S.I. No. 116/1934 - Motor Car (International Circulation) (Amendment) Order, 1934.

STATUTORY RULES AND ORDERS. 1934. No. 116.

MOTOR CAR (INTERNATIONAL CIRCULATION) (AMENDMENT) ORDER, 1934.

WHEREAS it is enacted by sub-section (1) of section 1 of the Motor Car (International Circulation) Act, 1909, as adapted by or under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), that the Governor-General of the Irish Free State may by Order upon the advice of the Executive Council for the purpose of giving effect to any convention for facilitating the international circulation of motor cars, provide—

(a) for the grant and authentication of any travelling passes, certificates or authorities which may be of use to persons resident in Saorstát Eireann when temporarily taking their motor cars abroad, or to drivers when proceeding abroad for the purpose of driving motor cars; and

(b) for modifying the provisions of the Motor Car Act, 1903, relating to the registration of motor cars and the licensing of motor car drivers in the case of motor cars brought temporarily into Saorstát Eireann by persons resident abroad, and intending to make only a temporary stay in Saorstát Eireann and drivers entering Saorstát Eireann for the purpose of driving any such cars;

AND it is enacted by sub-section (2) of the said section as so adapted that any modifications of the Motor Car Act, 1903, made by any such Order under the said section shall have effect as if they were contained in that Act, and by sub-section (3) of the said section it is further enacted that any such Order made under the Motor Car (International Circulation) Act, 1909, may be varied or revoked by any such Order subsequently made under that Act;

AND WHEREAS upon the coming into operation of the Road Traffic Act, 1933 (No. 11 of 1933), the Motor Car Act, 1903, will be repealed and new provisions made in lieu thereof;

AND WHEREAS it is enacted by sub-section (2) of section 42 of the Road Traffic Act, 1933 (No. 11 of 1933), that so much of the Motor Car (International Circulation) Act, 1909, as relates to the licensing of drivers shall have effect as though for the references in that Act to the Motor Car Act, 1903, there were substituted references to Part III of the Road Traffic Act, 1933 , (No. 11 of 1933);

AND WHEREAS on the 30th day of March, 1931, an International Convention regarding the taxation of foreign motor vehicles was concluded at Geneva between the countries named therein, and was acceded to by the Irish Free State on the 27th day of November, 1933.

AND WHEREAS Articles 1 to 5 of the said Convention are in the terms set out in the Schedule to this Order;

AND WHEREAS on the 8th day of October, 1931, the Motor Car (International Circulation) Order, 1931 (Statutory Rules and Orders, No. 67 of 1931), was made by the Governor-General of the Irish Free State on the advice of the Executive Council;

NOW, THEREFORE, I, Donal Buckley, Governor-General of the Irish Free State, upon the advice of the Executive Council of the Irish Free State and in exercise of the powers conferred by the Motor Car (International Circulation) Act, 1909, as adapted by or under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and of every and any other power me in this behalf enabling do hereby order as follows:—

PART I. GENERAL.

1. This Order may be cited as the Motor Car (International Circulation) (Amendment) Order, 1934.

2. The Interpretation Act, 1889, applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas passed before the 1st day of January, 1924.

3. In this Order—

the expression "the Minister" means the Minister for Local Government and Public Health;

the expression "the Act" means the Road Traffic Act, 1933 (No. 11 of 1933);

the expression "the Order" means the Motor Car (International Circulation) Order, 1931 (Statutory Rules and Orders, No. 67 of 1931).

4. Article 8 of the Order shall become and be revoked upon the day on which the repeal of the Motor Car Act, 1903, by the Act takes effect, without prejudice to the validity of anything done under the said Article 8.

PART II. SAORSTAT EIREANN CARS GOING ABROAD.

5. The Minister shall be the competent authority referred to in Article 3 and in Article 5 of the said Convention dated the 30th day of March, 1931, regarding the taxation of foreign motor vehicles and he is hereby empowered to carry out in accordance with and subject to the provision of this Order the following duties, that is to say—

(a) the issue of a fiscal permit mentioned in Article 3 of and drawn up in the form set out in the Annex to the said convention, and

(b) in case the vehicle to which any such fiscal permit relates passes into the hands of a new proprietor or possessor or in case the registration number of any such vehicle is changed, the making of the necessary modifications in such fiscal permit.

