S.I. No. 180/1990 - Road Transport Act, 1978 (Section 5) Order, 1990.

S.I. No. 180 of 1990.

ROAD TRANSPORT ACT, 1978 (SECTION 5) ORDER, 1990.

I, SEAMUS BRENNAN, Minister for Tourism and Transport, in exercise of the powers conferred on me by section 5 of the Road Transport Act, 1978 (No. 8 of 1978), and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ) hereby order as follows:

1. This Order may be cited as the Road Transport Act, 1978 (Section 5) Order, 1990.

2. (1) The class of vehicle specified in paragraph (2) of this Article is hereby exempted from the provisions of sections 9 (inserted by the Road Transport Act, 1978 (No. 8 of 1978)) and 34 of the Road Transport Act, 1933 (No. 8 of 1933), and section 7 of the Road Transport Act, 1935 (No. 23 of 1935), as amended.

(2) The class of vehicle referred to in paragraph (1) of this Article is every vehicle—

( a ) that is engaged in the international carriage of goods by road,

( b ) that is operated by a person who is authorised under the law of the United Kingdom of Great Britain and Northern Ireland to carry on a merchandise road transport business, and

( c ) in which is carried—

(i) in case the carriage is for hire or reward, an international road freight vehicle licence or an operator's licence disc relating to the vehicle and issued under the said law, and

(ii) in case the carriage is not for hire or reward—

(I) if the vehicle is operated by a person who carries on business in Northern Ireland, a certificate stating that the carriage is own-account carriage, being a certificate—

(A) in such form as may be approved of by the Minister and the person by whom the licence referred to in clause (i) of this sub-paragraph would fall to be issued in respect of the vehicle if the carriage were for hire or reward, and

(B) issued by a body recognised for the purpose by the last-mentioned person,

and

(II) if the vehicle is operated by a person who carries on business in Great Britain, a restricted operator's licence disc issued under the law aforesaid.

(3) In paragraph (2) of this Article—

"international carriage of goods by road" means carriage

( a ) in either direction, between any point in the State and any point outside the State, or

( b ) in transit through the territory of the State;

"own-account carriage" means carriage of goods in motor vehicles in relation to which the conditions specified in paragraphs (a), (b), (c) and (e) in the second column at reference number 11 of the Schedule (inserted by the European Communities (International Carriage of Goods by Road) Regulations, 1982 ( S.I. No. 358 of 1982 )) to the European Communities (International Carriage of Goods by Road) Regulations, 1980 ( S.I. No. 253 of 1980 ), are complied with.

GIVEN under my Official Seal, this 5th day of July, 1990.

SEAMUS BRENNAN, T.D.,

Minister for Tourism and

Transport.

EXPLANATORY NOTE.

The effect of this Order is that a merchandise licence, a vehicle plate, a licence under section 7 of the Road Transport Act, 1935 or a restricted road freight licence under the Road Transport Acts are not required in respect of vehicles from the United Kingdom while engaged in the international carriage of goods by road within the State. The Order also provides that it will be necessary to have carried on such vehicles, the relevant documentation issued by the United Kingdom authorities showing that they are authorised to be operated internationally.