule to the Act of 1958, and for the purpose of such calculation, in construing the said Second Schedule, that Schedule shall be deemed to contain the paragraph set out in subsection (3) of section 17 of the said Great Northern Railway Act, 1958.

...

Provision for officers and servants of Córas Iompair Éireann and Óstlanna Iompair Éireann Teoranta.

48.—(1) Section 9 of the Transport Act, 1964 , shall not apply to a person who, after the commencement of this Act, becomes an officer or servant of the Board unless such person was, or, but for a casual interruption of his employment, would have been, an officer or servant of the Board at such commencement and continues to be an officer or servant of the Board except for casual interruptions of employment.

(2) Where, before the commencement of this Act, a person is in receipt of compensation under section 9 of the Transport Act, 1964 , subsection (1) shall not operate to diminish his right to such compensation.

C11

Schedule 2 construed (16.07.1958) by Great Northern Railway Act 1958 (20/1958), s. 17(3), commenced on enactment.

Compensation for employees of Board and former employees of outgoing Board in cases of dismissal or transfer.

17.— ...

(3) A person to whom this section applies shall be entitled to compensation under section 14 of the Transport Act, 1958, to the same extent and on the same conditions as a person to whom that section applies, but, in construing for the purposes of this subsection the Second Schedule to the Transport Act, 1958, that Schedule shall be deemed to contain an additional paragraph as follows:

“8. (a) References in the Fourth Schedule to the Act of 1950 to a former transport company shall be construed as including references to the Great Northern Railway Board and the Great Northern Railway Company (Ireland).

(b) References in the said Fourth Schedule to a former road transport licensee shall be construed as including references to, a person who was the holder of a passenger licence, within the meaning of the Road Transport Act, 1932 , or of a merchandise (existing carrier’s) licence within the meaning of the Road Transport Act, 1933 , and whose said licence was transferred to the Great Northern Railway Board or the Great Northern Railway Company (Ireland).

(c) For the purpose of reckoning the pensionable service of a person under the said Fourth Schedule—

(i) the pensionable service shall include any service (having been with a former road transport licensee within the meaning of the said Fourth Schedule or of that Schedule as extended by subparagraph (b) of this paragraph) which is recognised for the purpose of an existing superannuation scheme as defined in section 15 of the Great Northern Railway Act, 1958, and

(ii) if the person was taken into the employment of the Board as a specially qualified person at an age exceeding that at which transport service usually began, his pensionable service may be increased by the addition of such number of years as may seem just.”

C12

Schedule 2 construed (16.07.1958) by Great Northern Railway Act 1958 (20/1958), s. 18(7), commenced on enactment.

Compensation for employees of Irish Railway Clearing House in cases of dismissal or transfer

18.— ...

(7) In construing for the purposes of this section the Second Schedule to the Transport Act, 1958 ...

(a) in paragraph 5 of the said Second Schedule “the Irish Railway Clearing House or” shall be inserted before “a local authority” and “from the Irish Railway Clearing House” shall be substituted for “from the Board”;

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