Transport Act, 1958
What is this act about?
This law, the Transport Act, 1958, makes further provisions related to transport services, focusing on the general duties and financial arrangements of Córas Iompair Éireann (the Board), as well as regulating aspects of road transport and the closure of railway lines and canals.
Who it applies to: Córas Iompair Éireann (the Board); The Minister for Industry and Commerce and the Minister for Finance.
At a glance
- Country
- Ireland
- Area of law
- Transport law
- Articles
- 29
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The general duties and financial structure of Córas Iompair Éireann (the Board).
- Terms and conditions for carrying passengers and merchandise by the Board.
- The termination of train services and the abandonment of railway lines and canals.
- Specific aspects of road transport, including exemptions and restrictions for the Board.
Who does this act apply to?
- Córas Iompair Éireann (the Board).
- The Minister for Industry and Commerce and the Minister for Finance.
- Employees of the Board whose services are dispensed with or whose conditions are worsened.
- The public, regarding transport services, level crossings, and road transport.
What are the key points?
- The Board must provide reasonable, efficient, and economical transport services, aiming for operating expenditure not to exceed revenue by March 31, 1964.
- The Board can fix, demand, take, and recover charges for any service and attach terms and conditions, and may refuse particular traffic.
- The Minister may, by order, exempt specified level crossings from certain provisions of the Railways' Clauses Consolidation Act, 1845, and the Railways Clauses Act, 1863, subject to conditions for public safety.
- The Minister shall make an annual grant of £1,000,000 to the Board for five financial years starting April 1, 1959, to defray interest on transport stock and for other undertaking purposes.
Transport law
Legal text
Legal text
Transport Act, 1958 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1958 Transport Act, 1958 Transport Act, 1958 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Print Full ActPriontáil an tAcht Iomlán Number 19 of 1958.
TRANSPORT ACT, 1958.
ARRANGEMENT OF SECTIONS
PART I.
Preliminary and General.
Section
Section 1
Short title.
Section 2
Definitions.
Section 3
Saving for rights of Minister for Posts and Telegraphs.
Section 4
Laying of orders before Houses of the Oireachtas.
Section 5
Expenses.
Section 6
Repeals.
PART II.
General Powers and Duties of Board.
Section 7
General duties of the Board.
Section 8
Terms and conditions of carriage.
Section 9
Level crossings.
PART III.
Finance.
Section 10
Grants to Board.
Section 11
C.I.E. 3% Transport Stock, 1955-60, to be a Government loan.
Section 12
Release of Board from liability to repay advances of £5,623,400 for transport stock interest and temporary borrowing.
Section 13
Repayable advances of £1,000,000 for capital expenditure to be treated as non-repayable grant.
Section 14
Compensation of employees whose services are dispensed with or conditions worsened.
Section 15
Grants in respect of compensation.
Section 16
Restriction of existing compensation provisions.
Section 17
Returns in relation to compensation.
Section 18
Amendment of section 44 of Act of 1950.
PART IV.
Cesser of Train Services and Closing of Railways and Canals.
Section 19
Termination of train services.
Section 20
Abandonment of railway lines of Board.
Section 21
Abandonment of railway lines of other railway companies.
Section 22
Sale of land of abandoned railway line to public body.
Section 23
Closing of canal.
PART V.
Road Transport.
Section 24
Exemption of Board from requirement of passenger licences.
Section 25
Restriction on initiation and alteration of passenger road services.
Section 26
Relief from obligation to carry vehicle plate.
Section 27
Carriage of livestock for neighbouring farmers.
Section 28
Illegal haulage: second and subsequent offences.
Section 29
Importation of unladen lorries and tractors.
FIRST SCHEDULE.
Enactments Repealed SECOND SCHEDULE.
Compensation of Certain officers and servants of the Board whose services are dispensed with Acts Referred to Transport Act, 1950 1950, No. 12.
Transport Act, 1955 1955, No. 25.
Railways' Clauses Consolidation Act, 1845 1845, c. 20.
Railways Clauses Act, 1863 1863, c. 92.
Government Loans (Conversion) Act, 1951 1951, No. 12.
Central Fund Act, 1957 1957, No. 2.
Appropriation Act, 1957 1957, No. 15.
Road Transport Act, 1932 1932, No. 2.
Road Transport Act, 1933 1933, No. 8.
Railways Act, 1933 1933, No. 9.
Transport Act, 1944 1944, No. 21.
Local Government Act, 1941 1941, No. 23.
Regulation of Railways Act, 1873 1873, c. 48.
Finance (Excise Duties) (Vehicles) Act, 1952 1952, No. 24.
Probation of Offenders Act, 1907 1907, c. 17.
