S.I. No. 140/1994 - European Communities (International Carriage of Goods by Road) Regulations, 1994.

S.I. No. 140 of 1994.

EUROPEAN COMMUNITIES (INTERNATIONAL CARRIAGE OF GOODS BY ROAD) 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. 27 of 1972), and for the purpose of giving effect to Council Regulation (EEC) No. 881/92 of 26 March 1992⁽¹⁾, hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (International Carriage of Goods by Road) Regulations, 1994.

(2) These Regulations shall come into operation on the 1st day of June, 1994.

2. (1) In these Regulations—

"the Act of 1986" means the Road Transport Act, 1986 (No. 16 of 1986);

"Community authorisation" means a Community authorisation issued pursuant to the Council Regulation;

"the Council Regulation" means Council Regulation (EEC) No. 881/92 of 26 March 1992 (1);

"inspecting officer" means, for the purposes of the Council Regulation and these Regulations, a transport officer (within the meaning of the Act of 1986), an officer of Customs and Excise or a member of the Garda Síochána;

"Member State" means a Member State of the European Communities;

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

^{(1)O.J. No. L95, 9.4.92. p.1.}

(2) A word or expression that is used in these Regulations and is also used in the Council Regulation has, unless the contrary intention appears, the same meaning in these Regulations that it has in the Council Regulation.

3. A Community authorisation shall enable the holder to carry out international carriage of goods by road in the State.

4. The Minister shall be the competent authority in the State for the purposes of the Council Regulation.

5. A Community authorisation shall be issued by the Minister to a haulier carrying goods by road for hire or reward who—

( a ) is established in the State in accordance with the European Communities (Merchandise Road Transport) Regulations, 1991 ( S.I. No. 60 of 1991 ), and

( b ) is the holder of an international road freight carrier's licence granted under the Act of 1986.

6. A Community authorisation issued by the competent authority of a Member State (other than the State) shall be deemed to be a restricted road freight licence for the purposes of section 8 (inserted by section 8 of the Act of 1986) of the Road Transport Act, 1971 .

7. The carriage of goods in the State by a haulier established in a Member State (other than the State) in possession of a Community authorisation shall be exempt 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).

8. The Minister shall not—

( a ) withdraw a Community authorisation issued by him, or

( b ) refuse an application for the issue by him of a Community authorisation,

without—

(i) notifying the holder of, or applicant for, the authorisation of his intention to withdraw the authorisation or refuse the application, as the case may be,

(ii) specifying his reasons for the intended withdrawal of the authorisation or refusal of the application, and

(iii) affording the holder of, or the applicant for, the authorisation the opportunity of making representations or having representations made on his behalf to the Minister in relation to the proposed withdrawal or refusal, as the case may be, within 14 days of the receipt by the person of the notification and having regard to such representations.

9. (1) A person shall not engage in the international carriage of goods by road in a vehicle for a haulier established in the State or a Member State (other than the State) unless that haulier has a Community authorisation and there is a certified true copy of the authorisation in the vehicle.

(2) A person who fails to comply with this Regulation shall be guilty of an offence.

10. A person who alters or falsifies, or causes or permits to be altered or falsified, a Community authorisation or a certified true copy thereof shall be guilty of an offence.

11. A person who engages in the international carriage of goods by road while in possession of a purported certified true copy of a Community authorisation which has been altered or falsified shall be guilty of an offence.

12. (1) A holder of a Community authorisation issued by the Minister shall surrender forthwith to the Minister any certified true copy issued in respect of a vehicle which is no longer authorised on his international road freight carrier's licence.

(2) A person who ceases to qualify to be the holder of a Community authorisation issued by the Minister shall surrender forthwith to the Minister his Community authorisation and any certified true copy thereof.

(3) A person who fails to comply with this Regulation shall be guilty of an offence.

13. (1) An inspecting officer may carry out an inspection of a vehicle and request a person operating the vehicle to produce a certified true copy of the Community authorisation in respect of the vehicle to ensure that the provisions of these Regulations and the Council Regulation are being complied with.

(2) A person who obstructs or impedes an inspecting officer in the performance of his duties, or fails to comply with a request of an inspecting officer, under this Regulation shall be guilty of an offence.

14. The reference in section 3 (7) of the Act of 1986 to three years shall be construed as a reference to five years in the case of an international road freight carrier's licence granted after the commencement of these Regulations.

15. A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,000.

GIVEN under my Official Seal, this 25th day of April, 1994.

BRIAN COWEN,

Minister for Transport, Energy and

Communications.

EXPLANATORY NOTE.

These Regulations, made by the Minister for Transport, Energy and Communications, give effect to Council Regulation 881/92/EEC of 26 March, 1992 on the international carriage of goods by road in the European Community (O.J. No. L. 95/9.4.92 P1-7).