OF THE ROAD - IRHA · 2019-04-11 · ISSUE TWENTY THREE SUMMER 2018 Issue 23 NEWSLETTER OF THE IRISH ROAD HAULAGE ASSOCIATION KNIGHTS OF THE ROAD IRHA AGM & Conference 2018 “One

KNIGHTS OF THE ROAD ISSUE TWENTY THREE

SUMMER 2018 Issue 23 NEWSLETTER OF THE IRISH ROAD HAULAGE ASSOCIATION

KNIGHTSOF THE ROADIRHA AGM & Conference 2018

“One Of The Most Successful And Engaging Conferences The IRHA have hosted”

2018

President of the IRHA, Verona Murphy said “I am delighted that we have appointed Tony to this position. It is important for the Association that we have a strong team who can engage with Government and State bodies with the appropriate experience, knowledge and insight in order to promote the interests of our members in a meaningful way.”Tony Goodwin said “The operating environment for Irish road hauliers is very challenging at the moment and the sector is facing many pressures over the coming years. The IRHA is a well-respected Association which has done great work over the years. I look forward to helping the Council and Management Committee continue to represent the industry effectively and serve the members of the IRHA to ensure that their voice is heard and their concerns taken into account by policy makers at local, National and European level”.

In his address he complimented the IRHA on the leadership they have given and continue to show in terms of providing information about the practical

realities exporters and importers may face in the event of a “Hard Brexit”. He praised the association president Verona Murphy for her continued

work and lobbying and he said the Government valued her and the organisations help.

In his concluding remarks he said that given that the IRHA was a voluntary organisation, their contribution was all the more worthy

of note. In her comments Verona Murphy welcomed the Taoiseach, saying that it was never more appropriate that he was in

attendance, given the potential impact a “Severe Brexit” could have on IRHA members and their customers.

She also expressed pride in the level members had interacted and debated through the various meetings

and workshops over the two days. Concluding, she thanked the corporate partners, sponsors and patrons

for their continued support throughout the year and urged members to support them where they could.

IS HOW PRESIDENT VERONA MURPHY DESCRIBED THE AGM WHICH WAS HELD EARLIER THIS YEAR IN DUBLIN. HIGHLIGHT OF THE WEEKEND WAS THE ATTENDANCE OF

AN TAOISEACH LEO VARADKAR AT THE SATURDAY NIGHT BANQUET.

KNIGHTS OF THE ROAD ISSUE TWENTY THREEKNIGHTS OF THE ROAD ISSUE TWENTY THREE

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EU Commissioner Phil Hogan said that Ireland must prepare for a scenario the UK and leaves the EU without agreement next March, meaning a hard Brexit. Speaking on Monday at a special conference on Brexit organised by the Irish Road Haulage Association and Rosslare Europort, entitled “keeping trade flowing”

He added that, in preparing for a hard Brexit, the Irish Government need to consider the sea port capacity to ship freight directly to France. He said that we cannot worry about what preparations are in place in UK ports. Commissioner Hogan was highly critical of the lack of workable proposals coming from Westminster and said that “the latest episodes of the Brexit reality show have shown us Prime Minister May battling with the mutineers, and the mutineers battling with each other. This means that, less than two weeks out from a key meeting of EU leaders which is supposed to settle this very question, we are no closer to the UK converging around a real, workable solution,”. Irish Road Haulage Industry

Verona Murphy, President of the Irish Road Hauliers Association speaking at the event said that:

“Brexit is often talked about in terms of an event that will happen in 2019 but won’t really have any impact until 2021 or later. For the licensed Road Haulage Sector in Ireland Brexit is already biting and the impact is absolutely frightening. We need to be Brexit ready now and the Irish Government and State Agencies need to plan for a hard Brexit given the political uncertainties in Westminster”.Ms Murphy said that “as a potential disrupter to mercantile trade, Brexit has the capacity to seriously damage our national economy and our international trading relationships. The effects are already plain to predict – major delays at our Ports as Customs, the Department of Agriculture and the HSE all carry out inspection checks which have not applied on trade across the EU to date. The implications of these checks and the delays that they will create for the transit of goods to and from Ireland will seriously threaten our economic competitiveness. We would see ferries being delayed, kilometers of queues in Ports, shortages in goods and increases in the price of consumer goods as restrictions kick in. There will also be increases in the cost of transport of goods as trips become longer, less efficient and delayed.”

