Conflict of Laws Issues relating to shipping and the carriage of goods often raise questions about which country’s law and courts should adjudicate disputes. For a comprehensive understanding, see sections on conflict of laws concerning European Union judgments, regulations, and the Rome Conventions on contractual and non-contractual obligations. The Judgments Regulation permits plaintiffs, but not defendants, to sue in the courts of a State other […]
Speed Limits Background In September 2023, the Department published the results of a Speed Limit Review. Among the key recommendations were changes to certain default speed limits. The Road Traffic Act 2004, sets default speed limits for different classes of roads. Local authorities are then empowered to vary those limits by applying what are called ‘special speed limits’ through bye-laws. This system of national default limits […]
MARITIME SECURITY ACT 2004 REVISED Updated to 22 November 2021 AN ACT TO GIVE EFFECT TO THE UNITED NATIONS CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF MARITIME NAVIGATION, DONE AT ROME ON 10 MARCH 1988, AND TO THE PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF FIXED PLATFORMS LOCATED ON THE CONTINENTAL SHELF, DONE AT ROME ON THAT […]
18th Century In the early 18th century, Dublin Port was largely undeveloped. The Liffey was not confined to well-defined banks. It flowed through a widening course and, at high water, could reach Merrion Square and Amiens Street. The ships lay on mud at low tide. In 1707, the Irish Parliament placed responsibility on the committee of Dublin Corporation to build a ballast office and maintain […]
Cape Town Convention The Cape Town Convention, the Convention on International Interests in Mobile Equipment, operates as an umbrella framework of rules for security interests in a range of mobile equipment relations, including aircraft. There are different protocols to deal with different categories of mobile equipment. The protocol takes precedence over the Convention. The Convention has been adopted by over 50 states but not by […]
Personal Transporters and Pedal Cycles The 2023 Act amends the definition of “driving” to apply its meaning to the use of powered personal transporters (PPTs) in the same fashion as it is applied to the use of bicyclAes and tricycles (riding). It provides a definition for e-bikes, which clearly differentiates between low-powered and high-powered models, by amending the definitions for mechanically propelled vehicle, pedal bicycle […]
Road Traffic Act 2016 The Act provides for a number of measures to improve safety on roads: Provision for roadside tests of oral fluid for the presence of drugs; A new offence of driving with the presence of certain specified drugs in the blood; Measures to give effect to agreement between Ireland and the UK on mutual recognition of driver disqualifications; The creation of a […]
CIE & Rationalisation The Transport Act, 1944 established Córas Iompair Éireann and CIE and dissolved the Great Southern Railways and Dublin United Transport Company Limited. Their undertakings were transferred to CIE. Later, in 1945 following the fall of the previous minority government and the Transport Bill (due a pending investigation in on stock market irregularities) legislation was passed to compulsorily acquire the Great Southern Railways. […]
Control of Clamping The Vehicle Clamping Act regulates vehicle clamping and related matters. It provides for a two-tier appeal system to hear appeals against clamping and relocation; provision of appropriate signage when clamping is in operation; setting of maximum release and relocation charges; establishment of a code of practice. The National Transport Authority has regulatory power in relation to administration of clamping, provision of signages […]
Commissioners Initially, the Irish parliament gave extensive powers to promoters and undertakers with a view to improving waterways in particular areas. An Act of the parliament passed in 1729 established four bodies of commissioners. In 1752, it constituted a corporation, the Commissioners for improving Inland Navigation with the object of promoting and carrying on inland navigation in Ireland. After 1772, it was given power to […]
Grand Canal The Grand Canal and Royal Canal are parallel waterways from Dublin to the Shannon. The Grand Canal was completed in 1811 and the Royal Canal in 1817. The Grand Canal Company was established in 1772 to ensure the future of the canal which by then had only been completed as to a relatively short stretch. A circular line to Dublin from Portobello to […]
Railway and Canal Commission Ultimately, the slowness of canal transport was too great a disadvantage. The lack of heavy and sustained mineral traffic, combined with physical disabilities confronting barge traffic, led to the erosion and disappearance of commercial traffic and virtual disappearance. The Railway and Canal Act 1888 established a Railway and Canal Commission of the United Kingdom. It amended the Railway and Canal Traffic Acts […]
