S.I. No. 386/1977 - European Communities (Merchandise Road Transport) Regulations, 1977.

S.I. No. 386 of 1977.

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) REGULATIONS, 1977.

I, PÁDRAIG FAULKNER, Minister for Tourism and Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 74/561/EEC of 12 November, 1974, hereby make the following regulations:

1 Citation

1. These Regulations may be cited as the European Communities (Merchandise Road Transport) Regulations, 1977.

2 Definitions

2. (1) In these Regulations—

"the Minister" means the Minister for Tourism and Transport;

"the Act" means the Road Transport Act, 1933 (No. 8 of 1933);

"certificate of competence" means an international certificate of competence or a national certificate of competence;

"the Council Directive" means Council Directive No. 74/561/EEC of 12 November, 1974 (a);

(a) OJ No. L 308/18 19 November, 1974.

"goods" does not include passengers' luggage or mails but does include anything which is merchandise within the meaning of section 2 of the Act;

"grant" in relation to a merchandise licence includes "transfer";

"national certificate of competence" means a certificate granted under paragraph 1 (i) of Regulation 13 of the Regulations;

"international certificate of competence" means a certificate granted under paragraphs (1) (ii), (2), (3) (a) or (4) of Regulation 13 of these Regulations;

"international road freight certificate" and "national road freight certificate" have the meanings assigned to them respectively by Regulation 5 (1) of the Regulations;

"merchandise" and "merchandise road transport" have the meanings assigned to them, respectively, by section 2 of the Act;

"merchandise licence" has the meaning assigned to it by section 9 of the Act;

"provision (a)", "provision (b)" and "provision (c)" mean, respectively, provision (a), provision (b) and provision (c) of Article 3 of the Council Directive;

"the register" has the meaning assigned to it by Regulation 15;

"road freight certificate" means an international road freight certificate or a national road freight certificate.

(2) These Regulations shall not be construed as applying to a person by reason only of the fact that the person is deemed under section 2 of the Road Transport Act, 1956 (No. 13 of 1956), to be carrying on a road transport business.

(3) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in that Directive.

3 Operators of merchandise road transport business to hold road freight certificates.

3. (1) Subject to paragraph (2) of this Regulation, as on and from the 1st day of January, 1978, it shall not be lawful for any person engaged in the occupation of road haulage operator to carry goods unless such person is the holder of—

( a ) in case the goods are being carried from or to a place outside the State, an international road freight certificate,

( b ) in case the goods are being carried from a place within the State to another place within the State, either an international road freight certificate or a national road freight certificate.

(2) The restrictions imposed by paragraph (1) of this Regulation shall not apply where—

( a ) the carriage is in a vehicle or a combination of vehicles (including a trailer or a semi-trailer) which does not exceed 2·5 metric tons unladen weight or which has a permissible maximum total laden weight of not more than 6 metric tons,

( b ) the carriage is within the State and is confined to—

(i) cattle, sheep or pigs,

(ii) turf,

(iii) milk to a creamery or a cream separating station,

(iv) separated milk from a creamery or a cream separating station,

(v) milk containers to or from a creamery or a cream separating station,

( c ) the carriage is within the State and is carriage permitted by section 27 of the Transport Act, 1958 (No. 19 of 1958), or

( d ) the carriage is by means of a lorry or tractor which complies with the conditions specified in section 7 (1) 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 which is used in the course of international transport.

(3) For the purposes of paragraph (2) (b) of this Regulation, 2·5 metric tons unladen weight shall be deemed to be equivalent to 6 metric tons permissible maximum total laden weight.

(4) The requirements of paragraph (1) of this Regulation are in addition to and not in substitution for those of section 9 of the Act.

4 Restrictions on grant or renewal of merchandise licences.

4. (1) Where on or after the 1st day of January, 1978, an application is made to the Minister for the grant or renewal of a merchandise licence, the Minister shall only allow the application if the applicant is the holder of a road freight certificate which is for the time being in force.

(2) The provisions of paragraph (1) of this Regulation are in addition to and not in substitution for any requirement of the Act, or any regulation made thereunder which is for the time being in force, which relates to the grant or renewal of merchandise licences.

