Road Traffic and Transport Act 2006

Road Traffic and Transport Act 2006


Number 28 of 2006


ROAD TRAFFIC AND TRANSPORT ACT 2006

REVISED

Updated to 4 October 2018


This revised Act is an administrative consolidation of the Road Traffic and Transport Act 2006. 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 Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2018, and all statutory instruments up to and including Road Transport (Operator's Licence Application) Regulations 2018 (S.I. No. 398 of 2018), made 4 October 2018, 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 28 of 2006


ROAD TRAFFIC AND TRANSPORT ACT 2006

REVISED

Updated to 4 October 2018


Introduction

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

Related legislation

Road Traffic Acts 1961 to 2011 : this Act is one of a group of Acts previously included in this collective citation ( Road Traffic Act 2011, s. 5(3)). The provision of this Act included in the collective citation (s. 1) was repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(g), S.I. No. 544 of 2011.

This Act is one of a group of Acts to be construed together as one ( Road Transport Act 2011 (31/2011), s. 23(2)). The Acts in this group are:

Road Transport Act 1933 (8/1933)

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

Road Transport Act 2011

Annotations

This revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

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 1982, 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

Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016)

Road Transport Act 2011 (31/2011)

Road Traffic Act 2010 (25/2010)

Public Transport Regulation Act 2009 (37/2009)

Dublin Transport Authority Act 2008 (15/2008)

All Acts up to and including Mental Health (Renewal Orders) Act 2018 (23/2018), enacted 3 October 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Road Transport (Operator’s Licence Application) Regulations 2018 (S.I. No. 398 of 2018)

European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011)

European Communities (Road Haulage and Road Passenger Transport Operator’s Licences) Regulations 2009 (S.I. No. 318 of 2009)

All statutory instruments up to and including Road Transport (Operator’s Licence Application) Regulations 2018 (S.I. No. 398 of 2018), made 4 October 2018, were considered in the preparation of this revision.


Number 28 of 2006


ROAD TRAFFIC AND TRANSPORT ACT 2006

REVISED

Updated to 4 October 2018



Acts Referred to

European Communities Act 1972

1972, No. 27

Nurses Act 1985

1985, No. 18

Road Traffic Act 1994

1994, No. 7

Road Traffic Act 1994

2006, No. 23

Road Traffic Acts 1961 to 2006

Road Transport Act 1933

1933, No. 8

Road Transport Act 1986

1986, No. 16

Road Transport Act 1999

1999, No. 15


Number 28 of 2006


ROAD TRAFFIC AND TRANSPORT ACT 2006

REVISED

Updated to 4 October 2018


AN ACT TO AMEND AND EXTEND PART III OF THE ROAD TRAFFIC ACT 1994 AND TO MAKE PROVISION FOR THE MINISTER FOR TRANSPORT TO GRANT LICENCES TO ROAD HAULAGE AND ROAD PASSENGER TRANSPORT OPERATORS AND TO PROVIDE FOR CONNECTED MATTERS.

[4 th October, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of Act extended (4.12.2011) by European Union (Occupation of Road Transport Operator) Regulations 2011 (S.I. No. 697 of 2011), reg. 4.

4. An operator’s licence under the Road Traffic and Transport Act 2006 constitutes an authorisation for engaging in the occupation of road haulage operator or road passenger transport operator, as the case may be, for the purposes of the EU Regulation.

1
(I)
(II)

Obligation to provide specimen following arrest, etc.

1. F1 [ ]

Annotations:

Amendments:

F1

Repealed (28.10.2011) by Road Traffic Act 2010 (25/2010), s. 33(g), S.I. No. 544 of 2011.

2

Road haulage and road passenger transport operators’ licences.

2.— (1) The Minister may grant, on application, to a person—

( a) an international road haulage operator’s licence that—

(i) entitles the holder to carry on a road haulage business for hire or reward within the State, and

(ii) qualifies the holder to carry on a road haulage business for hire or reward outside the State,

with such vehicles as may be specified on the licence,

( b) a national road haulage operator’s licence that entitles the holder to carry on a road haulage business for hire or reward within the State with such vehicles as may be specified on the licence,

( c) an international road passenger transport operator’s licence that—

(i) entitles the holder to carry on a road passenger transport business for hire or reward within the State, and

(ii) qualifies the holder to carry on a road passenger transport business for hire or reward outside the State,

with such vehicles as may be specified on the licence, or

( d) a national road passenger transport operator’s licence that entitles the holder to carry on a road passenger transport business for hire or reward within the State with such vehicles as may be specified on the licence,

in accordance with subsection (2) and any regulation made under subsection (6) or any requirement of an act of an institution of the European Communities in relation to road haulage or road passenger transport (including regulations made under section 3 of the Act of 1972 giving effect to such a requirement).

(2) An applicant for an operator’s licence shall satisfy the Minister that he or she F2 [ is of good repute, is established in the State, has appropriate financial standing ] and has professional competence as a road transport operator in accordance with any requirement of an act of an institution of the European Communities in relation to road haulage or road passenger transport (including regulations made under section 3 of the Act of 1972 giving effect to such a requirement).

F3 [ (2A) If the Minister considers that a person who holds an operator s licence no longer

( a ) satisfies the requirement that he or she is of good repute,

( b ) is established in the State,

( c ) has appropriate financial standing, or

( d ) has professional competence as a road transport operator,

the Minister may withdraw or suspend the licence.

