S.I. No. 60/1991 - European Communities (Merchandise Road Transport) Regulations, 1991

S.I. No. 60 of 1991.

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) REGULATIONS, 1991

I, SEAMUS BRENNAN, Minister for Tourism, Transport and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect, in so far as road haulage operations are concerned, to Council Directive No. 74/561/EEC of 12 November 1974^(a), Council Directive No. 77/796/EEC of 12 December 1977^(b), Council Directive No. 84/647/EEC of 19 December 1984^(c), Council Directive No. 89/438/EEC of 21 June 1989^(d), and Council Directive No. 90/398/EEC of 24 July 1990^(e), hereby make the following Regulations:

1 Citation

1. These Regulations may be cited as the European Communities (Merchandise Road Transport) Regulations, 1991.

2 Interpretation

2. (1) In these Regulations—

"the Act of 1933" means the Road Transport Act, 1933 (No. 8 of 1933);

"the Act of 1986" means the Road Transport Act, 1986 (No. 16 of 1986);

"appropriate fee" means the appropriate fee to which Regulation 16 of these Regulations relates;

"appropriate financial standing" shall be construed in accordance with Regulation 8 of these Regulations;

"auditor" means a person qualified for appointment as an auditor of a company by virtue of the Companies Acts, 1963 to 1990;

^(a) O.J. No. L308/18. 19.11.1974,

^(b) O.J. No. L334/37. 24.12.1977.

^(c) O.J. No. L335/72. 22.12.1984.

^(d) O.J. No. L212/101. 22.07.1989.

^(e) O.J. No. L202/46. 31.07.1990.

"bank" means the holder of a licence under section 9 of the Central Bank Act, 1971 (No. 24 of 1971);

"bank or other suitably qualified establishment" means a bank, a building society, the Agricultural Credit Corporation p.l.c., the Industrial Credit Corporation p.l.c., a trustee savings bank or the Post Office Savings Bank;

"building society" means a society to which an authorisation was granted by the Central Bank of Ireland, or deemed to have been granted, under section 17 of the Building Societies Act, 1989 (No. 17 of 1989);

"business name" means a business name registered under the Registration of Business Names Act, 1963 (No. 30 of 1963);

"carrier's licence" means either a national road freight carrier's licence or an international road freight carrier's licence;

"certificate of competence" means an international certificate of competence or a national certificate of competence granted in pursuance of paragraph (3) or (4) of Regulation 11 of these Regulations or corresponding certificate issued by another Member State to which Council Directive No. 77/796/EEC of 12 December 1977^(b), relates;

"company" has the same meaning as it has in the Companies Acts, 1963 to 1990, and, where appropriate, includes a cooperative and any other body corporate duly established;

"the condition of professional competence" means the condition as to professional competence referred to in Article 3 of the Principal Directive and to which Regulation 9 (1) of these Regulations relates;

"cooperative" means any cooperative registered under the Industrial and Provident Societies Acts, 1893 to 1978;

"good repute" shall be construed in accordance with Regulation 7 of these Regulations;

"goods" does not include passenger's luggage or mails (including mail bags and postal packets) but does include anything which is merchandise within the meaning of section 2 of the Act of 1933;

^(b) O.J. No. L334/37. 24.12.1977.

"hired vehicle" means any vehicle which, for remuneration and for a determined period, is put at the disposal of an undertaking which engages in the carriage of goods by road for hire or reward or for its own account on the basis of a contract with the undertaking which makes the vehicles available;

"international road freight carrier's licence" has the meaning assigned by section 1 of the Act of 1986;

"Member States" means the Member States of the European Communities;

"merchandise" has the meaning assigned to it by section 2 of the Act of 1933;

"the Minister" means the Minister for Tourism, Transport and Communications;

"national road freight carrier's licence" has the meaning assigned by section 1 of the Act of 1986;

"the Principal Directive" means Council Directive No. 74/561/EEC of 12 November 1974^(a), and every other Directive which amends or extends that Directive;

"the Register" has the meaning assigned to it by Regulation 14 of these Regulations;

"the Regulations of 1977" means the European Communities (Merchandise Road Transport) Regulations, 1977 ( S.I. No. 386 of 1977 );

"the Regulations of 1988" means the European Communities (Merchandise Road Transport) Regulations, 1988 ( S.I. No. 180 of 1988 );

"relevant offence" means any offence specified in the First Schedule to these Regulations;

"solicitor" means a person who holds a current practising certificate granted under the Solicitors Acts, 1954 and 1960;

"statutory declaration" means a declaration under the Statutory Declarations Act, 1938 (No. 37 of 1938);(a)O.J. No. L308/18. 19.11.1974

^(a) O.J No. L308/18. 19.11.1974.

"transport manager", in relation to a merchandise road transport business or to an application for a carrier's licence in respect of such a business, means a person who—

( a ) holds a certificate of competence, and

( b ) is of good repute and over eighteen years of age, and

( c ) is designated by notice in writing given to the Minister,

and is or will be engaged to continuously and effectively manage the transport operations of the merchandise road transport business in the capacity of an employee or owner of, a partner in, or a director of a company engaged in, that business;

"trustee savings bank" means a trustee savings bank within the meaning of the Trustee Savings Banks Act, 1989 (No. 21 of 1989), to which a licence was granted by the Central Bank of Ireland under section 15 of that Act;

"undertaking" means any natural person, any legal person whether profit-making or not, any association or group of persons without legal personality whether profit-making or not, or any official body whether having its own legal personality or being dependent upon an authority having such personality.

