S.I. No. 61/1991 - Road Transport (Road Freight Carrier's Licence Application Form) Regulations, 1991.

1. I make this affidavit, on the basis of documentation submitted to me, in

respect of ________________ (

name

) of ____________________________ (

address

) who intends to apply (hereinafter referred to as "the applicant") for a national/international* road freight carrier's licence under Regulation 5 (2) of the European Communities (Merchandise Road Transport) Regulations, 1991; and I beg to refer to a list of the said documentation marked with the letter _____ and upon which I have endorsed my name prior to the swearing of this affidavit

2. I hereby say that _________________ being _________________ (

insert here the name and address of the auditor or the bank or other suitably qualified establishment recognised for the purpose of this affidavit

), has issued in writing a confirmation/assurance* that the applicant has currently sufficient financial resources for—

(

a

) the proper launching and proper administration of a merchandise road transport business,*

(

b

) the continued proper administration of a merchandise road transport business,"

having regard to the annual accounts of the applicant (if any), funds available (including cash at bank, overdraft and loan facilities), any assets (including property which is available to provide security for the undertaking), costs (including purchase cost or initial payment for vehicles, premises, plant and equipment) and working capital, and has available capital and reserves of at least 3,000 European Currency Units per vehicle over 2.5 metric tons unladen weight or 150 European Currency Units per tonne of the maximum authorised weight of the vehicles to be authorised for the use under the licence, whichever is the lower; and I beg to refer to the said confirmation/assurance* marked with the letter ______ and upon which I have endorsed my name prior to the swearing of this affidavit.

3. The application form for a national/international* road freight carrier's licence has been fully and duly completed and is to be submitted at the same time as this affidavit.

4. The applicant is the holder of a current tax clearance certificate/C2 certificate (under

section 17

of the

Finance Act, 1970

, as amended)* issued by the Revenue Commissioners, valid from the ____ day of ________ , 19___, to the ____ day of ________, 19_____ .

5. The applicant wishes to have the vehicles, specified in the application form, authorised under the carrier's licence.

6. The applicant has produced to me, in respect of each vehicle to which paragraph 5 of this affidavit relates—

(1) the registration book for each vehicle, issued under the Roads Act, 1920, showing that the vehicle is registered in the full and correct name of the applicant and that each such vehicle is currently licensed,

(2) evidence that each such vehicle is owned, hired, or leased, by the applicant, which consists of—

(

a

) a leasing agreement showing that the vehicle has been leased by the applicant,*

(

b

) a letter or certificate from a bank or other financial institution showing that the applicant received a loan for the purpose of purchasing the vehicle,* a receipt showing that the applicant paid for the vehicle in full,*

(

c

) an agreement to hire the vehicle in accordance with Regulation 4 of the European Communities (Merchandise Road Transport) Regulations, 1991.*

7. The applicant has produced to me in respect of each vehicle to which paragraph 5 of this Affidavit relates a certificate of insurance issued under the terms of the Road Traffic Acts, 1961 to 1987, showing that the vehicle is insured in the name of the applicant for use for hire or reward and that no amounts are outstanding in respect of insurance premiums.

*Delete where not applicable.

8. The applicant has produced to me in respect of each vehicle for which a tachograph is required (by virtue of Council Regulation No. 3821/85/EEC of 20 December 1985, on recording equipment in road transport and the European Communities (Road Transport) (Recording Equipment) Regulations, 1986 (S.I. No. 393 of 1986)—

†a written record of tachograph calibration duly issued by the workshop or fitter who—

(

a

) installed, repaired or checked and inspected the tachograph, and

(

b

) is approved for those purposes under Regulation 5 of the European Communities (Road Transport) (Recording Equipment) Regulations, 1986,

† in the case of a vehicle purchased brand new, a written record of tachograph calibration duly issued by or on behalf of the manufacturer of the vehicle.

and the date of calibration, as indicated on the said written record is within the period of six years immediately prior to the date of swearing this affidavit.

9. *The applicant is a limited company/public limited company* and a certificate of incorporation and a certificate of change of name* has been give by the Registrar of Companies.

10. *The applicant is a cooperative registered with the Registrar of Friendly Societies under the Industrial and Provident Societies Acts, 1893 to 1978.

