Road Transport Act 1971

Amendment of section 9 of Principal Act.

2

2.Section 9 of the Principal Act is hereby amended—

(i) by the substitution for subsection (1) of the following subsection:

“(1) (a) Subject to paragraph (b) of this subsection and to subsection (5) of this section, it shall not be lawful on or after the appointed day for any person in the course of a merchandise road transport business carried on by him to carry merchandise in any area in the State unless—

(i) such person is the holder of a licence (in this Act referred to as a merchandise licence) granted under this Part of this Act authorising him to carry on a merchandise road transport business in that area and such business is carried on under and in accordance with such licence, or

(ii) such area is an exempted area and merchandise is carried by such person in the course of such merchandise road transport business only in such area or such area and other exempted areas.

(b) Notwithstanding paragraph (a) of this subsection and section 124 of the Transport Act, 1944, the holder of a merchandise licence may carry on a merchandise road transport business—

(i) in an exempted area with a vehicle in respect of which a vehicle plate is not on issue to him,

(ii) in an exempted area even though that area is not specified in the licence,

(iii) when carrying commodities the carriage of which is not subject to any statutory restriction or limitation under this section, whether or not a vehicle plate is on issue to him in respect of the vehicle in which they are carried.”, and

(ii) by the insertion after subsection (4) (inserted by the Road Transport Act, 1934) of the following subsection:

“(5) The restrictions on the carriage of merchandise imposed by this section shall not apply to the carriage of cattle, sheep or pigs.”.