S.I. No. 53/1996 - Road Transport Act. 1978 (Section 5) Order, 1996.

S.I. No. 53 of 1996.


I, Emmet Stagg T.D., Minister of State at the Department of Transport, Energy 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 ), as adapted by the Tourism, Transport and Communications (Alteration of Name of Department and Title of Minister) Order, 1993 ( S.I. No. 17 of 1993 ), and the Transport, Energy and Communications (Delegation of Ministerial Functions) Order, 1995 ( S.I. No. 181 of 1995 ), hereby order as follows:

1. This Order may be cited as the Road Transport Act, 1978 (Section 5) Order, 1996.

2. The classes of transport which are set out in the Schedule to this Order (being the classes of transport specified in Article 6 of the Agreement done at Prague on the 14 day of November, 1995, between the Government and the Government of the Czech Republic 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).


Classes of transport referred to in paragraph 2:

( a ) an unladen vehicle;

( b ) own-account carriage of goods by an undertaking 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 purpose,

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

(iv) the vehicles carrying the goods must be owned or leased by the undertaking or have been bought by it on 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.

( c ) occasional carriage of goods to or from airports, in the event of air services being diverted and carnage of luggage of bus passengers by bus luggage trailers;

( d ) carriage of vehicles which have suffered damage or breakdown;

( e ) unladen run of a relief vehicle used for transporting goods sent to replace a vehicle which has broken down in another country, and continuation of the haul by the relief vehicle under cover of the permit issued for the vehicle which has broken down;

( f ) funeral transport;

( g ) carriage of goods in motor vehicles the permissible laden weight of which, including that of trailers, does not exceed 6 metric tons and the permissible payload of which, including that of trailers, does not exceed 3.5 metric tons;

( h ) carriage of articles required for medical care and humanitarian aid in emergency relief, in particular for natural disasters;

( i ) carriage of objects of art and works of art;

( j ) carriage of material, properties and animals to or from theatrical, musical or film performances or sporting events, circuses, exhibitions or fairs, or to or from the making of radio or television broadcasts or films;

( k ) household removals by undertakings having special staff and equipment for this purpose;

(l) carriage of live animals;

( m ) carriage of goods, not specified above, as agreed by the competent authorities.

GIVEN under my hand, this 16 day of February, 1996

Minister of State at the Department of Transport,

Energy and Communications


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