ROAD TRANSPORT ACT 1971


Number 8 of 1971


ROAD TRANSPORT ACT 1971

REVISED

Updated to 30 June 2016


This Revised Act is an administrative consolidation of the Road Transport Act 1971. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

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

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

revisedacts@lawreform.ie.


Number 8 of 1971


ROAD TRANSPORT ACT 1971

REVISED

Updated to 30 June 2016


Introduction

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

Related legislation

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

Road Transport Act 1933 (8/1933)

Road Transport Act 1934 (17/1934)

Road Transport Act 1935 (23/1935)

Transport Act 1944 (21/1944), Part VII

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

Transport Act 1958 (19/1958)

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

Road Transport Act 1971 (8/1971)

Road Transport Act 1978 (8/1978)

Road Transport Act 1986 (16/1986)

Road Transport Act 1999 (15/1999)

Road Traffic and Transport Act 2006 (28/2006)

Road Transport Act 2011 (31/2011)

Acts previously included in the group but now repealed are:

Road Transport Act 1932 (2/1932)

Road Transport Act 1956 (13/1956)

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

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

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

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

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

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

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

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

Annotations

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

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

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

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

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

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Road Transport Act 1999 (15/1999)

Road Transport Act 1986 (16/1986)

Road Transport Act 1978 (8/1978)

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

Statutory instruments which affect or previously affected this revision

Road Transport (International Carriage of Goods by Road) Order 1996 (S.I. No. 52 of 1996)

Road Transport (International Carriage of Goods by Road) (No. 2) Order 1995 (S.I. No. 85 of 1995)

Road Transport (International Carriage of Goods by Road) Order 1995 (S.I. No. 35 of 1995)

European Communities (International Carriage of Goods by Road) Regulations 1994 (S.I. No. 140 of 1994)

European Communities (Combined Transport of Goods Between Member States) Regulations 1994 (S.I. No. 60 of 1994)

Road Transport (International Carriage of Goods by Road) Order 1992 (S.I. No. 190 of 1992)

Road Transport (International Carriage of Goods by Road) Order 1991 (S.I. No. 202 of 1991)

Road Transport (International Carriage of Goods by Road) Order 1988 (S.I. No. 356 of 1988)

Road Transport Acts (Fees) Regulations 1988 (S.I. No. 193 of 1988)

Road Transport Acts (Fees) Regulations 1986 (S.I. No. 312 of 1986)

European Communities (International Carriage of Goods by Road) Regulations 1985 (S.I. No. 283 of 1985)

Road Transport Acts (Fees) Regulations 1982 (S.I. No. 277 of 1982)

Road Transport (International Carriage of Goods by Road) (No. 2) Order 1982 (S.I. No. 270 of 1982)

Road Transport (International Carriage of Goods by Road) Order 1982 (S.I. No. 42 of 1982)

European Communities (Merchandise Road Transport) Regulations 1981 (S.I. No. 431 of 1981)

Road Transport (International Carriage of Goods by Road) (No. 4) Order 1981 (S.I. No. 326 of 1981)

Road Transport (International Carriage of Goods by Road) (No. 3) Order 1981 (S.I. No. 325 of 1981)

Road Transport (International Carriage of Goods by Road) (No. 2) Order 1981 (S.I. No. 216 of 1981)

Road Transport (International Carriage of Goods by Road) Order 1981 (S.I. No. 153 of 1981)

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

Road Transport (International Carriage of Goods by Road) Order 1980 (S.I. No. 159 of 1980)

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

European Communities (Merchandise Road Transport) Regulations 1977 (S.I. No. 386 of 1977)

Road Transport (International Carriage of Goods by Road) (No. 2) Order 1977 (S.I. No. 258 of 1977)

Road Transport Acts (Fees) Regulations 1977 (S.I. No. 256 of 1977)

Road Transport (International Carriage of Goods by Road) Order 1977 (S.I. No. 106 of 1977)

Road Transport (International Carriage of Goods by Road) Order 1976 (S.I. No. 48 of 1976)

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

Road Transport (International Carriage of Goods by Road) Order 1976 (S.I. No. 25 of 1974)

Road Transport Acts (Fees) Regulations 1971 (S.I. No. 183 of 1971)

Road Transport Act, 1971 (Commencement) Order 1971 (S.I. No. 166 of 1971)

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


Number 8 of 1971


ROAD TRANSPORT ACT 1971

REVISED

Updated to 30 June 2016


ARRANGEMENT OF SECTIONS

SCHEDULE


Acts Referred to

Road Transport Act, 1933

1933, No. 8

Transport Act, 1944

1944, No. 21

Road Transport Act, 1934

1934, No. 17

Road Transport Act, 1935

1935, No. 23

Transport Act, 1958

1958, No. 19


Number 8 of 1971


ROAD TRANSPORT ACT 1971

REVISED

Updated to 30 June 2016


AN ACT TO AMEND AND EXTEND THE ROAD TRANSPORT ACT, 1933, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [7 th April, 1971.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of Act extended (14.07.1986) by Road Transport Act 1986 (16/1986), s. 16(1), S.I. No. 240 of 1986, as amended (30.08.1999) by Road Transport Act, 1999 (15/1999), s. 14(2), S.I. No. 264 of 1999.

Powers of transport officers.

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

(a) ... the Road Transport Act, 1971 ...

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

(i) at any time enter a premises or place if he has reasonable grounds for believing that it is used for a purpose connected with road transport [, including the engagement or use by a person in the premises or place of the services of an undertaking for the carriage by road for reward of merchandise in a vehicle ] (in this section referred to as “road transport operations”) or that a vehicle used for that purpose is at the premises or in the place and inspect the vehicle and any documents, records, books or recording equipment kept or used in that vehicle, premises or place, as the case may be, for the purposes of road transport operations,

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

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

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

...

C2

Application of Act extended (19.08.1995) by European Communities (International Carriage of Goods by Road) Regulations 1985 (S.I. No. 283 of 1985), reg. 2.

2. A licence or class of licence issued by the competent authority of a Member State (other than the State) of the European Communities in the form provided for and pursuant to Council Directive 65/269/EEC(2) (as amended by Council Directive 83/572/EEC) shall be deemed to be a restricted road freight licence within the meaning of the Road Transport Act, 1971.