S.I. No. 304/1999 - European Communities (Merchandise Road Transport) (Amendment) Regulations, 1999.
I, MARY O'ROURKE, Minister for Public Enterprise, 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, in so far as road haulage operations are concerned, to Council Directive No. 96/26/EC of 29 April 1996,1 as amended by Council Directive No. 98/76/EC of 1 October 1998,2 hereby make the following Regulations: | ||||||||
1. (1) These Regulations may be cited as the European Communities (Merchandise Road Transport) (Amendment) Regulations, 1999. | ||||||||
(2) The European Communities (Merchandise Road Transport) Regulations, 1991 to 1995, and these Regulations may be cited together as the European Communities (Merchandise Road Transport) Regulations, 1991 to 1999. | ||||||||
(3) These Regulations shall come into operation on 1 October 1999. | ||||||||
2. In these Regulations “the Principal Regulations” means the European Communities (Merchandise Road Transport) Regulations, 1991 ( S.I. No. 60 of 1991 ). | ||||||||
3. Regulation 2 of the Principal Regulations is hereby amended by— | ||||||||
(a) the substitution for the definition of “certificate of competence” of the following: | ||||||||
“‘certificate of professional competence’ means a certificate of competence granted under— | ||||||||
(a) the Regulations of 1977 or these Regulations, or | ||||||||
(b) a corresponding certificate issued by another Member State to which the Principal Directive relates;”, | ||||||||
(b) the substitution for the definition of “the Minister” of the following: | ||||||||
“‘the Minister’ means the Minister for Public Enterprise;”, and | ||||||||
(c) the substitution for the definition of “the Principal Directive” of the following: | ||||||||
“‘the Principal Directive’ means Council Directive No. 96/26/EC of 29 April 1996, 1 as amended by Council Directive No. 98/76/EC of 1 October 1998;”.2 | ||||||||
4. The Principal Regulations are hereby amended by the substitution for Regulation 3 of the following: | ||||||||
“3. (1) Subject to the exemptions provided for in the Act of 1933, an undertaking shall not engage in the carriage of goods by road for hire or reward in a vehicle or combination of vehicles (including a trailer or semitrailer) the maximum authorised weight of which is in excess of 3.5 tonnes, owned by the undertaking or hired to the undertaking under a contract of hire, unless than undertaking holds a carrier's licence. | ||||||||
(2) An undertaking which contravenes paragraph (1) of this Regulation shall be guilty of an offence, and shall be liable, on summary conviction, to a fine not exceeding £1,500. | ||||||||
(3) The reference in section 9(5)(a) and (6) of the Act of 1933 (inserted by section 2 of the Road Transport Act, 1978 (No. 8 of 1978)) to 2.5 metric tonnes unladen weight shall be construed as a reference to 3.5 tonnes maximum authorised weight.”. | ||||||||
5. Regulation 5(1) of the Principal Regulations is hereby amended by the deletion of “together with details of any undischarged bankruptcy of any person mentioned in this subparagraph” in each place where it occurs. | ||||||||
6. Regulation 7 of the Principal Regulations is hereby amended— | ||||||||
(a) by the deletion in paragraph (1) of “or bankruptcy”, and | ||||||||
(b) by the substitution for paragraph (2) of the following: | ||||||||
“(2) In considering the good repute of an applicant to whom Article 8 of the Principal Directive relates, the Minister shall, notwithstanding paragraph (1) of this Regulation, accept as sufficient proof of good repute, a document to which paragraph 2 of the said Article 8 relates together with, where appropriate, a certificate to which paragraph 3 of the said Article 8 relates or, in the absence of such documents, a declaration to which paragraph 4 of the said Article 8 relates, but only if such documents or declaration have been submitted to the Minister not more than three months after their date of issue.”. | ||||||||
7. Regulation 8 of the Principal Regulations is hereby amended by the substitution for paragraphs (2) and (3) of the following: | ||||||||
“(2) Where the applicant for a carrier's licence comes from outside the State the Minister shall, not-withstanding paragraph (1) of this Regulation, accept as sufficient proof of financial standing, a document to which paragraph 1 of Article 9 of the Principal Directive relates together with, where appropriate, a certificate to which paragraph 2 of that Article relates, but only if such documents have been submitted to the Minister within a reasonable period of their date of issue (being a period which, in the opinion of the Minister, is reasonable in the circumstances). | ||||||||
