Road Transport Act, 1932

Power to certain companies to engage in road transport.

28.—(1) Every company to which this Part of this Act applies may, subject to the provisions of this section, do all or any of the following things, that is to say:—

(a) engage in or carry on the business of road transport (as construed in relation to such company in accordance with this section) in all or any of its branches in any part of Saorstát Eireann but, in the case of passenger road services, subject to the provisions of this Act;

(b) purchase the whole or any part of or any share or interest in any road transport business carried on by any other person (including any business carried on by such person which is ancillary or incidental to such road transport business) and the property and assets used in or in connection with such service or business;

(c) purchase, hold, transfer, and sell shares in any company carrying on the business of road transport;

(d) lend money to any person carrying on the business of road transport and take security by mortage or otherwise for the repayment of such money;

(e) construct, repair, and maintain for itself or any other person vehicles, machinery, plant, and material for use in or for the purpose of road transport;

(f) enter into contracts in relation to road transport whether carried on by such company or by another person;

(g) use its moneys and funds for the purpose of doing any thing which it is authorised by this section to do and in particular to use for that purpose any money in its hands at the passing of this Act and also any moneys raised under statutory power before the passing of this Act and not required for the purpose for which such moneys were so raised;

(h) anything ancillary or incidental to anything authorised by the foregoing paragraphs of this sub-section.

(2) For the purposes of the foregoing sub-section of this section, the expression “road transport” shall—

(a) in relation to companies to which this Part of this Act applies but which do not at the passing of this Act carry merchandise for reward, be construed as not including the carriage of merchandise, and

(b) in relation to companies to which this Part of this Act applies but which do not at the passing of this Act carry passengers for reward, be construed as not including the carriage of passengers,

and accordingly nothing in this section shall operate to authorise the carriage of merchandise by a company which does not carry merchandise for reward at the passing of this Act or the carriage of passengers by a company which does not carry passengers for reward at the passing of this Act.