5 Grant or renewal of road freight certificates.

5. (1) ( a ) Subject to the provisions of this Regulation the Minister may grant certificates for the purposes of this Regulation, and any such certificate is in these Regulations referred to as an "international road freight certificate" or a "national road freight certificate" or by referring to a road freight certificate.

( b ) The Minister may attach conditions to a road freight certificate and vary such conditions, and any conditions so attached to such a certificate shall be in addition to the conditions referred to in paragraphs (3) and (5) of this Regulation.

( c ) The Minister may renew a road freight certificate granted on an application described in paragraph (7) of this Regulation.

(2) The Minister shall grant an international road freight certificate to every person who on the commencement of these Regulations is the holder of a merchandise licence which he first held before the 1st day of January, 1975.

(3) The Minister shall grant an international road freight certificate to every person who is the holder of a merchandise licence which he first held neither earlier than the 1st day of January, 1975 nor later than the 31st day of December, 1977, subject to the following condition, namely, that if such person wishes to continue to hold the certificate after the 31st day of December, 1979, he shall not later than that day satisfy the Minister that,

(i) the requirements of provision (c) are complied with by him, or

(ii) in case the holder is an individual and does not satisfy provision (c), he has designated another person who satisfies the said requirements, and who will continuously and effectively manage the merchandise road transport business carried on by the said holder, or

(iii) in case the holder is an undertaking, the said requirements are satisfied by an individual designated by the undertaking and who both,

( a ) satisfies the requirements of provision (c) and

( b ) will continuously and effectively manage the merchandise road transport business carried on by the said holder,

and in case the said holder does not satisfy the Minister, in accordance with the foregoing, then on the expiration of the 31st day of December, 1979, the certificate shall cease to have effect.

(4) Where an application is made to the Minister to grant under this Regulation a road freight certificate and the applicant satisfies the Minister that he is carrying on a merchandise road transport business which he lawfully carried on, prior to the 1st day of January, 1975, and that the certificate is required by the applicant for the purpose of complying with Regulation 3 (1) of these Regulations, in so far as it applies to the business, the Minister shall allow the application and grant to the applicant an international road freight certificate.

(5) Where an application is made to the Minister to grant under this Regulation a road freight certificate and the applicant satisfies the Minister that he is carrying on a merchandise road transport business which he established and lawfully carried on, neither earlier than the 1st day of January, 1975 nor later than the 31st day of December, 1977, and that the certificate is required by the applicant for the purpose of complying with Regulation 3 (1) of these Regulations in so far as it applies to the business, the Minister shall allow the application and grant to the applicant an international road freight certificate, but the application shall be allowed subject to, and only subject to, the condition specified in paragraph (3) of this Regulation, and in case the applicant does not satisfy the Minister in accordance with the said condition, then on the expiration of the 31st day of December, 1979, the certificate shall cease to have effect.

(6) In case an applicant gives to the Minister a national certificate of competence in pursuance of paragraph (3) or (5) of this Regulation, the Minister shall cancel the international road freight certificate granted by him pursuant to paragraph (3) or paragraph (5), as the case may be, as on and from the 1st day of January, 1980 (which he is hereby empowered to do) and in lieu thereof grant to the applicant a national road freight certificate having effect as on and from that day.

(7) For the purposes of paragraphs (11), (12), (13), (14) and (15) of this Regulation, an application made to the Minister for the grant or renewal of a road freight certificate, other than an application described in paragraph (4) or paragraph (5) of this Regulation, shall be in such form and contain such particulars as the Minister may require and without prejudice to the generality of the foregoing such an application shall be accompanied by the following:

( a ) subject to paragraph (16) of this Regulation, particulars of any relevant offence of which the applicant has been convicted,

(i) in case the application is for the grant of such a certificate, during the period of three years ending on the date of the application,

(ii) in case the application is for the first renewal of such a certificate, since the date of the application for the grant of the certificate,

(iii) in case the application is for a renewal of such certificate other than the first renewal, since the date of the application for the last renewal of the certificate,

together with, in case an individual is designated by the applicant in pursuance of paragraph (8) of this Regulation, particulars of any relevant offence of what that person has been so convicted,