(2) A word or expression that is used in these Regulations and is also used in the Principal Directive has, unless the contrary intention appears, the same meaning in these Regulations that it has in that Directive.

(3) Any reference in these Regulations to any Act or Regulation shall be construed as a reference to that Act or Regulation as amended by any subsequent enactment.

3 Requirement to hold a carrier's licence

3. (1) Subject to the exemptions provided for in the Road Transport Acts, 1933 to 1986, a person, in the course of a merchandise road transport business carried on by him, shall not engage in the carriage of goods to or from—

( a ) a place within the State and another place within the State, or

( b ) a place within the State and a place outside the State,

unless that person holds a national or international road freight carrier's licence.

(2) A person who contravenes this Regulation shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £1,000.

4 Vehicles hired without driver

4. (1) An undertaking shall not use a vehicle, hired from another undertaking, for the carriage of goods by road unless—

( a ) the hire contract relates solely to the hiring of a vehicle without a driver and is not accompanied by a service contract concluded with that other undertaking covering driving or accompanying personnel,

( b ) the hired vehicle is at the sole disposal of the undertaking using it during the period of the hire contract, and

( c ) the hired vehicle is driven by personnel of the undertaking using it.

(2) The following documents shall be carried on board a vehicle to which paragraph (1) (a) of this Regulation relates as proof of compliance with that paragraph, that is to say:

( a ) the contract of hire, or a certified extract from that contract giving in particular the name of the lessor, the name of the lessee, the date and duration of the contract and the identification of the vehicle,

( b ) where the driver is not the person hiring the vehicle, the driver's employment contract or a certified extract from that contract giving in particular the name of the employer, the name of the employee and the date and duration of the employment contract or a recent pay slip.

(3) A person who contravenes this Regulation shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £1,000.

(4) In this Regulation "certified" means certified in writing by the parties to the contract concerned as being a true and accurate extract from that contract, which certification is to be signified by the signature of each party to that contract or, where a party is a body corporate, by the seal of the body corporate or the signature of a person duly authorised to so certify on behalf of that body corporate.

5 Application for a carrier's licence

5. (1) An application for a carrier's licence shall contain—

( a ) where the applicant is an individual, particulars of any relevant offence which the applicant and, where the transport manager is not the applicant, the transport manager has been convicted of in the five year period prior to the date of the making of the application together with details of any undischarged bankruptcy of any person mentioned in this subparagraph;

( b ) where the applicant is a partnership, particulars of any relevant offence which any of the partners and, where the transport manager is not a partner, the transport manager of the partnership has been convicted of in the five year period prior to the date of the making of the application together with details of any undischarged bankruptcy of any person mentioned in this subparagraph;

( c ) where the applicant is a company, particulars of any relevant offence which the company, its secretary, transport manager, or any director thereof has been convicted of in the five year period prior to the date of the making of the application together with details of any undischarged bankruptcy of any natural person mentioned in this subparagraph;

( d ) where the applicant is a cooperative, particulars of any relevant offence which its secretary or any member of the committee of management has been convicted of in the five year period prior to the date of the application together with details of any undischarged bankruptcy of any person mentioned in this subparagraph:

Provided that nothing in this Regulation shall be construed as imposing a requirement to disclose particulars of any conviction in respect of which a court applied the Probation of Offenders Act, 1907.

(2) An application for a carrier's licence shall be accompanied by—

( a ) an affidavit made by—

(i) the applicant, where the applicant is an individual,

(ii) each partner, where the applicant is a partnership,

(iii) a director or the company secretary, where the applicant is a company, or

(iv) the secretary of the cooperative, where the applicant is a cooperative,

in the form set out in Part I, II or III, as appropriate, of the Second Schedule to these Regulations,

( b ) an affidavit made by an auditor or solicitor, which shall be in the form set out in the Third Schedule to these Regulations,

( c ) an affidavit made by—

(i) the applicant, where the applicant is an individual,

(ii) a partner, where the applicant is a partnership,

(iii) a director or the company secretary, where the applicant is a company, and

(iv) the secretary of the cooperative, where the applicant is a cooperative,

in the form set out in the Fourth Schedule to these Regulations, and

( d ) an affidavit made by the transport manager or by the person who is to take up duties as the transport manager, as the case may be, of the applicant, in the form set out in the Fifth Schedule to these Regulations.

(3) The Minister may seek further particulars of any matter which appears to him to be relevant to his consideration of an application, or a request for review of a refusal of an application, under this Regulation and may require such particulars to be given to him by means of an affidavit, a statutory declaration or in such other manner as he may direct.

(4) The Minister may make such enquiries as he sees fit in order to verify any information contained in an application for a carrier's licence or in any affidavit accompanying such an application or to verify any particulars given to him pursuant to paragraph (3) of this Regulation.

6 Compliance with subsection (1) (c) of section 11 of the Act of 1933.

6. (1) An applicant for a carrier's licence who is an individual and who—

( a ) satisfies the Minister that he is of good repute and appropriate financial standing, and

( b ) satisfies the condition as to professional competence,

shall be deemed to have complied with the requirements of subsection (1) (c) (inserted by the Act of 1986) of section 11 of the Act of 1933.

