S.I. No. 191/1992 - Road Transport Act, 1978 (Section 5) Order, 1992.

S.I. No. 191 of 1992.

ROAD TRANSPORT ACT, 1978 (SECTION 5) ORDER, 1992.

I, MÁIRE GEOGHEGAN-QUINN, Minister for Tourism, Transport and Communications, in exercise of the powers conferred on me by section 5 of the Road Transport Act, 1978 (No. 8 of 1978), and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ), and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ), 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 order as follows:

1. This Order may be cited as the Road Transport Act, 1978 (Section 5) Order, 1992.

2. The classes of transport which are set out in the Schedule to this Order (being the classes of international transport specified in Article 9 of the Agreement done at Budapest on the 29th day of June, 1992, on behalf of the Government and the Government of the Republic of Hungary on the international carriage of goods by road) are hereby exempted from the provisions of sections 9 and 34 of the Road Transport Act, 1933 (No. 8 of 1933) (as amended or extended) and section 7 of the Road Transport Act, 1935 (No. 23 of 1935) (as amended or extended).

SCHEDULE

CLASSES OF INTERNATIONAL TRANSPORT BY ROAD REFERRED TO IN PARAGRAPH 2

A permit shall not be required for the following:—

( a ) occasional transport of goods to or from airports, in the event of air services being diverted;

( b ) transport of luggage in trailers coupled to passenger-carrying vehicles and the carriage of luggage in all types of vehicles to and from airports;

( c ) transport of mails;

( d ) transport of damaged or broken-down road transport vehicles;

( e ) transport of bees and fish fry;

( f ) funeral transport;

( g ) carriage of goods in vehicles the permissible gross weight of which, including that of trailers, does not exceed 6 metric tonnes or the permissible payload of which, including that of trailers, does not exceed 3.5 metric tonnes;

( h ) own-account carriage of goods in motor vehicles provided the following conditions are fulfilled—

(i) the goods carried must be the property of the undertaking or must have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the undertaking,

(ii) the purpose of the journey must be to carry the goods to or from the undertaking or to move them, either inside the undertaking or outside for its own purposes,

(iii) motor vehicles used for such carriage must be driven by employees of the undertaking.

(iv) the vehicles carrying the goods must be owned by the undertaking or have been brought by it in deferred terms or have been hired without a driver,

(v) the transport must be no more than ancillary to the overall activities of the undertaking;

( i ) aid-transport in emergency relief, in particular for natural disasters;

( j ) transport of spare parts for sea-going vessels and aircraft;

( k ) transit, in an unladen state, of a vehicle used for goods transport and intended to replace a vehicle which has become serviceable, and the continuation, by the replacement vehicle, of the transport under cover of an authorisation issued for the vehicle which has become unserviceable;

( l ) transport of objects and works of art for exhibition or for commercial purposes;

( m ) occasional transport of objects and materials exclusively for publicity or information purposes;

( n ) carriage of materials properties or animals to or from theatrical, musical or film purposes or sporting events, circuses, exhibitions or fairs, or to or from the making of radio or television broadcasts or films;

( o ) the delivery of new vehicles not engaged in a transport operation; and

( p ) carriage of furniture and other personal effects for the purposes of transfer of residence carried out by contractors with special staff and equipment for this purpose.

GIVEN under my Official Seal, this 13th day of July, 1992.

MÁIRE GEOGHEGAN-QUINN,

Minister for Tourism, Transport and

Communications.

EXPLANATORY NOTE.

The purpose of the Order is to exempt cartain types of road transport operations performed in Ireland by Hungarian hauliers from the requirements to be authorised by permit. This gives formal effect to an international road transport agreement between Ireland and Hungary.