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8 1933

ROAD TRANSPORT ACT, 1933

PART V.

Compulsory Transfer of Certain Merchandise Licenses and Passenger Licences, and Restrictions on Operation of Certain Merchandise Licences.

Merchandise (existing carrier's) licences and annual passenger licences to which Part V applies.

50. —(1) This Part of this Act applies to every merchandise (existing carrier's) licence, other than a merchandise (existing carrier's) licence held by an authorised (merchandise carrying) company or a shipping company or by a person whose merchandise road transport business is owned or controlled directly or indirectly by an authorised (merchandise carrying) company or a shipping company.

(2) This Part of this Act applies to every passenger licence, other than a passenger licence held by an authorised (passenger carrying) company or by a person whose passenger road service is owned or controlled directly or indirectly by an authorised (passenger carrying) company.

Application for orders transferring etc., certain merchandise licences and passenger licences.

51. —(1) Any authorised (merchandise carrying) company may send an application to the Minister requesting him to make—

(a) an order under this Part of this Act transferring a particular merchandise (existing carrier's) licence to which this Part of this Act applies to such company, or

(b) an order under this Part of this Act reducing the classes of merchandise specified in a particular merchandise (existing carrier's) licence to which this Part of this Act applies, or

(c) an order under this Part of this Act reducing the area of operation specified in a particular merchandise (existing carrier's) licence to which this Part of this Act applies.

(2) Any authorised (passenger carrying) company may at any time (other than during the period commencing at the expiration of one year after the date of the passing of this Act and ending at the expiration of three years after the said date) send an application to the Minister requesting him to make an order transferring a particular passenger licence to which this Part of this Act applies to such company.

(3) The licensee under a merchandise (existing carrier's) licence to which this Part of this Act applies may send an application to the Minister requesting him to make an order under this Part of this Act transferring such licence to a specified authorised (merchandise carrying) company.

(4) The licensee under a passenger licence to which this Part of this Act applies may send an application to the Minister requesting him to make an order under this Part of this Act transferring such licence to a specified authorised (passenger carrying) company.

(5) Every application under this section shall be in the prescribed form and contain the prescribed particulars.

(6) Whenever an application is sent to the Minister under this section the following provisions shall have effect, that is to say:—

(a) the Minister shall publish in the Iris Oifigiúil notice of such application;

(b) any person may within fourteen days after such publication make representations to the Minister in relation to such application.

(7) There shall be paid to the Minister on every application under this section a fee of such amount as may be prescribed by regulations made by the Minister with the consent of the Minister for Finance, and the payment of such fee (which shall be retained whether the application is or is not granted) shall be a condition precedent to the consideration of such application.

Making of orders under Part V.

52. —(1) Whenever an application is made to the Minister under the immediately preceding section in relation to a merchandise (existing carrier's) licence to which this Part of this Act applies the Minister may, subject to the provisions of this section—

(a) in case such application is for an order transferring such licence to a particular authorised (merchandise carrying) company, make an order (in this Act referred to as a transfer order) transferring such licence to such company; or

(b) in case such application is for an order reducing the classes of merchandise specified in such licence, make an order (in this Act referred to as a reduction order) reducing such classes to the classes of merchandise specified in such order; or

(c) in case such application is for an order reducing the area of operation specified in such licence, make an order (in this Act also referred to as a reduction order) reducing such area to the area specified in such order.

(2) Whenever an application is made to the Minister under the immediately preceding section for an order transferring a passenger licence to which this Part of this Act applies to a particular authorised (passenger carrying) company, the Minister may, subject to the provisions of this section, make an order (in this Act also referred to as a transfer order) transferring such licence to such company.

(3) The Minister shall not make an order under this section until the expiration of fourteen days after the date of the publication in the Iris Oifigiúil of notice of the application in pursuance of which such order is made and until he has considered any representations made in relation to the application.

(4) The Minister shall not make an order under this section unless he is of opinion that in the public interest it is expedient that such order should be made.

Operation of transfer orders and reduction orders.

53. —(1) Whenever the Minister makes a transfer order transferring a merchandise (existing carrier's) licence to an authorised (merchandise carrying) company or a transfer order transferring a passenger licence to an authorised (passenger carrying) company, the licence transferred by such order shall as on the specified in such order be transferred to such authorised (merchandise carrying) company or authorised (passenger carrying) company (as the case may be).

