No. 21/1955:

TRANSPORT (MISCELLANEOUS PROVISIONS) ACT, 1955

ARRANGEMENT OF SECTIONS

1 The Minister.

2 Carriage of milk and of wheat.

3 Maintenance of essential supplies.

4 Train services temporarily discontinued.

5 Short title.

AN ACT TO MODIFY SECTION 9 of THE ROAD TRANSPORT ACT, 1933 . IN RELATION TO THE CARRIAGE OF MILK AND WHEAT AND, IN AN EMERGENCY, OF OTHER COMMODITIES AND TO MAKE PROVISION IN RELATION TO RAILWAY SERVICES TEMPORARILY DISCONTINUED.

[15th November, 1955.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act "the Minister" means the Minister for Industry and Commerce.

2.—(1) In this section—

"creamery" means premises registered in the Register of Creameries kept under the Dairy Produce Act, 1924 (No. 58 of 1924);

"cream separating station" means premises registered in the Register of Cream Separating Stations kept under that Act.

(2) Section 9 of the Road Transport Act, 1933 (No. 8 of 1933), (which restricts the carriage of merchandise by unlicensed persons) shall not apply to any one or more of the following—

( a ) the carriage of milk to a creamery or a cream separating station,

( b ) the carriage of separated milk from a creamery or cream separating station,

( c ) the carriage of milk containers to or from a creamery or cream separating station.

(3) The Minister may by order provide that, during a specified period, the said section 9 shall not apply to the carriage of wheat by a person authorised by law to act during a particular season as the agent of the licensee of a mill licensed under section 21 of the Agricultural Produce (Cereals) Act, 1933 (No. 7 of 1933), where the wheat was purchased by the agent for the licensee and is carried in a vehicle owned by the agent.

(4) The Minister may by order revoke an order under subsection (3).

3.—(1) The Government, if it appears to them to be necessary to do so in the interests of the public safety or the preservation of the State, or for maintaining supplies and services essential to the life of the community, may by order provide that, during a specified period, section 9 of the Road Transport Act, 1933 (which restricts the carriage of merchandise by unlicensed persons), shall not apply to the carriage of a commodity specified in the order.

(2) The Government may by order revoke an order under subsection (1).

4.—Where a service of trains on any railway line was temporarily discontinued under the Emergency Powers (Córas Iompair Éireann) (Reduction of Railway Services) Order, 1944 (S. R. & O. No. 354 of 1944), and no determination in relation to the line has been made by the Transport Tribunal before the passing of this Act under section 55 of the Transport Act, 1950 (No. 12 of 1950), Córas Iompair Éireann shall not be under an obligation to restore the service before—

( a ) the determination by the Transport Tribunal of an application for an exemption order in relation to the line under that section made not later than three years after the passing of this Act or within such additional period, not exceeding two years, as the Minister may by order provide, or

( b ) if no such application is made, the expiry of that period or additional period,

5.—This Act may be cited as the Transport (Miscellaneous Provisions) Act, 1955 .