(3) Without prejudice to the generality of paragraph (1) of this Regulation, the documents referred to in that paragraph and exhibited in an affidavit for the purpose of Regulation 5(2)(b) of these Regulations include an appropriate confirmation or assurance in writing, issued by an accountant or bank or other suitably qualified establishment, that the applicant has sufficient financial resources, being financial resources sufficient for the purposes of paragraph 4 of the affidavit and has available capital and reserves of at least € 9 000 where only one vehicle is operated or to be operated under the licence and at least € 5 000 for each additional vehicle operated or to be operated under the licence.”. | ||||||||
8. Regulation 9 of the Principal Regulations is hereby amended by— | ||||||||
(a) the substitution for paragraph (1) of the following: | ||||||||
“(1) The condition relating to professional competence shall be satisfied— | ||||||||
(a) where the relevant carrier's licence is held by— | ||||||||
(i) an individual who also holds a certificate of professional competence, or | ||||||||
(ii) a partnership, company or cooperative, by the designation of one of the partners, directors or members of the committee of management who holds a certificate of professional competence, or | ||||||||
(b) where the holder of the relevant carrier's licence engages one or more transport managers, each of whom holds a certificate of professional competence. | ||||||||
(1)(a) An undertaking which designates a transport manager under paragraph (1)(b) of this Regulation shall satisfy the Minister that the designated transport manager will continuously and effectively manage the transport operations of the undertaking.”, and | ||||||||
(b) the substitution for paragraph (4) of the following: | ||||||||
“(4) Subject to paragraph (5) of this Regulation, where the applicant for a carrier's licence holds a certificate of competence issued by the authority or body designated for that purpose by another Member State, the Minister shall recognise the certificate as sufficient proof of professional competence in accordance with Article 10 of the Principal Directive. | ||||||||
(5) The Minister may require that any natural person who holds a certificate of professional competence issued by a competent authority in another Member State, within the period of three years from 1 October 1999 when that person was normally resident in the State, sit an additional examination organised for the purpose of this paragraph by or on behalf of the Minister and such examination shall cover the specific knowledge relating to the national aspects of the occupation of road haulage operator within the State.”. | ||||||||
9. Regulation 11 of the Principal Regulations is hereby amended by— | ||||||||
(a) the substitution for paragraph (1) of the following: | ||||||||
“(1) The Minister may grant a certificate, to be known and in these Regulations referred to as “a certificate of professional competence” to any natural person applying therefor who meets the requirements of paragraph (3) of this Regulation.”, | ||||||||
(b) the substitution for paragraph (3) of the following: | ||||||||
“(3) The Minister may, on an application being made by a natural person, grant a certificate of professional competence to the person where that person— | ||||||||
(a) passes an examination in the subjects listed in Annex 1 to the Principal Directive which shall be conducted for the purposes of these Regulations by or on behalf of the Minister in the form set out in the said Annex, or | ||||||||
(b) is the holder of any diploma or other qualification recognised for the purpose of this paragraph by the Minister as set out in the Sixth Schedule to these Regulations.”, and | ||||||||
(c) the substitution in paragraph (4) of “subparagraph (b)” for “subparagraphs (c), (d) or (e)”. | ||||||||
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EXPLANATORY NOTE. | ||||||||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||||||||
The purpose of these Regulations is to give effect, in so far as road haulage operations are concerned, to Council Directive No. 98/76/EC of 1 October, 1998, amending Council Directive No. 96/26/EC of 29 April, 1996, on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualification intended to facilitate for these operators the right to freedom of establishment in national and international transport operations. The Regulations provide for the introduction of revised requirements relating to financial standing, good repute and educational standards for professional competence. | ||||||||
1 O.J. No. L 124, 23.5.96, p.1. 2 O.J. No. L 277, 14.10.98, p. 17. |