Navigable Canals A number of the canals constructed in the 18th and 19th centuries are derelict. Some have been or are being restored. At present, the navigable canals are the Grand Canal, Royal Canal, Shannon and Erne Waterways, Erne System Barrow Navigation Lower Bann Navigation Jamestown Canal, Tralee Ship Canal. Transfer to OPW The Canals Act 1986 provided for the transfer of the Grand Canal […]
Background The history of the attempt to link Lough Erne to Shannon was troubled. Attempts were made to link the major waterways in the 18th century. In 1838 the Commissioners for Public Works commenced work on the Ulster Canal to provide a link to Lough Neagh. Work on the Ballinamore and Ballyconnell Canal commenced in 1846, financed by the office of public works. The canal […]
Older Legislation Merchandise road transport is subject to licensing under the Road Transport Act 1933. This has been superseded by the above legislation but some parts remain in force. Merchandise road transport is the carriage for reward of goods in a mechanically propelled vehicle on vehicles drawn by the same. It does not include carriage of merchandise by passenger road service licence under the Road […]
EU Regulations EU regulations provide for a road passenger transport operator’s licence. This applies to an operator who carries passengers for reward in vehicles with accommodation for more than nine persons, including the driver. A licence must be held. Applicants for the licence must satisfy requirements in relation to financial standing, good repute, professional competence, and other requirements. There is provision for certificates of competence […]
EU Legislation Road transport is subject to domestic legislation dating from the 1930s and European Union legislation prescribing common EU standards. The European Communities (Road Transport) Regulations apply to the carriage of goods and passengers by road within the EU. They apply the provisions of the European agreement concerning the work of crew and vehicles engaged in International Road Transport (AETR) to certain international road […]
Agencies The Carriage of Dangerous Goods by Road Act gives effect to the European Agreement on the International Carriage of Dangerous Goods by Road (ADR). The Department of Transport, Minister for Justice, National Authority for Occupational Health and Safety and Radiological Protection of Ireland are authorities for the purpose of the legislation. They may appoint persons to be inspectors under the legislation. Road Safety Authority […]
Flying & Liability No legal action can be taken for trespass and nuisance by reason of flight of aircraft over property at a height which having regard to wind, weather, and all the circumstances is reasonable, or the ordinary incidents of the flight, provided that the other terms and conditions are complied with. There are penalties for dangerous flying. The owner and the person guilty […]
Air Companies The Air Navigation and Transport Act 1936 provided for the incorporation of Aer Lingus Teoranta, a private company whose sole shareholder was the State. Provision was made for subsidies and loans. The 1946 Act provided for the establishment of Aer Rianta, as a company owned by the State. The shares were issued to the Minister for Finance. Provision was made for loans and […]
Establishment The Air Navigation and Transport Act 1936 provided that the Minister/ Department may acquire land for the purpose of the establishment of aerodromes. Auxiliary roads, equipment, and buildings may be provided. Local authorities can, in principle, with the consent of the Minister, carry out business ancillary to that of carrying on an aerodrome. Where the Minister or local authority establishes an aerodrome, he may […]
Liability for Damages Where damage is caused to persons or property by any person in or article falling from an aircraft in flight, taking off or landing, a special provision applies. Damages are recoverable from the owner of the aircraft in respect of such damage or loss without proof of negligence or intention, as if caused by his willful act, neglect, or default, except where […]
Liability Where damage is caused to persons or property by any person in or article falling from an aircraft in flight, taking off or landing, a special provision applies. Damages are recoverable from the owner of the aircraft in respect of such damage or loss without proof of negligence or intention, as if caused by his willful act, neglect, or default, except where the loss […]
IAA Functions The Irish Aviation Authority was established under the Irish Aviation Authority Act 1993. The Minister has the power to require the authority to comply with policy decisions of a general kind made by the government. It may be required to refrain from doing things to which the functions relate, specified in a direction or refrain from doing that, which in the opinion of […]
Background The Commission for Aviation Regulation was established in 2001 as a regulator of certain aspects of the aviation industry. The State airports are owned directly or indirectly by the government. Part of the reason for establishing a regulator was to avoid a conflict of interest for the government’s role with shareholders of the airports and regulator of airport charges. Aer Rianta became the Dublin […]