(2) An applicant for a carrier's licence which is a partnership and which—

( a ) satisfies the Minister that the partnership, each of the partners and transport manager are of good repute and that the partnership is of appropriate financial standing, and

( b ) satisfies the condition as to professional competence,

shall be deemed to have complied with the requirements mentioned in paragraph (1) of this Regulation.

(3) An applicant for a carrier's licence which is a company and which—

( a ) satisfies the Minister that the company, each of the directors, the company secretary and the transport manager are of good repute and that the company is of appropriate financial standing, and

( b ) satisfies the condition as to professional competence,

shall be deemed to have complied with the requirements mentioned in paragraph (1) of this Regulation.

(4) An applicant for a carrier's licence which is a cooperative and which—

( a ) satisfies the Minister that the cooperative, each of the members of its committee of management, the cooperative secretary and the transport manager are of good repute and that the cooperative is of appropriate financial standing, and

( b ) satisfies the condition as to professional competence,

shall be deemed to have complied with the requirements mentioned in paragraph (1) of this Regulation.

7 Good repute

7. (1) In considering whether or not an applicant for a carrier's licence is of good repute, the Minister shall have regard to any conviction or bankruptcy, the particulars of which the applicant is required to disclose under Regulation 5 (1) of these Regulations.

(2) In considering the good repute of an applicant to whom Article 3 of Council Directive 77/796/EEC of 12 December 1977, relates, the Minister shall, notwithstanding paragraph (1) of this Regulation, accept as sufficient proof of good repute and of no previous bankruptcy, a document to which paragraph 1 of the said Article 3 relates together with, where appropriate, a certificate to which paragraph 2 of the said Article 3 relates, but only if such documents have been submitted to the Minister not more than three months after their date of issue.

(3) In considering whether the holder of a carrier's licence continues to satisfy the requirement of good repute, the Minister shall have regard to any conviction, particulars of which the applicant would be obliged to disclose under Regulation 5 (1) of these Regulations if he was to make a new application for a carrier's licence.

(4) ( a ) Undertakings established in the State shall not satisfy or shall no longer satisfy, as appropriate, the good repute requirement where the relevant individual or individuals, as the case may be, have been convicted in the five year period prior to the date of the application of—

(i) an indictable offence, whether convicted on indictment or not,

(ii) either or both—

(I) a number of relevant offences more than once, and

(II) a number of relevant offences,

which are of such a nature that the Minister is not satisfied, or is no longer satisfied, as appropriate, that the undertaking concerned would satisfy, or continues to satisfy, the good repute requirement,

or where the relevant individual or any of the relevant individuals, as the case may be, is an undischarged bankrupt or in respect of any such individual there is in existence (whether under the control of a court or otherwise) an arrangement with creditors.

( b ) References in this paragraph to a relevant individual or relevant individuals means—

(i) where the undertaking concerned is a natural person, that person,

(ii) where the undertaking concerned is a company, its directors and its secretary,

(iii) where the undertaking concerned is a cooperative, the members of its board of management and its secretary,

(iv) where the undertaking concerned is a partnership, the partners.

(5) Where an application for a carrier's licence is refused on the grounds that the applicant has failed to satisfy the requirement of good repute, the Minister shall review the application upon being requested in writing by the applicant at any time after the expiration of—

( a ) in the case of a first request for review of the application, six months from the date of the initial refusal of the application,

( b ) in any other case, six months from the date of the last request for review of the application was made by the applicant.

8 Financial standing

8. (1) In considering whether an applicant for a carrier's licence is of appropriate financial standing the Minister shall take into consideration whether such applicant can prove that there are available to such applicant sufficient financial resources to ensure, where appropriate, the proper launching and, in every case, the proper administration of the relevant merchandise road transport business and for those purposes the Minister shall have regard to the appropriate information contained, or documents exhibited, in the affidavits made under paragraph (2) of Regulation 5 of these Regulations and to any other relevant particulars or enquiries under paragraph (3) or (4), respectively, of that Regulation.

(2) Where the applicant for a carrier's licence comes from outside the State, the Minister shall, notwithstanding paragraph (1) of this Regulation, accept as sufficient proof of appropriate financial standing, a document to which paragraph 1 of Article 4 of Council Directive 77/796/EEC of 12 December 1977, relates together with, where appropriate, a certificate to which paragraph 2 of that Article relates, but only if such documents have been submitted to the Minister within a reasonable period of having been made (being a period which, in the opinion of the Minister, is reasonable in the circumstances).

(3) Without prejudice to the generality of paragraph (1) of this Regulation, the documents referred to in that paragraph and exhibited in an affidavit for the purpose of Regulation 5

(2) ( b ) of these Regulations include an appropriate confirmation or assurance in writing, issued by an auditor or bank or other suitably qualified establishment, that the applicant has sufficient financial resources, being financial resources sufficient for the purposes of paragraph 2 of the affidavit.

9 Professional competence

9. (1) The condition as to professional competence shall be satisfied—

( a ) where the relevant carrier's licence is held by an individual who also holds a certificate of competence, or

( b ) where the relevant carrier's licence is held by a partnership or company, by the designation of one of the partners or directors who holds a certificate of competence, or

( c ) in any other case, by the engagement of one or more transport managers.