Road Transport Act, 1935 1935, No. 23.
Number 19 of 1958.
TRANSPORT ACT, 1958.
AN ACT TO MAKE FURTHER PROVISION IN RELATION TO TRANSPORT. [16th July, 1958.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I.
Preliminary and General.
Short title.
1.—This Act may be cited as the Transport Act, 1958.
Definitions.
2.—In this Act— “the Act of 1950” means the Transport Act, 1950 ; “the Act of 1955” means the Transport Act, 1955 ; “the Board” means Córas Iompair Éireann; “the Minister” means the Minister for Industry and Commerce.
Saving for rights of Minister for Posts and Telegraphs.
3.—Nothing in this Act shall affect the rights of the Minister for Posts and Telegraphs under any enactment relating to the conveyance of letter or parcel mails by rail.
Laying of orders before Houses of the Oireachtas.
4.—Every order under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order is passed by either House within the next subsequent twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
Expenses.
5.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Repeals.
6.—The enactments mentioned in the First Schedule are hereby repealed to the extent specified in the third column.
PART II.
General Powers and Duties of Board.
General duties of the Board.
7.—(1) It shall be the general duty of the Board to provide reasonable, efficient and economical transport services with due regard to safety of operation, the encouragement of national economic development and the maintenance of reasonable conditions of employment for its employees.
Terms and conditions of carriage.
8.—(1) In this section— “charges” includes fares, rates or tolls; “service” means any of the following— (a) the conveyance of passengers and their luggage, (b) the receiving, forwarding, carrying and delivering of merchandise, (c) any other transport service or facility.
Level crossings.
9.—(1) The Minister may, on the application of the Board and after consultation with the Minister for Local Government, by order provide that the provisions of section 47 of the Railways' Clauses Consolidation Act, 1845 , and section 6 of the Railways Clauses Act, 1863 , which relate to the control of level crossings, and any other enactment incorporating requirements to similar effect, or such of those provisions as may be specified in the order, shall not apply to a specified level crossing of the undertaking.
PART III.
Finance.
Grants to Board.
10.—(1) The Minister shall, out of moneys provided by the Oireachtas, make to the Board in the financial year beginning on the 1st day of April, 1959, and in each of the next four financial years an annual grant of £1,000,000.
C.I.E. 3% Transport Stock, 1955-60, to be a Government loan.
11.—(1) The Minister for Finance shall be liable, to the exclusion of the Board, for the due payment of the principal, amounting to £9,889,083 of the Board's 3% Transport Stock, 1955-60 and that Stock shall be a Government loan for the purposes of the Government Loans (Conversion) Act, 1951 .
Release of Board from liability to repay advances of £5,623,400 for transport stock interest and temporary borrowing.
12.—(1) The Board shall not be liable to repay to the Central Fund the sum of £5,623,400, being the total of advances made under subsection (3) of section 30 of the Act of 1950 up to the 31st day of March, 1958, to meet sums payable by the Minister for Finance under guarantees given by him under that section (comprising £4,820,400 in respect of interest on transport stock and £803,000 in respect of temporary borrowing) nor shall the Board be liable to pay interest in respect of any period after that date on such advances; and subsections (6) and (8) of the said section are modified accordingly.
Repayable advances of £1,000,000 for capital expenditure to be treated as non-repayable grant.
13.—The sum of £1,000,000, being the total of repayable advances to the Board for capital expenditure which, having been included in a Supplementary Estimate approved by Dáil Éireann on the 25th day of July, 1956, were granted by the Central Fund Act, 1957 , and appropriated for that purpose by the Appropriation Act, 1957 , shall be treated as a non-repayable grant from the 1st day of April, 1958.
Compensation of employees whose services are dispensed with or conditions worsened.
14.—(1) Whenever the Board ceases to provide or permanently reduces any transport service by rail or inland waterway or substitutes diesel for steam traction or whenever an order is made under section 9 in relation to a specified level crossing and as a consequence thereof the Board, within five years after the passing of this Act, either dispenses with the services of an officer or servant of the Board or transfers him to another position in its service the provisions of this section shall have effect.
Grants in respect of compensation.
15.—(1) The Minister, with the consent of the Minister for Finance, may, out of moneys provided by the Oireachtas, from time to time during any financial year make such grants to the Board as he thinks proper towards the cost of compensation under section 14.
Restriction of existing compensation provisions.
16.—Sections 39 and 40 of the Act of 1950 and section 4 of the Act of 1955, which provide for compensation in certain cases of dismissal or transfer of officers and servants, shall not apply to a person whose services are dispensed with or who is transferred to another position after the passing of this Act.
Returns in relation to compensation.
