Road Transport Act 1935
Number 23 of 1935
ROAD TRANSPORT ACT 1935
REVISED
Updated to 28 May 2019
This Revised Act is an administrative consolidation of the Road Transport Act 1935. 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 Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, and all statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, 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 23 of 1935.
ROAD TRANSPORT ACT 1935.
REVISED
Updated to 28 May 2019
ARRANGEMENT OF SECTIONS
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Section |
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Restriction on importation of certain lorries and tractors used for the carriage of merchandise. |
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Acts Referred to |
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No. 8 of 1933 |
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No. 17 of 1934 |
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Number 23 of 1935.
ROAD TRANSPORT ACT 1935.
REVISED
Updated to 28 May 2019
AN ACT TO AMEND THE ROAD TRANSPORT ACT, 1933, AND THE ROAD TRANSPORT ACT, 1934, AND TO CONTROL THE IMPORTATION OF CERTAIN MECHANICALLY PROPELLED VEHICLES WHICH ARE BEING USED FOR THE CARRIAGE OF PASSENGERS OR MERCHANDISE. [20th June, 1935.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
Annotations
Modifications (not altering text):
C1
Application of Act affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 63(2) and sch. 2, in effect as per reg. 1(3).
Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites
42. ...
(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.
...
General provisions regarding licences etc
63. ...
(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.
...
SECOND SCHEDULE
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Number |
Year |
Short Title/Citation |
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... 23 ... |
... 1935 ... |
... Road Transport Act, 1935 ... |
C2
Application of Act restricted (30.08.1999) by Road Transport Act 1999 (15/1999), s. 3, S.I. No. 264 of 1999.
Restricted road freight licences.
3.—(1) Notwithstanding anything in the Principal Act or the Road Transport Act, 1935, the Minister may grant, in respect of a vehicle which complies with the conditions specified in section 7(1) of the Road Transport Act, 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 the person 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.
...
C3
Application of Act extended (14.07.1986) by Road Transport Act 1986 (16/1986), s. 17, as amended (1.08.2008) by Dublin Transport Authority Act 2008 (15/2008), s. 117(1)(b), S.I. No. 291 of 2008.
Prosecution of offences by Minister.
17.—[The Road Safety Authority may bring] and prosecute summary proceedings for an offence under—
(a) ... the Road Transport Act, 1935 ...
...
C4
Application of Act extended (14.07.1986) by Road Transport Act 1986 (16/1986), s. 16(1), as amended (30.08.1999) by Road Transport Act 1999 (15/1999), s. 14, S.I. No. 264 of 1999.
Powers of transport officers.
16.—(1) A transport officer shall for the purposes of—
(a) ... the Road Transport Act, 1935 ...
...
have power to do any or all of the following things—
(i) at any time enter a premises or place if he has reasonable grounds for believing that it is used for a purpose connected with road transport [, including the engagement or use by a person in the premises or place of the services of an undertaking for the carriage by road for reward of merchandise in a vehicle] (in this section referred to as “road transport operations”) or that a vehicle used for that purpose is at the premises or in the place and inspect the vehicle and any documents, records, books or recording equipment kept or used in that vehicle, premises or place, as the case may be, for the purposes of road transport operations,
(ii) at any time inspect a vehicle which is stationary and inspect any documents, records, books, goods or recording equipment being carried in or on the vehicle or by the crew kept or used for the purposes of road transport operations,
(iii) require any person at the premises or in the place or in the vehicle to produce to him any document, book or record kept or used for the purposes of road transport operations which is in the power or control of that person,
(iv) inspect, examine and take copies of or extracts from or take away, if necessary for the purposes of inspection or examination, any document, book or record kept or used for the purposes of road transport operations and require the person by whom such document, book or record is kept or who produced the document, book or record to certify a copy thereof as a true copy.
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Editorial Notes:
E1
Previous affecting provision: application of Act restricted (21.05.1971) by Road Transport Act 1971 (8/1971), s. 8, S.I. No. 166 of 1971; repealed (31.10.2005) by Road Transport Act 1999 (15/1999), s. 23 and sch., S.I. No. 683 of 2005.
E2
Previous affecting provision: application of Act extended (8.12.1944) by Transport Act 1944 (21/1944), s. 114(6); repealed (31.10.2005) by Road Transport Act 1999 (15/1999), s. 23 and sch., S.I. No. 683 of 2005.