Road Transport Act 1978

Amendment of section 9 of Principal Act.

2

2.The following section is hereby substituted for section 9 of the Principal Act, as amended by the Road Transport Act, 1934, and the Act of 1971:

“9.— (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 the person is the holder of a licence (in this Act referred to as a merchandise licence) granted under this Act authorising him to carry on a merchandise road transport business in that area and the business is carried on under and in accordance with the licence.

( 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 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.

(2) ( a) Every person who carries merchandise in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction—

(i) in the case of a first offence, to a fine not exceeding £250, or

(ii) in the case of a second or subsequent offence, to a fine not exceeding £500.

( b) Section 1 (1) of the Probation of Offenders Act, 1907, shall not apply to a second or subsequent offence under this section.

( c) Section 28 of the Transport Act, 1958, is hereby repealed.

(3) A certificate purporting to be signed by an officer of the Minister and to certify that on a specified day or days or during the whole of a specified period a specified person was not the holder of a merchandise licence authorising him to carry on a merchandise road transport business shall, without proof of the signature of the person purporting to sign the certificate or that he was an officer of the Minister, be evidence until the contrary is proved of the matters purported to be certified in and by the certificate.

(4) Where a person is proved to have carried merchandise by way of merchandise road transport, the person shall for the purposes of this section be deemed until the contrary is proved to have so carried the merchandise in the course of a merchandise road transport business carried on by him.

(5) The restrictions on the carriage of merchandise imposed by this section shall not apply—

( a) where the carriage is in a vehicle or a combination of vehicles (including a trailer or a semi-trailer) which does not exceed 2.5 metric tons unladen weight or which has a permissible maximum total laden weight of not more than 6 metric tons,

( b) to the carriage of cattle, sheep or pigs,

( c) in the period in each year beginning on the 1st day of August and ending on the 30th day of November, to the carriage of newly harvested wheat, oats or barley from a farm to a place of storage, assembly or processing.

(6) For the purposes of subsection (5) ( a) of this section, 2.5 metric tons unladen weight shall be deemed to be equivalent to 6 metric tons permissible maximum total laden weight.”.