( b ) A certificate of competence granted to the applicant or to a person designated by the applicant in accordance with these Regulations and which shall be,

(i) in case the applicant intends to operate a merchandise road transport business only within the State, a national certificate of competence,

(ii) in case the applicant intends otherwise to operate such a business an international certificate of competence, and

( c ) in case the application is for the grant of such a certificate,

(i) a declaration in the form set out in the First Schedule to these Regulations,

(ii) particulars of the number and class or description of any motor vehicles available for use in the relevant merchandise road transport business or proposed such business, or

(iii) particulars of the financial resources available as regards the relevant such business.

(8) Where an application referred to in paragraph (7) of this Regulation is made, the Minister shall not allow the application unless he is satisfied that,

( a ) the requirements of provision (a), provision (b) and provision (c) are complied with by the applicant, or

( b ) in case the applicant is an individual who does not satisfy provision (c) that he satisfies provision (a) and provision (b) and that he has designated another individual who both,

(i) satisfies the requirements of provision (a) and provision (c), and

(ii) will continuously and effectively manage the merchandise road transport business carried on, or as may be appropriate, proposed to be carried on by the applicant, or

( c ) in case the applicant is an undertaking which satisfies provision (b) that the requirements both of provision (a) and provision (c) are satisfied by an individual designated by the undertaking and that such individual will continuously and effectively manage the relevant merchandise road transport business or, where appropriate, proposed such business.

(9) The Minister may require any particulars given to him in relation to an application mentioned in paragraph (7) of this Regulation to be contained in a statutory declaration or in an affidavit sworn in such manner as the Minister shall specify or to be contained in a statement by a person specified by the Minister or by a person who is of a class or description so specified.

(10) The declaration referred to in paragraph (7) (c) (i) of this Regulation shall be made and subscribed by,

(i) in case the applicant is an individual, the applicant,

(ii) in case the applicant is an undertaking, a director or the secretary, or any other officer or servant or member of the undertaking who the Minister is satisfied is authorised to make the declaration.

(11) On an application for the grant or renewal of a road freight certificate, the Minister may, in considering whether or not a person satisfies the requirements of provision (a) take into account any conviction of the person for an offence which is a conviction of which particulars are by these Regulations required to be given by the applicant.

(12) In relation to an application for the grant or renewal of a road freight certificate, the requirements of provision (c) shall, for the purposes of these Regulations, be regarded as being satisfied if the applicant is,

( a ) in case the applicant operates or intends to operate a merchandise road transport business only within the State, the holder of a national certificate of competence,

( b ) in any other case, the holder of an international certificate of competence.

(13) For the purposes of these Regulations a person may prove that he has available for use, or the resources to provide, a road transport vehicle by satisfying the Minister that,

( a ) such a vehicle is registered in his name under the Roads Act, 1920, or is insured by him for the purpose of complying with the requirements as to insurance of the Road Traffic Act, 1961 (No. 24 of 1961), or

( b ) he has made suitable arrangements to lease such a vehicle for a period of not less than one year or that he has made suitable financial arrangements (whether by way of hire purchase, credit sale or otherwise) to enable such a vehicle to be acquired by or provided for him.

(14) In considering whether or not an applicant for a road freight certificate complies with the requirements of provision (b) the Minister shall have regard to any reference, financial statement or other document prepared by a bank or other financial institution which may be sent to the Minister by the applicant.

(15) Pending the co-ordination mentioned in Article 3 (3) of the Council Directive, the requirements of provision (b) shall for the purposes of these Regulations be regarded as being satisfied if—

( a ) there accompanies an application, a declaration in the form set out in the First Schedule to these Regulations duly made and subscribed, and

( b ) the applicant proves that,

(i) the applicant owns, or has available for use, or has the resources to provide, a vehicle or vehicles to be used in the relevant merchandise road transport business, or

(ii) sufficient resources are available to ensure the establishment and proper administration of the business.

(16) Nothing in this Regulation shall be construed as requiring to be given to the Minister particulars of any offence in relation to which a court applied the Probation of Offenders Act, 1907.