6. There may be charged—

(a) on the issue of any such fiscal permit a fee not exceeding seven shillings and sixpence, and

(b) on the making of the necessary modifications in any such fiscal permit a fee not exceeding seven shillings and sixpence.

PART III. FOREIGN DRIVERS ARRIVING IN SAORSTAT EIREANN.

7. In the application of Part III of the Act to any person licensed to drive a motor car in pursuance of Article 7 of the Order, the following modifications of the said Part of the Act shall have effect—

(a) sections 24, 25, and 28 of the Act shall not apply to the holder of the international driving permit mentioned in Article 7 of the Order to whom a licence for the driving of a, motor car or motor cars specified in such international driving permit is issued under the said Article 7;

(b) every driving licence issued to the holder of an international driving permit under Article 7 of the Order shall operate and be expressed to operate to licence the person to whom it is issued to drive any mechanically propelled vehicle of the type or types specified in such permit and section 26 of the Act shall be modified and have effect accordingly.

PART IV. DELEGATION OF DUTIES BY MINISTER.

8. The Minister may, subject to such conditions as he thinks fit, authorise by Order one or more associations—

(a) to perform all or any of the duties specified in Article 5 hereof, and

(b) to charge, take, and retain for its own use the fees mentioned in Article 6 hereof.

9. The Minister may at any time by Order revoke or amend an Order made by him under the next preceding Article hereof.

Given under my hand and sealed with the Great Seal of Saorstát Eireann, this 26th day of May, 1934.

DOMHNALL UA BUACHALLA,

Governor-General.

SCHEDULE.

Articles 1 to 5 of an International Convention regarding the taxation of foreign motor vehicles hereinbefore referred to.

ARTICLE 1.

When a motor vehicle registered in the territories of one of the High Contracting Parties circulates temporarily in the territories of another, it shall, under the conditions laid down in the following articles, be exempted from the taxes or charges levied on the circulation or possession of motor vehicles in the territories of that High Contracting Party or in any part of those territories. This exemption shall not include taxes or charges on consumption.

The present Convention shall not, however, apply to vehicles used for the public carriage of passengers for hire or reward, or for the conveyance of goods.

ARTICLE 2.

The exemption provided by Article 1 shall be granted in the territories of each High Contracting Party for one or more periods of stay totalling in all ninety days passed in those territories within a period of one year. This latter period shall be reckoned from the day of the issue of the fiscal permit provided for in Article 3 to the corresponding day in the following year.

In calculating the period of exemption, each day shall be reckoned from midnight to midnight, every fraction of a day counting as a whole day. The day of exit shall, however, not be counted when the day of entry and the day of exit are separated by a period of more than one day.

In calculating the taxes and charges payable for the part of the stay which is in excess of the period of exemption,treatment shall be accorded not less favourable than that granted to vehicles registered in the territories in which the charges and taxes are levied.

ARTICLE 3.

In order to claim the benefit of the exemptions provided in the preceding articles, the vehicle must be furnished with a fiscal permit drawn up in the form set out in the Annex to the present Convention and issued by the competent authority of the territory of registration or by some organisation designated for the purpose by that authority.

The permit shall be presented for endorsement at the frontier Customs offices on arrival in and departure from the territories of the High Contracting Party concerned.

ARTICLE 4.

When a vehicle which has entered the territories of one of the High Contracting Parties under cover of a fiscal permit leaves those territories without an exit visa having been stamped on the permit and without its being possible to establish the date of exit, that permit may be treated in those territories as having no further validity.

ARTICLE 5.

The fiscal permit shall be valid for one year from the date of its issue. Should the vehicle to which the permit relates pass into the hands of a new proprietor or possessor, or should the registration number be changed, the necessary modifications shall be made in the permit by the competent authority or by some organisation designated for the purpose by that authority.

No new permit may be issued for the same vehicle before the expiration of the period of validity indicated above, except in the event of the vehicle's becoming registered in the territories of another High Contracting Party. No duplicate copy of the permit may in any event be issued.