Dáil Éireann debate -
Wednesday, 29 Feb 1956

Vol. 154 No. 7

Road Transport Bill, 1955—Committee and Final Stages.

Section 1 agreed to.

SECTION 2.

Minister for Industry and Commerce (Mr. Norton):

I move amendment No. 1:—

In sub-section (1), to delete all words from and including "and" in line 29 down to the end of the sub-section.

I move the deletion of those words because they do not, in fact, add anything to the force of the Bill. They, in fact, found their way into the Bill because of a desire in the first instance of adopting another approach to the problem. In the examination of the matter, the deletion of these words was omitted before the circulation of the Bill on the Second Stage.

Amendment agreed to.

Mr. Norton:

I move amendment No. 2:—

To delete sub-section (2) and substitute the following new sub-section:—

This section shall not apply to the temporary use of a vehicle hired by the registered owner of a similar vehicle, in substitution for his own vehicle, for—

(a) the carriage of his own goods,

(b) the delivery to his customers of merchandise normally supplied by him in the course of his trade or business, or

(c) the delivery to and collection from customers of merchandise which is to be or has been repaired, cleaned, laundered or dyed by him in the normal course of his trade or business,

provided that his own vehicle is not capable of being used for such purposes solely because of the need for repair or overhaul.

On the Second Stage, the question was raised by Deputies on both sides of the House as to the position of a licensed haulier who felt it necessary to send a vehicle into a garage for repairs, or some type of overhauling, or where the vehicle had been damaged in the course of a road accident and was no longer available for use. I pointed out then that the Supreme Court decision in this matter had not altered the law; that, in fact, the law, as it stood from 1933, does not, in fact, permit the substitution of a usable vehicle for a non-usable vehicle where any vehicle is unusable and is under repairs. It has been possible to surmount the technical rigidity by the fact that the Garda authorities always understood that substitution was necessary in these cases where a valid explanation was forthcoming. On the Second Stage of the discussion, I took a somewhat similar view myself, but it was pointed out that a legal difficulty might be raised somewhere throughout the country that the substitution of one vehicle, which was undergoing repairs, by another was not in accordance with the law, and, as we were tidying up the defects in the law revealed in the 1933 Act, I thought we might take advantage of the occasion to remedy that situation.

This amendment, therefore, has been produced for the purpose of making it possible to substitute one vehicle for another, in the circumstances set out in the amendment, which meets the viewpoint expressed on both sides of the House on the Second Reading.

Mr. M.J. O'Higgins:

I think the Minister has met the viewpoint put forward very fairly. I also think it is true to say that it is not possible to cover every single contingency in which it might be necessary to obtain the use of another vehicle temporarily. While I think the Minister has gone a long way towards meeting the point of view expressed here, I hope the Guards will interpret this section in the same spirit as they interpreted the Act originally. I think the Minister will understand what I am driving at.

The amendment covers a person who hires another vehicle while his own is incapable of being used, solely because of the need of repair or overhaul. Of course, there will be other instances—I do not expect the Minister to cover them all—when the necessity to hire a substitute vehicle will occur. One instance springs to my mind immediately. If an owner's vehicle is stolen and remains stolen for a week, a fortnight or a month, I should imagine that no one would have the slightest possible objection to his hiring one in the meanwhile. I agree that the Minister cannot cover all these things, but I hope the Guards will view the Act in the same way as previously.

Amendment agreed to.

Section 2, as amended, agreed to.

Section 3 agreed to.

Title agreed to.

Bill reported with amendments.

Agreed to take remaining stages now.

Question—"That the Bill be received for final consideration"—put and agreed to.

Question proposed: "That the Bill do now pass."

Mr. Derrig:

What is the position about the suggestion to try to meet the position of the agricultural community in regard to the change referred to on the Second Reading which has taken place in the present circumstances of transport by farmers? Does the Minister think it would be possible to do anything to meet the requests made that they should be reconsidered?

Mr. Norton:

I think the Deputy will agree that the discussion on that occasion was pretty wide of the target, but, in reply to the questions which were then raised, I indicated that I thought the matter was worthy of examination within the limited scope raised by some Deputies, but that it would cause all kinds of complications, if we were contemplating any such inroads on the 1933 Act as to permit people to carry merchandise in rural areas almost promiscuously.

Since the matter was discussed on the Second Stage, I have given a direction that it should be examined in the light of the fact that, since the 1933 Act was passed, the mode of transport, mainly the horse-drawn vehicle, had in many areas been substantially reduced in number; that the tendency was not to use that method of transport now or to an increasing extent in the future, but rather to a lesser extent. Therefore, I asked that the matter be examined and, when the examination is complete, I will be glad to indicate to the House, in answer to a parliamentary question, what my views on the matter are. Meantime, I note that the Opposition have put down an amendment asking the House to consider that aspect of the matter. However, either through discussion in the House or as a result of the direction I have given, the matter can be examined, and in any case we will have an opportunity of reporting in due course.

Question put and agreed to.