17.—(1) The Board shall, before the 1st day of November in each year, furnish to the Minister an estimate of its expenditure in respect of compensation under section 14 in each quarter of the next following financial year.
Amendment of section 44 of Act of 1950.
18.— Subsection (8) of section 44 (which relates to superannuation schemes) of the Act of 1950 is hereby amended by the insertion, after “under section 44 of the Act of 1944”, of “or under section 45 of that Act.”
PART IV.
Cesser of train services and closing of railways and canals.
Termination of train services.
19.—(1) The Board may, subject to the provisions of this section, terminate any service of trains for passengers and merchandise or either of them.
Abandonment of railway lines of Board.
20.—Section 21 of the Act of 1950, as extended by section 6 of the Act of 1955, which provides for the abandonment of railway lines, shall apply to a railway line or section over which all train services have been terminated by the Board.
Abandonment of railway lines of other railway companies.
21.—Whenever all services of trains, over any railway line or section of railway line to which section 9 of the Railways Act, 1933 , applies, have been terminated the Minister may, notwithstanding that the provisions of that section have not been complied with, make an order under section 110 of the Transport Act, 1944 , authorising the abandonment of that line or section.
Sale of land of abandoned railway line to public body.
22.—(1) Notwithstanding anything to the contrary in section 21 of the Act of 1950 or in any other enactment, a railway company may sell any land under or adjoining an abandoned railway line by private treaty to a local authority or public utility undertaking.
Closing of canal.
23.—(1) The Board may close to navigation any canal or part of a canal belonging to it which has not been used for public navigation for three years or more.
PART V.
Road Transport.
Exemption of Board from requirement of passenger licences.
24.—
Section 7
of the Road Transport Act, 1932 , which prohibits the carrying on of a passenger road service without a passenger licence, shall not apply to the Board.
Restriction on initiation and alteration of passenger road services.
25.—(1) The Board shall not, without the consent of the Minister, initiate any passenger road service or alter any passenger road service for the time being operated by it so as to compete with a licensed passenger road service.
Relief from obligation to carry vehicle plate.
26.—(1) This section applies to:— (a) a vehicle being used by an authorised (merchandise carrying) company for the purposes of its business, and (b) a vehicle being used for the distribution of Sunday newspapers under a merchandise licence restricted to that purpose.
Carriage of livestock for neighbouring farmers.
27.—(1) Notwithstanding section 9 of the Road Transport Act, 1933 , a person whose only or chief occupation is farming may, without being the holder of a merchandise licence, carry for reward in a vehicle drawn by an agricultural tractor owned by him, and in respect of which a duty of excise at the rate specified in subparagraph (c) of paragraph 4 of Part I of the Schedule to the Finance (Excise Duties) (Vehicles) Act, 1952 , is chargeable, livestock owned by a person resident not more than two miles from the carrier's residence if the livestock are being carried to or from a farm from or to a livestock auction mart or a place where a market or fair, specified by order made by the Minister under this section, is held, on the day on which such auction, market or fair takes place and they are not being carried in either direction on any part of a public road which is more than twenty miles by public road from the carrier's residence.
Illegal haulage: second and subsequent offences.
28.—(1) Where a person is convicted of an offence under section 9 of the Road Transport Act, 1933 , the fine to be imposed by the court in respect of a second offence committed by him within five years after the commission of the first shall be not less than ten pounds and the fine in respect of each subsequent offence committed by him within any period of five years shall be not less than twice the minimum fine prescribed by this section in respect of the immediately preceding offence, subject to a maximum fine of three hundred and twenty pounds in lieu of the maximum fine specified in the said section 9.
Importation of unladen lorries and tractors.
29.—(1)
Section 7
of the Road Transport Act, 1935 , which restricts the importation of laden lorries and tractors drawing laden trailers, is hereby amended by the deletion of paragraph (b) of subsection (1), to the intent that the section shall apply likewise to unladen lorries and tractors.
FIRST SCHEDULE.
Enactments Repealed.
Section 6.
Session and Chapter or Year and Number Short title Extent of Repeal 8 & 9 Vic., c. 20.
Railways' Clauses Consolidation Act, 1845 .
Section 90.
17 & 18 Vic., c. 31.
Railway and Canal Traffic Act, 1854 .
Section 2.
51 & 52 Vic., c. 25.
Railway and Canal Traffic Act, 1888.
Sections 27, 28 and 29.
No. 21 of 1944.
Transport Act, 1944 .
Sections 117 and 125.
No. 12 of 1950.
Transport Act, 1950 .
Sections 15, 19, 20, 54, 55, 56.
SECOND SCHEDULE.
Compensation of Certain officers and servants of the Board whose services are dispensed with.
Section 14.
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