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GAZETTE
SEPTEMBER 1987
Licensed Haulier and
the Road Transport
Act, 1986
In order to understand the changes
introduced by the Road Transport
Act, 1986, it is necessary to
examine the historical factors
giving rise to them.
Legal regulation of road haulage
began in the 1930s. Competition
between rail and road transport
was intense, and the railways were
tending to lose out. Unrestricted
competition meant that the vast
investment in the railway system
was endangered. For that reason,
and also in the interest of road
safety and industry in general, it
was essential that only responsible
firms should be allowed to operate
in the haulage business.
Prior to 1932 there was
practically no statutory regulation
of goods traffic by road at all. The
Road Transport Act, 1933 was
passed " t o make further and better
provision for the regulation and
con t r ol of the carriage of
passengers, merchandise, and
mails by road". The Act regulated
the conditions under which a
person could enter the road
haulage business. Anyone, or the
successor in title of anyone, who
carried on an existing merchandise
road transport business could apply
before the 1st April 1934 for a
certificate which, if issued, entitled
him to apply for a merchandise
licence. The Carrier, in his
application, had to state the
number of vehicles which he was
using in his merchandise road
transport business. Having satisfied
the provisions required by the Act the
applicant was issued wi th a
merchandise licence. Apart from
some few exceptions the mer-
chandise licences authorised by the
Act of 1933 are the forerunners of
those in operation today.
Apart from the requirement of a
merchandise licence each vehicle
belonging to a licensee had to carry
a vehicle plate. These were (and
still are) issued at designated Garda
stations.
The 1933 Act prohibited anyone
from entering into an agreement for
the carriage of goods for reward
with a person other than a licensee
under a merchandise licence if the
goods were to be carried outside an
exempted area. A person employing
such a carrier was liable to a fine not
exceeding £10 (£1,000 under the
1986 Act). The exempted areas
referred to above were areas within
a radius of 1 5 miles of Dublin and
Cork and 10 miles of other
nominated cities and towns.
by
J OHN P. ROWAN
Solicitor
As a result of the foregoing it can
be said that unless a person was:
(a) carrying his own goods, or
(b) operating in an exempted
area or
(c) the holder of a merchandise
licence
he could not lawfully carry goods
for reward.
The Act made provision for the
transfer of both licences and
plates, but a plate could not be
issued except to a licensee.
An individual or company could
acquire extra merchandise licences
and plates. At the time of writing
one company has in excess of 70
licensed vehicles. However, there
were no new merchandise licences
issued. Any acquired had to be, for
example, inherited or purchased.
The 1935 Road Transport Act
clarified the pos i t i on of an
individual or company employing
his/its own transport to carry is/its
own goods making it clear that a
licence was not required.
In 1 971 the Road Transport Act
a l l owed
the
holder
of
a
merchandise licence to increase
the number of vehicles operated by
him.
The European Communities Act
1972 was an enabling Act, to
allow Ac ts adop t ed by the
institutions of the Communities to
become binding on the State and
to become part of the domestic law
from the 1st January, 1973. This
Act allowed many Community
Transport Regulations to be applied
in
Ireland
including
the
requirements of good repute,
sound financial standing and
professional compe t ence for
those involved in carriage for
reward.
The main change brought about
by the 1986 Act will be in force
from 30th September, 1988. From
that date only one licence will be
obtainable, a Road Freight Carrier's
Licence. There will be no exempted
areas and no question of a licence
being transferred. There are interim
measures relating to existing
merchandise licences, national
road freight carrier's licences and
international road freight carriers'
licences. These are designed to
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T . T . W . A L L E N
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Ballyguile, Co. Wi ck l ow,
(0404) 69266 (anytime)
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