S.I. No. 66/1995 - Road Transport (Road Freight Carrier's Licence Application Form) Regulations, 1995.

S.I. No. 66 of 1995.

ROAD TRANSPORT (ROAD FREIGHT CARRIER'S LICENCE APPLICATION FORM) REGULATIONS, 1995.

I, MICHAEL LOWRY, T.D., Minister for Transport, Energy and Communications, in exercise of the powers conferred on me by sections 6 and 11 (as amended by section 2 of the Road Transport Act, 1986 (No. 16 of 1986)) of the Road Transport Act, 1933 (No. 8 of 1933), as adapted by the Tourism, Transport and Communications (Alteration of Name of Department and Title of Minister) Order, 1993 ( S.I. No. 17 of 1993 ), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Road Transport (Road Freight Carrier's Licence Application Form) Regulations, 1995.

(2) These Regulations shall come into operation on or after the 24 day of March, 1995, in respect of applications received on or after that date for the grant of a road freight carrier's licence to which these Regulations relate.

2. An application for the grant of a road freight carrier's licence shall be in the form contained in the Schedule to these Regulations.

3. The Road Transport (Road Freight Carrier's Licence Application Form) Regulations, 1991 ( S.I. No. 61 of 1991 ), are hereby revoked.

SCHEDULE

Regulation 2.

APPLICATION FOR ROAD FREIGHT CARRIER'S LICENCE

NOTE: THIS APPLICATION FORM WILL NOT BE ACCEPTED UNLESS FULLY COMPLETED AND ALL NECESSARY DOCUMENTATION IS ENCLOSED. A GUIDE TO ROAD HAULAGE LICENSING (AVAILABLE SEPARATELY FROM THE DEPARTMENT OF TRANSPORT, ENERGY AND COMMUNICATIONS) MAY ASSIST YOU IN COMPLETING YOUR APPLICATION.



APPLICANT DETAILS NOTE: PLEASE USE BLOCK LETTERS, IF YOU NEED MORE SPACE, PLEASE WRITE PARAGRAPH NUMBER AND DETAILS ON A SEPARATE PAGE, SIGN AND DATE THAT PAGE AND ATTACH IT TO THIS APPLICATION.
If you are re-applying for a carrier's licence, please give previous licence number: ................................................
DETAILS OF APPLICANT AND OPERATION
1. TYPE OF LICENCE BEING APPLIED FOR:
NATIONAL
		(please tick)
INTERNATIONAL
2. ( a ) Name of applicant:............................................................ ..........................................
( b ) If you use a trade name in connection with your business, please state—
(i) Trade Name:............................................................ ............................................
(ii) Number of Certificate of Registration of Business Name issued by the Companies Office:............................................................ ........................................................

3. ADDRESSES OF FIRM

Please state:

Business Office Address of Firm

Address or Addresses where Vehicles to be Licensed are normally based (if different from business address)

Registered Office (If different from Business Address)

4. NAMES AND ADDRESSES OF EACH PARTNER/DIRECTOR/ OTHER (if appropriate)

Name:.........................................................

Name:...............................................

Address:.....................................................

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

Address:...........................................

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

Name:.........................................................

Name:..............................................

Address:......................................................

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

Address:...........................................

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

5. Telephone Number:..................................

Fax Number.....................................

6. Local Garda plating station:............................................................ .................................

7. Vehicles to be used under the licence:

Registration Number	Unladen Weight	Date Vehicle Taxed until	Date Vehicle Insured until

(If necessary continue on a separate page, to be signed and dated by the applicant)

PROFESSIONAL COMPETENCE

8. Number of applicant's/transport manager's Certificate of Competence - National/International:............................................................ .................................
9. Transport manager: Name:............................................................ ........................................................... Address:............................................................ ....................................................... ............................................................ ............................................................ .......... Home telephone number:............................................................ ..........................
10. Has the transport manager any other employment?
YES
		(please tick)
NO
If yes, please state: ( a ) Name and address of other employer:........................................................... ............................................................ ............................................................ ..... ............................................................ ............................................................ ..... ( b ) Transport manager's other occupation: ........................................................ ( c ) Number of hours per week involved:............................................................ .. ( d ) Distance between place of other employment and base of transport firm:........ ( e ) Is the transport manager related to the applicant or to a partner or director of the applicant?
YES
		(please tick)
NO
If yes, please state relationship:............................................................ .....................................
GOOD REPUTE 11. Were there any convictions (excluding any conviction in respect of which the Court applied the Probation of Offenders Act, 1907) for any relevant offence specified in the First Schedule (as amended) to the European Communities (Merchandise Road Transport) Regulations, 1991( S.I. No. 60 of 1991 )⁽¹⁾ in the five years preceding the date of this application in respect of a relevant person⁽²⁾?
YES
	(please tick)
NO
If yes, please give the following details:

Offender's Name	Date Offence Committed	Nature of Offence	Court where Convicted⁽³⁾	Date of Conviction by Court	Penalty	If Fine Imposed, Date Paid

(If necessary continue on a separate page, to be signed and dated by the applicant)

^{________________}

⁽¹⁾See the European Communities (Merchandise Road Transport) Regulations, 1991 to 1995, or the Guidelines (available separately from the Department of Transport, Energy and Communications) for the completion of an application;

⁽²⁾Relevant person means—

(a) the applicant, where the applicant is an individual;

(b) each of the partners, where the applicant is a partnership;

(d) the cooperative, its secretary or any member of the committee of management, where the applicant is a co-operative;

(e) the transport manager, where the transport manager is not one of the above.

⁽³⁾If conviction was upheld on appeal please state that fact:

If conviction is being appealed, please state that fact.

12. Complete and attach Consent to Repute Equity Form (available from the Department) in respect of each relevant person⁽²⁾.

FINANCIAL STANDING

13. Does the firm/applicant have sufficient resources for the proper launching and administration or continued proper administration of a road transport business and have available at least 3,000 European Currency Units per vehicle or 150 European Currency Units per tonne of the maximum authorised weight of all the vehicles to be authorised for use under the road freight carrier's licence?⁽⁴⁾

YES
			(please tick)
NO

14. Are you (the applicant) or any partner in/director of/transport manager of the firm to which this application relates an undischarged bankrupt or a person in relation to whom there is in existence an arrangement with creditors, whether under the control of the court or otherwise?

YES
			(please tick)
NO

If "YES" please give details:............................................................ .............................................

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

DECLARATION:

I hereby declare that the information furnished in this application is true and accurate.

If the person employed as transport manager ceases to be employed as transport manager, I undertake to notify the Department of Transport, Energy and Communications, in writing, of that fact within fourteen days of the person ceasing to be transport manager.

I also enclose the appropriate fee.

Signature of applicant: _____________________Date:....................................................

(In the case of a partnership, company or other legal entity, give status of signatory):

Status:_______________________

WARNING: If you deliberately make a false declaration you are liable on conviction to imprisonment or to a fine or to both.

⁽⁴⁾In assessing the resources available to the firm, regard should be had to annual accounts (if any), funds available (including cash at bank, overdraft and loan facilities) any assets (including property which is available to provide security for the road transport business) costs (including purchase cost or initial payment for vehicles, premises, plant and equipment) and working capital. Independent confirmation from an accountant or bank or other suitably qualified establishment must be enclosed to support this statement.

GIVEN under my Official Seal, this 23rd day of March, 1995.

MICHAEL LOWRY,

Minister for Transport, Energy and

Communications.

EXPLANATORY NOTE.

The effect of the Instrument is to alter the prescribed application form for Road Freight Carrier's Licence.