Road Transport Act 1978

Amendment of section 14 of Principal Act, and consequential provisions.

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3.—(1) The following section is hereby substituted for section 14 of the Principal Act, as amended by the Act of 1971:

“14.—(1) Every merchandise licence granted in pursuance of an application shall—

(a) operate and be expressed to authorise the licensee under such licence to carry on a merchandise road transport business in respect of the merchandise (or type of merchandise) specified in the application in the area or areas specified in the application, with such number of vehicles as may be specified in the licence and subject to this Act and regulations made thereunder and to any conditions specified in the licence;

(b) state the vehicle plate issuing station at which vehicle plates will be available for issue to the licensee, being the station stated in the application as the station at which the licensee desired that vehicle plates should be available for issue to him;

(c) if it is a merchandise (existing carrier's) licence, be expressed to be such a licence.

(2) Notwithstanding anything in this section, every merchandise (existing carrier's) licence shall operate and be expressed to authorise the licensee under the licence to carry on a merchandise road transport business throughout the State in respect of any merchandise or type of merchandise.

(3) The number of vehicles with which a licensee under a merchandise licence shall be entitled to carry on a merchandise road transport business shall, subject to subsections (4) and (5) of this section and, in the case of a merchandise (existing carrier's) licence, to section 8 of the Road Transport Act, 1978, be—

(a) if the licence is a merchandise (existing carrier's) licence, the number of vehicles specified on the licence on the 1st day of January, 1978, multiplied by six;

(b) in any other case, such number of vehicles as the Minister may from time to time specify on the licence and as are of such description as he may so specify.

(4) The number of vehicles which any one licensee shall be entitled to operate in carrying on a merchandise road transport business (whether under one licence or more than one licence) shall not exceed 80.

(5) Insofar as they relate to the number of vehicles which may be operated under a merchandise licence, the provisions of this section shall not apply to a merchandise licence issued to an authorised (merchandise carrying) company.”.

(2) As soon as practicable after the passing of this Act—

(i) the Minister shall notify the holder of each merchandise (existing carrier's) licence of the amended number of vehicles he is entitled to operate;

(ii) a notification under this subsection shall constitute an amendment of the relevant licence;

(iii) the Minister shall correspondingly amend the particulars of each merchandise (existing carrier's) licence in the register of merchandise licences kept under section 6 of the Act of 1971.

(3) Every holder of a merchandise (existing carrier's) licence shall, as soon as practicable after the passing of this Act, apply to the Minister to have the amended number endorsed on the licence and the Minister shall accede to every such application as soon as practicable.