Road Transport Act, 1978
|
Licensing of road haulage in new areas. |
6.—(1) The Minister may by order appoint a day, not less than six months after the passing of this Act, to be the operative date for the purposes of this section, and in this section “the operative date” means the day so appointed. | |
(2) On and from the operative date section 8 of the Principal Act shall cease to have effect. | ||
(3) Each of the following areas shall be known as a new area— | ||
(a) the area included within a circle having a radius of twenty miles and its centre at the principal post office in the city of Dublin; | ||
(b) the area included within a circle having a radius of twenty miles and its centre at the principal post office in the city of Cork; | ||
(c) the area included within a circle having a radius of fifteen miles and its centre at the principal post office in the city of Limerick; | ||
(d) the area included within a circle having a radius of fifteen miles and its centre at the principal post office in the city of Waterford; | ||
(e) the area included within a circle having a radius of fifteen miles and its centre at the principal post office in the borough of Galway. | ||
(4) Where after the passing of this Act a person applies in accordance with the provisions of subsection (5) of this section for a merchandise licence authorising the licensee to carry on a merchandise road transport business in a new area with vehicles other than vehicles to which section 9 (5) (a) of the Principal Act applies and the person is the holder of a road freight certificate under the European Communities (Merchandise Road Transport) Regulations, 1977 (S.I. No. 386 of 1977), the Minister shall, notwithstanding anything in the Principal Act, grant the licence and a licence so granted shall commence on the operative date or the date on which it is granted (whichever is the later) and shall be known as a merchandise (new area) licence. | ||
(5) (a) Every application for a merchandise (new area) licence shall be in such form as the Minister may direct; | ||
(b) sections 11 (4) to 11 (6) of the Principal Act shall apply to such an application. | ||
(6) Section 36 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1): | ||
“(1) On and after the appointed day it shall not be lawful for any person to enter into an agreement for the carriage for reward of merchandise in a mechanically propelled vehicle by any other person unless such other person is a licensee under a merchandise licence or such carriage is exempted from the provisions of section 9 of this Act (as amended or extended).”. |