(17) In this Regulation "relevant offence" means,

( a ) any offence under the Roads Act, 1920,

( b ) any offence,

(i) committed by the use (including driving), the attempt so to use or the permitting so to be used, or which otherwise arose in relation to a mechanically propelled vehicle that at the time of the offence was used for or in connection with the transport of merchandise by road, and

(ii) which is an offence under the Road Traffic Act, 1961 (No. 24 of 1961), which is an offence specified in the Second Schedule to that Act, as amended,

( c ) an offence under the Act and on conviction for which a penalty of £50 or more is imposed,

( d ) any offence under these Regulations.

6 Commencement and duration of road freight certificates.

6. (1) Subject to the conditions referred to in paragraphs (3) and (5) of Regulation 5 of these Regulations and to paragraph (6) of that Regulation, a road freight certificate granted under paragraphs (2), (3), (4), (5) or (6) of that Regulation shall, subject to Regulations 7 (2), 8 (4) and 9 (1) of these Regulations, remain in force until the holder of the certificate ceases to carry on the merchandise road transport business by reason of the carrying on of which the certificate was granted.

(2) A road freight certificate granted under these Regulations, other than a road freight certificate mentioned in paragraph (1) of this Regulation, shall come into force on the day on which it is granted and, subject to Regulations 7 (2), 8 (4) and 9(1) of these Regulations, shall remain in force until the 30th day of June in the next year following the year in which it is granted.

(3) In case the Minister renews a road freight certificate, subject to Regulations 7 (2), 8 (4) and 9 (1) of these Regulations, such certificate shall continue in force from the date of the renewal to the next following 30th day of June.

7 Death or incapacity of holder of road freight certificate.

7. (1) Where,

( a ) the holder of a road freight certificate dies or becomes permanently incapable through ill-health of carrying on or managing the relevant merchandise road transport business,

( b ) the holder has or is survived by a relative, as the case may be, and

( c ) the Minister is satisfied that the relative satisfies the requirements of provision (a) and that prior to the aforesaid death or incapacity such relative has had not less than three years' experience in the day-to-day conduct of the relevant such business,

then, notwithstanding anything otherwise contained in these Regulations, the Minister may, on an application being made in that behalf grant under this Regulation to such relative—

(i) in case the said holder holds or held an international road freight certificate, an international road freight certificate, and

(ii) in case the said holder holds or held a national road freight certificate, a national road freight certificate,

and the holding of the certificate by such relative shall satisfy the requirements of Regulation 3 (1) of these Regulations in so far as they relate to the said merchandise road transport business.

(2) In case the Minister grants a road freight certificate under this Regulation, then notwithstanding anything contained in Regulation 6 of these Regulations the road freight certificate held by a person by reason of whose death or incapacity the application is granted shall where necessary be deemed to have remained in force up to such granting by the Minister and in case the Minister so grants a road freight certificate by reason of the incapacity of a person he shall at the same time cancel (which he is hereby empowered to do) the road freight certificate held by the person.

(3) For the purposes of this Regulation each of the following persons and no other person shall be the relative of the holder of a road freight certificate, namely, the spouse of such holder, any person related by blood to such holder in the first, second or third degree and the spouse of any person so related.

8 Temporary permission to carry on business.

8. (1) Where the holder of a road freight certificate dies or becomes incapable through ill-health of carrying on or managing the relevant merchandise road transport business, or where a person designated in pursuance of Regulation 5 of these Regulations becomes incapable through ill-health of carrying on or managing such business, the Minister may, if he is satisfied that it is necessary in order to avoid hardship, grant a permission under this Regulation on an application being made to him in that behalf by or on behalf of such holder or person or the personal representative of such holder or person.

(2) Notwithstanding anything otherwise contained in these Regulations a permission under this Regulation shall authorise the merchandise road transport business to which the permission relates to be carried on either by the person named therein or, as may be so specified, by such person subject to its being managed by another person so named.

(3) ( a ) A permission under this Regulation shall remain in force for a period not exceeding one year beginning on the date on which it is granted.

