asked the Minister for Transport and Power in what way the carriage of goods would cause widespread illegal competition with Córas Iompair Éireann and licensed hauliers in the case of farmers carrying goods and their milk cans in the same vehicle, having delivered their milk to the creamery; if this problem can be overcome by placing a limitation on the mileage as in the case of cattle being carried to marts; and if he will enter into discussions on this matter with the Irish Agricultural Organisation Society, or any other organisation representative of the milk producers.
Ceisteanna—Questions. Oral Answers. - Carriage of Goods by Farmers.
11.
It would not be practicable because of the difficulties of detection and proof of abuse to circumscribe a concession on these lines, either by limitation of mileage, quantity, or classes of goods so as to ensure that the carries concerned could not engage in haulage for reward on a commercial scale in unlawful competition with public transport and licensed hauliers.
As there is no objection to transport of goods on a genuine obligement basis without reward, I cannot see that there is any case for amending the law.
I may add that the difficulty in the particular case which the Deputy may have in mind appears to have arisen from the terms of the contract between the co-operative creamery concerned and the milk carriers under which the latter were required, in part consideration of the payments made to them, to deliver goods other than the empty milk cans. Any goods carried under such a contract would, it appears, be deemed by the Courts to be carriage for reward.
The Minister will agree that there is no question of carrying for reward in this case because the farmer is carrying back his own property. The big difficulty is—and I am sure the Minister will understand—that legal proceedings have to be instituted in order to prove there is no reward.
There have been legal proceedings.
Yes, there have been legal proceedings.