S.I. No. 61/1991 - Road Transport (Road Freight Carrier's Licence Application Form) Regulations, 1991.

S.I. No. 61 of 1991.

ROAD TRANSPORT (ROAD FREIGHT CARRIER'S LICENCE APPLICATION FORM) REGULATIONS, 1991.

I, SEAMUS BRENNAN, Minister for Tourism, Transport and Communications, in exercise of the powers conferred on me by sections 6 and 11 (as amended by section 2 of the Road Transport Act, 1986 (No. 16 of 1986)) of the Road Transport Act, 1933 (No. 8 of 1933), as adapted by the Tourism and Transport (Alteration of Name of Department and Title of Minister) Order, 1991 ( S.I. No. 25 of 1991 ), hereby make the following Regulations:

1. These Regulations may be cited as the Road Transport (Road Freight Carrier's Licence Application Form) Regulations, 1991.

2. An application for the grant of a carrier's licence shall be in the form contained in the Schedule to these Regulations.

3. The Road Transport (Merchandise Licence Application Form) Regulations, 1988 ( S.I. No. 211 of 1988 ), are hereby revoked.

SCHEDULE.

Road Transport Act, 1933 and Road Transport Act, 1986 .

Road Transport (Road Freight Carrier's Licence Application Form) Regulations, 1991

APPLICATION FOR A ROAD FREIGHT CARRIER'S LICENCE.

To:

The Secretary,

Department of Tourism, Transport and Communications,

Frederick Building,

Setanta Centre,

South Frederick Street,

Dublin 2.

Important: This application cannot be accepted for consideration unless all sections of this form are completed and the necessary attachments are enclosed.

SECTION A

The Applicant

I/We wish to apply for a ___________ (insert National or International as appropriate) Road Freight Carrier's Licence.

1. Full name of applicant:     _______________________________________

2. Description of Applicant:   Please tick as appropriate

( ) COMPANY

( ) COOPERATIVE SOCIETY

( ) PARTNERSHIP

( ) SOLE PROPRIETOR

( ) OTHER — (Please describe)    ________________________________________

____________________________________________________________________________

____________________________________________________________________________

3. Address of base from which the business will at all times be operated and where all relevant documentation will be kept and vehicles normally based: _______________________________

__________________________________________________________________________

__________________________________________________________________________

4. If the Applicant is a company the address of its registered office if different from business address of Applicant: __________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

5. Business Telephone Number: ______________

6. If the Applicant is a company, partnership, cooperative or other body please give the name(s) and private address(es) of each of the current directors, company secretary, partners or members of the committee of management:

7. Please give the address of the Vehicle Plate Issuing Station at which the Applicant desires that vehicle plates should be available for issue: ______________________________________________________________________

______________________________________________________________________

8. Does the Applicant propose to carry:

If YES, to either (a) or (b) above, please give details: _______________________________

_______________________________________________________________________

_______________________________________________________________________

9. In relation to the carriage of dangerous substances:

(i) Is the Applicant aware of the following regulations made by the Minister for Labour governing the conveyance of dangerous substances:—

( a ) Dangerous Substances (Conveyance of Petroleum by Road) Regulations, 1979 ( S.I. No. 314 of 1979 );

( b ) Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) Regulations, 1980 ( S.I. No. 235 of 1980 );

( c ) Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) (Amendment) Regulations, 1986 ( S.I. No. 268 of 1986 ).

YES: ( ) NO: ( )

(ii) Have drivers* who will carry dangerous substances in the course of the business received training under the Regulations referred to at (1) (a) and (b) above?

YES: ( ) NO: ( )

(iii) Have the tanks of all tank vehicles engaged in the carriage of petroleum undergone inspection and certification as required under the regulations referred to at (i) (a) above?

YES: ( ) NO: ( )

(iv) Do the vehicles engaged in the carriage of dangerous substances comply with the provisions of the Regulations at (i) (b) and (c) above?

YES: ( ) NO: ( )

PLEASE NOTE: "The carriage of radioactive materials can only be undertaken for persons or undertakings who hold a licence from the Nuclear Energy Board."

*A driver includes the Applicant, where he is a driver.

SECTION B

Good Repute

1. Please give details of any convictions (excluding any conviction in respect of which a Court applied the Probation of Offenders Act, 1907) for relevant offences in the five-year period prior to the date of making application (these are listed at Appendix A) in respect of the following:—

(i) the Applicant, where the Applicant is an individual; (ii) each of the partners, where the Applicant is a partnership;

(iii) the company, its secretary or any director thereof, where the Applicant is a company;

(iv) the cooperative, its secretary or any member of the committee of management, where the Applicant is a cooperative;

(v) the transport manager, where the transport manager is not the operator, a partner, a director, secretary or member of the committee of management.

