The Gazette 1987

GAZETTE

SEPTEMBER 1987

AT TENT I ON

New Solicitor Practices

(in first three years)

INTRODUCTORY OFFER

on acquisition of

Irish Law Reports Monthly

bound v o l umes 1 9 7 9 - 1 9 8 6

New solicitor practices now have an opportunity to acquire

bound volumes of ILRM 1979-1986 at a preferential

introductory rate.

For further details please contact the publishers

The Round Hall Press

Kill Lane

Blackrock, Co. Dublin.

Telephone: 892922

I I I ! R O l \ 1 )

I I A I 1 PRESS

facilitate existing carriers in the

period up to 30th September,

1988.

After the above date a Road

Freight Carrier's Licence will be

granted to any applicant who

satisfies the EEC requirements of

good repute, sound financial stan-

ding and professional competence.

So, there will no longer be a need

to inherit or purchase a licence. If

the requirements are fulfilled a

licence will be issued. There will be

no limitation regarding the number

of vehicles operated under a

licence but those that are authoris-

ed must be plated at a Garda

Siochana Vehicle Plate Issuing

Station.

We will now look at the E.E.C.

requirements relating to Good

Repute, Sound Financial Standing

and Professional Competence.

(a) Good Repute

Under the European Communities

(Merchandise Road Transport)

Regulations, 1977 and 1981 con-

victions for the following offences

will be taken into account in

assessing "Good Repute": —

(i)

Offences relating to Road

Tax.

(ii) Offences under the Road

T r a f f ic Ac t 1961 e . g .,

dangerous driving, drunk driv-

ing, defective vehicle, no in-

surance etc. (See Appendix V

for complete list of offences).

(iii) Of f ences

under

Road

Transport Act, 1933 i.e., Il-

legal Haulage (S.9 R.T.A.

1933, S.28, R.T.A. 1958) or

offences committed in E.E.C.

member states corresponding

to any of the foregoing of-

fences.

(iv) Any other convictions.

(b) Sound Financial Standing

This requirement can be satisfied

b y : -

(i)

indicating that a vehicle or

vehicles is/are t axed or

insured, or

(ii) proof that the vehicle is

leased for over one year or

that finance is available to

purchase it, or

(iii) Bank or other f i nanc i al

reference indicating sufficient

capital available to operate

the business.

(c) Professional Competence

This is indicated by: —

(i)

A National Certificate of

Competence for Ireland only,

(ii) An International Certificate of

Competence covering both

national and international

operations.

These apply to the operator or a

manager of the business.

Certificates of Competence are

issued to the following:

1. Persons who prior to 1975

lawfully operated a road transport

business.

2. People holding certain diplomas.

3. Persons who pass an

examination in the f o l l ow i ng

subjects:

(a) Road Safety

(b) Technical Matters

(d) Financial Management

(e) Law.

The examinations for Certificates

of Competence are conducted by

the

Chartered

I ns t i t u te

Transport.

Although reference has been

made to it before the Act provides

for the imposition of penalties up to

£5 , 000 for offences involving

illegal haulage and up to £1,000 in

the case of persons found guilty of

engaging unauthorised carriers to

carry goods for reward. (Section

(61 )

Vehicle Pletes

Every licensee under a Road Freight

Carrier's licence must have a

vehicle plate affixed to each

vehicle used in the business. These

are issued through Garda Siochana

Vehicle Plate Issuing Stations of

which there are ninety, all in major

towns throughout the country.

When application is made it must

be accompanied by the Licence

and details of the vehicle for which

the plate is required.

There are heavy penalties for

switching plates and in a case

where one is not displayed or is

illegible both the owner and the

driver can be fined up to £500.

The modern plate is affixed to

the cab windscreen.

The 1986 Act provides for the

appointment of Transport Officers

who have very wide powers to

ensure that the provisions of the

Act are adhered to.

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