Roads Act 2007

2.

Tolls — definitions.

2.— The following is substituted for section 56 of the Principal Act:

“56.— In this Part—

‘consumer-hire agreement’ and ‘ hire-purchase agreement ’ have the meanings assigned to them, respectively, in the Consumer Credit Act 1995;

‘default toll’ means a toll charged and payable in accordance with bye-laws under section 61 in respect of a mechanically propelled vehicle where the toll initially charged and payable in respect of that vehicle for the use of a toll road has not been paid;

‘licensing records’ means records maintained under section 60(2) (inserted by section 86 of the Finance Act 1994 as amended by section 7 of the Motor Vehicle (Duties and Licences) Act 2003) of the Finance Act 1993;

‘mechanically propelled vehicle’ has the meaning assigned to it by the Act of 1961;

‘owner’ means—

( a) in relation to a vehicle (other than a vehicle specified in paragraph ( b)), the person by whom the vehicle is kept, or

( b) in relation to a vehicle which is the subject of a hire-purchase or consumer-hire agreement, the person in possession of the vehicle under the agreement;

‘registered in the State’ in relation to a vehicle, means the vehicle is entered in the register established and maintained by the Revenue Commissioners under section 131 of the Finance Act 1992 or in respect of which a licence has been taken out under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952;

‘registered owner’ in relation to a vehicle, means where the vehicle—

( a) is registered in the State, the owner of the vehicle whose name is most recently entered in licensing records, or

( b) is used under a trade licence issued under section 21 of the Finance (No. 2) Act 1992, the holder of the licence;

‘road authority’ means—

( a) in the case of a national road — the Authority, and

( b) in the case of a regional road or local road — the local authority in whose functional area the road is situated;

‘road undertaking’ means, in relation to a toll road—

( a) a road authority, or

( b) where the road authority has entered into—

(i) an agreement with another person under section 63 in relation to any of the matters referred to in paragraph ( e) of that section, or

(ii) an arrangement with a partner under section 3(1) of the State Authorities (Public Private Partnership Arrangements) Act 2002 in relation to any of the matters referred to in paragraph ( a) of that subsection,

that other person or partner;

‘toll’ means a toll (including a default toll) chargeable under this Part;

‘toll road’ means a public road or proposed public road in respect of which a toll scheme is in force;

‘toll scheme’ means a scheme under section 57.”.