S.I. No. 81/1958 - Public Service Vehicles (International Circulation) Order, 1958.

S.I. No. 81 of 1958.

PUBLIC SERVICE VEHICLES (INTERNATIONAL CIRCULATION) ORDER, 1958.

The Minister for Local Government in exercise of the powers conferred on him by subsection (8) of section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 , (No. 24 of 1952), by section 38 of the Local Government Act, 1955 (No. 9 of 1955), and by the Motor Car (International Circulation) Order, 1931 (S.R. & O. 1931, No. 67), hereby orders as follows :—

1. This Order may be cited as the Public Service Vehicles (International Circulation) Order, 1958.

2.—(1) This Order shall come into operation on the first day of April, 1958.

(2) The Interpretation Act, 1937 (No. 38 of 1937) applies to this Order.

3. In this Order—

" the convention of 1926 " means the international convention relating to motor traffic concluded at Paris on the 24th day of April, 1926 ;

" the convention of 1949 " means the international convention on road traffic concluded at Geneva on the 19th day of September, 1949 ;

" motor vehicle duty " means the duty imposed by section 1 of the Finance (Excise Duties) (Vehicles) Act, 1952 ;

" the Regulations of 1934 " means the Road Vehicles (International Circulation) Regulations, 1934 (S.R. & O. 1934, No. 119) ;

" visitor " means a person whose only or principal residence is outside the State and who intends to make only a temporary stay in the State.

4. A mechanically propelled vehicle which is brought into the State temporarily by a person making only a temporary stay in the State and which is intended to be used for the carriage of passengers for reward shall be exempt from motor vehicle duty for a period or periods not exceeding a total of ninety days in any year during which the following conditions are complied with, viz. :—

(a) it is for the time being licensed in Great Britain under section 1 of the Vehicles (Excise) Act, 1949, or any enactment amending the same ;

(b) it is registered and carries an identification mark in compliance with the regulations in force in Great Britain ;

(c) it carries an international distinguishing mark or sign in accordance with the provisions of either the convention of 1926 or the convention of 1949, consisting of the distinctive letters assigned to Great Britain under the said conventions ;

(d) it is not intended to be used and is not used for the carriage for reward of passengers other than visitors who were passengers in the vehicle immediately before its importation ;

(e) it is not intended to be used and is not used for the transport of goods or burden in the course of trade or business.

5.—(1) A mechanically propelled vehicle which is brought into the State temporarily by a person making only a temporary stay in the State and which is intended to be used for the carriage of passengers for reward shall be exempt from motor vehicle duty for a consecutive period not exceeding thirty-one days in any year during which the following conditions are complied with while the vehicle is in the State, viz :—

(a) it is for the time being licensed in Great Britain under section 1 of the Vehicles (Excise) Act, 1949, or any enactment amending the same ;

(b) it is registered and carries an identification mark in compliance with the regulations in force in Great Britain ;

(c) it carries an international distinguishing mark or sign in accordance with the provisions of either the convention of 1926 or the convention of 1949, consisting of the distinctive letters assigned to Great Britain under the said conventions ;

(d) it is not intended to be used and is not used for the carriage for reward of passengers other than visitors with whom the contract to carry was entered into outside the State ;

(e) it is not intended to be used and is not used for the transport of goods or burden in the course of trade or business.

(2) For the purposes of sub-article (1) of this article, temporary absences of the vehicle from the State shall be reckoned as part of the period during which the vehicle is entitled to exemption from motor vehicle duty.

6.—(1) A vehicle shall not be entitled to exemption from motor vehicle duty under the provisions of both articles 4 and 5 of this Order in the same year.

(2) A vehicle in respect of which a circulation permit has been issued under article 7 or article 8 of this Order shall not be entitled to exemption from motor vehicle duty under either article 4 or article 5 of this Order in the same year.

7.—(1) Notwithstanding the provisions of sub-article (2) of article 8 of the Regulations of 1934, a circulation permit may be issued in respect of a vehicle to be used for the carriage of passengers for reward and fitted with seats for more than six persons exclusive of the driver's seat, provided that it is not intended to be used for the carriage for reward of passengers other than visitors who were passengers in the vehicle immediately before its importation.

