12/12/1923: Road Vehicles (Trade Licences) Regulations, 1923.

ROADS, VEHICLES.

(Dated 12th December, 1923.)

To the Councils of the several administrative Counties and County Boroughs.

And to all others whom it may concern :

THE Minister for Local Government hereby certifies under Section 2 of the Rules Publication Act, 1893 (56 & 57 Vic., c. 66), that on account of urgency these Regulations should come into immediate operation, and under the powers conferred on him by the Roads Act, 1920 (10 & 11 Geo. 5, c. 92), and by the Order in Council made thereunder and by Section 15 of the Finance Act, 1922 (12 & 13 Geo. 5, c. 17), and any and every other power him thereunto enabling hereby, without prejudice to any further exercise of the same powers, makes the following Regulations to come into operation forthwith as Provisional Regulations with respect to Trade Licences, that is to say :—

1. (1) These Regulations may be cited as " The Road Vehicles (Trade Licences) Regulations, 1923 ".

(2) In these Regulations the expression " Council " means County Council as defined in the Roads Act, 1920.

The expression " approved " means approved by the Minister for Local Government.

The expression " Local Taxation Officer " means the selected Officers of the Council to whom the powers or duties exercisable or performed by Officers of Customs and Excise have been delegated by the Council.

The expression " prescribed form " means the form approved by the Minister and obtainable on application at the office of the Council.

The expression " person " includes any body or persons, corporate or unincorporate.

The expression " vehicle " means " mechanically-propelled vehicle. "

The expression " General Trade Licence " means a licence to which paragraph (a) of Sub-section (2) of Section 15 of the Finance Act, 1922, relates.

The expression " Limited Trade Licence " means a licence to which paragraph (b) of Sub-section (2) of Section 15 of the Finance Act, 1922, relates.

2. Part 2 of the Road Vehicles (Registration and Licensing) Regulations, 1921, relating to general licences for manufacturers of or dealers in mechanically-propelled vehicles and general identification marks is hereby revoked and the said Regulations shall apply and have effect as though these Regulations were inserted therein in substitution for Part 2 thereof.

General Trade Licences.

3. The following set of Regulations shall apply to General Trade Licences, that is to say :—

Article A.—A person being a manufacturer or repairer of or a dealer in mechanically-propelled vehicles who desires, pursuant to the Roads Act, 1920, as amended by Section 15 of the Finance Act, 1922, to obtain a General Trade Licence in respect of :—

(a) all vehicles used by him, or

(b) all vehicles used by him of the classes liable to duty under paragraphs 1 and 2 of the 2nd Schedule to the Finance Act, 1920,

shall apply to the Council in whose Area his business premises are situate by means of a declaration in the prescribed form.

Article B.—(1) The Council, on being satisfied that the applicant is bona fide a manufacturer, dealer in or repairer of mechanically-propelled vehicles may issue to him the appropriate licence card in accordance with the application. Every such card shall contain :—

1. Name and address of person to whom the licence is issued.

2. Number of identification plate allotted.

3. Date of expiry of licence.

4. Amount or duty paid.

5. Date stamp of office of issue.

6. Serial number of licence.

(2) The Council shall supply free of charge with each General Trade Licence one plate (with a holder for the licence card) for fixing in front and one plate for fixing at the back of a vehicle, provided that where application is made and duty paid in respect of a licence for all vehicles the applicant upon application made to the Council in the prescribed manner and upon satisfying the Council that such licence plates are properly required by him, shall also be entitled without further payment to licence plates appropriate for the classes of vehicles liable to duty under paragraphs 1 and 2 of the 2nd Schedule to the Finance Act, 1920.

(3) The plates and licence holder to be supplied by the Council shall conform to such specifications as the Minister for Local Government may from time to time direct and shall not be altered in any way after they have been so supplied. They shall remain the property of the Council and be returned forthwith to the Council whenever the licence in respect of which they were issued is not renewed.

(4) The plates shall be fixed in front and at the back of the vehicle upon which they may be in use in the manner prescribed by the Road Vehicles (Registration and Licensing) Regulations, 1921, with respect to the index mark and registration number assigned to vehicles under those Regulations and shall be carried at all times when the vehicle is in use on a public road under a general trade licence.

The licence Card, without any alteration thereof or addition thereto, shall be carried, properly fixed in the holder attached to the front plate, so as to be clearly visible at all times by daylight from in front of the vehicle, at all times when a vehicle is in use on a public road under that licence.

Article C.—A General Trade Licence shall not be used by any person other than the person to whom the same is issued and the person to whom the same is issued shall not allow or suffer the licence or the plates issued in connection therewith to be used by any other person; but no offence under this Article shall be deemed to have been committed if the person to whom the licence is issued or a person bona fide in his employ and acting under his authority is present and in charge of the vehicle, or if such vehicle is constructed for use by one person only and is being used by a prospective purchaser for the purpose of test or trial.

Article D.—(i) A General Trade Licence shall not be used upon any vehicle other than a vehicle which is in the possessionof the holder of such licence in the course of his business as a manufacturer or repairer of or dealer in mechanically-propelled vehicles.

(ii) A General Trade Licence shall not at any time be used upon a vehicle which is being used for the conveyance of passengers for profit or reward.

(iii) No vehicle shall be used upon a public road under a General Trade Licence for any purpose other than a purpose for which such vehicle is authorised by this Article to be used under such licence.

