asked the Minister for Communications (1) under the European Communities (Merchandise Road Transport) Regulations 1977 (S.I. 386/77) the number of road freight certificates which have been issued in each of the following categories: (a) merchandise licence holders on or prior to 31 December 1974; (b) holders of merchandise licences which were first held on or after 1 January 1975, and on or prior to 31 December 1977; (c) (i) holders of merchandise licences which were first held on or after 1 January 1978; (ii) the criteria which determine the grant of a certificate in this instance; (iii) the evidence required to substantiate the validity of an application in relation to these criteria; (d) non-merchandise licence holders who were engaged in haulage prior to 1 January 1975 in an exempted area; (e) (i) non-merchandise licence holders who were engaged in haulage prior to 1 January 1975 other than in an exempted area; (ii) the grounds which constituted lawful haulage in these cases; (f) (i) non-merchandise licence holders who first commenced haulage in an exempted area on or after 1 January 1975 and on or prior to 31 December 1977; (ii) the criteria which determined the grant in this instance; (iii) the evidence required to substantiate the validity of an application in relation to these criteria; (g) (i) non-merchandise licence holders who first engaged in haulage in an exempted area after 1 January 1978; (ii) the evidence which must be produced in support of such criteria; (h) (i) non-merchandise licence holders who first engaged in haulage in areas other than an exempted area after 1 January 1978; (ii) the grounds which constitute lawful haulage in these cases; (2) the number of road freight certificates which have been issued since the commencement of the scheme to: (i) merchandise licence holders; (ii) non-merchandise licence holders; (iii) exempted area hauliers; and (iv) hauliers of: livestock; milk; and turf; (3) the number of road freight certificates which have been revoked; and (4) the number of road freight certificates which have not been renewed.
Written Answers. - Road Freight Certificates.
It is not possible to furnish the detailed information in the form of sought from the available statistics in my Department. The amount of time which would be involved in compiling the data requested would not be warranted.
I have set out on the attached statement the requirements which must be met by certain applicants, specified in the question, for road freight certificates.
The total number of road freight certificates currently on issue is 2,279. Road freight certificates are granted only to persons setting up lawfully established merchandise road transport businesses, i.e. operating under a licence or exclusively in an exempted area. Hauliers of the exempted commodities of livestock (cattle, sheep and pigs), milk to creameries and turf are not required to hold a road freight certificate for national operations.
Requirements to be met by certain applicants for road freight certificates.
1. Holders of Merchandise Licences first held on or after 1 January, 1978 (Part (C) of Question)
Before a Road Freight Certificate is granted to a person or firm setting up a road haulage business, on or after 1 January, 1978, applicants must satisfy the EC requirements of good repute, sound financial standing and professional competence. The Regulations (S.I. No. 386 of 1977) which implement EEC Council Directives 74/561 and 77/796 lay down the criteria by which fulfilment of the requirements of good repute, financial standing and professional competence may be determined and provide for the conduct of examinations and the issue of Certificates of Competence.
In determining good repute, account is taken of any convictions which an applicant may have had in the three years preceding the date of application for certain offences as set out in Article 5 (17) of the Regulations and as substituted by Article 6 (f) of S.I. No. 431 of 1981.
Financial standing is determined by an applicant furnishing a Statutory Declaration that he is not an undischarged bankrupt and proving the availability of vehicles or sufficient resources to ensure the establishment and proper administration of the business. Articles 5 (13) (14) and (15) of the Regulations refer.
Applicants may satisfy the requirement as to professional competence by acquiring a Certificate of Professional Competence which may be obtained as set out below or by designating a professionally competent person, within his company, to undertake the continuous and effective management of the business:
(i) passing an examination;
(ii) proving experience as the operator or manager of a lawfully established merchandise road transport business prior to 1 January 1975;
(iii) having three years experience as the operator or manager of a lawfully established merchandise road transport business between 1 January, 1975 and before 1 January, 1980 (applications under this clause not accepted after 31 December, 1979);
(iv) holding certain approved diplomas.
Article 13 of the Regulations refers.
2. Non-Merchandise Licence Holders engaged in Haulage prior to1January, 1975 other than in an exempted Area (Part (E) of Question)
Non-Merchandise Licence holders who were engaged in haulage prior to 1 January, 1975, outside of the exempted areas, were not granted Road Freight Certificates.
3. Non-Merchandise Licence Holders who first commenced Haulage in an Exempted Area between 1 January, 1975 and 31 December, 1977 (Part (F) of Question)
Persons or firms who entered the road haulage industry between 1 January, 1975 and 31 December, 1977, were granted International Road Freight Certificates subject to proving professional competence by 31 December, 1979 — Article 5 (5) of the Regulations refers.
4. Non-Merchandise Licence Holders who first engaged in Haulage in an Exempted Area after 1 January, 1978 (Part (G) of Question)
Such persons must satisfy the requirements as to good repute, financial standing and professional competence as at 1 above.
5. Non-Merchandise Licence Holders who first engaged in Haulage in areas other than an Exempted Area after 1 January, 1978 (Part (H) of Question)
Non-Merchandise Licence holders in this category are not granted Road Freight Certificates.