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Dáil Éireann debate -
Thursday, 15 Oct 1992

Vol. 423 No. 6

Written Answers. - Merchandise Road Transport Regulations.

Jim Higgins

Question:

80 Mr. J. Higgins asked the Minister for Tourism, Transport and Communications the reason that a haulier who obtained a Road Freight Certificate under Regulation Seven of the European Communities (Merchandise Road Transport) Regulations, 1977, is now being compelled to produce a Certificate of Competence; and if she will make a statement on the matter.

Regulation 7 of the European Communities (Merchandise and Road Transport) Regulations, 1977 was a special provision which enabled the grant to a family member of a Road Freight Certificate and Merchandise Licence in cases where the holder of same died, in order to ensure the continued operation of the business.

This provision allowed the new holder to satisfy the three main requirements of financial standing, good repute and professional competence only during the remaining period of the licence. Consequently, when the licence expired, any application for a new licence in these circumstances would require applicants to satisfy all three requirements. This means that such applicants, apart from meeting the financial standing and good repute requirements, must also in their own right, meet the professional competence requirement, either by obtaining a Certificate of Competence themselves or by designating a holder of such a Certificate as their Transport Manager.

The 1977 Regulations have been superseded by the European Communities (Merchandise Road Transport) Regulations 1991 and 1992. These latter Regulations have similar provisions covering similar circumstances relating to the death or incapacity of a licence holder.

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