( b ) A permission under this Regulation may be renewed or extended by the Minister for a specified period on an application being made to the Minister by the person to whom the permission was granted, but a permission under this Regulation shall not be renewed or extended under this paragraph so as to have effect at any time after the expiration of the period of eighteen months beginning on the day on which the permission was granted.

(4) In case the Minister grants a permission under this Regulation, then notwithstanding anything contained in Regulation 6 of these Regulations the road freight certificate held by the person by reason of whose death or incapacity the application is granted shall be deemed to have remained in force up to such granting by the Minister, and, in case of a death, from the date of the death to have been held by the applicant.

9 Suspension or revocation of road freight certificate.

9. (1) Where in relation to a road freight certificate the Minister is at any time satisfied that,

( a ) any relevant requirement is not satisfied, and

( b ) an application under Regulation 7 or 8 of these Regulations in relation to the certificate has not been received by the Minister,

he may, if he thinks fit, suspend or revoke the certificate.

(2) Where in relation to a road freight certificate it at any time appears to the Minister that it is likely that, for the time being a relevant requirement is not satisfied, then the Minister may serve on such holder or individual a notice (in this Regulation subsequently referred to as a "warning notice").

(3) A warning notice shall,

( a ) refer to the road freight certificate concerned,

( b ) specify the relevant requirement as regards which it appears to the Minister that it is likely that it is not satisfied,

( c ) require the person on whom the notice is served to take such steps (if any) as are adequate to ensure compliance with the said relevant requirement,

and such notice shall contain a warning that if the said relevant requirement is not complied with the certificate to which the notice relates may, if the Minister thinks fit, be suspended or revoked by him under these Regulations.

(4) In case the Minister suspends under this Regulation a road freight certificate, the certificate shall cease to have effect until the suspension is lifted by the Minister (which lifting the Minister is hereby empowered to do).

(5) In this Regulation "relevant requirement" means,

( a ) in relation to a road freight certificate granted in pursuance of an application mentioned in Regulation 5 (7) of these Regulations, a requirement mentioned in Regulation 5 (8) of these Regulations or in case the certificate has been renewed, a requirement of these Regulations which at the time of the renewal or last renewal, as may be appropriate, of the certificate was required to be and was satisfied,

( b ) in relation to any other road freight certificate, a requirement as to the carrying on of the relevant merchandise road transport business by the holder of the certificate.

10 Appeal.

10. (1) In case the Minister refuses an application under these Regulations or suspends or revokes a road freight certificate, he shall as soon as may be by notice in writing inform the applicant or holder of the certificate concerned, as may be appropriate, of his decision and the reasons therefor, and the applicant or holder may at any time within the period of twenty-eight days beginning on the date of the notice apply in writing to the Minister to review the decision.

(2) In case an application is made to the Minister under paragraph (1) of this Regulation to review a decision, if on considering the application the Minister is satisfied by the applicant that, having regard to facts and circumstances specified by the applicant, the decision is not appropriate, he may substitute for the decision such other decision as he considers appropriate.

(3) In case the Minister refuses an application under these Regulations (other than paragraph (2) of this Regulation) or suspends or revokes a road freight certificate and, where there is an appeal under paragraph (4) of this Regulation against the decision no such appeal is taken his decision shall have effect—

(i) in case no application is made under the said paragraph (2) as regards the decision and the period during which such an application may be made has expired, as on and from the expiration of that period, and

(ii) in case such an application is made and the Minister does not substitute for the decision another decision or the application is withdrawn, as on and from either the determination of the application or the withdrawal, as may be appropriate.

