C13

Prospective affecting provision: section repealed by Road Transport Act 1999 (15/1999), s. 23 and sch. 1, not commenced as of date of revision.

9.—F9[…]

C14

Application of section restricted (7.03.1974) by European Communities (Road Transport) Regulations 1974 (S.I. No. 57 of 1974), reg. 4.

4. Sections 9 and 34 of the Road Transport Act, 1933 (No. 8 of 1933), shall not apply to the holder of a Community authorisation when he is engaged in merchandise road transport authorised by the authorisation.

C15

Application of section restricted (16.07.1958) by Transport Act 1958 (19/1958), s. 27, commenced on enactment; repealed by Road Transport Act 1999 (15/1999), s. 23 and sch., not commenced as of date of revision.

Carriage of livestock for neighbouring farmers.

27.—(1) Notwithstanding section 9 of the Road Transport Act, 1933 , a person whose only or chief occupation is farming may, without being the holder of a merchandise licence, carry for reward in a vehicle drawn by an agricultural tractor owned by him, and in respect of which a duty of excise at the rate specified in subparagraph (c) of paragraph 4 of Part I of the Schedule to the Finance (Excise Duties) (Vehicles) Act, 1952 , is chargeable, livestock owned by a person resident not more than two miles from the carrier’s residence if the livestock are being carried to or from a farm from or to a livestock auction mart or a place where a market or fair, specified by order made by the Minister under this section, is held, on the day on which such auction, market or fair takes place and they are not being carried in either direction on any part of a public road which is more than twenty miles by public road from the carrier’s residence.

(2) The Minister may, by order, specify markets and fairs for the purposes of this section.

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

C16

Minister empowered to order non-application of section (15.11.1955) by Transport (Miscellaneous Provisions) Act 1955 (21/1955), s. 2, commenced on enactment, as amended (29.07.1958) by Agricultural Produce (Cereals) (Amendment) Act 1958 (24/1958), s.23, commenced on enactment; repealed by Road Transport Act 1999 (15/1999), s. 23 and sch., not commenced as of date of revision.

Carriage of milk and of wheat.

“creamery” means premises registered in the Register of Creameries kept under the Dairy Produce Act, 1924 (No. 58 of 1924);

“cream separating station” means premises registered in the Register of Cream Separating Stations kept under that Act.

(2) Section 9 of the Road Transport Act, 1933 (No. 8 of 1933), (which restricts the carriage of merchandise by unlicensed persons) shall not apply to any one or more of the following—

(a) the carriage of milk to a creamery or a cream separating station,

(b) the carriage of separated milk from a creamery or cream separating station,

(c) the carriage of milk containers to or from a creamery or cream separating station.

(3) The Minister may by order provide that, during a specified period, the said section 9 shall not apply to the carriage of wheat by a person authorised by law to act during a particular season as the agent of the licensee of a mill licensed under section 21 of the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933), where the wheat was purchased by the agent for the licensee [or for An Bord Gráin] and is carried in a vehicle owned by the agent.

(4) The Minister may by order revoke an order under subsection (3).

C17

Minister empowered to order non-application of section (15.11.1955) by Transport (Miscellaneous Provisions) Act 1955 (21/1955), s. 3, commenced on enactment.

Maintenance of essential supplies.

3.—(1) The Government, if it appears to them to be necessary to do so in the interests of the public safety or the preservation of the State, or for maintaining supplies and services essential to the life of the community, may by order provide that, during a specified period, section 9 of the Road Transport Act, 1933 (which restricts the carriage of merchandise by unlicensed persons), shall not apply to the carriage of a commodity specified in the order.

(2) The Government may by order revoke an order under subsection (1).

C18

Application of section restricted (31.08.1946) by Turf (Suspension of application of section (1) of the Road Transport Act, 1933) Order 1946 (S.I. No. 267 of 1946), reg. 2.

2. Subsection (1) of section 9 (which prohibits the carrying on of merchandise road transport business by unlicensed persons) of the Road Transport Act, 1933 (No. 8 of 1933), in so far as the said subsection applies to the carriage, in the course of a merchandise road transport business, of turf, shall cease to be in force as on and from the 31st day of August, 1946.

C19

Minister empowered to suspend subs. (1) (1.06.1946) by Turf Development Act 1946 (10/1946), s. 71, commenced on enactment.

