S.I. No. 57/1974 - European Communities (Road Transport) Regulations, 1974.

1. These Regulations may be cited as the European Communities (Road Transport) Regulations, 1974.

2. In these Regulations—

"the Council Regulation" means Council Regulation (EEC) No. 2829/72 (1) of 28 December, 1972;

(1)

O.J. No. L298/16 of 31st December, 1972.

"Community authorisation" means an authorisation issued pursuant to the Council Regulation.

3. (1) Where the holder of a Community authorisation which was issued by the Minister for Transport and Power contravenes, whether by act or omission and whether within or outside the State, the Council Regulation, such holder shall be guilty of an offence.

(2) (

a

) Where the offence is a first offence or is in the opinion of the court of a slight nature, the person charged shall be liable on summary conviction to a fine not exceeding £25.

(

b

) Where the offence is not a first offence or is in the opinion of the court of a grave nature, the person charged shall be liable on summary conviction to a fine not exceeding £50.

(

c

) Where the offence is the second or subsequent offence committed by the person charged in a period of twelve months, he shall be liable on summary conviction to a fine not exceeding £100.

(

d

) In a case where the offence is a continuing offence the person convicted shall be liable to a further fine, in addition to any fine imposed under subparagraph (

a

) to (

c

) above, not exceeding £5 for each day on which the offence is continued.

(3) Proceedings in relation to an offence under these Regulations may be brought and prosecuted by the Minister for Transport and Power.

4.

Sections 9

and

34

of the

Road Transport Act, 1933

(No. 8 of 1933), shall not apply to the holder of a Community authorisation when he is engaged in merchandise road transport authorised by the authorisation.

GIVEN under my Official Seal, this 7th day of March, 1974.

PETER BARRY,

Minister for Transport and Power.

EXPLANATORY NOTE.

These Regulations supplement EEC Council Regulation No. 2829/72 of 28 December, 1972 on the Community quota for the carriage of goods by road between Member States by

(

a

) prescribing penalties for offences; and

(

b

) providing that the holder of a Community authorisation, when carrying merchandise under the authorisation, does not require a merchandise licence or a vehicle plate under the Road Transport Acts.

S.I. No. 57 of 1974.

EUROPEAN COMMUNITIES (ROAD TRANSPORT) REGULATIONS, 1974.

I, PETER BARRY, T.D., Minister for Transport and Power, in exercise of the powers conferred on me by

section 3

of the

European Communities Act, 1972

(No. 27 of 1972), hereby make the following Regulations