Road Transport Act, 1933
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Existing carriers. |
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. |