Suspension of operation of subsection (1) of section 9 of the Road Transport Act, 1933 in relation to the carriage of turf by road

71.—(1) At any time while the suspendable provisions are, whether by virtue of an order made under subsection (2) of this section or otherwise, in force, the Minister may by order (in this section referred to as a suspending order) declare that the suspendable provisions shall cease to be in force, in relation to the carriage of turf by road, as on and from such date as the Minister thinks fit and specifies in the order.

(2) At any time while the suspendable provisions are, by virtue of a suspending order, not in force, the Minister may, by order (in this section referred to as a reviving order), declare that the suspendable provisions shall again come into force, in relation to the carriage of turf by road, as on and from such date (not being earlier than one month after the date on which the reviving order is made) as the Minister thinks fit and specifies in the order.

(3) Whenever and so often as the Minister makes a suspending order, the following provisions shall have effect:—

(a) subject to the operation of a reviving order, the suspendable provisions shall cease to be in force, in relation to the carriage of turf by road, as on and from the date specified in that behalf in the suspending order;

(b) subsections (1) and (2) of section 21 of the Interpretation Act, 1937 (No. 38 of 1937), shall apply to and have effect in relation to such cesser as if such cesser were a repeal by an Act of the Oireachtas passed on the day on which such cesser takes effect and the suspendable provisions were repealed by such Act of the Oireachtas as on and from that day.

(4) Whenever and so often as the Minister makes a reviving order the suspendable provisions shall, as on and from the date specified in that behalf in such reviving order again come into force in relation to the carriage of turf by road, and shall, subject to the operation of a subsequent suspending order, continue in force.

(5) In this section the expression “the suspendable provisions” means subsection (1) of section 9 of the Road Transport Act, 1933 (No. 8 of 1933).

C20

Further exemptions from application of this section are too numerous to list in detail. They are listed below.

• Application of section restricted (16.02.1996) by Road Transport Act, 1978 (Section 5) Order 1996 (S.I. No. 53 of 1996).

• Application of section restricted (4.04.1995) by Road Transport Act, 1978 (Section 5) Order 1995 (S.I. No. 84 of 1995).

• Application of section restricted (11.03.1994) by European Communities (Combined Transport of Goods Between Member States) Regulations 1994 (S.I. No. 60 of 1994).

• Application of section restricted (13.07.1992) by Road Transport Act, 1978 (Section 5) Order 1992 (S.I. No. 191 of 1992).

• Application of section restricted (24.07.1991) by Road Transport Act, 1978 (Section 5) Order 1991 (S.I. No. 201 of 1991).

• Application of section restricted (5.07.1990) by Road Transport Act, 1978 (Section 5) Order 1990 (S.I. No. 180 of 1990).

• Application of section restricted (16.05.1989) by Road Transport Act, 1978 (Section 5) Order 1989 (S.I. No. 144 of 1989).

• Application of section restricted (2.11.1983) by Road Transport Act, 1978 (Section 5) (No. 2) Order 1983 (S.I. No. 332 of 1983), reg. 2.

• Application of section restricted (2.11.1983) by Road Transport Act, 1978 (Section 5) Order 1983 (S.I. No. 331 of 1983), reg. 2.

• Application of section restricted (9.08.1982) by Road Transport Act, 1978 (Section 5) (No. 4) Order 1982 (S.I. No. 269 of 1982), reg. 2.

• Application of section restricted (9.08.1982) by Road Transport Act, 1978 (Section 5) (No. 3) Order 1982 (S.I. No. 268 of 1982), reg. 2.

• Application of section restricted (9.08.1982) by Road Transport Act, 1978 (Section 5) (No. 2) Order 1982 (S.I. No. 267 of 1982), reg. 2.

• Application of section affected (8.03.1982) by Road Transport Act, 1978 (Section 5) Order 1982 (S.I. No. 41 of 1982), reg. 2.

• Application of section restricted (1.08.1980) by European Communities (International Carriage of Goods by Road) Regulations 1980 (S.I. No. 253 of 1980), reg. 5.

• Application of section restricted (29.05.1980) by Road Transport Act, 1978 (Section 5) Order 1980 (S.I. No. 160 of 1980), reg. 2.