The Gazette 1987

GAZETTE

SEPTEMBER 1987

facilitate existing carriers in the period up to 30th September, 1988. After the above date a Road Freight Carrier's Licence will be granted to any applicant who satisfies the EEC requirements of good repute, sound financial stan- ding and professional competence. So, there will no longer be a need to inherit or purchase a licence. If the requirements are fulfilled a licence will be issued. There will be no limitation regarding the number of vehicles operated under a licence but those that are authoris- ed must be plated at a Garda Siochana Vehicle Plate Issuing Station. We will now look at the E.E.C. requirements relating to Good Repute, Sound Financial Standing and Professional Competence. (a) Good Repute Under the European Communities (Merchandise Road Transport) Regulations, 1977 and 1981 con- victions for the following offences will be taken into account in assessing "Good Repute": — (i) Offences relating to Road Tax. (ii) Offences under the Road T r a f f ic Ac t 1961 e . g ., dangerous driving, drunk driv- ing, defective vehicle, no in- surance etc. (See Appendix V for complete list of offences). Road Transport Act, 1933 i.e., Il- legal Haulage (S.9 R.T.A. 1933, S.28, R.T.A. 1958) or offences committed in E.E.C. member states corresponding to any of the foregoing of- fences. under (b) Sound Financial Standing This requirement can be satisfied b y : - (i) indicating that a vehicle or vehicles is/are t axed or insured, or (ii) proof that the vehicle is leased for over one year or that finance is available to purchase it, or (iii) Bank or other f i nanc i al reference indicating sufficient capital available to operate the business. (iii) Of f ences (iv) Any other convictions.

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for the imposition of penalties up to £5 , 000 for offences involving illegal haulage and up to £1,000 in the case of persons found guilty of engaging unauthorised carriers to carry goods for reward. (Section 14 (61 ) Vehicle Pletes Every licensee under a Road Freight Carrier's licence must have a vehicle plate affixed to each vehicle used in the business. These are issued through Garda Siochana Vehicle Plate Issuing Stations of which there are ninety, all in major towns throughout the country. When application is made it must be accompanied by the Licence and details of the vehicle for which the plate is required. There are heavy penalties for switching plates and in a case where one is not displayed or is illegible both the owner and the driver can be fined up to £500. The modern plate is affixed to the cab windscreen. The 1986 Act provides for the appointment of Transport Officers who have very wide powers to ensure that the provisions of the Act are adhered to.

(c) Professional Competence This is indicated by: — (i) A National Certificate of Competence for Ireland only, or (ii) An International Certificate of Competence covering both national and international operations. These apply to the operator or a manager of the business. Certificates of Competence are issued to the following: 1. Persons who prior to 1975 lawfully operated a road transport business. 2. People holding certain diplomas. 3. Persons who pass an examination in the f o l l ow i ng subjects: (a) Road Safety (b) Technical Matters

(c) Access to the Market (d) Financial Management (e) Law.

The examinations for Certificates of Competence are conducted by the Chartered I ns t i t u te of Transport. Although reference has been made to it before the Act provides

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