Roads Act 2007

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Tolls — definitions.

2.— The following is substituted for section 56 of the Principal Act:

“56.— In this Part—

‘ consumer-hire agreement ’ and ‘ hire-purchase agreement ’ have the meanings assigned to them, respectively, in the Consumer Credit Act 1995 ;

‘ default toll ’ means a toll charged and payable in accordance with bye-laws under section 61 in respect of a mechanically propelled vehicle where the toll initially charged and payable in respect of that vehicle for the use of a toll road has not been paid;

‘ licensing records ’ means records maintained under section 60(2) (inserted by section 86 of the Finance Act 1994 as amended by section 7 of the Motor Vehicle (Duties and Licences) Act 2003 ) of the Finance Act 1993 ;

‘ mechanically propelled vehicle ’ has the meaning assigned to it by the Act of 1961;

‘ owner ’ means—

(a) in relation to a vehicle (other than a vehicle specified in paragraph (b)), the person by whom the vehicle is kept, or

(b) in relation to a vehicle which is the subject of a hire-purchase or consumer-hire agreement, the person in possession of the vehicle under the agreement;

‘ registered in the State’ in relation to a vehicle, means the vehicle is entered in the register established and maintained by the Revenue Commissioners under section 131 of the Finance Act 1992 or in respect of which a licence has been taken out under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 ;

‘ registered owner ’ in relation to a vehicle, means where the vehicle—

(a) is registered in the State, the owner of the vehicle whose name is most recently entered in licensing records, or

(b) is used under a trade licence issued under section 21 of the Finance (No. 2) Act 1992 , the holder of the licence;

‘ road authority ’ means—

(a) in the case of a national road — the Authority, and

(b) in the case of a regional road or local road — the local authority in whose functional area the road is situated;

‘ road undertaking ’ means, in relation to a toll road—

(a) a road authority, or

(b) where the road authority has entered into—

(i) an agreement with another person under section 63 in relation to any of the matters referred to in paragraph (e) of that section, or

(ii) an arrangement with a partner under section 3(1) of the State Authorities (Public Private Partnership Arrangements) Act 2002 in relation to any of the matters referred to in paragraph (a) of that subsection,

that other person or partner;

‘ toll ’ means a toll (including a default toll) chargeable under this Part;

‘ toll road ’ means a public road or proposed public road in respect of which a toll scheme is in force;

‘toll scheme’ means a scheme under section 57.”.