5.—(1) No person shall operate a vehicle for the carriage—

(a) of passengers under a road passenger transport operator’s licence granted, or a Community licence issued, after the commencement of this subsection, or

(b) of merchandise under a road freight carrier’s licence,

unless a transport disc has been issued in respect of the vehicle.

(2) Where a transport disc has been issued in respect of a vehicle, no person shall—

(a) operate the vehicle unless the disc is displayed in or on the vehicle in accordance with such instructions as may be issued with the disc by the Minister, in a place that enables the disc to be readily visible and accessible for inspection and does not obscure the vision of the operator of the vehicle while it is being driven, or

(b) operate the vehicle if the disc displayed in or on the vehicle is worn or defaced to the extent that the information and markings required to be shown thereon are illegible.

(3) Where—

(a) a vehicle in respect of which a transport disc has been issued ceases to be used in connection with the operation carried on by the holder of the licence to which the vehicle relates, or

(b) the holder of the licence ceases to be lawfully entitled to carry on the operation to which the licence relates,

the holder shall, if the transport disc is removable from the vehicle, within 30 days, remove it and return it to the Minister.

(4) A person who contravenes any provision of this section shall be guilty of an offence and be liable on summary conviction to a fine not exceeding £1,500.

(5) Where a person is charged with an offence under subsection (2)(b), it shall be a defence for the person to show that an application for a replacement transport disc under section 4(4)(a) had been made at the time of the alleged offence.

(6) A certificate signed by an officer of the Minister or a Superintendent of the Garda Síochána stating—

(a) that a transport disc was issued on a specified date to a specified person in respect of a specified vehicle, or

(b) that on a specified date or during a specified period a transport disc was not in effect in respect of a specified person or vehicle,

shall, without proof of the signature or that the person who signed was such officer or Superintendent, be received in evidence in any proceedings under this Act and shall, in the absence of evidence to the contrary, be proof of the facts stated in the certificate.