(2) Whenever the Minister makes a reduction order reducing the classes of merchandise specified in a merchandise (existing carrier's) licence, such licence shall as from the date specified in such order authorise the licensee to carry on a merchandise road transport business in respect of the classes of merchandise specified in such order and no other classes of merchandise.

(3) Whenever the Minister makes a reduction order reducing the area of operation specified in a merchandise (existing carrier's) licence, such licence shall as from the date specified in such order authorise the licensee to carry on a merchandise road transport business in the area specified in such order and no other area.

Compensation on transfer etc. of licences.

54. —Whenever a transfer order is made in relation to a merchandise (existing carrier's) licence or a passenger licence or a reduction order is made in relation to a merchandise (existing carrier's) licence, compensation shall be payable to the person who was the licensee under such licence immediately preceding the making of such order by, in the case of a transfer order, the person to whom such licence is by virtue of such transfer order transferred or, in the case of a reduction order, by the person upon whose application such reduction order was made, and the measure of such compensation shall be the pecuniary loss and expense (if any) which such first mentioned person sustains or incurs or will sustain or incur by reason of such order and which is the direct consequence of such order.

Determination of compensation.

55. —The amount of compensation payable to a licensee under the immediately preceding section shall, in default of agreement between such licensee and the person liable under this Part of this Act to pay such compensation, be determined and fixed by an arbitrator appointed under this Part of this Act and the decision of such arbitrator shall be final and conclusive.

Appointment of arbitrator.

56. —(1) Whenever the Minister makes an order under this Part of this Act in relation to a merchandise (existing carrier's) licence or a passenger licence, the Minister shall, unless the licensee under such licence and the person liable under this Part of this Act to pay compensation to such licensee in respect of such order agree upon the amount of such compensation, request the Reference Committee to appoint a fit and proper person (in this Part of this Act referred to as an arbitrator) to fix the amount of such compensation and the Reference Committee shall comply with such request.

(2) In this section the expression “the Reference Committee” means a committee consisting of the Chief Justice, the President of the High Court and an officer of the Minister to be appointed by the Minister.

Expenses of licensees in relation to arbitrations.

57. —(1) Where an arbitrator in any arbitration before him for fixing compensation under this Part of this Act awards compensation, such arbitrator may, if he so thinks fit, award to the person entitled to such compensation, in addition to such compensation, such sum as he thinks reasonable to cover the expenses of such person in relation to such arbitration, and any sum so awarded shall be payable by the person liable under this Part of this Act to pay such compensation.

(2) Where—

(a) a transfer order or a reduction order in relation to a merchandise (existing carrier's) licence is made on the application of an authorised (merchandise carrying) company, or a transfer order in relation to a passenger licence is made on the application of an authorised (passenger carrying) company, and

(b) an arbitrator in arbitration before him for fixing the compensation payable under this Part of this Act in respect of such order to the licensee under such licence does not award compensation,

such arbitrator may, if he so thinks fit, award to such licensee such sum as he thinks reasonable to cover the expenses of such licensee in relation to such arbitration, and any sum so awarded shall be payable by the company upon whose application such order was made.

Recovery of amount of award.

58. —Where an award is made by an arbitrator under this Part of this Act, the amount of such award may be recovered by the person entitled under this Part of this Act to payment of such amount from the person liable under this Part of this Act to pay such amount as a simple contract debt in a court of competent jurisdiction.

Remuneration of arbitrator.

59. —There shall be paid to an arbitrator in respect of every arbitrator before him for fixing compensation under this Part of this Act by, in case such arbitrator awards compensation, the person liable under this Part of this Act to pay such compensation or, in case such arbitrator does not award compensation, the person who, if compensation had been awarded in such arbitration, would have been liable under this Part of this Act to pay such compensation such remuneration as the Minister, with the consent of the Minister for Finance, may appoint, and the amount of such remuneration shall be recoverable by such arbitrator as a simple contract debt in a court of competent jurisdiction.

Powers of arbitrator.

60. —(1) Every arbitrator appointed under this Part of this Act shall have power by notice in writing signed by him to summon witnesses and to require the production of books and other documents, and any person so summoned who fails to attend or refuses to give evidence before such arbitrator and any person who fails or refuses to produce any book or other document the production of which is so required of him shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(2) Evidence given before an arbitrator appointed under this Part of this Act shall, if such arbitrator requires, be given on oath (which oath such arbitrator is hereby empowered to administer) and any person who gives false evidence before any such arbitrator shall be guilty of perjury and punishable accordingly.