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S.I. No. 227/1979 - European Communities (Combined Road/Rail Carriage of Goods Between Member States) Regulations, 1979.

S.I. No. 227 of 1979.

EUROPEAN COMMUNITIES (COMBINED ROAD/RAIL CARRIAGE OF GOODS BETWEEN MEMBER STATES) REGULATIONS, 1979.

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 75/130/EEC1 (as amended by Council Directive 79/5/EEC2), hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Combined Road/Rail Carriage of Goods between Member States) Regulations, 1979.

(2) These Regulations, in so far as they apply to containers of 20 feet or more and to swap bodies which have no supports, shall cease to have effect after the 31st day of December, 1981.

2. In these Regulations—

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

"the Council Directive" means Council Directive 75/130/EEC1 of 17th February, 1975, as amended by Council Directive 79/5/EEC2 of 19th December, 1978;

"swap body" has the meaning assigned to it by the Council Directive.

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 (inserted by section 4 of the Road Transport Act, 1978 (No. 8 of 1978)) 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.

1 OJ L 48, 22.2.1975, p. 31.

2 OJ L 5, 9.1.1979, p. 33.

5. Section 9 (inserted by section 2 of the Road Transport Act, 1978 (No. 8 of 1978)) 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 4 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 29th day of June, 1979.

PÁDRAIG FAULKNER,

Minister for Tourism and Transport.

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 (as amended by EEC Council Directive No. 79/5/EEC of 19th December, 1978). The purpose of the Directive, as amended, is to free combined road/rail carriage (as defined) from international transport licensing and quota restrictions in cases where the lorry, trailer, semi-trailer (with or without tractor unit), swap body and container of 20 ft. or more 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, insofar as they apply to containers of 20 ft. or more and to swap bodies which have no supports, will expire on 31st December, 1981. In all other respects, the Regulations will continue in force after that date.