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S.I. No. 67/1995 -- European Communities (Merchandise Road Transport) (Amendment) Regulations, 1995.

S.I. No. 67/1995 -- European Communities (Merchandise Road Transport) (Amendment) Regulations, 1995. 1995 67

S.I. No. 67/1995:

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) (AMENDMENT) REGULATIONS, 1995.

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) (AMENDMENT) REGULATIONS, 1995.

I, MICHAEL LOWRY, T.D., Minister for Transport, Energy and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purposes of giving further effect, in so far as road haulage operations are concerned, to Council Directive No. 74/561/EEC of 12 November, 1974(a), Council Directive No. 77/796/EEC of 12 December, 1977(b), Council Directive No. 84/647/EEC of 19 December, 1984(c), Council Directive No. 89/438/EEC of 21 June, 1989(d), and Council Directive No. 90/398/EEC of 24 July, 1990(e), hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Merchandise Road Transport) (Amendment) Regulations, 1995.

(2) The European Communities (Merchandise Road Transport) Regulations, 1991 and 1992, and these Regulations may be cited together as the European Communities (Merchandise Road Transport) Regulations, 1991 to 1995, and shall be construed together as one.

(3) These Regulations shall come into operation--

( a ) in the case of Regulation 8 of these Regulations, on the 24th day of March, 1995, in respect of any offence alleged to have been committed on or after that date, and

( b ) in the case of any other Regulations, on or after the 24th day of March, 1995, in respect of applications for the grant of a carrier's licence duly received on or after that date.

(a) O.J. No. L. 308, 19.11.1974, p. 18.

(b) O.J. No. L. 334, 24.12.1977, p. 37.

(c) O.J. No. L. 335, 22.12.1984, p. 72.

(d) O.J. No. L. 212, 22.7.1989, p. 101.

(e) O.J. No. L. 202, 31.07.1990, p. 46.

2. (1) In these Regulations "the Principal Regulations" means the European Communities (Merchandise Road Transport) Regulations, 1991 ( S.I. No. 60 of 1991 ).

3. Regulation 5 of the Principal Regulations is hereby amended in paragraph (2):

( a ) by the substitution in subparagraph (a) of "in the form set out in the Second Schedule to these Regulations" for "in the form set out in Part I, II or III, as appropriate, of the Second Schedule to these Regulations", and

( b ) by the deletion of subparagraph (c).

4. Regulation 7 of the Principal Regulations is hereby amended in paragraph (4)--

( a ) by the substitution of the following clauses (i) and (ii) of subparagraph (a):

"(i) a relevant offence tried on indictment which is of such a nature that the Minister is of the opinion that the undertaking concerned does not satisfy or does not continue to satisfy, as appropriate, the good repute requirement, or

(ii) the same relevant offence more than once or a number of relevant offences, which are of such a nature that the Minister is of the opinion that the undertaking concerned does not satisfy, or does not continue to satisfy, as appropriate, the good repute requirement,",

and

( b ) by the substitution of the following clauses for clause (iv) of subparagraph (b):

"(iv) where the undertaking concerned is a partnership, the partners, and

(v) where the provisions of Regulation 9 (1) (c) of these Regulations apply, the transport manager or transport managers concerned.".

5. Regulation 8 of the Principal Regulations is hereby amended in paragraph (3) by the substitution of "paragraph 4 of the affidavit" for "paragraph 2 of the affidavit".

6. Regulation 9 of the Principal Regulations is hereby amended in paragraph (3)--

( a ) by the substitution of "the provisions of paragraph (2) (d) of Regulation 5 of these Regulations" for "the provisions of paragraph (2) (other than the provisions of subparagraphs (a) and (b)) of Regulation 5 of these Regulations", and

( b ) by the substitution of "an affidavit in the form set out in the Fifth Schedule to these Regulations" for "affidavits in the forms set out in the Fourth and Fifth Schedules".

7. Regulation 13 of the Principal Regulations is hereby amended in paragraph (3) (a) by the substitution of "paragraph 4 of the affidavit" for "paragraph 2 of the affidavit".

8. The First Schedule to the Principal Regulations is hereby amended by the insertion of the following paragraph after paragraph (w):

"(ww) any offence under section 215 of the Social Welfare (Consolidation) Act, 1993 (No. 27 of 1993);".

9. The Principal Regulations are hereby amended by the substitution of the provisions set out in Schedule A to these Regulations for the Second Schedule to the Principal Regulations.

10. The Principal Regulations are hereby amended by the substitution of the provisions set out in Schedule B to these Regulations for the Third Schedule to the Principal Regulations.

11. The Principal Regulations are hereby amended by the revocation of the Fourth Schedule to the Principal Regulations.

12. The Principal Regulations are hereby amended by the substitution of the provisions set out in Schedule C to these Regulations for the Fifth Schedule to the Principal Regulations.

SCHEDULE A

Regulation 9.

"SECOND SCHEDULE

Form of Affidavit to be completed by an applicant for a road freight carrier's licence.

European Communities (Merchandise Road Transport) Regulations, 1991 to 1995.

