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21 1944

TRANSPORT ACT, 1944

PART IV.

Transport Charges.

Chapter I.

Preliminary and General.

Definitions for purposes of Part IV.

68. —(1) In this Part and in the Eighth Schedule to this Act—

the word “alterations” in relation to charges includes alterations, whether by way of decrease or of increase, and the word “alter” and other cognate words shall be construed accordingly;

the word “charges” includes rates, fares, tolls, dues, and other charges;

the expression “company's risk conditions” means the terms and conditions on and subject to which merchandise other than live stock, and live stock, will respectively be carried if carried at ordinary rates;

the word “conditions” includes regulations;

the word “fares” means fares and other charges in connection with the conveyance of passengers and their luggage;

the expression “harbour authority” means a harbour authority within the meaning of the Harbours (Regulation of Rates) Act, 1934 (No. 2 of 1934);

the expression “interested person” includes the Minister for Agriculture, the Commissioners of Public Works in Ireland, a harbour authority or the council of any county, county or other borough or urban district;

the expression “owner's risk conditions” means the terms and conditions on which merchandise other than live stock and, subject to the provisions of this Part, live stock will respectively be carried if carried at owner's risk rates;

the word “rates” means rates and other charges in connection with the carriage of merchandise;

the expression “the revised railway classification of merchandise applicable to the Company” means the classification of merchandise determined by the Minister under section 71 of this Act;

the expression “the revised schedules of maximum railway charges of the Company” means the schedule of charges settled by the Minister under section 72 of this Act.

(2) Each of the following shall be a statutory carrier for the purposes of this Part, that is to say:—

(a) the Company,

(b) any company to which Part III of the Road Transport Act, 1932 (No. 2 of 1932), applies and which is entitled, by virtue of section 28 of the said Act, to engage in or carry on the business of carrying merchandise by road,

(c) any person carrying on a regular steamer service to or from any port in the State.

Expenses of harbour authorities and local authorities.

69. —Any expenses incurred by a harbour authority or the council of any county, county or other borough or urban district in or incidental to, or in opposition to any application under this Part shall be defrayed out of the rate or fund out of which the expenses of that harbour authority or council in the execution of their ordinary duties are defrayed.