S.I. No. 60/1994 - European Communities (Combined Transport of Goods Between Member States) Regulations, 1994.

S.I. No. 60 of 1994.

EUROPEAN COMMUNITIES (COMBINED TRANSPORT OF GOODS BETWEEN MEMBER STATES) REGULATIONS, 1994.

I, BRIAN COWEN, Minister for Transport, Energy and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 72 of 1972), and for the purpose of giving affect to Council Directive 92/106/EEC of 7 December 1992¹ hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Combined Transport of Goods between Member States) Regulations, 1994.

2. (1) In these Regulations—

"authorised officer" means a transport officer appointed by the Minister pursuant to section 15 of the Road Transport Act, 1986 (No. 16 of 1986), any officer of Customs and Excise or any member of the Garda Síochána;

"the Council Directive" means Council Directive 92/106/EEC of 7 December 1992¹ on the establishment of common rules for certain types of combined transport of goods between Member States;

"haulier" means an undertaking which is established in a Member State and holds a Community Authorisation under the provisions of Council Regulation (EEC) No. 881/92 of 26 March 1992² which is in force;

"the Minister" means the Minister for Transport, Energy and Communications;

"officer of Customs and Excise" has the same meaning as it has in the Customs Act, 1956 (No. 7 of 1956).

(2) 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 same meaning in these Regulations as it has in that Directive.

¹OJ No. L368 of 17-12-92, p.38.

²OJ No. L95 of 9-4-92, p.1.

3. Notwithstanding anything in section 7 (as amended by section 29 of the Transport Act, 1958 (No. 19 of 1958)) of the Road Transport Act, 1935 (No. 23 of 1935) or in section 8 (inserted by section 8 of the Road Transport Act, 1986 (No. 16 of 1986)) of the Road Transport Act 1971 (No. 8 of 1971), neither a licence under the said section 7 nor a restricted road freight licence under this said section 8 shall be required in respect of the carrying out in the State by a haulier of the initial or final road haulage legs of a combined transport operation between Member States where such legs are an integral part of the combined transport operation and whether or not they include the crossing of a frontier.

4. 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 to a vehicle used in the combined transport of goods between Member States.

5. A haulier who is engaged in a combined transport operation shall comply with the provisions of Article 3 of the Council Directive.

6. An authorised officer may require a haulier who he believes to be engaged in a combined transport operation to produce to him in respect of that operation the transport documents referred to in Article 3 of the Council Directive containing the information required by that Article.

7. (1) A person who contravenes Regulation 5 of these Regulations or who fails or refuses to comply with a requirement under Regulation 6 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 £1,000.

8. The following Regulations are hereby revoked—

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

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

( c ) European Communities (Combined Road/Rail Carriage of Goods between Member States) Regulations, 1982 ( S.I. No. 357 of 1982 ).

GIVEN under my Official Seal, this 11th day of March, 1994.

BRIAN COWEN,

Minister for Transport, Energy and Communications.

EXPLANATORY NOTE.

These Regulations give effect to Council Directive No. 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States. The purpose of the Directive is to liberalise combined transport operations between Member States from all quota systems and systems of authorisation. The Directive repealed Directive No. 75/103/EEC and amending Directives concerning combined transport.