International Carriage of Goods by Road Act, 1990

Application of certain enactments in relation to CMR.

3.—(1) Notwithstanding section 7 of the Statute of Limitations, 1957 , Part III of that Act shall apply in relation to actions in respect of or arising out of carriage to which CMR applies.

(2) Parts I and II of the Arbitration Act, 1954 , shall apply to arbitrations in respect of or arising out of carriage to which CMR applies as if the arbitrations were pursuant to arbitration agreements and as if CMR were an arbitration agreement, except in so far as the said Part II is inconsistent with CMR or with any rules or procedure authorised or recognised thereby.

(3) The Carriers Act, 1830 , section 7 of the Railway and Canal Traffic Act, 1854 , the Sale of Goods Act, 1893 , and the Sale of Goods and Supply of Services Act, 1980 , shall not apply in relation to contracts for the carriage of goods if the carriage is carriage in relation to which CMR applies.

(4) Notwithstanding section 8 of the Transport Act, 1958 , a contract that is entered into by Córas Iompair Éireann or a subsidiary (within the meaning of the Companies Act, 1963 ) of Córas Iompair Éireann for the carriage of goods by it, being carriage to which CMR applies, shall be in conformity with the provisions of CMR.

(5) (a) A carrier who proposes to unload, destroy or render harmless any goods pursuant to Article 22(2) of CMR—

(i) shall notify

(I) the National Authority for Occupational Safety and Health or a person authorised by that Authority for the purposes of this paragraph, and

(II) the fire authority in whose functional area the proposal is to be carried out or a person authorised by that fire authority for the purposes of this paragraph, and

(III) a member of the Garda Síochána at a Garda Síochána station for the place where the proposal is to be carried out, and

(IV) in the case of any substance known or suspected to be radioactive, the Nuclear Energy Board or a person authorised by that Board for the purposes of this paragraph,

of the proposal in advance of the carrying out of the proposal and, unless it is not reasonably possible to do so, shall do so not less than 24 hours before carrying it out, and

(ii) shall take all practical steps, including compliance with any directions which may be given by, or by a person authorised by, the said Authority, fire authority or Board or by the member of the Garda Síochána concerned, to prevent injury or the risk of injury to any person or damage or the risk of damage to property or the environment.

(b) A carrier who contravenes paragraph (a) shall be guilty of an offence and shall be liable—

(i) on summary conviction, to a fine not exceeding £1,000 or imprisonment for a term not exceeding 12 months or both, or

(ii) on conviction on indictment, to a fine not exceeding £50,000 or imprisonment for a term not exceeding 3 years or both.

(c) A summary offence under this subsection may be brought and prosecuted by the National Authority for Occupational Safety and Health, the Nuclear Energy Board, the fire authority in whose functional area the offence was committed or a member of the Garda Síochána.