Transport Act 1958

Terms and conditions of carriage.

8

8.—(1) In this section—

“charges” includes fares, rates or tolls;

“service” means any of the following—

(a) the conveyance of passengers and their luggage,

(b) the receiving, forwarding, carrying and delivering of merchandise,

(c) any other transport service or facility.

F3[(cc) the provision of parking facilities for vehicles on land belonging to or occupied by the Board, including charges for failure to comply with bye-laws made under section 22(1)(ee) of the Act of 1950,]

(2) The Board may fix, demand, take and recover such charges as the Board thinks fit for any service provided by it.

(3) The Board may attach to any service provided by it such terms and conditions as the Board thinks fit.

(4) Any carriage of merchandise by rail by the Board which is in accordance with the terms and conditions contained in Statutory Rule and Order No. 13 of 1930 shall be deemed to be carriage of that commodity under terms and conditions which are just and reasonable.

(5) Unless otherwise specified in writing by the Board, all merchandise carried by the Board by rail shall be deemed to be carried subject to the terms and conditions contained in Statutory Rule and Order No. 13 of 1930.

(6) The Minister, on the application of the Board, may by order vary (whether by addition, substitution or deletion) the terms and conditions of carriage contained in Statutory Rule and Order No. 13 of 1930, and references in this section (including this subsection) to such terms and conditions shall be construed as references to those terms and conditions as so varied.

(7) Where an application is made under subsection (6), the Board shall, if the Minister so requires, give notice of the application to the public in such form and manner as the Minister directs.

(8) Notwithstanding any rule of law or enactment to the contrary, the Board may refuse any particular traffic offered to it.

Annotations

Amendments:

F3

Inserted (1.08.2008) by Dublin Transport Authority Act 2008 (15/2008), s. 111(1), S.I. No. 291 of 2008.

Modifications (not altering text):

C3

Application of Act restricted (1.05.1990) by International Carriage of Goods by Road Act 1990 (13/1990), s. 3(4), S.I. No. 22 of 1991.

Application of certain enactments in relation to CMR.

3.—...

(4) Notwithstanding section 8 of the Transport Act, 1958, a contract that is entered into by Córas Iompair Éireann or a subsidiary within the meaning of the Companies Act, 1963 ) of Córas Iompair Éireann for the carriage of goods by it, being carriage to which CMR applies, shall be in conformity with the provisions of CMR.

...

C4

Application of section extended (10.07.1971) by Transport (Miscellaneous Provisions) Act 1971 (14/1971), s. 31(1), commenced on enactment.

Extension, modification and amendment of Waterford and Limerick Railway (Deviations) Act, 1851.

31.—(1) Notwithstanding anything in the Act of 1851, the Board may increase the tolls which it is empowered by section 16 of that Act to demand and take in respect of traffic using the bridge mentioned in section 14 of that Act, and such tolls shall be deemed to be charges within the meaning of section 8 of the Act of 1958 and to be charges which the Board may fix, demand, take and recover under that section.

...

Editorial Notes:

E6

The punctuation in subs. (1)(c) and (cc) appears to be incorrect.

E7

Previous affecting provision: application of subs. (8) restricted (10.05.1974) by European Communities (International Carriage of Passengers) Regulations 1974 (S.I. No. 133 of 1974), reg. 3; revoked (17.11.1992) by European Communities (International Carriage of Passengers) Regulations 1992 (S.I. No. 341 of 1992), reg. 9, in force as per reg. 1(2).