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S.I. No. 225/1975 - European Communities (International Carriage of Goods by Road and Rail) Regulations, 1975.

S.I. No. 225 of 1975.

EUROPEAN COMMUNITIES (INTERNATIONAL CARRIAGE OF GOODS BY ROAD AND RAIL) REGULATIONS, 1975.

I, PETER BARRY, T.D., Minister for Transport and Power, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby make the following Regulations :

1. (1) These Regulations may be cited as the European Communities (International Carriage of Goods by Road and Rail) Regulations, 1975.

(2) These Regulations shall come into operation on the 1st day of October, 1975, and shall cease to have effect on the 31st day of December, 1978.

2. In these Regulations—

"combined road/rail carriage" has the meaning assigned to it by Article 1 of the Council Directive;

"the Council Directive" means Council Directive 75/130/EEC* of 17th February, 1975.

*OJ L 48, 22.2.1975, p.31.

3. These Regulations apply to a vehicle engaged in combined road/rail carriage.

4. Notwithstanding section 7 of the Road Transport Act, 1935 (No. 23 of 1935) (as amended by section 29 of the Transport Act, 1958 (No. 19 of 1958)) and section 8 of the Road Transport Act, 1971 (No. 8 of 1971), neither a licence under the said section 7 (as so amended) nor a restricted road freight licence shall be required for the importation into the State of a vehicle to which these Regulations apply.

5. Section 9 (as amended by section 2 of the Road Transport Act, 1971 (No. 8 of 1971)) and section 34 of the Road Transport Act, 1933 (No. 8 of 1933) shall not apply in the case of a vehicle to which these Regulations apply imported into the State in accordance with regulation 4 of these Regulations.

6. A person whose vehicle is engaged in combined road/rail carriage for hire or reward shall comply with the provisions of Article 3 of the Council Directive.

7. (1) The inspection authorities may require a person whose vehicle is being or has been imported into the State in accordance with regulation 4 of these Regulations to prove to their satisfaction as provided for in Article 3 of the Council Directive that the vehicle is engaged in combined road/rail carriage.

(2) In this regulation "the inspection authorities" means a member of the Garda Síochána or an officer of the Revenue Commissioners.

8. A vehicle to which these Regulations apply shall not be used for the delivery in the State of goods which have been loaded on to that vehicle in the State.

9. (1) A person who contravenes regulation 6 or 8 of these Regulations or who fails or refuses to comply with a requirement under regulation 7 of these Regulations shall be guilty of an offence.

(2) A person who is guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £200.

GIVEN under my Official Seal, this 30th day of September, 1975.

PETER BARRY,

Minister for Transport and Power.

EXPLANATORY NOTE.

These Regulations give effect to EEC Council Directive No. 75/130/EEC of 17th February, 1975 on the establishment of common rules for certain types of combined road/rail carriage of goods between Member States. The purpose of the Directive is to free combined road/rail carriage (as defined) from international transport licensing and quota restrictions in cases where the tractor unit, lorry, trailer, semi-trailer or their swop bodies are transported by rail between the nearest suitable rail loading station to the point of loading and the nearest suitable rail unloading station to the point of unloading. The Regulations will be valid until 31st December, 1978.