Transport Act 1958

Number 19 of 1958

TRANSPORT ACT 1958

REVISED

Updated to 28 May 2019

This Revised Act is an administrative consolidation of the Transport Act 1958. 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 19 of 1958

TRANSPORT ACT 1958

REVISED

Updated to 28 May 2019

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section
1.	Short title.
2.	Definitions.
3.	Saving for rights of Minister for Posts and Telegraphs.
4.	Laying of orders before Houses of the Oireachtas.
5.	Expenses.
6.	Repeals.

PART II.

General Powers and Duties of Board.

7.	General duties of the Board.
8.	Terms and conditions of carriage.
9.	Level crossings.

PART III.

Finance.

10.	Grants to Board.
11.	C.I.E. 3% Transport Stock, 1955-60, to be a Government loan.
12.	Release of Board from liability to repay advances of £5,623,400 for transport stock interest and temporary borrowing.
13.	Repayable advances of £1,000,000 for capital expenditure to be treated as non-repayable grant.
14.	Compensation of employees whose services are dispensed with or conditions worsened.
15.	Grants in respect of compensation.
16.	Restriction of existing compensation provisions.
17.	Returns in relation to compensation.
18.	Amendment of section 44 of Act of 1950.

PART IV.

Cesser of Train Services and Closing of Railways and Canals.

19.	Termination of train services.
20.	Abandonment of railway lines of Board.
21.	Abandonment of railway lines of other railway companies.
22.	Sale of land of abandoned railway line to public body.
23.	Closing of canal.

PART V.

Road Transport.

24.	Exemption of Board from requirement of passenger licences.
25.	Restriction on initiation and alteration of passenger road services.
26.	Relief from obligation to carry vehicle plate.
27.	Carriage of livestock for neighbouring farmers.
28.	Illegal haulage: second and subsequent offences.
29.	Importation of unladen lorries and tractors.

FIRST SCHEDULE.

Enactments Repealed

SECOND SCHEDULE.

Compensation of Certain officers and servants of the Board whose services are dispensed with

Acts Referred to
Transport Act, 1950	1950, No. 12.
Transport Act, 1955	1955, No. 25.
Railways' Clauses Consolidation Act, 1845	1845, c. 20.
Railways Clauses Act, 1863	1863, c. 92.
Government Loans (Conversion) Act, 1951	1951, No. 12.
Central Fund Act, 1957	1957, No. 2.
Appropriation Act, 1957	1957, No. 15.
Road Transport Act, 1932	1932, No. 2.
Road Transport Act, 1933	1933, No. 8.
Railways Act, 1933	1933, No. 9.
Transport Act, 1944	1944, No. 21.
Local Government Act, 1941	1941, No. 23.
Regulation of Railways Act, 1873	1873, c. 48.
Finance (Excise Duties) (Vehicles) Act, 1952	1952, No. 24.
Probation of Offenders Act, 1907	1907, c. 17.
Road Transport Act, 1935	1935, No. 23.

Number 19 of 1958.

TRANSPORT ACT 1958

REVISED

Updated to 28 May 2019

AN ACT TO MAKE FURTHER PROVISION IN RELATION TO TRANSPORT. [16th July, 1958.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Modifications (not altering text):

Functions transferred and references to “Department of Communications” and “Minister for Communications” construed (31.03.1987) by Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 1987 (S.I. No. 92 of 1987), arts. 3, 4 and sch. part 1, in effect as per art. 1(2).

3.(1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Tourism and Transport.

(2) References to the Department of Communications contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Tourism and Transport.

4.(1) The functions vested in the Minister for Communications—

(a) by or under the Ministers and Secretaries (Amendment) (No. 2) Act, 1983 (No. 40 of 1983), which relate to functions under any of the statutes, and regulations mentioned in Part I and II of the Schedule to this Order, or

(b) by or under any of the statutes, orders or regulations mentioned in Parts III and IV of the Schedule to this Order, or

(c) by or under any of the statutes mentioned in the third column of Part V of the Schedule to this Order at any reference number of any statute mentioned in the second column of that Part of that Schedule at that reference number

are hereby transferred to the Minister for Tourism and Transport.

(2) References to the Minister for Communications contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Tourism and Transport.

...

Schedule

Part 1

Statutes relating to functions vested in the Minister for Communications by the Ministers and Secretaries (Amendment) (No. 2) Act, 1983, which are transferred to the Minister for Tourism and Transport—

...

Transport Act, 1958

...

Editorial Notes:

Act included in European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), sch. 2 (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), in effect as per reg. 1(3).

Previous affecting provision: functions transferred and references to “Minister for Transport” and “Department of Transport” construed (27.12.1983) by Ministers and Secretaries (Amendment) Act 1983 (40/1983), ss. 5 and 6, commenced on enactment; superseded as per C-note above.

Previous affecting provision: functions transferred and references to “Minister for Industry and Commerce” and “Department of Industry and Commerce” construed (27.07.1959) by Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order 1959 (S.I. No. 125 of 1959), arts. 3 and 4; superseded as per E-note above.

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Transport Act 1958