TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 46 Interpretation of ""carriage for reward'' for purposes of Parts II and III and this Part.

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TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 46

Interpretation of ""carriage for reward'' for purposes of Parts II and III and this Part.

46. For the purpose of Parts II and III and this Part

(a)the expression "reward" shall include consideration of any kind whether
monetary or not;

(b)where a motor vehicle is being used on a road to carry for reward any
passengers or any goods the driver of the vehicle, if it belongs to him or is
in his possession under an agreement for hire, hire-purchase, credit-sale or
loan, and, in any other case, the person whose agent or servant the driver is,
shall be deemed to be the person by whom the vehicle is being so used (in this
section referred to as "the carrier"):

Provided that where an agreement for the hire of a motor vehicle which is used
to carry passengers or goods on a road is accompanied by a transfer to the
person hiring the vehicle of the services of a driver thereof, the person by
whom the vehicle has been let on hire shall be deemed to carry such passengers
or goods for reward;

(c)goods carried in a motor vehicle on any road pursuant to any contract or
arrangement

(i)under which the carrier, otherwise than in the ordinary course of his trade
or business, agrees or arranges with any other person to purchase or obtain
any goods in one place and to sell or deliver such goods subsequently to that
person or as directed by him at another place for a price which exceeds the
price paid or payable by the carrier for the goods by an amount wholly or
partly determined by or based upon or capable of being attributed to the cost
of carrying the goods;

(ii)under which the carrier, otherwise than in the ordinary course of his
trade or business, purchases or agrees to purchase from any other person any
goods which are or are to be carried to some place for the purpose of being
sold there and the price paid or to be paid by the carrier to the vendor for
the goods is less than the price received or to be received by the carrier on
such sale by an amount wholly or partly determined by or based upon or capable
of being attributed to the cost of carrying the goods; or

<(iii)providing that any motor vehicle belonging to two or more persons as co-owners or as partners may be used by any one of them for the purpose of carrying his goods in return for a contribution made or to be made by him towards the expenses of operating the vehicle or to the partners or co-owners in return for his use of such vehicle;


(c)shall be deemed to be carried for reward;

(d)goods not the property of the carrier shall until the contrary is proved be
deemed to be carried for reward and where the carrier is a partnership firm or
other association of persons goods owned otherwise than in the like shares in
which the vehicle carrying it is owned shall be deemed not to be the property
of the carrier;

[(e)"international road haulage permit" means a licence, permit, authorisation
or other document issued in pursuance of a Community instrument relating to
the carriage of goods by road between member States or an international
agreement to which the United Kingdom is a party and which relates to the
international carriage of goods by road.][

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Northern Irish Legislation

TRANSPORT ACT (NORTHERN IRELAND) 1967 - SECT 46