PART I.

Preliminary and General.

1. —This Act may be cited as the Road Transport Act, 1933.

2. —In this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “the Act of 1932” means the Road Transport Act, 1932 (No. 2 of 1932);

the expression “mails” includes mail bags and postal packets (other than telegrams) as defined in the Post Office Act, 1908;

the expression “merchandise” includes goods, wares, minerals and animals, but does not include passenger's luggage or mails;

the expression “mechanically propelled vehicle” does not include a railway engine or a tramcar or other vehicle running on permanent rails;

the expression “carriage for reward” does not include the carriage of merchandise supplied to a customer by the owner of the mechanically propelled vehicle in which such merchandise is being carried, if such merchandise is so carried in course of delivery to such customer.

the expression “merchandise road transport” means the carriage for reward by road in mechanically propelled vehicles or in vehicles drawn by mechanically propelled vehicles of merchandise and includes, so far as they are carried on by means of such vehicles, the services of collection and delivery of merchandise hitherto carried on by railway, canal, and shipping companies, as ancillary or subsidiary to their main undertakings, or by agents on behalf of such companies, but does not include—

(a) the carriage of merchandise by passenger road services licensed under the Act of 1932, or

(b) the carriage of mails by or under contract with the Minister for Posts and Telegraphs, or

(c) the carriage of merchandise by means of any vehicle primarily provided for the carriage of mails where and to the extent to which the carriage of merchandise by means of such vehicle is permitted under the contract made with the Minister for Posts and Telegraphs;

the expression “authorised (merchandise carrying) company” means a company to which Part III of the Act of 1932 applies and which is entitled by virtue of section 28 of the Act of 1932 to engage in or carry on the business of carrying merchandise by road.

the expression “authorised (passenger carrying) company” means a company to which Part III of the Act of 1932 applies and which is entitled by virtue of section 28 of the Act of 1932 to engage in or carry on the business of carrying passengers by road;

the expression “shipping company” means a person carrying on a regular steamer service to or from a port in Saorstát Eireann;

the expression “vehicle plate” means a plate of that name issued under Part II of this Act;

the word “lorry” means a mechanically propelled vehicle fitted with a body designed and constructed for the carriage of merchandise;

the word “tractor” means a mechanically propelled vehicle which—

(a) is not a lorry, and

(b) is constructed and designed for the traction of another vehicle;

the expression “the registration book” in relation to a mechanically propelled vehicle means the registration book for such vehicle issued under the Roads Act, 1920;

the expression “passenger road service” has the same meaning as in the Act of 1932, as amended by this Act;

the expressions “passenger licence” and “annual passenger licence” have the same meanings respectively as in the Act of 1932;

the expression “unladen weight” in relation to a mechanically propelled vehicle means the unladen weight specified in the registration book which relates to such vehicle;

the word “prescribed” means prescribed by regulations made by the Minister under this Act.

3. —(1) Any person who claims that he is a person who carried on an existing merchandise road transport business, within the meaning of this section, or that he is the successor in title to a person who carried on an existing merchandise road transport business may, not later than one month after the date of the passing of this Act, apply to the Minister for the grant of a certificate under this section.

(2) Every application under this section shall be in writing and shall state fully the facts upon which the applicant claims that he or his predecessor in title is a person who carried on an existing merchandise road transport business.

(3) Where any application is made to the Minister under and in accordance with this section, the Minister shall, if, but only if, he is satisfied that the applicant or his predecessor in title is a person who carried on an existing merchandise road transport business, issue a certificate to the applicant accordingly, and any person to whom a certificate is issued under this section and no other person shall be an existing carrier for the purposes of this Act.

(4) A person shall for the purposes of this section be a person who carried on an existing merchandise road transport business, if he was carrying on such existing merchandise road transport business at the date of the passing of this Act and such business was during the whole of the period necessary to constitute it an existing merchandise road transport business carried on either by such person or successively by persons from or through whom such person claims to be entitled to such business and by such person.

(5) For the purposes of this section the following provisions shall have effect, that is to say:—

(a) each of the following shall be an existing merchandise road transport business, that is to say:—

(i) any merchandise road transport business which was commenced after the 1st day of July, 1932 and before the 8th day of February, 1933, and was carried on in the manner required by this sub-section during the whole of the period beginning on the date of such commencement and ending on the date of the passing of this Act,

(ii) a merchandise road transport business which was carried on in the manner required by this sub-section during the whole of the period beginning on the 1st day of July, 1932 and ending on the date of the passing of this Act;

(b) a merchandise road transport business shall not be deemed to have been carried on in the manner required by this sub-section during any period unless during such period such business was—

(i) having regard to its nature, carried on with reasonable continuity, and

(ii) carried on with mechanically propelled vehicles duly licensed in Saorstát Eireann under section 13 of the Finance Act, 1920 as amended by subsequent enactments.

4. —Where a mechanically propelled vehicle or a vehicle drawn by a mechanically propelled vehicle is used for the carriage of merchandise not the property of the owner of such vehicle, such merchandise shall, until the contrary is proved, be deemed for the purposes of this Act to be carried for reward.

5. —(1) The Minister may after consultation with the Minister for Justice, by order appoint a day not less than three months after the passing of this Act to be the appointed day for the purposes of this Act.

(2) In this Act the expression “the appointed day” means the day appointed by the Minister by order under this section.

6. —The Minister may by order make regulations for all or any of the following purposes, that is to say:—

(a) prescribing any thing which is in this Act referred to as prescribed or as prescribed by regulations made by the Minister;

(b) prescribing any thing which the Minister is by this Act authorised to prescribe by regulations made under this Act.

7. —(1) All expenses incurred by the Minister or the Gárda Síochána in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

(2) All fees received by the Minister or a Chief Superintendent of the Gárda Síochána under this Act shall be collected and accounted for in such manner as shall be prescribed by the Minister with the sanction of the Minister for Finance.