(2B) The Minister may attach terms or conditions to an operator s licence to be complied with by the holder, which may include conditions relating to vehicle safety, maintenance and standards, duties and responsibilities of transport managers or other management or drivers, environmental standards, operational safety and standards, driving and working time, employment conditions and contracts, vehicle ownership (whether owned, hired or leased), vehicle registration, taxation, tachograph calibration or insurance, notification of changes to operator details, or compliance with any requirement under this Act, the Road Transport Act 2011 , the Road Traffic Acts 1961 to 2011, or under an act of an institution of the European Union relating to road haulage or road passenger transport or legislation giving effect to such an act, including regulations made under the European Communities Act 1972 . ]

(3) An operator’s licence comes into operation on the day, and is valid for the period, stated on it.

(4) Section 1(1) of the Act of 1999 is amended by substituting for the definitions of “international road freight carrier’s licence”, “international road passenger transport operator’s licence”, “the Minister”, “national road freight carrier’s licence”, and “national road passenger transport operator’s licence”, respectively, the following:

“‘international road haulage operator’s licence’ means an international road haulage operator’s licence granted under section 2 of the Road Traffic and Transport Act 2006;

‘international road passenger transport operator’s licence’ means an international road passenger transport operator’s licence granted under section 2 of the Road Traffic and Transport Act 2006;

‘Minister’ means Minister for Transport;

‘national road haulage operator’s licence’ means a national road haulage operator’s licence granted under section 2 of the Road Traffic and Transport Act 2006;

‘national road passenger transport operator’s licence’ means a national road passenger transport operator’s licence granted under section 2 of the Road Traffic and Transport Act 2006;”.

(5) Any operator’s licence granted or deemed to have been granted under section 3 of the Act of 1986 (notwithstanding the repeal of that section by section 23 of the Act of 1999) or under regulations made under section 3 of the Act of 1972 which is in force immediately before the passing of this Act continues in force for the period stated in the licence and continues to have effect as if granted under this section.

(6) The Minister may make regulations in respect of the application for an operator’s licence including any requirements regarding such applications made under an act of an institution of the European Communities in relation to road haulage or road passenger transport.

F3 [ (6A) An application for an operator s licence shall be in such form as the Minister determines.

(6B) An application for an operator s licence and a transport disc may be made in the same application.

(6C) The Minister may refuse to grant an operator s licence until such time as an applicant has complied with any requirements of regulations regarding applications made under subsection (6). ]

(7) Section 13(1) of the Act of 1999 is amended by substituting for paragraph ( b) the following:

“( b) any regulation made under section 3 of the European Communities Act 1972 giving effect to an act of an institution of the European Communities in relation to road haulage, road passenger transport or the issuing of transport discs,”.

(8) In the Act of 1986, the Act of 1999 or any other enactment or in any regulations made under section 3 of the Act of 1972 a reference to—

( a) an international road freight carrier’s licence is to be read as a reference to an international road haulage operator’s licence,

( b) a national road freight carrier’s licence is to be read as a reference to a national road haulage operator’s licence, and

( c) a road freight carrier’s licence is to be read as a reference to a road haulage operator’s licence.

(9) In this section—

“Act of 1972” means European Communities Act 1972;

“Act of 1986” means Road Transport Act 1986;

“Act of 1999” means Road Transport Act 1999;

“Minister” means Minister for Transport;

“operator’s licence” means, as the case may be, an international road haulage operator’s licence, an international road passenger transport operator’s licence, a national road haulage operator’s licence, or a national road passenger transport operator’s licence.

(10) The Road Transport Act 1933 and this section are to be read as one.

Amendments:

F2

Substituted (2.12.2011) by Road Transport Act 2011 (31/2011), s. 19(a), commenced on enactment.

F3

Inserted (2.12.2011) by Road Transport Act 2011 (31/2011), s. 19(b) and (c), commenced on enactment.

Editorial Notes:

E1

Power pursuant to subss. (6), (6A) exercised (4.10.2018) by Road Transport (Operator’s Licence Application) Regulations 2018 (S.I. No. 398 of 2018).

E2

Application for licence under section remains subject to general requirement for disclosure of convictions, as provided (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s. 11, S.I. No. 215 of 2016.

E3

Licence granted under Public Transport Regulation Act 2009 (37/2009), part 2, confirmed revoked where road passenger transport operator’s licence under section is revoked or withdrawn under an act of an institution of the European Communities in relation to road passenger transport, under an Act of the Oireachtas in relation to road passenger transport, or under any regulation made under European Communities Act 1972, s. 3, giving effect to an act of an institution of the European Communities in relation to road passenger transport (1.12.2010) by Public Transport Regulation Act 2009 (37/2009), S.I. No. 566 of 2010.

E4

Public transport services contract must include requirement, where appropriate, that the operator holds an operator’s licence within meaning of subs. (9) as provided (1.12.2009) by Dublin Transport Authority Act 2008 (15/2008), s. 48(3)(n), S.I. No. 458 of 2009.

E5

Disqualification of persons with certain convictions from holding an operator’s licence under section provided (10.09.2009) by European Communities (Road Haulage and Road Passenger Transport Operator’s Licences) Regulations 2009 (S.I. No. 318 of 2009), in effect as per reg. 1(2).

3

Short title.

3.— This Act may be cited as the Road Traffic and Transport Act 2006.