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Prohibition of carrying on merchandise road transport business by unlicensed persons.
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9.—(1) On and after the appointed day it shall not be lawful for any person in the course of a merchandise road transport business carried on by him to carry merchandise in any area in Saorstát Eireann unless—
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(a) such person is the holder of a licence (in this Act referred to as a merchandise licence) granted under this Part of this Act authorising him to carry on merchandise road transport business in that area and such business is carried on under and in accordance with such licence, or
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(b) such area is an exempted area and merchandise is carried by such person in the course of such merchandise road transport business only in such area or such area and other exempted areas.
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(2) Every person who carries on a merchandise road transport business in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds together with, in the case of a continuing offence, a further fine not exceeding five pounds for every day during which the offence continues.
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(3) A certificate purporting to be signed by an officer of the Minister and to certify that on a specified day or days or during the whole of a specified period a specified person was not the holder of a merchandise licence authorising him to carry on a merchandise road transport business in respect of a specified class of merchandise within a specified area, shall, without proof of the signature of the person purporting to sign such certificate or that he was an officer of the Minister be evidence until the contrary is proved of such of the matters aforesaid as are purported to be certified in and by such certificate.
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