Road Transport Act, 1956

Carriage of merchandise in hired vehicle.

2.—(1) Where a mechanically propelled vehicle is hired (except under a hire-purchase agreement within the meaning of the Hire Purchase Act, 1946 (No. 16 of 1946)) and, during the period of hire, is used for the carriage of, or for drawing a vehicle containing, merchandise, the hirer of the vehicle shall be deemed to be carrying on a merchandise road transport business and to be carrying the merchandise in the course of that business.

(2) This section shall not apply to the temporary use of a vehicle hired by the registered owner of a similar vehicle, in substitution for his own vehicle, for—

(a) the carriage of his own goods,

(b) the delivery to his customers of merchandise normally supplied by him in the course of his trade or business, or

(c) the delivery to and collection from customers of merchandise which is to be or has been repaired, cleaned, laundered or dyed by him in the normal course of his trade or business,

provided that his own vehicle is not capable of being used for such purposes solely because of the need for repair or overhaul.