Road Transport Act, 1933

Grant of merchandise licences.

12.—(1) Subject to the provisions of the immediately preceding section, the Minister shall grant a merchandise licence to every authorised (merchandise carrying) company which at any time applies to him for such licence in accordance with the said section.

(2) Subject to the provisions of the immediately preceding section, the Minister shall grant a merchandise licence to every existing carrier who before the appointed day applies to him for such licence in accordance with the said section.

(3) Subject to the provisions of the immediately preceding section, the Minister may if he so thinks fit grant a merchandise licence to any shipping company which after the appointed day applies to him for such licence in accordance with the said section.

(4) Where an application is made in accordance with the immediately preceding section after the appointed day by a person other than an authorised (merchandise carrying) company for the grant of a merchandise licence to carry on a merchandise road transport business in respect of a specified class or specified classes of merchandise in a specified area, the following provisions shall have effect, that is to say:—

(a) if the Minister is satisfied that the existing merchandise road transport facilities in such area are inadequate, he shall request such authorised (merchandise carrying) company, as he may select, to provide within such time as he may fix adequate merchandise road transport facilities in such area;

(b) if the said authorised (merchandise carrying) company does not within the said time provide merchandise road transport facilities which are, in the opinion of the Minister, adequate for such area, the Minister may, if he considers it desirable in the public interest so to do, grant such licence to such person.

(5) The Minister shall not at any time grant a merchandise licence to any person other than a person to whom the Minister is required or authorised by this section to grant a merchandise licence.

(6) In this Act the expression “merchandise (existing carrier's) licence” means a merchandise licence granted to an existing carrier in pursuance of sub-section (2) of this section.