Pilot in Command The pilot in command of private or commercial aircraft must, prior to commencement of the flight, be satisfied that the flight may be safely undertaken in accordance with the proposed route and the aerodromes concerned in relation to the given weather conditions. Alternative action must be taken if the planned flight cannot be completed. The pilot in command must be satisfied that […]
Registration Letters Every aircraft must have a registration letter showing the state it is registered in (EI for Ireland followed by a hyphen and the registration mark of three capital letters). The nationality and registration marks are to be inscribed on fireproof material prominently near the main entrance and painted or affixed to the aircraft. The precise requirements with respect to the external display of […]
Overview Aircraft must follow flight rules. They may be visual flight rules, which are with reference to visual references and instruments, or flight rules with reference to aircraft instruments. Visual flight rules are applicable only where weather and safety allow, and there is sufficient visibility. With visual flight rules, the aircraft must operate with sufficient visibility in terms of the distance relative to speed. Air […]
Eurocontrol Conventions Eurocontrol is the European organisation for the safety of air navigation and was established by Convention in 1960. Eurocontrol is an independent body with legal capacity. It has the status, privileges and immunities of an international organisation. The Convention was given effect by the Air Navigation (Eurocontrol) Act, 1963 and Ireland joined o the organisation in 1965. The organisation includes nearly all the […]
Early Conventions The first major Convention on Aviation was the Paris Convention on the Regulation of Aerial Navigation 1919. In effect, it codified and established international law principles on air space convention. It acknowledged and recognised the exclusive sovereignty of States over and in respect of their airspace. The Convention was a precursor of the Chicago Convention 1944. It established some important principles and bodies. […]
Pre-Liberalisation Until the 1980s, relatively protectionist conditions prevailed in international trade, generally. This was reflected in agreements on air traffic rights. Many airlines were owned by state or publicly owned companies and were monopolies or left to set their prices on relatively competition-free terms. Historically, states designated a limited number of carriers for the purpose of agreements. The effect might be that only a limited […]
Piracy A series of hijacking incidents in the 1950s and 60s brought hijacking and air privacy centre stage. Differences in criminal sanctions and laws, causes, and jurisdictions became apparent. The start of the millennium saw the infamous 9/11 attacks. Historically, maritime privacy was one of the few crimes that all States could punish regardless of where the action was taken or whose citizens were affected. […]
Establishment The Chicago Convention 1944 establishes the ICAO. It is a UN international body whose function is to develop principles and techniques of international air navigation and foster planning and development of international air travel. Its objectives are to ensure the safe and orderly growth of international civil aviation, encourage the art of aircraft design and operation for peaceful purposes, encourage the development of airports […]
Overview There was no single comprehensive international system of registration of property rights and other interests, including security interests in aircraft and aircraft parts. Aircraft are expensive capital goods and require considerable investment. The rules by which both states limit interest in airlines to the nationals in broad terms are not applicable to the financing of aircraft. They do apply to equity stakes in the […]
Dublin Transport Authority The Dublin Transport Authority Act 2008 sought to ensure the delivery of Transport 21 investment and the provision of an integrated transport system in the Greater Dublin area. The area covered includes the four Dublin local Authority areas Kildare, Meath and Wicklow. The Dublin Transport Authority (later the National Transport Authority) is established under the Act. The legislation sets out its general […]
NTA The National Transport Authority or NTA is the transport authority for Greater Dublin and the public transport licensing agency for Ireland. It was established under the provisions of the Dublin Transport Authority Act (2008) and the Public Transport Regulation Act (2009), on 1 December 2009. The NTA took over certain functions from the Department of Transport and the entire role of the Dublin Transportation Office. The […]
Taxi Regulation Act Taxi Regulation Act 2013 restates and revises the Taxi Regulation Act 2003. It seeks to strengthen enforcement, including in particular managing disqualifications from holding a licence on conviction of certain offences, suspension and revocation of a licence or refusal having regard to the suitability of the applicant, including, in particular, a conviction for certain relevant offences or breaches of taxi regulation; fixed […]