Road Transport Act 1986

Licensing of international haulage in the State.

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8.The following section is hereby substituted for section 8 of the Road Transport Act, 1971 (inserted by the Act of 1978):

“8. (1)(a) Notwithstanding anything in The Principal Act or the Act of 1935, the Minister may grant in respect of a vehicle which complies with the conditions specified in section 7 (1) of the Act of 1935 (as amended by section 29 of the Transport Act, 1958) a licence (which shall be known, and is in this Act referred to, as 'a restricted road freight licence') to a person authorising him to import the vehicle and to use it for the purposes of merchandise road transport in the State, subject to any conditions which the Minister may see fit to impose and specifies in the licence.

( b ) Nothing in this section shall be construed as permitting a person to use a vehicle, in respect of which a restricted road freight licence has been granted, for the purpose of the delivery in the State of goods which have been loaded on to that vehicle in the State.

(2) ( a ) The Minister may by order declare that a licence or class of licence (as specified in the order) issued by the competent authority of another State, an international organisation or a person or body acting on behalf of such an organisation in pursuance of an international agreement relating to international transport by road to which the Government or the State is a party, or an agreement, arrangement or resolution relating to such transport to which the Minister is a party, shall be deemed to be a restricted road freight licence, and any such order made before the passing of the Road Transport Act, 1978 shall continue in force and be deemed to have been made under this section.

(b ) The Minister may by order amend or revoke an order under this section.

(3) Sections 9 and 34 of The Principal Act (as amended or extended) shall not apply to a person who is the holder of a restricted road freight licence or a licence deemed by order under this section to be a restricted road freight licence when that person is engaged in merchandise road transport under and in accordance with the terms of the licence.

(4) The Minister may at his discretion charge a fee of such amount as he may determine in respect of a restricted road freight licence or a licence deemed by order under this section to be a restricted road freight licence, or a licence or class of licence issued by the Minister or by the Department of Communications in pursuance of an international agreement relating to international transport by road to which the Government or the State is a party, or an agreement, arrangement or resolution relating to such transport to which the Minister is a party.

(5) In this section 'the Act of 1935' means the Road Transport Act, 1935.”.

Annotations:

Editorial Notes:

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Power pursuant to subs. 2 exercised (4.04.1995) by Road Transport (International Carriage of Goods by Road) (No. 2) Order 1995 (S.I. No. 85 of 1995).