Economist Jim Power, who also spoke at the conference, said that the environment for the haulage sector has become more difficult and more volatile due to intense competition and numerous cost increases and face considerable challenges due to Brexit. However, he said that Brexit may also provide opportunity for the South East of Ireland, particularly in the potential development of Rosslare Europort.

Rosslare EuroportJim Meade, CEO of Iarnród Éireann, which owns and operates Rosslare Europort, said “as a key valuable strategic asset to the South East Region, Rosslare Europort can play a vital role post Brexit in supporting both the freight and tourism markets for the region and the island of Ireland.”

IRHA President Verona Murphy said that “as the Europort in Rosslare represents the shortest sea route for goods and passengers to continental Europe, the Port is ideally positioned to expand and grow in a post Brexit scenario. The Port can be a catalyst for investment within the region and offers real potential as a base for increased commercial and employment generating activities. In particular there is major potential for Rosslare to become a significant port for the transportation of agriculture and food products and as such it should receive the necessary designations and inspection facilities to enable this to take place. This would be of huge benefit to Rosslare, Wexford and the South East generally.

At the IRHA Rosslare Eurport conference on Brexit (from left to right) – Avril Doyle, former MEP, EU Commissioner Phil Hogan and Verona Murphy, President of the Irish Road Haulage Association

IRELAND MUST PREPARE FOR HARD BREXIT SAYS EU COMMISSIONER PHIL HOGAN


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The President has been very active on behalf of the IRHA members in the past few months, listed below are some of her engagements and meetings.

• 06/4/18 Monthly management committee meeting at HQ.

• 13/4/18 45th, IRHA AGM & Annual Conference held at City West Hotel, which was another roaring success. A big thank you to all concerned, members, Corporates & Patrons & guests alike, the 46th AGM will be held on the 5th & 6th of April 2019 in Slieve Russel Hotel, Cavan.

• 19/4/18 St David’s Day celebrations which had been postponed due to bad weather got underway today at the British Embassy, thereafter an appearance on the ‘Tonight Show’ to discuss Brexit.

• 30/4/18 All-Island Civic Dialogue on Brexit held at DIT, Dundalk. I was accompanied by Jerry Kiersy.

• There were many days spent in HQ during April also, with David Mcardle & Tony Goodwin.

• 01/5/18 Paul Jackman & I met with Solas to request the funding for the apprenticeship be transferred to the traineeship, in which we were successful.

• 2/5/18 Monthly management committee meeting at HQ, and an afternoon PLC directors meeting.

• 09/5/18 Store street Garda requested a meeting of all stakeholders using the city traffic wise, (as I was supposed to meet UK Minister Michael Gove in the British Embassy, which got cancelled) Jerry Kiersey attended and reported back.

• 18/5/18 Our friend Minister Heather Humphries, hosted a lunch in commemoration of the ‘Suffragette movement’ .

• 19/5/18 IRHA Council meeting was held at HQ.• 21/5/18 Rosslare Europort & IRHA meet to discuss

Brexit conference details.• 25/5/18 Chartered Practising Accountants Ireland

asked for an IRHA perspective alongside Kerry Coop on Haulage post Brexit.

• 26/5/18 Another great & very successful weekend for the Waterford Truck Show, total proceeds going to the RNLI, well done to all concerned it’s a selfless act to organise & take part for such a good cause.

• 29/5/18 Midlands Branch meeting, hearthy discussions on all things road haulage.

• 04/6/18 Sean O’Rourke , RTE radio. Discussion on the M50 serious traffic congestion & how improvements can be made.

• 06/6/18 Meeting with Minister Regina Doherty & Dept Officials to discuss the current legislative disparities arising at WRC inspections and in legislation in general. Good meeting to which we expect to have a response before the Dail recess.