(2) Where there is a change of transport manager or where a person ceases to be transport manager, otherwise than by reason of incapacity or death, the Minister shall be notified in writing of that occurrence as soon as possible by the person to whom the relevant carrier's licence was granted, but in any event not later than fourteen days from that occurrence and in accordance with Article 6 (2) of the Principal Directive the Minister shall, where appropriate, allow a reasonable period within which a new transport manager shall be appointed and shall take up his duties, provided that such period shall not exceed three months from the date on which the latest transport manager has ceased to fulfil that role.

(3) Where a person is or is about to be appointed by an undertaking as a new or additional transport manager for the purposes of these Regulations, then the provisions of paragraph (2) (other than the provisions of subparagraphs (a) and (b)) of Regulation 5 of these Regulations shall be complied with as if the references therein to the applicant were references to an undertaking to which this paragraph relates and, accordingly, affidavits in the forms set out in the Fourth and Fifth Schedules, duly completed, shall be sent to the Minister, as soon as possible, by or on behalf of the undertaking concerned.

(4) Where the applicant for a carrier's licence holds a certificate of competence granted by another Member State the Minister shall accept the certificate as sufficient proof of professional competence in accordance with the provisions of Council Directive No. 77/796/EEC of 12 December 1977.

10 Death or incapacity or cessation of business

10. (1) Where the holder of a carrier's licence ceases to carry on or becomes physically or legally incapable of carrying on the relevant merchandise road transport business, the Minister shall be notified of that fact in writing as soon as may be, but in any event not later than two months from the occurrence of the event in question—

( a ) where the holder is a natural person, by that person or, where that person has died, his personal representative;

( b ) where the holder is a partnership, by one of the partners or former partners, as the case may be;

( c ) where the holder is a company, by the company secretary;

( d ) where the holder is a cooperative, by the secretary of the cooperative.

Provided that this provision shall be deemed to have been complied with by any other person who so notifies the Minister of that fact and who has been duly authorised to act on behalf of the natural person or personal representative, partnership, company or cooperative, as the case may be, either generally or in respect of this matter.

(2) Where a transport manager ceases by death to manage, or through ill-health becomes incapable of effectively managing, the transport operations of the relevant merchandise road transport business, the holder of the carrier's licence shall, as soon as may be, and in any event not later than two months from the occurrence of the event in question, inform the Minister in writing.

(3) Where the Minister has been duly informed by the holder of a carrier's licence of the occurrence of an event to which paragraph (2) of this Regulation applies, that holder shall appoint a new transport manager as soon as possible after that occurrence or cease to carry on the relevant merchandise road transport business:

Provided that, unless the Minister otherwise directs at any time, the holder may continue that business for a period not exceeding one year from the date of that occurrence, if he has sought permission to do so from the Minister in writing for reasons stated therein, and the Minister may, in writing, permit in a justified special case, an extension of a further maximum period of six months.

11 Grant of certificates of competence

11. (1) The Minister may grant a certificate, to be known and in these Regulations referred to as "a certificate of competence", to any natural person applying therefor who meets the appropriate requirements of paragraph (3) of this Regulation.

(2) The Minister may conduct examinations for the purposes of these Regulations and may, in relation to such examinations, provide or arrange for the provision of courses or training.

(3) Subject to paragraph (5) of this Regulation the Minister may, on an application being made by a natural person, grant—

( a ) a national certificate of competence to the said natural person where that person passes each of the subjects mentioned at A of the Annex to the Principal Directive in an examination conducted for the purposes of these Regulations by or on behalf of the Minister, or

( b ) an international certificate of competence to the said natural person where that person passes each of the subjects mentioned at A and B of the Annex to the Principal Directive in an examination conducted for the purposes of these Regulations by or on behalf of the Minister, or

( c ) a national certificate of competence to the said natural person where that person satisfies the Minister that he has a total of at least five years practical experience at management level in a road transport undertaking which was at any relevant time engaged in the carriage of goods by road either for hire or reward or on own-account in vehicles which were either owned or hired by that undertaking and which in the Minister's opinion includes an acceptable level of operations, or

( d ) an international certificate of competence to the said natural person where that person satisfies the Minister that he has a total of at least five years practical experience at management level in a road transport undertaking which was at any relevant time engaged in the carriage of goods by road either for hire or reward or on own-account in vehicles which were either owned or hired by that undertaking and which in the Minister's opinion includes an acceptable level of international operations.

( e ) a national certificate of competence or an international certificate of competence, as the case may be, to the said natural person where that person is the holder of any diploma or other qualification recognised for the purpose of this paragraph by the Minister as set out in the Sixth Schedule to these Regulations.

(4) Where any person applies for a certificate of competence under subparagraphs (c), (d) or (e) of paragraph (3) of this Regulation, such person shall furnish such documents, evidence or other information as the Minister may require for the purpose of establishing to the Minister's satisfaction that such person is eligible for a grant of the certificate applied for.