(If there were no convictions please write NONE)

(If extra space is required, add a separate sheet to this application.)

SECTION C

Professional Competence

1. If Applicant is to be the transport manager, please state the number of the certificate of Competence held and indicate whether it is National or International: _________________________________

2. If Applicant wishes to designate a transport manager to satisfy the requirement of professional competence, please state:

( a ) Name: ___________________________________________________________________

Private Address: ___________________________________________________________

________________________________________________________________________

________________________________________________________________________

Private Telephone No.: ______________________________________________________

*National/International Certificate of Competence No.: ______________________________

(*Delete whichever is not applicable).

Applicant should make and include an affidavit in the form set out at Appendix B. The designated transport manager should make and include an affidvait in the form set out at Appendix C.

3. What is or will be the total weekly hours of employment of the transport manager?: _____________

4. Has his employment as transport manager been registered with the Revenue Commissioners?: _____

5. Does the transport manager hold any other occupation (either inside or outside the State)?

YES: ( ) NO: ( )

If yes, please furnish details, including the address at which the transport manager is otherwise employed and the total weekly hours of employment:

____________________________________________________________________________

____________________________________________________________________________

6. If the transport manager was the transport manager for any other undertaking, please give details as follows:

Address of employment: _________________________________________________________

____________________________________________________________________________

Period: _______________________________________________________________________

SECTION D

Financial Standing

VEHICLES TO BE OPERATED IN PROPOSED BUSINESS

1. Please insert below the required particulars in respect of each vehicle which the Applicant wishes to operate under the licence:

*Shown on Vehicle Registration Book as "Net Unladen Weight".

(Please continue on a separate sheet, if necessary.)

2. (a) Where the Applicant is an individual, give details of any undischarged bankruptcy of that individual: __________________________________________________________

___________________________________________________________________

___________________________________________________________________

(b) Where the Applicant is a partnership, give details of any undischarged bankruptcy of any of the partners:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________

(c) Where the Applicant is a company, give details of any undischarged bankruptcy of any of its directors or its secretary: _____________________________________________________

________________________________________________________________________

________________________________________________________________________

(d) Where the Applicant is a cooperative, give details of any undischarged bankruptcy of its secretary or any member of the committee of management: ___________________________

_______________________________________________________________________

_______________________________________________________________________

(e) Where the transport manager is a person other than the persons mentioned above, give details of any undischarged bankruptcy of the transport manager: _____________________________

________________________________________________________________________

________________________________________________________________________

3. Affidavits in the form set out at Appendix D and the appropriate part of Appendix E must be included in this Application.

I/We enclose the sum of £ ____ in respect of the licence fee together with the sum of £ ____ covering ___ vehicles at a fee of £ ____ per vehicle.

I/We hereby declare that the information furnished in this application is true and accurate.*

Signed: _________________________

Name in block capitals: _________________________

Status in the undertaking: __________________

(operator, director,

secretary, member of board

of management, partner,

transport manager or other)

Date: ___________________________

(i) In the case of an individual, the application must be signed by the person in whose name the application is made.

(ii) In the case of a partnership, the application must be signed by each of the partners.

(iii) In the case of a company or other body corporate, the application must be signed by a director, company secretary or other authorised officer.

(iv) In the case of a cooperative, the application must be signed by the secretary of the cooperative.

*Note that under Regulation 19 of the European Communities (Merchandise Road Transport) Regulations, 1991 ( S.I. No. 60 of 1991 ), that it is an offence, punishable on summary conviction to a fine of up to £1,000 or imprisonment of up to 12 months or both, for a person to obtain the grant of a carrier's licence by making a false declaration or statement or providing false information.

APPENDIX A

Relevant Offences

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

(b) any offence under the Road Traffic Acts, 1961 to 1987;

(c) any offence under the Road Transport Act, 1933 (No. 11 of 1933);

(d) any offence under the Dangerous Substances (Conveyance of Petroleum by Road) Regulations, 1979 ( S.I. No. 314 of 1979 ), or the Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) Regulations, 1980 ( S.I. No. 235 of 1980 );

(e) any offence under any regulation made by the Minister under the European Communities Act, 1972 , relating to the carriage of goods by road;

(f) any offence under the Offences against the State Act, 1939 (No. 13 of 1939);

(g) any offence under section 27 , 28 and 29 of the Diseases of Animals Act, 1966 (No. 6 of 1966);

(h) any offence under section 168 or 186 of the Customs Consolidation Act, 1876;

(i) any offence under section 3 of the Customs Act, 1956 (No. 7 of 1956);