11. *The applicant is a statutory body corporate established by ____________________________ (

insert here title of Act or Statutory Instrument

).

12. *The current directors/committee members* and company secretary are as listed by the applicant in the application form.

13. *The applicant proposes to trade as ________________ (which is a registered business name under the

Registration of Business Names Act, 1963

.

(Signature of deponent.)

I, ___________ , hereby certify that I know the deponent.

(Signature)

Sworn this _____ day of _______, 19____________,

at _______________________________________,

in the county of ____________________________,

before me a Commissioner for Oaths (or other qualified person) and I know the deponent (or, I know ________________, who certifies his knowledge of the deponent),

(Signature)

*Delete where not applicable.

APPENDIX E

PART I

Form of affidavit to accompany an application for a Carrier's Licence (where the applicant is an individual)

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) REGULATIONS, 1991

I, ______________, of __________________________________________________________,

make oath and say that I am neither a bankrupt nor a person in relation to whom there is in existence an arrangement with creditors, whether under the control of a court or otherwise.

(Signature of deponent.)

I, ______________ , hereby certify that I know the deponent.

(Signature)

Sworn this ____ day of ___________, 19___________,

at ___________________________________________,

in the county of _________________________________,

before me a Commissioner for Oaths (or other qualified person) and I know the deponent (or, I know _________________________, who certifies his knowledge of the deponent),

(Signature),

APPENDIX E

PART II

Form of affidavit to accompany an application for a Carrier's Licence (where the applicant is a partnership)

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) REGULATIONS, 1991

I, ________________________, of _______________________________________________,

make oath and say that I, being a partner in __________________________ (which said partnership is applying for a grant of a carrier's licence), am neither a bankrupt nor a person in relation to whom there is in existence an arrangement with creditors, whether under the control of a court or otherwise.

(Signature of deponent.)

I, ______________________ , hereby certify that I know the deponent.

Sworn this ___ day of ____________, 19____________,

at ___________________________________________,

in the county of ________________________,

before me a Commissioner for Oaths (or other qualified person) and I know the deponent (or, I know__________,

who certifies his knowledge of the deponent),

(Signature)

(Signature)

[NOTE: This Form to be completed by each partner.]

APPENDIX E

PART III

Form of affidavit to accompany an application for a Carrier's Licence (where application is by a company or a cooperative)

EUROPEAN COMMUNITIES (MERCHANDISE ROAD TRANSPORT) REGULATIONS, 1991

I,______________, of _________________________________________________________,

make oath and say that neither I, being the secretary/director* of _________________________, Ltd./plc.* (which is applying for a grant of a carrier's licence) nor any director/committee member,* manager, transport manager or officer of the said company/cooperative* has been a secretary, director/committee member,* manager, or officer of a company or cooperative which has been wound up by the High Court, (other than that ............................................................ .............................

insert here, in relation to each case, the name of the relevant person, the name of the company/cooperative concerned and his position(s) in that company/cooperative).

(Signature of deponent.)

I, ___________, hereby certify that I know the deponent.

(Signature)

Sworn this _____ day of ____________, 19________, at _________________________________________, in the county of ______________________, before me a Commissioner for Oaths (or other qualified person) and I know the deponent (or, I know ______________, who certifies his knowledge of the deponent),

(Signature)

* Delete where not applicable.

GIVEN under my Official Seal, this 21st day of March, 1991.

SEAMUS BRENNAN,

Minister for Tourism, Transport and Communications.

S.I. No. 61 of 1991.

ROAD TRANSPORT (ROAD FREIGHT CARRIER'S LICENCE APPLICATION FORM) REGULATIONS, 1991.

I, SEAMUS BRENNAN, Minister for Tourism, Transport and Communications, in exercise of the powers conferred on me by sections 6 and 11 (as amended by

section 2

of the

Road Transport Act, 1986

(No. 16 of 1986)) of the

Road Transport Act, 1933

(No. 8 of 1933), as adapted by the Tourism and Transport (Alteration of Name of Department and Title of Minister) Order, 1991 (

S.I. No. 25 of 1991

), hereby make the following Regulations