(iv) Subject to the provisions of paragraphs (i) and (ii) of this Article, a vehicle may be used upon a public road under a General Trade Licence for any purpose connected with the business as a manufacturer or repairer of or dealer in mechanically-propelled vehicles of the holder of such licence and so long as such vehicle is bona fide being used for such purpose the holder of the licence shall not, by reason only that some other or further use is being made of the vehicle, be deemed to commit a breach of these Regulations.

Article E.—It shall not be necessary for a vehicle upon which the plates issued under these Regulations and a General Trade Licence are being properly carried, used and displayed, to carry any other identification marks or licence in respect of the vehicle.

Limited Trade Licences.

4. The following set of Regulations shall apply to Limited Trade Licences, that is to say :—

Article A.—The provision of Articles A, B, C, D (except paragraphs (iii) and (iv) thereof) and E of the set of Regulations applicable to General Trade Licences shall apply to Limited Trade Licences as if they were herein repeated with the substitution of the words " Limited Trade Licence " for the words " General Trade Licence " wherever they occur.

Article B.—(i) Subject to the observance and fulfilment or the provisos hereinafter contained, the holder of a Limited Trade Licence may use any vehicle for which such licence is appropriate on a public road under that licence for any one or more of the following purposes :—

(1) For test or trial in the ordinary course of construction or repair or immediately after completion in either such case.

(2) For proceeding to or from a public weighbridge for ascertaining its unladen weight or to or from any place for its registration or inspection by a Council.

(3) For test or trial for the benefit of a prospective purchaser; for proceeding at the instance of a prospective purchaser to any place for the purpose of such test or trial; or for returning after such test or trial.

(4) For delivering the vehicle to the place where the purchaser intends to keep it.

(5) For delivering a vehicle from his premises to the premises of another manufacturer or repairer of or dealer in mechanically-propelled vehicles or removing a vehicle from the premises of another manufacturer or repairer of or dealer in mechanically-propelled vehicles direct to his own premises.

(6) For proceeding to or returning from a workshop in which a body is to be or has been fitted to the vehicle or the vehicle is to be or has been painted or repaired.

(7) For towing a vehicle which, while being driven upon a public road, has become unable to proceed under its own power, from the place where it has broken down to a place for repair or storage.

(8) For proceeding from the premises of a manufacturer or repairer of or dealer in mechanically-propelled vehicles to a railway station or wharf for entraining or shipment, or from a train or ship to the premises of such a manufacturer, repairer or dealer.

(9) For proceeding to or returning from any garage, auction room or other place at which vehicles are usually stored or usually or periodically offered for sale and at which the vehicle is to be or has been stored, or is to be or has been offered for sale, as the case may be.

Provided that—

(a) Not more than two persons in addition to the driver shall be carried upon a vehicle which is being used upon a public road under a Limited Trade Licence, each such person being either anemployee of the holder of the licence necessary for the purpose for which such vehicle is being used or a prospective purchaser for whom a test is being made or a person nominated by him, but no person in addition to the driver shall be carried in any vehicle which is being used upon a public road under a Limited Trade Licence on Sundays, Bank Holidays, Christmas Day, Good Friday, or other public holidays.

(b) No vehicle which is being used upon a public road under a Limited Trade Licence shall carry or convey any goods or load whatsoever except such load as it may be necessary to carry for the purpose of testing the vehicle. Any such load shall consist solely of some ordinary form of ballast, such as sand, gravel, scrap iron or the like, and no purpose other than that of testing the vehicle shall be served by such conveyance. In particular, no such vehicle shall be used for the conveyance of goods in the course of trade or for the delivery or removal of goods, but any such load as aforesaid shall be brought back to its place of loading without, except in the case of accident, any part thereof having been removed from the vehicle and without such load having at any time since it was loaded on the vehicle been used or conveyed otherwise than as ballast for the purpose of testing the vehicle.

(c) No vehicle shall be used upon a public road under a Limited Trade Licence unless the duplicate entries from the book referred to in Article C hereof properly completely are carried along with such vehicles while so in use.

(ii) No vehicle shall be used upon a public road under a Limited Trade Licence for any purpose other than a purpose for which the vehicle is authorised by paragraph (i) of this Article to be used under such licence.

Article C.—(1) Upon the issue of a Limited Trade Licence the Council shall also supply to the person to whom such licence is issued a book in a form approved by the Minister for Local Government in which the holder of such licence shall on each occasion and before such licence is used complete in duplicate the entries for which provision is therein made. One copy ofsuch entries shall remain in the book and the other copy shall be carried with the vehicle during the whole of the journey to which such entries relate, and shall be produced at any time during such journey by the driver for inspection upon demand made by any Police or Local Taxation Officer.

(2) Such book shall be produced at all reasonable times for inspection by any Police or Local Taxation Officer and shall be kept available for inspection at the place specified in the Declaration made on application for the Limited Trade Licence as the place at which the book will be kept.

(3) No person shall deface or mutilate any book issued under this Article or make any entry therein which is to his knowledge false or misleading or alter or obliterate any entry made therein or except as provided by these Regulations make any entry therein or addition thereto, or after its removal from such book make, alter or obliterate any entry in any copy to be carried on the vehicle under paragraph (1) of this Article.

(4) These Regulations shall have effect on and from the first day of January, 1924.

GIVEN under the Seal of the Minister for Local Government, this Twelfth day of December, One thousand nine hundred and twenty-three.

SÉAMUS DE BÚRCA,

Minister for Local Government.