Road Traffic Act 1961

Property left in public service vehicle.

87

87. (1) The Commissioner may, in respect of any area and in respect of all public service vehicles or any class of public service vehicles, make bye-laws for all or any of the following purposes:

( a) requiring the owners, drivers and conductors of public service vehicles to deposit in an appointed place within a specified time property left in the vehicles by passengers therein;

( b) providing for the safe custody of such property and the re-delivery of such property to the owners thereof;

( c) providing for the disposal of all such property which is not re-delivered to the owners thereof and, in particular, making special provision in regard to property which is a live animal or is of a perishable or offensive character;

( d) authorising the charging of fees for re-deliveries;

( e) providing, with the consent of the Minister for Finance, for the disposition of fees, proceeds of sale and other moneys received by the Commissioner in respect of such property, including the payment out of those moneys of rewards to persons depositing property in pursuance of this section.

(2) Bye-laws shall not be made under this section save where the Commissioner is of opinion that, as respects the area and vehicles to which the bye-laws relate, satisfactory provision has not been made for the safe custody, re-delivery and disposal of property left in the vehicles by passengers.

(3) A person who contravenes a bye-law under this section shall be guilty of an offence.

(4) The Commissioner shall cause to be established and kept registers of lost property deposited under this section.

(5) A register kept in pursuance of this section shall be in such form and in respect of such area as the Commissioner directs, and there shall be entered therein all such matters as he directs.

(6) A register kept in pursuance of this section shall be received in evidence without further proof in any legal proceedings on being produced as such register by an officer of the Garda Síochána.

(7) A document purporting to be a copy of an entry in a register kept in pursuance of this section and purporting to be certified by an officer of the Garda Síochána to be a true copy of the entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is shown, be deemed to be a true copy of the entry and to be evidence of the terms of the entry.

(8) A register kept in pursuance of this section shall at all reasonable times be open to inspection by any person on payment of F178 [ the prescribed fee ] .

(9) A person shall be entitled to obtain from the Commissioner a copy, certified in writing by an officer of the Garda Síochána to be a true copy, of any entry in any register kept in pursuance of this section on payment therefor of F178 [ the prescribed fee ] .

Annotations

Amendments:

F178

Substituted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

Modifications (not altering text):

C60

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

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

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

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No. 24 of 1961

Road Traffic Act 1961

Sections 9, 87(1)(e), 101(11) and (12) and 120(2)

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Editorial Notes:

E776

Power pursuant to section exercised (23.04.2010) by Small Public Service Vehicles (Dublin) (Lost Property) Bye-laws 2010 (S.I. No. 175 of 2010).

E777

Previous affecting provision: power pursuant to section exercised (30.11.1983) by Street Service Vehicles (Dublin) (Lost Property) Bye-Laws 1983 (S.I. No. 365 of 1983); revoked (23.04.2010) with transitional provisions by Small Public Service Vehicles (Dublin) (Lost Property) Bye-laws 2010 (S.I. No. 175 of 2010), bye-law 5.

E778

Previous affecting provision: power pursuant to section exercised (9.03.1968) by Street Service Vehicles (Dublin) (Lost Property (Amendment) Bye-Laws 1968 (S.I. No. 63 of 1968); revoked (30.11.1983) by Street Service Vehicles (Dublin) (Lost Property) Bye-Laws 1983 (S.I. No. 365 of 1983), bye-law 3.

E779

Previous affecting provision: power pursuant to section exercised (18.02.1963) by Street Service Vehicles (Dublin) (Lost Property) Bye-Laws 1963 (S.I. No. 32 of 1963); revoked (30.11.1983) by Street Service Vehicles (Dublin) (Lost Property) Bye-Laws 1983 (S.I. No. 365 of 1983), bye-law 3.