Road Transport Act 1971

Amendment of section 14 of Principal Act, and consequential provisions relating to merchandise licences.

3

3. (1) Section 14 of the Principal Act, which relates to the operation of merchandise licences, is hereby amended—

( a) by the substitution in subsection (1) of the following paragraph for paragraph ( a):

“( a) operate and be expressed to authorise the licensee under such licence to carry on a merchandise road transport business in respect of the merchandise (or type of merchandise) specified in the application in the area (or areas) specified in the application and with such number of vehicles as may be specified in the licence (being the number calculated in accordance with subsection (4) of this section), but subject to the provisions of this Act and regulations made thereunder and to any conditions specified in such licence;”,

( b) by the substitution in subsection (1) of the following paragraph for paragraph ( c):

“( c) if it is a merchandise (existing carrier's) licence, be expressed to be such a licence.”,

( c) by the substitution of the following subsection for subsection (2):

“(2) Notwithstanding anything in this section, every merchandise (existing carrier's) licence shall operate and be expressed to authorise the licensee under such licence to carry on a merchandise road transport business throughout the State in respect of any merchandise or type of merchandise.”, and

( d) by the insertion after subsection (3) of the following subsections:

“(4) The number of vehicles with which a licensee under a merchandise licence shall be entitled to carry on a merchandise road transport business shall be—

( a) if the licence is a merchandise (existing carrier's) licence—

(i) in a case in which, immediately before the commencement of the Road Transport Act, 1971, the licensee was authorised by the licence to carry on a merchandise road transport business throughout the State but was not so authorised by virtue of an extension of the operation of the licence granted under section 115 of the Transport Act, 1944, solely to authorise the carriage of livestock throughout the State—a number of vehicles equal to the number provided under subparagraph (ii), (iii) or (iv) of this paragraph (as may be appropriate), increased by one,

(ii) in a case in which one or more than one vehicle plate was lawfully on issue to the licensee on the 1st day of January, 1969, in respect of vehicles being operated by him under and in accordance with that licence—a number of vehicles equal to the number of such vehicle plates,

(iii) in a case in which a vehicle plate was not on issue to the licensee on the 1st day of January, 1969, but was lawfully on issue to him on any day in the period of three years ending on the 31st day of December, 1968—a number of vehicles equal to the number of vehicle plates on issue to him under that licence on the latest day in that period on which a vehicle plate was so on issue to him,

(iv) in any other case—one vehicle,

( b) if the licence is not a merchandise (existing carrier's) licence, such number of vehicles of such description as the Minister may from time to time specify on the licence.

(5) For the purposes of subsection (4) of this section—

( a) where a vehicle plate has been issued in respect of a vehicle plate represented to have been lost or destroyed both such plates shall be reckoned as one vehicle plate;

( b) where in contravention of section 32 of this Act a person has not delivered a vehicle plate to a member of the Garda Síochána, that plate shall be deemed not to be on issue to that person.”.

(2) On the commencement of this Act, the Minister shall grant, in accordance with the Principal Act (as amended by this Act), a merchandise licence in substitution for every merchandise licence which was in force immediately before such commencement and a licence so granted shall be deemed to have been granted in pursuance of an application under section 11 of the Principal Act.

(3) Every licence granted by virtue of subsection (2) of this section shall be deemed to have been granted in pursuance of the application under the Principal Act for the licence in substitution for which the first-mentioned licence is granted.

(4) Where by virtue of subsection (2) of this section a licence is granted to a person in substitution for a licence, the last-mentioned licence shall thereupon stand revoked.

(5) In so far as they relate to the number of vehicles which may be operated under a merchandise licence, subsections (1) and (4) of section 14 of the Principal Act as amended by this Act shall not apply in relation to a merchandise licence on issue to an authorised (merchandise carrying) company.