(4) In case the Minister refuses an application under these Regulations or suspends or revokes a road freight certificate and the reason, or one of the reasons, for his decision is that he is satisfied that the applicant does not satisfy or the holder of the certificate no longer satisfies the requirement of provision (a), the following provisions shall apply, namely:

( a ) in case the applicant or holder of the certificate is aggrieved by the decision he may appeal to the District Court against the decision in accordance with sub-paragraph (b) of this paragraph;

( b ) an appeal under this paragraph shall be brought not later than twenty-one days after the decision comes into effect and shall be brought against the decision in so far, and only in so far, as the decision was made for the said reason, and in determining the appeal the Justice may—

(i) if he is satisfied that the decision was properly made for the said reason, confirm the decision, and

(ii) if he is not so satisfied, annul the decision and in the case of a refusal by the Minister of an application under these Regulations, direct the Minister to allow the application;

( c ) the decision of the Minister shall have effect,

(i) in case no appeal is taken against the decision and the period during which such an appeal may be taken has expired, as on and from the expiration of that period, and

(ii) in case such an appeal is taken and the decision is confirmed on appeal or the appeal is withdrawn, as on and from such confirmation or withdrawal.

(5) In case a direction is given to the Minister under paragraph (4) (b) (ii) of this Regulation, the Minister shall comply with the direction.

11 Professional competence.

11. The Minister is hereby designated as the competent authority for the purposes of Article 3 of the Council Directive and the issue of a certificate of competence under these Regulations by the Minister shall constitute recognition by the Minister of the possession by the person to whom the certificate relates of skill in the subjects listed either in Part A of the Annex to the Directive or in Part B of such Annex, as may be specified in the certificate.

12 Examinations and courses.

12. The Minister may conduct, or appoint a person to conduct on his behalf, examinations for the purposes of these Regulations and he may in relation to such examinations provide or arrange for the provision of courses of instruction and training.

13 Certificates of competence.

13. (1) Where a person undergoes an examination held for the purposes of these Regulations by or on behalf of the Minister, then the Minister shall, on receipt of an application in that behalf and on payment of the appropriate fee (if any), grant to the person,

(i) in case at the examination the person passes each of the subjects mentioned at A of the Annex to the Council Directive, a certificate which for the purposes of these Regulations shall be known, as a "national certificate of competence",

(ii) in case the person so passes each of the subjects mentioned at B in the Annex to the Council Directive, a certificate which for the purposes of these Regulations shall be known, as an "international certificate of competence".

(2) Where a person who before the 1st day of January, 1975, held a merchandise licence, lawfully carried on a merchandise road transport business or effectively and continuously managed a merchandise road transport business so carried on, wishes to obtain an international certificate of competence, he may apply to the Minister therefor and the Minister shall, on such an application being received and on payment of the appropriate fee (if any), grant to the person an international certificate of competence.

(3) ( a ) Where a person who,

(i) neither earlier than the 1st day of January, 1975, nor later than the 31st day of December, 1977, has commenced to hold a merchandise licence or either lawfully established a merchandise road transport business or commenced to manage continuously and effectively a merchandise road transport business lawfully carried on, and

(ii) has held the licence or so carried on or managed such business for not less than three years, or so carried on or managed two or more such businesses for periods the aggregate of which is not less than three years,

wishes to obtain an international certificate of competence, he may apply to the Minister therefor and the Minister, on such an application being received not later than the 31st day of December, 1979, and on payment of the appropriate fee (if any), shall grant to the person an international certificate of competence.

( b ) Where pursuant to subparagraph (a) of this paragraph, the Minister grants a certificate of competence, the Minister shall specify in the certificate the period or the aggregate of periods taken into account by the Minister under that subparagraph.

(4) Where a person who holds a qualification which is a qualification specified in the Second Schedule to these Regulations, or any other qualification which the Minister is satisfied is equivalent to a qualification so specified, makes an application to the Minister for the grant of an international certificate of competence, then on being satisfied that the person holds the qualification and on payment to him by the person of the appropriate fee (if any), the Minister shall grant to the person an international certificate of competence.

(5) ( a ) Where a person satisfies the Minister that he holds a qualification and that the holding of such qualification implies that the holder thereof has a knowledge sufficient for the purposes of these Regulations of one or more of the subjects listed in the Annex to the Directive, the Minister may grant to the person an exemption as regards that subject or subjects.

( b ) In case the Minister grants an exemption under this Regulation, then for the purposes of paragraph (1) of this Regulation the person shall be deemed to have passed an examination, held for the purposes of these Regulations, in the subject or each of the subjects to which the exemption relates.

