Number 21/1944: TRANSPORT ACT, 1944

Next (PART I. Preliminary and General.)

21 1944

[GA]

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Number 21 of 1944.

[GA]

TRANSPORT ACT, 1944.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section
1.	Short title.
2.	Interpretation generally.
3.	Prosecution of offences.
4.	Regulations.
5.	Repeals.
6.	Expenses of the Minister and the Minister for Agriculture.

PART II .

Córas Iompair Éireann.

Chapter I.

Preliminary and General.

7.	Definitions for purposes of Part II.
8.	Incorporation of certain Acts.

Chapter II.

Incorporation of Córas Iompair Éireann, dissolution of the Great Southern Railways Company and the Dublin United Transport Company, Limited, and transfer of undertakings of dissolved companies to the Company.

9.	Incorporation of the Company.
10.	Purposes of the Company.
11.	Dissolution of dissolved companies.
12.	Transfer to the Company of undertakings of the dissolved companies.

Chapter III .

Financial Provisions.

13.	Capital of the Company.
14.	Substitution of stock of Company for stock of dissolved companies.
15.	Supplemental provisions in relation to substituted stock.
16.	Creation and issue of subsequent debenture stock.
17.	Provisions in relation to debenture stock.
18.	State guarantee of debenture stock.
19.	Creation and issue of subsequent common stock.
20.	Dividends on the common stock.
21.	Unclaimed interest and dividends.
22.	Redemption Fund.
23.	Power of the Company to borrow temporarily.
24.	Cesser of unexercised capital powers of dissolved companies.
25.	Receipt in case of person not sui juris.
26.	Accounts, statistics and returns.
27.	Audited accounts of the Company to be laid before Houses of the Oireachtas.
28.	Furnishing of yearly accounts of the Company to Stockholders.
29.	Auditors.

Chapter IV.

Meetings of the Company.

30.	Date of ordinary meetings.
31.	Quorum of meeting of the Company.
32.	Votes of common stockholders.
33.	Powers as to directors, auditors, etc.
34.	Voting by joint common stockholders.
35.	Appointment of proxies under power of attorney.
36.	Closing of transfer books.

Chapter V.

The Board of Directors.

37.	The board of directors of the Company.
38.	Remuneration of the directors.
39.	Provisions in relation to the Chairman.
40.	Managing director.
41.	Provisions in relation to stockholders' directors.
42.	Compensation to certain stockholders' directors.

Chapter VI.

Officers and Servants.

43.	Compensation of certain officers and servants of the dissolved companies.
44.	Superannuation scheme.
45.	Existing superannuation funds.
46.	Establishment of associations, etc., calculated to promote the welfare of employees.
47.	Appointment to clerical grades.

Chapter VII .

Miscellaneous Provisions Applicable to the Company.

48.	Provision of additional transport facilities by the Company.
49.	Agreements with respect to allocation or routing of traffic, pooling of receipts, etc.
50.	Revision of existing agreements between the Minister for Posts and Telegraphs and the dissolved companies and determination of disputes between the said Minister and the Company.
51.	Protection of Minister for Posts and Telegraphs.
52.	Cesser of wayleaves payable to the Dublin and Dun Laoghaire Corporations.
53.	Arrangements between the Company and the Great Northern Railway Company (Ireland) as respects the Dublin Junction Railways, etc.
54.	Transfer of certain licences to the Company.
55.	Names and addresses of stockholders.
56.	Application of certain enactments to the Company.
57.	Enactments not applicable to the Company.
58.	Exemption from stamp duties.
59.	Power of the Company to subscribe to charities, etc.
60.	Language of public notices and tickets.
61.	Service of documents on the Company.
62.	Penalty for trespass on the Company's railways.

PART III .

The Transport Advisory Committee

63.	Establishment of the Transport Advisory Committee.
64.	Duties of the Advisory Committee.
65.	Powers of the Advisory Committee.
66.	Regulation of proceedings before the Advisory Committee.
67.	Staff of the Advisory Committee.

PART IV .

Transport Charges.

Chapter I.

Preliminary and General.

68.	Definitions for purposes of part IV.
69.	Expenses of harbour authorities and local authorities.

Chapter II.

Railway Charges and Conditions of Carriage by Rail Applicable to the Company.

70.	Continuance of railway classification of merchandise applicable to the dissolved railway company and of maximum railway charges of the dissolved railway company.
71.	Revised railway classification of merchandise applicable to the Company.
72.	Revised schedules of maximum railway charges of the Company.
73.	Alteration of railway classification of merchandise applicable to the Company.
74.	Alteration of maximum railway charges of the Company.
75.	Protection of ports.
76.	Standard terms and conditions of carriage by rail for the Company.
77.	Alteration of standard terms and conditions of carriage by rail for the Company.
78.	Conditions on which merchandise is to be carried by rail by the Company.
79.	Owner's risk rates for livestock.
80.	Minimum charges.
81.	Special mileage charges.
82.	Dangerous goods.
83.	Miscellaneous provisions as to rates.
84.	Determination of disputes and differences between the Company and traders arising under the Eighth Schedule to this Act.
85.	Additional functions of the Minister.
86.	Provisions in relation to certain questions, disputes or differences referred to the Minister.
87.	Amendment of certain Acts in their application to the Company.

Chapter III.

Rail Charges of Railway Companies other than the Company.

88.	Maximum railway charges of companies other than the Company.
89.	Alteration of maximum railway charges of companies other than the Company.

Chapter IV.

Charges for Tramway Services Operated by the Company.

90.	Maximum charges for tramway services operated by the Company.
91.	Alteration of maximum charges for tramway services operated by the Company.

Chapter V.