(j) any offence under section 19 of the Misuse of Drugs Act, 1977 (No. 12 of 1977), in so far as it relates to an offence involving a vehicle;

(k) any offence under the Firearms Acts, 1925 to 1990;

(l) any offence under the Explosive Substances Act, 1883;

(m) any offence under section 10 or 11 of the International Carriage of Perishable Foodstuffs Act, 1987 (No. 20 of 1987);

(n) any offence under the Food Standards Act, 1974 (No. 11 of 1974);

(o) any offence under the International Carriage of Goods by Road Act, 1990 (No. 13 of 1990);

(p) any offence under section 33 of the Larceny Act, 1916, in so far as it relates to an offence involving the use of a haulage vehicle;

(q) any offence under section 21 of the Finance Act, 1935 (No. 28 of 1935), or section 72 of the Finance Act, 1976 (No. 16 of 1976);

(r) any offence under section 30 of the Agriculture Produce (Fresh Meat) Act, 1930 (No. 10 of 1930);

(s) any offence under the Minimum Notice and Terms of Employment Acts, 1973 to 1989;

(t) any offence under the Protection of Young Persons (Employment) Act, 1977 (No. 9 of 1977);

(u) any offence under the Unfair Dismissals Act, 1977 (No. 10 of 1977);

(v) any offence under the Maternity Protection of Employees Act, 1981 (No. 2 of 1981);

(w) any offence under the Holidays (Employees) Act, 1973 (No. 25 of 1973);

(x) any offence under a law in force in a Member State of the European Communities, other than the State, which corresponds to any of the foregoing offences;

(y) any indictable offence, whether convicted on indictment or not.

APPENDIX B

Form of affidavit to be made by or on behalf of the Applicant

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) REGULATIONS 1991

I, ______________,of ____________________________________________________________,

being a person to whom clause (i), (ii), (iii) or (iv) of Regulation 5 (2) (c) or Regulation 9 (3) of the European Communities (Merchandise Road Transport) Regulations, 1991, relates, make oath and say as follows:

1. That (name) ___________________________ of (home address) ___________________

_______________________________________________________________________

_______________________________________________________________________

is/will be* employed to continuously and effectively manage the transport operations of the merchandise road transport business of _____________ and commenced/will commence as transport manager from _________. The total weekly hours arising from the duties of transport manager is/will be* _____ hours per week.

2. That the said ______________ satisfies the conditions of professional competence provided for in Regulation 9 (1) of the European Communities (Merchandise Road Transport) Regulations, 1991, in relation to the merchandise road transport business referred to in the paragraph numbered 1 of this Affidavit.

3. That the said ________________ has no other occupation/has another occupation as ____________ which involves ______ hours per week.*

*Delete where not applicable.

APPENDIX C

Form of affidavit to be made by the transport manager

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) REGULATIONS, 1991

I, _____________ , of __________________________________________________________ ,

make oath and say as follows:

1. That I accept being engaged to continuously and effectively manage the transport operations of the merchandise road transport business of _____________________________________________

2. That I satisfy the conditions of professional competence provided for in Regulation 9 (1) of the European Communities (Merchandise Road Transport) Regulations, 1991, in relation to the merchandise road transport business referred to in this Affidavit.

3. That commenced/will commence* as transport manager from ________ and that the total weekly hours arising from the duties of Transport Manager is/will be* _______ hours per week.

4. That I have no other occupation/have another occupation as ___________ which involves _____ hours per week.*

*Delete where not applicable.

APPENDIX D

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) REGULATIONS, 1991

I, _____________________, of __________________________________________________,

being an auditor/solicitor* make oath and say as follows:

1. I make this affidavit, on the basis of documentation submitted to me, in

respect of ________________ (name) of ____________________________ (address) who intends to apply (hereinafter referred to as "the applicant") for a national/international* road freight carrier's licence under Regulation 5 (2) of the European Communities (Merchandise Road Transport) Regulations, 1991; and I beg to refer to a list of the said documentation marked with the letter _____ and upon which I have endorsed my name prior to the swearing of this affidavit:

2. I hereby say that _________________ being _________________ (insert here the name and address of the auditor or the bank or other suitably qualified establishment recognised for the purpose of this affidavit), has issued in writing a confirmation/assurance* that the applicant has currently sufficient financial resources for—

(a) the proper launching and proper administration of a merchandise road transport business,*

(b) the continued proper administration of a merchandise road transport business,"

having regard to the annual accounts of the applicant (if any), funds available (including cash at bank, overdraft and loan facilities), any assets (including property which is available to provide security for the undertaking), costs (including purchase cost or initial payment for vehicles, premises, plant and equipment) and working capital, and has available capital and reserves of at least 3,000 European Currency Units per vehicle over 2.5 metric tons unladen weight or 150 European Currency Units per tonne of the maximum authorised weight of the vehicles to be authorised for the use under the licence, whichever is the lower; and I beg to refer to the said confirmation/assurance* marked with the letter ______ and upon which I have endorsed my name prior to the swearing of this affidavit.