14 Fees.

14. (1) There shall be paid to the Minister as regards—

( a ) the grant or renewal by him of a road freight certificate,

( b ) the granting by him of a certificate of competence under these Regulations,

( c ) undergoing an examination conducted by him under and for the purposes of these Regulations,

( d ) attendance at courses of instruction and training provided by him under these Regulations,

such fees (if any) as may be fixed by the Minister with the consent of the Minister for Finance.

(2) The following provisions shall have effect in relation to all fees payable to the Minister under this Regulation, namely:

( a ) the fees shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall be paid into the Exchequer in accordance with the directions of the Minister for Finance,

( b ) the Public Offices Fees Act, 1879, shall not apply in respect of such fees.

15 Road freight register.

15. (1) ( a ) The Minister shall, in accordance with the provisions of these Regulations, set up and maintain a register to be known as the Road Freight Register (which register is in these Regulations referred to as "the register").

( b ) The register shall be divided into two parts which parts are in this Regulation referred to as "Part I of the register" and "Part II of the register", respectively.

(2) ( a ) In case the Minister grants a certificate of competence he shall thereupon register in Part I of the register the name and address of the person to whom the certificate is granted, whether the certificate is an international certificate of competence or a national such certificate, and such other particulars (if any) as the Minister, in the circumstances of the case, considers relevant.

( b ) In case the Minister grants a road freight certificate he shall thereupon register in Part II of the register the name and address of the person to whom the certificate is granted, whether the certificate is an international road freight certificate or a national such certificate, and such other particulars (if any) as the Minister, in the circumstances of the case, considers relevant.

(3) As on and from the 1st day of January, 1978, any change in the name or address of a person registered in the register shall be notified by him to the Minister.

(4) The Minister shall permit the register to be inspected during office hours by any person.

16 Notification of death or incapacity.

16. (1) Where the holder of a road freight certificate ceases to carry on or through ill-health becomes incapable of carrying on the relevant merchandise road transport business, he shall, as soon as may be, inform the Minister in writing.

(2) Where the holder of a road freight certificate dies, his personal representative shall, as soon as may be, inform the Minister.

(3) In case a person who for the time being is designated in pursuance of Regulation 5 (8) of these Regulations ceases by death or otherwise to manage, or while employed by the holder of the relevant road freight certificate becomes through ill-health incapable of effectively managing the relevant merchandise road transport business such holder shall, as soon as may be, inform the Minister.

17 Repeal of section 26 and amendment of section 25 of the Act.

17. As on and from the 1st day of January, 1978, section 26 of the Act shall cease to have effect. The provisions of these Regulations in so far as they affect the transfer of merchandise licences shall apply notwithstanding anything in section 25 of the Act.

18 Penalties.

18. (1) A person who contravenes Regulation 3 (1) of these Regulations shall be guilty of an offence and, subject to paragraph (3) of this Regulation, shall be liable on summary conviction thereof to a fine not exceeding fifty pounds together with, in the case of a continuing offence, a fine not exceeding five pounds for every day during which the offence continues.

(2) Any person who for the purpose of obtaining, whether for himself or another, the grant or renewal of a road freight certificate makes a declaration required by these Regulations and which he knows to be false in a material particular or recklessly makes such a declaration which is so false shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.

(3) Where a person is convicted of an offence under paragraph (1) of this Regulation the fine to be imposed in respect of a second offence committed by him within five years after the commission of the first shall be not less than ten pounds and the fine in respect of each subsequent offence committed by him within any period of five years shall be not less than twice the minimum fine prescribed by this paragraph in respect of the immediately preceding offence, subject to a maximum fine of three hundred and twenty pounds.

(4) Section 1 (1) of the Probation of Offenders Act, 1907, shall not apply in relation to an offence to which paragraph (3) of this Regulation applies.

19 Prosecution by Minister.

19. An offence under these Regulations may be prosecuted by the Minister.

FIRST SCHEDULE.

Form of Declaration referred to in Regulation 5 (7) (c) (i).

_________________________

I, ____________________________ , of _______________________________hereby declare that I am neither a bankrupt nor a person in relation to whom there is in existence an arrangement with creditors, whether under the control of a court or otherwise.