(5) ( a ) Where a person was granted an international road freight certificate under paragraph (2) or (4) of Regulation 5 of the Regulations of 1977, that person, if a natural person, or, in the case of a company or partnership, the transport manager thereof when the certificate was granted who was also the transport manager before 1st day of January, 1975, shall, on application to the Minister within six months after the date of the making of these Regulations, be entitled to be granted an international certificate of competence under these Regulations.

( b ) Where an international road freight certificate was granted under paragraph (3) or (5) of Regulation 5 of the Regulations of 1977—

(i) if the certificate was granted to a natural person, that person,

(ii) if granted, to a company or partnership, its transport manager at the time when the certificate was granted,

shall, if he was accepted as having duly complied with the requirements of provision (c) of Article 3 of the Principal Directive, be entitled, on application to the Minister within six months after the date of the making of these Regulations, to be granted an international certificate of competence under these Regulations.

( c ) A person who duly applied to the Minister for an international certificate of competence under subparagraph (c) of paragraph (6) of Regulation 7 of the Regulations of 1988 and has satisfied the Minister that, in accordance with that subparagraph, he qualified for the grant of an international certificate of competence under Regulation 13 (2) of the Regulations of 1977 shall be entitled to be granted an international certificate of competence under these Regulations.

( d ) The Minister may seek such information to be given to him as appears to him to be relevant to his consideration of an application under any provision of this paragraph and may require such information to be given to him by means of an affidavit, by statutory declaration, or in such other manner as he may direct.

(6) An application for a certificate of competence in accordance with paragraph (3), (4) or (5) of this Regulation shall be sent by the applicant to the Minister, or to such person as may be appointed in writing by the Minister to act on his behalf for the purposes of this Regulation, in such form as the Minister may direct and, upon receipt of—

( a ) the application duly completed,

( b ) the appropriate evidence to prove that the applicant is entitled to the grant of the certificate of competence applied for, and

( c ) on payment, by virtue of Regulation 14 of these Regulations, of the appropriate fee,

the Minister shall grant, or the person so appointed shall grant on behalf of the Minister, the certificate of competence applied for.

12 Continued compliance

12. (1) In considering whether the holder of a road freight carrier's licence continues to satisfy the requirements mentioned in paragraph (2) of this Regulation, the Minister shall have regard to any matter that he would be required by these Regulations to have regard to for the purposes of an application for a carrier's licence.

(2) To enable the Minister to satisfy himself that each of the requirements of good repute, appropriate financial standing and professional competence continue to be satisfied by the holder of a carrier's licence, the Minister may request in writing such holder to provide or cause to be provided, within a specified time, such information as the Minister thinks fit and may require such information to be given to him by means of an affidavit or statutory declaration as he may direct.

(3) The Minister may revoke a carrier's licence where a person to whom a request has been made under paragraph (2) of this Regulation has failed within the period specified by the Minister to duly provide that information.

13 Increase in vehicle weights or vehicle numbers

13. (1) No increase shall take place in—

( a ) the total number of vehicles authorised under a road freight carrier's licence, where the number of European Currency Units outlined in the latest financial statement submitted by the licensee was arrived at on the basis of vehicle numbers so authorised, or

( b ) the number of tonnes of maximum authorised weight of the vehicles authorised under a road freight carrier's licence, where the number of European Currency Units outlined in the latest financial statement submitted by the licensee was arrived at on the basis of the maximum authorised weight of the vehicles authorised under the road freight carrier's licence,

without the Minister's written consent thereto.

(2) This Regulation is in addition to and not in substitution for any other statutory requirement.

(3) In this Regulation "financial statement" means, where appropriate—

( a ) the affidavit made by an auditor or solicitor in the form set out in the Third Schedule to these Regulations together with the confirmation or assurance referred to in paragraph 2 of that affidavit,

( b ) an affidavit, statutory declaration or other document made by an auditor or bank or other suitably qualified establishment for the purposes of Regulation 5 (3) or 12 (2) of these Regulations.

14 Register of certificates of competence

14. (1) The register of certificates of competence established and kept by the Minister by virtue of Regulation 9 of the Regulations of 1988 (hereinafter referred to as "the Register") shall, notwithstanding the revocation of those Regulations, continue to be kept and shall be in such form and contain such particulars as the Minister shall from time to time direct.

(2) The Register shall at all reasonable times be open to inspection by any person.

(3) Any person shall be entitled to obtain from the Minister a copy of any entry in the Register.

(4) Every document purporting to be a copy of an entry in the Register, and purporting to be certified by an officer of the Minister to be a true copy of such entry shall, without proof of the signature of the person purporting so to certify or that he was such officer, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of such entry and to be evidence of the terms of such entry.

(5) ( a ) Any change in the name or address of a person registered in the Register shall be notified to the Minister by the person as soon as possible but in any event not later than two months from the date of the occurrence.

( b ) A person who contravenes this paragraph shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £100.

15 Delegation of Ministerial Functions

15. (1) The Minister may, where he considers it appropriate, appoint in writing any person or body (whether corporate or unincorporated) to perform on his behalf the following functions under Regulation 11 of these Regulations, that is to say—

( a ) to conduct any examination or part of an examination for the purposes of either or both subparagraphs (a) and (b) of paragraph (3) of the said Regulation 11,

( b ) to grant on behalf of the Minister a national certificate of competence or an international certificate of competence, as appropriate, to which subparagraph (a) or (b) of the said paragraph (3) relates,

and, without prejudice to the generality of the foregoing, where an unincorporated body of persons is so appointed, the Minister in the appointment shall indicate, as appropriate, the manner in which the certificate of competence is to be granted or the examination results are to be verified for the purposes of this Regulation.