Charges for Carriage of Merchandise by road, applicable to the Company and Certain other Statutory Carriers.

92.	Maximum charges for carriage of merchandise by road.
93.	Alteration of maximum road charges of a statutory carrier.

Chapter VI.

Canal Charges.

94.	Definitions for purposes of Chapter IV of Part IV.
95.	Maximum canal charges.
96.	Revised canal classification of merchandise applicable to a canal undertaker.
97.	Revised schedule of maximum canal charges of a canal undertaker.
98.	Alteration of canal classification of merchandise applicable to a canal undertaker.
99.	Alteration of maximum canal charges.
100.	Charges for fractions of a penny.
101.	Repeal of existing provisions in relation to charges by canal undertakers.

Chapter VII.

Supplemental Provisions.

102.	Agreed charges by transport undertakers for the carriage of Merchandise.
103.	Publication of railway classification of merchandise, etc. by the Company.
104.	Publication of schedule of charges of merchandise by road applicable to statutory carriers other than the company.

Part V.

Abolition of the Railway Tribunal and Transfer of Certain of its Jurisdictions to the High Court.

105.	Abolition of railway tribunal.
106.	Transfer of certain jurisdictions of the railway tribunal to the High Court.
107.	Exercise of jurisdiction of the High Court.
108.	Assessors to aid the High Court.
109.	Right of Minister for Agriculture to appear before the High Court.

Part VI.

Abandonment of Railway Lines.

110.	Abandonment of a railway line.

Part VII.

Amendment of Road Transport Act, 1933.

111.	Interpretation of Part VII.
112.	Carriage for reward.
113.	Amendment of section 8 of the Act of 1933.
114.	Grant of merchandise licences to certain carriers.
115.	Extension of merchandise (existing carrier's) licence or grant of merchandise licence where existing transport facilities inadequate.
116.	Extension of operation of merchandise (existing carriers') licences.
117.	Amendment of section 9 of the Act of 1933.
118.	Temporary exemption from subsection (2) of section 34 of the Act of 1933.
119.	Increase of standard lorry weight of certain holders of merchandise (existing carrier's) licences.
120.	Increase of standard tractor weight of certain holders of merchandise (existing carrier's) licences.
121.	Giving of register of merchandise licences in evidence.
122.	Obligation of licensee under a merchandise licence to supply drivers of vehicles with copy of licence.
123.	Production by driver of vehicle, owned by licensee under a merchandise licence, of copy of licence.
124.	Prohibition of licensee holding himself out as carrying on merchandise road transport business not authorised by his licence.

PART VIII.

Miscellaneous Provisions.

125.	Extension of section 2 of the Railway and Canal Traffic Act, 1854, to the road traffic of certain persons.
126.	Enforcement of recommendations of inspector under section 41 of the Railway and Canal Traffic Act, 1888.
127.	Release of dissolved railway company from certain liabilities.
128.	Transfer of securities representing Royal Canal Guarantee Fund to the Company.
129.	Agreements entered into by railway companies other than the Company.
130.	Restrictions on compulsory acquisition of land held by transport undertakers.
131.	Cancellation of certain stock of the dissolved railway company.
132.	Redemption of certain stocks of the dissolved railway company.
133.	Provisions in relation to maintenance and operation of Victoria Bridge in the City of Dublin.
134.	Agreement between the Company, the Cork Corporation and the Cork Harbour Commissioners with respect to maintenance and operation of bridges in the City of Cork.
135.	Deposit with Minister of agreements regulating conditions of service of road transport employees of railway company.

FIRST SCHEDULE.

Enactments Repealed as on and from the Establishment Date.

SECOND SCHEDULE.

Transitory Provisions in Relation to the Dissolved Companies and the Company.

THIRD SCHEDULE.

Stocks of Dissolved Companies to be Exchanged for Stocks of the Company.

FOURTH SCHEDULE.

Provisions in Relation to Stockholders' Directors.

FIFTH SCHEDULE.

Compensation of Certain Officers and Servants of the Company.

SIXTH SCHEDULE.

Enactments not Applying to the Company.

SEVENTH SCHEDULE.

Provisions in Relation to Applications to the Minister for Certain Orders Under this Act.

EIGHTH SCHEDULE.

Miscellaneous Provisions as to Rates Applicable to the Company.

NINTH SCHEDULE.

Enactments Amended in their Application to the Company.

TENTH SCHEDULE.

Maximum Canal Charges.

Acts Referred to
Railways Act, 1933	No. 9 of 1933
Railways Act, 1924	No. 29 of 1924
Road Transport Act, 1932	No. 2 of 1932
Road Transport Act, 1933	No. 8 of 1933
Road Traffic Act, 1933	No. 11 of 1933
Harbours (Regulation of Rates) Act, 1934	No. 2 of 1934
Local Government Act, 1925	No. 5 of 1925
Road Transport Act, 1934	No. 17 of 1934
Road Transport Act, 1935	No. 23 of 1935
Defence Forces (Temporary Provisions) Act, 1923	No. 30 of 1923
Railways (Valuation for Rating) Act, 1931	No. 47 of 1931

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Number 21 of 1944.

TRANSPORT ACT, 1944.

AN ACT TO PROVIDE FOR THE INCORPORATION OF A TRANSPORT COMPANY TO BE CALLED CORAS IOMPAIR EIREANN AND FOR THE TRANSFER TO THAT COMPANY OF THE UNDERTAKINGS OF THE GREAT SOUTHERN RAILWAYS COMPANY AND THE DUBLIN UNITED TRANSPORT COMPANY, LIMITED, TO AMEND THE LAW RELATING TO RAILWAYS AND OTHER TRANSPORT UNDERTAKINGS AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [8th December, 1944.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—