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Requirement to hold operator’s licence.
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9.— (1) Save as is provided for by this Act or otherwise by law a person shall not engage in the occupation of—
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(a) road haulage operator, without holding a road haulage operator’s licence, or
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(b) road passenger transport operator, without holding a road passenger transport operator’s licence.
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(2) The holder of a relevant operator’s licence shall not permit a vehicle to be used—
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(a) in relation to the occupation of road haulage operator, or
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(b) in relation to the occupation of road passenger transport operator,
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save as is provided for by this Act or otherwise unless the vehicle is for the time being authorised on the operator’s licence and there is in the vehicle or on display, as appropriate, a copy of the operator’s licence showing the vehicle to be so authorised, a transport disc, and an appropriate certified copy of a Community licence.
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(3) A certificate purporting to be signed by an officer of the Minister and to certify that on a specified day or days, or during the whole of a specified period, a specified person was or was not the holder of an operator’s licence authorising him or her to carry on the occupation of road transport operator with such vehicles as may be specified on the certificate shall without proof of the signature of the person purporting to sign the certificate or that he or she was an officer of the Minister be evidence, until the contrary is shown, of the matters purporting to be certified in and by the certificate.
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(4) Where a person is shown to have carried goods by way of road haulage or persons by way of road passenger transport, the person shall be deemed, until the contrary is shown, to have so carried the goods or persons in the course of the occupation of road haulage operator or road passenger transport operator, as the case may be, engaged in by that person.
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(5) A person shall not engage the services of any person for the carriage by road of persons or goods for reward in a vehicle unless—
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(a) the person carrying out the service is the holder of an operator’s licence in respect of that service, or
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(b) the carriage is exempted or one in respect of which an operator’s licence is not required under subsection (7) or otherwise by law.
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(6) A person who contravenes subsection (1), (2) or (5) commits an offence and is liable—
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(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or
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(b) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or to both.
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(7) The types of carriage set out in the Schedule are exempted from the requirement to hold an operator’s licence in the State.
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