(2) An appointment under paragraph (1) of this Regulation may be revoked by the Minister at any time but such a revocation shall not of itself prejudice any certificate granted or any examination conducted or being conducted.

(3) Where a person or body has been appointed under this Regulation the Minister shall in consultation (either before or after the appointment) with the Minister for Finance fix the fees (if any) to be paid directly to that person or body by an applicant for the grant of a certificate of competence or by a person who applies to be examined, as the case may be.

(4) The Minister shall cause a notice to be published in the Iris Oifigiúil of every appointment under paragraph (1) of this Regulation.

16 Fees

16. (1) There shall be paid to the Minister, in such manner as he may direct, such fees as he may, from time to time, specify in respect of any matter to which these Regulations (other than paragraph (2) of this Regulation or Regulation 15 of these Regulations) relate.

(2) There shall be paid to the Minister as regards—

( a ) inspection of the register, a fee of £3 per hour or part thereof, and

( b ) the provision of a certified copy of any entry in the register, a fee of £5 per copy.

(3) The following provisions shall, where appropriate, have effect in relation to fees payable by virtue of this Regulation, that is to say:

( a ) any fee payable in respect of an application, pursuant to Regulation 11 (4), for a certificate of competence shall not be refundable if the application is not granted,

( b ) all fees paid to the Minister shall be taken and collected in such manner as the Minister for Finance may from time to time direct and shall be paid into, or disposed of for the benefit of, the Exchequer in accordance with the directions of the Minister for Finance,

( c ) the Public Offices Fees Act, 1879, shall not apply in respect of fees paid to the Minister.

17 Exchange of information

17. (1) Where one or more than one offence has been committed by a non-resident transport operator against any of the rules governing road haulage which, in the opinion of the Minister is—

( a ) of such a serious nature, or

( b ) an offence which has been committed by the operator, or by a person acting on his behalf, more than once,

such that it might lead to the withdrawal of the authorisation to practice as a road haulage operator, then the Minister shall provide the competent authority in the Member State in which such a transport operator is established with all the relevant information in his possession concerning those offences and any penalties which have been imposed.

(2) Where the Minister withdraws the international road freight carrier's licence of a road haulage operator, he shall so inform the Commission of the European Communities.

18 Offence by body corporate

18. Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

19 Making of false declarations, etc.

19. Any person who—

( a ) for the purpose of obtaining, whether for himself or another, the grant of a certificate of competence or of a carrier's licence, or

( b ) for the purpose of satisfying, whether for himself or another, continued compliance with these Regulations,

makes any declaration or statement or provides any information which he knows to be false in a material particular, or recklessly makes any declaration or statement or provides any information which is so false, shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or, at the discretion of the Court, to both.

20 Prosecutions by Minister

20. An offence under these Regulations may be prosecuted by the Minister.

21 Revocation and consequential provisions

21. (1) Subject to Regulation 14 (1) of these Regulations and paragraphs (2) and (3) of this Regulation, the Regulations of 1988 are hereby revoked.

(2) Where an application for a carrier's licence was made before the commencement of these Regulations and to which Regulation 4 of the Regulations of 1988 relates but the application has not been granted by virtue of the application not having been fully considered by the Minister before such commencement, then the application shall be considered by the Minister as if these Regulations had not been made.

(3) Where a certificate of competence was granted under the Regulations of 1988 and is, at the commencement of these Regulations, a subsisting certificate of competence, it shall continue in force as if it had been granted under these Regulations.

FIRST SCHEDULE

Relevant Offences under Regulation 5(1)

( a ) any offence under the Roads Act, 1920;

( b ) any offence under the Road Traffic Acts, 1961 to 1987;

( c ) any offence under the Road Transport Act, 1933 (No. 11 of 1933);

( d ) any offence under the Dangerous Substances (Conveyance of Petroleum by Road) Regulations, 1979 ( S.I. No. 314 of 1979 ), or the Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) Regulations. 1980 ( S.I. No. 235 of 1980 );

( e ) any offence under any regulation made by the Minister under the European Communities Act, 1972 , relating to the carriage of goods by road;

( f ) any offence under the Offences against the State Act, 1939 (No. 13 of 1939);

( g ) any offence under section 27 , 28 or 29 of the Diseases of Animals Act, 1966 (No. 6 of 1966);

( h ) any offence under section 168 or 186 of the Customs Consolidation Act, 1876;

( i ) any offence under section 3 of the Customs Act, 1956 (No. 7 of 1956);

( j ) any offence under section 19 of the Misuse of Drugs Act, 1977 (No. 12 of 1977), in so far as it relates to an offence involving a vehicle;

( k ) any offence under the Firearms Acts, 1925 to 1990;

( l ) any offence under the Explosive Substances Act, 1883;

( m ) any offence under section 10 or 11 of the International Carriage of Perishable Foodstuffs Act, 1987 (No. 20 of 1987);

( n ) any offence under the Food Standards Act, 1974 (No. of 1974 );