3. The application form for a national/international* road freight carrier's licence has been fully and duly completed and is to be submitted at the same time as this affidavit.

4. The applicant is the holder of a current tax clearance certificate/C2 certificate (under section 17 of the Finance Act, 1970 , as amended)* issued by the Revenue Commissioners, valid from the ____ day of ________ , 19___, to the ____ day of ________, 19_____ .

5. The applicant wishes to have the vehicles, specified in the application form, authorised under the carrier's licence.

6. The applicant has produced to me, in respect of each vehicle to which paragraph 5 of this affidavit relates—

(1) the registration book for each vehicle, issued under the Roads Act, 1920, showing that the vehicle is registered in the full and correct name of the applicant and that each such vehicle is currently licensed,

(2) evidence that each such vehicle is owned, hired, or leased, by the applicant, which consists of—

(a) a leasing agreement showing that the vehicle has been leased by the applicant,*

(b) a letter or certificate from a bank or other financial institution showing that the applicant received a loan for the purpose of purchasing the vehicle,* a receipt showing that the applicant paid for the vehicle in full,*

(c) an agreement to hire the vehicle in accordance with Regulation 4 of the European Communities (Merchandise Road Transport) Regulations, 1991.*

7. The applicant has produced to me in respect of each vehicle to which paragraph 5 of this Affidavit relates a certificate of insurance issued under the terms of the Road Traffic Acts, 1961 to 1987, showing that the vehicle is insured in the name of the applicant for use for hire or reward and that no amounts are outstanding in respect of insurance premiums.

*Delete where not applicable.

8. The applicant has produced to me in respect of each vehicle for which a tachograph is required (by virtue of Council Regulation No. 3821/85/EEC of 20 December 1985, on recording equipment in road transport and the European Communities (Road Transport) (Recording Equipment) Regulations, 1986 (S.I. No. 393 of 1986)—

†a written record of tachograph calibration duly issued by the workshop or fitter who—

(a) installed, repaired or checked and inspected the tachograph, and

(b) is approved for those purposes under Regulation 5 of the European Communities (Road Transport) (Recording Equipment) Regulations, 1986,

† in the case of a vehicle purchased brand new, a written record of tachograph calibration duly issued by or on behalf of the manufacturer of the vehicle.

and the date of calibration, as indicated on the said written record is within the period of six years immediately prior to the date of swearing this affidavit.

9. *The applicant is a limited company/public limited company* and a certificate of incorporation and a certificate of change of name* has been give by the Registrar of Companies.

10. *The applicant is a cooperative registered with the Registrar of Friendly Societies under the Industrial and Provident Societies Acts, 1893 to 1978.

11. *The applicant is a statutory body corporate established by ____________________________ (insert here title of Act or Statutory Instrument).

12. *The current directors/committee members* and company secretary are as listed by the applicant in the application form.

13. *The applicant proposes to trade as ________________ (which is a registered business name under the Registration of Business Names Act, 1963 .

*Delete where not applicable.

APPENDIX E

PART I

Form of affidavit to accompany an application for a Carrier's Licence (where the applicant is an individual)

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) REGULATIONS, 1991

I, ______________, of __________________________________________________________,

make oath and say 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.

APPENDIX E

PART II

Form of affidavit to accompany an application for a Carrier's Licence (where the applicant is a partnership)

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) REGULATIONS, 1991

I, ________________________, of _______________________________________________,

make oath and say that I, being a partner in __________________________ (which said partnership is applying for a grant of a carrier's licence), 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.

[NOTE: This Form to be completed by each partner.]

APPENDIX E

PART III

Form of affidavit to accompany an application for a Carrier's Licence (where application is by a company or a cooperative)

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) REGULATIONS, 1991

I,______________, of _________________________________________________________,

make oath and say that neither I, being the secretary/director* of _________________________, Ltd./plc.* (which is applying for a grant of a carrier's licence) nor any director/committee member,* manager, transport manager or officer of the said company/cooperative* has been a secretary, director/committee member,* manager, or officer of a company or cooperative which has been wound up by the High Court, (other than that ............................................................ ............................. insert here, in relation to each case, the name of the relevant person, the name of the company/cooperative concerned and his position(s) in that company/cooperative).

* Delete where not applicable.

GIVEN under my Official Seal, this 21st day of March, 1991.

SEAMUS BRENNAN,

Minister for Tourism, Transport and Communications.