Dáil Éireann díospóireacht -
Wednesday, 16 May 1934

Vol. 52 No. 8

Galway Harbour Bill, 1933. - Road Transport Bill, 1934—From the Seanad.

Minister for Industry and Commerce (Mr. Lemass)

I move that the Committee agree with the Seanad in amendment No. 1:—

1. New section. Before Section 9 a new section inserted as follows:—

9. Section 9 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say—

(a) by the substitution in sub-section (2) of the said section of the word "merchandise" for the words "on a merchandise road transport business" now contained therein;

(b) by the insertion after sub-section (3) of the said section of the following additional sub-section, that is to say—

(4) Where a person is proved to have carried merchandise by way of merchandise road transport, such person shall for the purposes of this section be deemed to have so carried such merchandise in the course of a merchandise road transport business carried on by him.

This amendment is really designed to effect a drafting alteration in the Road Transport Act of 1933. Sub-section (1) of Section 9 of that Act made it an offence to carry merchandise in the course of a merchandise road transport business except under licence or in an area exempted under the Act. The words "in the course of a merchandise road transport business" were necessary to bring in the various definitions given in Section 2, because there would be no offence in carrying merchandise definitely excluded by the two definitions, such as merchandise carried in an omnibus under a licence granted under the 1932 Act. The penalty provided in Section 9 (2) applies to the carrying on of a merchandise road transport business in contravention of the section and it is necessary to alter that phrase to read "carrying merchandise in contravention of the section" and to deem any merchandise to have been carried in the course of a merchandise road transport business which is proved to have been carried by way of merchandise road transport. That is within the definitions in Section 2. The amendment is really designed to repair what appears to have been a drafting error, as a result of which doubts arose as to the efficacy of the section.

Question agreed to.

Mr. Lemass

I move that the Committee agree with the Seanad in amendment No. 2:—

2. New section. Before Section 13 a new section inserted as follows:

13.—No application may be sent to the Minister under sub-section (1) of Section 51 of the Principal Act during the period of two years commencing at the expiration of one year after the day appointed by order made after the passing of this Act under sub-section (1) of Section 5 of the Principal Act to be the appointed day for the purposes of that Act.

This amendment is designed to effect in respect of merchandise road transport the same provisions which have been enacted in respect of passenger road transport under the Road Transport Act of 1933. Although a passenger licence could be compulsorily acquired by an authorised company, there was a close period commencing one year after the date on which the Act came into operation and terminating three years after the Act came into operation; that is a period of two years during which the compulsory clauses of the Act would not operate. It was represented that similar provisions should be made in respect of merchandise road transport operators and the purpose of this amendment is to effect the same provision on their behalf, namely, to provide a period of two years commencing one year after the appointed day, during which the compulsory acquisition clauses will not operate.

Question agreed to.

Agreement with Seanad amendments reported. Message to be sent to the Seanad accordingly.