( o ) any offence under the International Carriage of Goods by Road Act, 1990 (No. 13 of 1990);

( p ) any offence under section 33 of the Larceny Act, 1916, in so far as it relates to an offence involving the use of a haulage vehicle;

( q ) any offence under section 21 of the Finance Act, 1935 (No. 28 of 1935), or section 72 of the Finance Act, 1976 (No. 16 of 1976);

( r ) any offence under section 30 of the Agriculture Produce (Fresh Meat) Act, 1930 (No. 10 of 1930);

( s ) any offence under the Minimum Notice and Terms of Employment Acts, 1973 to 1989;

( t ) any offence under the Protection of Young Persons (Employment) Act, 1977 (No. 9 of 1977);

( u ) any offence under the Unfair Dismissals Act, 1977 (No. 10 of 1977);

( v ) any offence under the Maternity Protection of Employees Act, 1981 (No. 2 of 1981);

( w ) any offence under the Holidays (Employees) Act, 1973 (No. 25 of 1973);

( x ) any offence under a law in force in a Member State of the European Communities, other than the State, which corresponds to any of the foregoing offences;

( y ) any indictable offence, whether convicted on indictment or not.

SECOND SCHEDULE

Regulation 5 (2)

Part I

Form of affidavit to accompany an application for a carrier's licence (where the applicant is an individual)

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) REGULATIONS, 1991.

I, ..................................................... , of............................................................ ............................................................ ... ,

make oath and say that I am neither a bankrupt nor a person in relation to whom there is in existence an arrangement with creditors, whether under the control of a court or otherwise.

PART II

Form of affidavit to accompany an application for a carrier's licence (where the applicant is a partnership)

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) REGULATIONS, 1991

I,............, of ............................................................ ............, make oath and say that I, being a partner in ................ (which said partnership is applying for a grant of a carrier's licence) am neither a bankrupt nor a person in relation to whom there is in existence an arrangement with creditors, whether under the control of a court or otherwise.

(Jurat as in Part I)

Note: This Form to be completed by each partner.

PART III

Form of affidavit to accompany an application for a carrier's licence (where application is by a company or a cooperative)

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) REGULATIONS, 1991.

I, ............................................................ ...... , of ............................................................ ....................................,

make oath and say that neither I, being the director/secretary* of ............ , Ltd/plc* (which is applying for the grant of a carrier's licence) nor any director/committee member*, manager, transport manager or officer of the said company/ cooperative* has been a secretary, director/committee member*, manager, or officer of a company or cooperative which has been wound up by the High Court, other than that .................... (insert here, in relation to each case, the name of the relevant person, the name of the company/cooperative concerned and his position(s) in that company/ cooperative).

(Jurat as in Part I)

*Delete where not applicable.

THIRD SCHEDULE

Form of affidavit referred to in Regulation 5 (2) (b) of these Regulations

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) REGULATIONS, 1991

I, ............................................................ ..................., of ............................................................ ...... , being an auditor/solicitor* make oath and say as follows:

1. I make this affidavit, on the basis of documentation submitted to me, in respect of ............ (name) of .................. (address) who intends to apply (hereinafter referred to as "the applicant") for a national/international* road freight carrier's licence under Regulation 5 (2) of the European Communities (Merchandise Road Transport) Regulations, 1991, and I beg to refer to a list of the said documentation marked with the letter ...... and upon which I have endorsed my name prior to the swearing of this affidavit.

2. I hereby say that ............ being .................. (insert here the name and address of the auditor or the bank or other suitably qualified establishment recognised for the purposes of this affidavit), has issued in writing a confirmation/assurance* that the applicant has currently sufficient financial resources for—

( a ) the proper launching and proper administration of a merchandise road transport business*,

( b ) the continued proper administration of a merchandise road transport business*,

having regard to the annual accounts of the applicant (if any), funds available (including cash at bank, overdraft and loan facilities), any assets (including property which is available to provide security for the undertaking), costs (including purchase cost or initial payment for vehicles, premises, plant and equipment) and working capital, and has available capital and reserves of at least 3,000 European Currency Units per vehicle over 2.5 metric tons unladen weight or 150 European Currency Units per tonne of the maximum authorised weight of the vehicles to be authorised for the use under the licence, whichever is the lower; and I beg to refer to the said confirmation/assurance* marked with the letter ............ and upon which I have endorsed my name prior to the swearing of this affidavit.

3. The application form for a national/international* road freight carrier's licence has been fully and duly completed and is to be submitted at the same time as this affidavit.

4. The applicant is the holder of a current tax clearance certificate/C2 certificate (under section 17 of the Finance Act, 1970 , as amended) * issued by the Revenue Commissioners, valid from the .......... day of ............ , 19 ......, to the ........ day of ....... , 19 ...... .

5. The applicant wishes to have the vehicles, specified in the application form, authorised under the carrier's licence.

6. The applicant has produced to me, in respect of each vehicle to which paragraph 5 of this affidavit relates—

(1) the registration book for each such vehicle, issued under the Roads Act, 1920, showing that the vehicle is registered in the full and correct name of the applicant and that each such vehicle is currently licensed,

(2) evidence that each such vehicle is owned, hired, or leased, by the applicant, which consists of—

( a ) a leasing agreement showing that the vehicle has been leased by the applicant*,

( b ) a letter or certificate from a bank or other financial institution showing that the applicant received a loan for the purpose of purchasing the vehicle*, a receipt showing that the applicant paid for the vehicle in full*,

( c ) an agreement to hire the vehicle in accordance with Regulation 4 of the European Communities (Merchandise Road Transport) Regulations, 1991*.

