S.I. No. 233/1987 - Road Transport Act, 1986 (Appeals) Regulations, 1987.

S.I. No. 233 of 1987.

ROAD TRANSPORT ACT, 1986 (APPEALS) REGULATIONS, 1987.

I, JOHN P. WILSON, Minister for Tourism and Transport, in exercise of the powers conferred on me by section 6 (5) of the Road Transport Act, 1986 (No. 16 of 1986) and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ), hereby with the consent of the Minister for Justice, make the following Regulations:

1. These Regulations may be cited as the Road Transport Act, 1986 (Appeals) Regulations, 1987.

2. In these Regulations—

"appeal" means an appeal pursuant to section 6 of the Road Transport Act, 1986 , against a refusal of the Minister to grant a licence, a decision to revoke or a decision to suspend, a licence under that Act;

"appellant" means the person making an appeal;

"District Court" means the District Court for the district court area in which the appellant ordinarily resides or carries on business, and "Clerk of the District Court" shall be construed accordingly.

3. An appeal may be made at any sitting of the District Court.

4. (1) Every appeal shall be preceded by a notice, in the Form set out in the Schedule to these Regulations or in like Form, signed by the appellant or by his solicitor.

(2) Every notice referred to in paragraph (1) of this Regulation shall be served on the Minister at least ten days before the date of the hearing of the appeal.

(3) A copy of every notice referred to in paragraph (1) of this Regulation together with a statutory declaration of service thereof shall be lodged with the Clerk of the District Court at least four days before the date of the hearing of the appeal.

SCHEDULE

NOTICE OF APPEAL

Road Transport Act, 1986 , section 6

TAKE NOTICE THAT, I,    of    ,being aggrieved by the (refusal of the Minister for Tourism and Transport to grant a licence)* (decision by the Minister for Tourism and Transport to revoke a licence)* (decision by the Minister for Tourism and Transport to suspend a licence)* hereby appeal against such (refusal)* (decision)* to the District Court to be held on the   day of ,  .

* Delete where not applicable.

Signed

Appellant

Solicitor for Appellant

To the District Court Clerk at

To the Minister for Tourism and Transport, Kildare Street, Dublin 2.

GIVEN under my Official Seal, this 8th day of September, 1987.

JOHN P. WILSON

The Minister for Justice hereby consents to the making of the foregoing Regulations.

Dated this 8th day of September, 1987.

GERARD COLLINS,

Minister for Justice.

EXPLANATORY NOTE.

The purpose of these Regulations is to set out the procedure to be followed in an appeal to the District Court where an application for a licence under the Road Transport Act, 1986 is refused or where a licence granted under that Act is to be suspended or revoked.