[NOTE: in the case of an application on behalf of a partnership, an affidavit has to be sworn by each partner]

I, __________________(name), of __________________________ (address), make oath and say as follows:

1. The information in or with the application to which this affidavit relates is, to the best of my knowledge and belief, accurate and complete.

2. Neither I nor any partner in */director of */company secretary of */ committee member of */transport manager of* the firm to which this application relates is--

( a ) a bankrupt, or

( b ) a person in relation to whom there is in existence an arrangement with creditors, whether under the control of the court or otherwise.

3. I say that the following person is engaged*/will be engaged* as transport manager for the purposes of continuously and effectively managing the merchandise road transport business to which this affidavit relates:

Name: ___________________

Address:__________________

________________

............................................................ ...............................................

(Signature of person making the affidavit)

Sworn this ______ day of ______, ___, at __________________, in the County of ________, before me a Commissioner for Oaths (or other qualified person) and I know the person making the affidavit (or who is identified to me by ___________ who is personally known to me)

____________________

(Signature)

*Delete where not applicable

".

SCHEDULE B

Regulation 10.

"THIRD SCHEDULE

PART I

Form of Affidavit to be completed by accountant or solicitor.

European Communities (Merchandise Road Transport) Regulations, 1991 to 1995.

I, _________________(name), of ________________________ (address), being an accountant/solicitor* make oath and say as follows:

1. I make this affidavit on the basis of the documentation submitted to me in respect of the following transport operator who intends to apply (hereinafter referred to as 'the applicant') for a national/international* road freight carrier's licence under the European Communities (Merchandise Road Passenger Transport) Regulations, 1991 to 1995:

Name: ____________________

Address:___________________

_________________

2. I say that I believe that the applicant will submit a duly completed application.

3. I say that I have inspected the documents specified in the list attached to this affidavit marked with the letter "A" and upon which I have endorsed my name prior to the swearing of this affidavit and to the best of my knowledge and belief I have duly completed it and the documentation referred to therein is in order.

4. I hereby say that ________ being

(insert here the name and address of the accountant or the bank or other suitably qualified establishment recognised for the purpose of this affidavit), has issued in writing a confirmation/assurance* that the applicant has currently sufficient financial resources for the proper launching and proper administration of a merchandise road transport business/the continued proper administration of a road transport business* and I beg to refer to the said confirmation/assurance* marked with the letter "B" which is attached and upon which I have endorsed my name prior to swearing this affidavit.

(Jurat as in form contained in Second Schedule to these Regulations)

*Delete where not applicable

".

PART II

List "A" to be completed and attached to affidavit referred to in Part I of this Schedule

DOCUMENTS INSPECTED BY ACCOUNTANT/SOLICITOR IN SUPPORT OF THE APPLICATION FROM _____________________ FOR A ROAD FREIGHT CARRIER'S LICENCE
Please Tick
Yes No

1. Tax Clearance/C2 Certificate valid from_________ to __________(insert dates) in the name of the applicant:

2. A vehicle registration book/vehicle licensing certificate in respect of each vehicle to which the application relates showing each vehicle to be currently registered and taxed in the name of the applicant:

3. A certificate of insurance in respect of each vehicle to which the application relates showing each vehicle to be currently insured in the name of the applicant for use for hire or reward:

4. Where appropriate, evidence of tachograph calibration within the past six years for each vehicle to which the application relates (where tachograph calibration is not required for any vehicle to which the application relates, please put 'not appropriate' under the 'NO' column):

5. Certificate of incorporation, memorandum of association and articles of association (if applicant is a limited company), or partnership agreement (if the applicant is a partnership), or evidence of registration with the registrar of friendly societies (if the applicant is a co-operative) of such other relevant evidence if the applicant is a statutory body corporate:

6. Certificate or registration of the business name issued by the Companies Office and used by the applicant (where not appropriate, please put 'not appropriate' under the 'NO' column):

_________________________

Signature of accountant/solicitor who inspected documents.

Date:________________________

".

SCHEDULE C

Regulation 12.

"FIFTH SCHEDULE

Form of Affidavit to be completed by transport manager.

European Communities (Merchandise Road Transport) Regulations, 1991 to 1995.

I, ___________(name), of ________________________ (address), make oath and say as follows:

1. I am the holder of a national/international* certificate of competence number___________

2. I accept being engaged as Transport Manager to continuously and effectively manage the transport operations of the road transport business of:

Name: __________________________

Address:_________________________

_______________________

3. I am not a bankrupt or a person in relation to whom there is in existence an arrangement with creditors, whether under the control of the court or otherwise.

4. I commenced/will commence* as Transport Manager from ____________(date), and the total weekly hours arising from the duties of transport manager is/will be* not less than* ______ per week.

5. *l have no other occupation.

*I have another occupation as _____________ which involves_____________ hours per week.

(Jurat as in form contained in Second Schedule to these Regulations)

*Delete where not applicable

".

GIVEN under my Official Seal, this 23rd day of March, 1995.

MICHAEL LOWRY, T.D.,

Minister for Transport, Energy and

Communications.

EXPLANATORY NOTE.

The effect of the Instrument is to amend the format of various affidavits which must be submitted with an application for a Road Freight Carrier's Licence. The Instrument also amends the existing Regulations with regard to good repute.

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