7. The applicant has produced to me in respect of each vehicle to which paragraph 5 of this Affidavit relates a certificate of insurance issued under the terms of the Road Traffic Acts, 1961 to 1987, showing that the vehicle is insured in the name of the applicant for use for hire or reward and that no amounts are outstanding in respect of insurance premiums.

8. The applicant has produced to me in respect of each vehicle for which a tachograph is required (by virtue of Council Regulation No. 3821/85/EEC of 20 December 1985, on recording equipment in road transport and the European Communities (Road Transport) (Recording Equipment) Regulations, 1986 ( S.I. No. 393 of 1986 ))—

*a written record of tachograph calibration duly issued by the workshop or fitter who—

( a ) installed, repaired or checked and inspected the tachograph, and

( b ) is approved for those purposes under Regulation 5 of the European Communities (Road Transport) (Recording Equipment) Regulations, 1986,

*in the case of a vehicle purchased brand new, a written record of tachograph calibration duly issued by or on behalf of the manufacturer of the vehicle,

and the date of calibration, as indicated on the said written record is within the period of six years immediately prior to the date of swearing this affidavit.

9. *'The applicant is a limited company/public limited company* and a certificate of incorporation and a certificate of change of name* has been given by Registrar of Companies.

10. *The applicant is a cooperative registered with the Registrar of Friendly Societies under the Industrial and Provident Societies Acts, 1893 to 1978.

11. *The applicant is a statutory body corporate established by .................. (insert here title of Act or Statutory Instrument).

12. *The current directors/committee members* and company secretary are as listed by the applicant in the application form.

13. *The applicant proposes to trade as .................. (which is a registered business name under the Registration of Business Names Act, 1963 ).

(Jurat as in the form contained in Part I of the Second Schedule to these Regulations)

*Delete where not applicable.

FOURTH SCHEDULE

Form of Affidavit referred to in Regulations 5 (2) (c) and 9 (3)

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) REGULATIONS, 1991

I, .................................................., of ............................................................ ......................................., being a person to whom clause (i), (ii), (iii) or (iv) of Regulation 5 (2) (c) or Regulation 9 (3) of the European Communities (Merchandise Road Transport) Regulations, 1991, relates, make oath and say as follows:

1. That (name) ............................................................ ............................................................ ... of (home address)

............................................................ ............................................................ ............................................................ ........

is/will be* employed to continuously and effectively manage the transport operations of the merchandise road transport business of ............ and commenced/will commence* as Transport Manager from ............ . The total weekly hours arising from the duties of Transport Manager is/will be* ...... hours per week.

2. That the said ............ satisfies the conditions of professional competence provided for in Regulation 9 (1) of the European Communities (Merchandise Road Transport) Regulations, 1991, in relation to the merchandise road transport business referred to in the paragraph numbered 1 of this affidavit.

3. That the said ............ has no other occupation/has another occupation as .................. which involves ...... hours per week*.

(Jurat as in form contained in Part I of Second Schedule to these Regulations)

"Delete where not applicable.

FIFTH SCHEDULE

Form of Affidavit referred to in Regulations 5 (2) (d) and 9 (3)

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) REGULATIONS, 1991

I, ............................................................  of ............................................................ ............................................ ,

make oath and say as follows:

1. That I accept being engaged to continuously and effectively manage the transport operations of the merchandise road transport business of .......

2. That I satisfy the conditions of professional competence provided for in Regulation 9 (1) of the European Communities (Merchandise Road Transport) Regulations, 1991, in relation to the merchandise road transport business referred to in this affidavit.

3. That I commenced/will commence* as Transport Manager from ............ and that the total weekly hours arising from the duties of Transport Manager is/will be* ...... hours per week,

4. That I have no other occupation/have another occupation as ............ which involves ...... hours per week*.

(Jurat as in form contained in Part I of Second Schedule to these Regulations)

*Delete where not applicable.

SIXTH SCHEDULE

Qualifications referred to in Regulation 10 (3) (d)

1. Chartered Institute of Transport Intermediate or Final Examination Pass which required a study of relevant aspects of road freight transport to the satisfaction of the Minister.

2. University Degree or other third level qualification which has required a study of relevant aspects of contemporary road freight transport to the satisfaction of the Minister.

GIVEN under my Official Seal, this 21st day of March, 1991.

SÉAMUS BRENNAN,

Minister for Tourism, Transport and Communications.

EXPLANATORY NOTE.

The purpose of these Regulations is to:—

give effect in so far as road haulage operations are concerned to EC Council Directive No. 89/438/EEC amending Directive 74/561/EEC on admission to the occupation of road haulage operator in national and international transport operations and Directive 77/796/EEC aiming at the mutual recognition of diplomas, certificates and other evidence of formal qualifications for goods haulage operators and road passenger transport operators, including measures intended to encourage these operators effectively to exercise their right to freedom of establishment; and provide for the introduction of penalties in cases where holders of certificates of competence do not notify a change of address within a specific period.