SECOND SCHEDULE.

1. Chartered Institute of Transport Intermediate or Final examination pass.

2. University Degree or other third level qualification which has called for a study of transport.

GIVEN under my Official Seal, this 19th day of December, 1977.

PÁDRAIG FAULKNER,

Minister for Tourism and Transport.

EXPLANATORY NOTE.

General

The purpose of the Regulations is to give effect to EEC Council Directive—No. 561/74—on admission to the occupation of road haulage operator. From 1st January, 1978, every person carrying on a merchandise road transport business will need a Road Freight Certificate.

The Regulations are additional to the provisions of the Road Transport Acts relating to merchandise road transport (transport for reward). A Certificate is not a haulage licence and does not confer any right to a haulage licence.

Principal Features

(i) New requirements of good repute, financial standing and professional competence are imposed on persons setting up merchandise road transport businesses on or after 1st January, 1978.

(ii) There are exemptions for persons carrying on such businesses.

( a ) by means of mechanically propelled vehicles not exceeding 2.5 metric tons unladen weight or

( b ) engaged in the domestic haulage of cattle, sheep, pigs, milk to creameries and turf. There is no exemption for haulage out of the State.

(iii) For the purpose of implementation the Regulations provide for the introduction of a Road Freight Certificate and make it an offence for any person to carry on a merchandise road transport business other than a business covered by the exemptions set out in paragraph (ii) unless such a person is the holder of such certificate.

(iv) The Regulations provide for national and international Road Freight Certificates. Persons who engage in both national and international road haulage will require an International Road Freight Certificate. Persons who engage in national road haulage only will require a National Road Freight Certificate.

(v) The Regulations provide for the issue of an International Road Freight Certificate to every holder of a Merchandise Licence who held such licence prior to the 1st January, 1978. A person, however, who obtains such licence for the first time after 31st December, 1974 and before 1st January, 1978 must satisfy the requirement of professional competence before 1st January, 1980 otherwise the Road Freight Certificate will be withdrawn. If the holder after that date is only able to prove competence for national road haulage his International Road Freight Certificate will be replaced by a National Road Freight Certificate. The Regulations also provide for the issue of an International Road Freight Certificate to a person carrying on a merchandise road transport business who requires it for the purposes of these Regulations and who lawfully carried on such business prior to 1st January, 1978. Such person will also have to satisfy the requirement of professional competence where the business was first commenced after 31st December, 1974 and before 1st January, 1978 and the Road Freight Certificate will be withdrawn if this requirement has not been satisfied before 1st January, 1980. If the holder after that date is only able to prove competence for national road haulage the International Road Freight Certificate will be replaced by a National Road Freight Certificate.

The Road Freight Certificate will be issued automatically to all holders of Merchandise Licences but other operators will have to make application and provide proof that they were carrying on a merchandise road transport business prior to 1st January, 1978.

(vi) The Regulations provide for the issue of a Road Freight Certificate to every person who commences a merchandise road transport business to which the Regulations apply on or after 1st January, 1978 if he furnishes proof that he is of good repute, of adequate financial standing and professionally competent. The type of certificate issued will depend on whether the applicant is the holder of a National or International Certificate of Competence.

(vii) The Regulations also provide that the requirement of professional competence may be satisfied by a manager who proves such competence and is of good repute.

(viii) The Regulations lay down the criteria by which fulfilment of the requirements of good repute, financial standing and professional competence may be determined and provide for the conduct of examinations and the issue of Certificates of Competence. The Regulations provide for suspension or revocation of Road Freight Certificates issued to persons setting up merchandise road transport businesses for the first time after 31st December, 1977 where the holder does not continue to satisfy the requirements of good repute, financial standing and professional competence and for suspension or revocation of a road freight certificate granted in respect of a business set up prior to 1st January, 1978 where the holder ceases to carry on such business.

(ix) In general merchandise licences will be transferable only to persons who fulfil the requirements of good repute, financial standing and professional competence but temporary arrangements can be made in the case of the death or incapacity of a licensee.