(2) Notwithstanding the provisions of article 17 of the Regulations of 1934, the carriage of passengers for reward on a vehicle in respect of which a circulation permit has been issued under the provisions of sub-article (1) of this article shall not render such circulation permit void provided that the vehicle is not used for the carriage for reward of passengers other than visitors who were passengers in the vehicle immediately prior to its importation.

(3) A circulation permit may not be issued under this article in respect of a vehicle for which a circulation permit has been issued under article 8 of this Order in the same year, or which was exempted from motor vehicle duty in the same year under either article 4 or article 5 of this Order.

8.—(1) Notwithstanding the provisions of sub-article (2) of article 8 of the Regulations of 1934, a circulation permit may be issued in respect of a vehicle to be used for the carriage of passengers for reward and fitted with seats for more than six persons exclusive of the driver's seat, provided that it is not intended to be used for the carriage for reward of passengers other than visitors with whom the contract to carry was entered into outside the State.

(2) Notwithstanding the provisions of article 11 of the Regulations of 1934, the period of validity of a circulation permit issued under sub-article (1) of this article shall not exceed thirty-one days, and only one such circulation permit may be issued in respect of a vehicle in any year.

(3) Notwithstanding the provisions of article 17 of the Regulations of 1934, the carriage of passengers for reward in a vehicle in respect of which a circulation permit has been issued under sub-article (1) of this article shall not render such circulation permit void provided that the vehicle is not used for the carriage for reward of passengers other than visitors with whom the contract to carry was entered into outside the State.

(4) Notwithstanding the provisions of article 20 of the Regulations of 1934, the temporary removal of a vehicle from the State shall not render void a circulation permit issued under the provisions of this article.

(5) A circulation permit may not be issued under this article in respect of a vehicle for which a circulation permit has already been issued under article 7 of this Order in the same year, or which was exempted from motor vehicle duty in the same year under either article 4 or article 5 of this Order.

9. A vehicle exempted from motor vehicle duty under article 4 or article 5 of this Order shall, during the period of such exemption, for the purpose of the enforcement of the Roads Act, 1920, and of any enactment amending the same, and of any regulations in relation to the registration of vehicles and the carrying by them of identification marks—

(a) if duly registered in compliance with the regulations in force in Great Britain, be deemed to be duly registered in compliance with the requirements in force in the State,

(b) if carrying an identification mark in compliance with the regulations in force in Great Britain, be deemed to be carrying an identification mark in compliance with the regulations in force in the State.

10.—(1) Sub-section (1) of section 93 of the Road Traffic Act, 1933 shall not apply to a mechanically propelled vehicle brought into the State temporarily by a person making only a temporary stay in the State if the vehicle is licensed in the state where it is registered under the licensing requirements (if any) of that state corresponding to those of Part VII of the Road Traffic Act, 1933 .

(2) Sub-sections (1) and (2) of section 110 and sub-section (1) of section 112 of the Road Traffic Act, 1933 shall not apply to a person making only a temporary stay in the State in respect of his employment as driver or conductor, as the case may be, of a vehicle to which sub-article (1) of this article applies, provided that such person is licensed as such in the state where he is ordinarily resident under the licensing requirements (if any) of that state corresponding to those of Part VII of the Road Traffic Act, 1933 .

GIVEN under the Official Seal of the Minister for Local Government this twenty-ninth day of March, One Thousand Nine Hundred and Fifty-eight.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

This Order provides that a foreign public service vehicle, imported temporarily by a person making only a temporary stay here, and used for the carriage only of visitors, shall be entitled to exemption from motor vehicle duty for limited periods, viz. :—

(a) periods not exceeding 90 days in a year where the vehicle is used to carry only visitors who were passengers in it immediately before importation ;

(b) one period not exceeding 31 days where the vehicle collects the visiting passengers here.

Only one of the above concessions may be availed of in a year. A British-registered vehicle may operate on its own licence during the period of exemption ; otherwise a visiting vehicle must show an international circulation permit.

The Order also provides that, where a foreign public service vehicle imported here temporarily is licensed under its domestic public service vehicle law, it need not be so licensed here. Similar concessions apply to the drivers and conductors of such vehicles.