• 07/6/18 South east Branch meeting. Lively

discussion and a nice cuppa afterwards.• 11/6/18 IRHA-Rosslare Europort Brexit Conference.

Highlighting the issue’s that need addressing in Rosslare -Europort that can be pre-prepared for in light of Brexit, primarily having the port designated an Agricultural inspection post, as currently there is only one, in Dublin Port.

• 13/6/18 Monthly management meeting at HQ.• 15/6/18 Alliance for Insurance reform (AIR). South-

East meeting, of which I chaired, people travelled from all over Ireland & thanks to those of you who showed up on behalf of the IRHA, I was accompanied by John Nolan IRHA Secretary, a very lively discussion on all insurance to which Minister Darcy didn’t attend.

• 21/6/18 The Tonight Show, to discuss Brexit & EU’s commitment to Ireland

• 29/6/18 Treasurer David McArdle & I attended the launch of the Dept of Jobs & Enterprise 2040 Jobs initiative, in Drogheda.

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Presidents Journal

Rest in PeaceThe IRHA management & their members wish to pass on their deepest sympathies to all those who have lost loved ones.Annie Jane Corby, to her son Brian, grandson Aidan, and extended FamilyDennis O’Leary(Snr), to his wife Marie, sons Brian , Denis, David & Terri daughters, Karen, Linda, & Debbie.Leslie Lowey, to his brother Stanley & extended family.Pat Quearney, (Specter Freight) to his wife Sylvia, son Brian, daughter Janice & extended family.Michael Alyward, to his wife Nancy, sons Michael, & PJ, daughters Bridget, Helen & Anne.Hewitt Giles, to his wife Sadie, son John, daughter Sandra and nephew Gordon Gash and all extended family.Nicholas Crosbie, to his wife Claire, daughters Christine & Haylee, son Harrison and son-in-law Lar. (Cork & Wexford), granddaughters and extended family

May they rest in peace


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The Importance of Incorporating your Terms & Conditions of Carriage into your ContractsBy Sharyn Doyle, Transport Associate Director, Wright Insurance Brokers

To ensure that your customer contracts are governed by your terms and conditions you must draw your customer’s attention to the terms and conditions before a contract is formed. It is not enough for you to have your terms and conditions hidden away on your website or referred to on your invoices.You may think that this is straightforward, particularly if you have standard terms and conditions which you use for all customers. It is however a little more complicated than that and you may find that the terms you thought had been agreed will actually fall outside of the contractual arrangement and are not binding, which can be a particular problem if and when a loss occurs. As you are a registered member of the Irish Road Haulage Association and one of the many reasons you joined is to take advantage for the IRHA Conditions of Carriage, which will limit your financial risk and liability for damaged or stolen goods.You must be aware when forming a contract with a goods owner that if you want certain conditions to be incorporated into your contract with the customer, before you agree to carry out the work, you must bring your conditions to the customer’s attention and make sure that they accept them.It is no good referring to the conditions after the work has been done (i.e., in the invoice). It is not uncommon for carriers to issue invoices to customers which, although they refer to the carrier’s standard conditions of carriage, they are issued after the carriage of goods has already been completed. In those circumstances, the contract will have been formed at an earlier date when the customer asked you to do something to which you agreed. There may have been terms agreed as to price and timing, but unless you have specifically referred to your conditions before agreeing to do the work, you run the very real risk that they will not be incorporated into the contract. In such circumstances or in the event of an incident involving the goods, the claimant is likely to argue that by the time the carrier issued their invoice, the carriage was complete and the terms of the contract were already agreed and therefore, it is too late for the carrier to seek to incorporate further terms limiting their liability. For a valid contract to be formed, there must be a valid “Offer”, an “Acceptance” and a “Consideration” of that offer and only upon such acceptance will a contract be formed. If on formation of the contract your terms and conditions haven’t been provided to the customer, they will not form part of the contract. Offer and acceptance could be done without you realising you are forming a legally binding contract, for example by fax, phone or exchange of emails. Therefore, it is vital that you do as much as you can to draw your customer’s attention to your terms and conditions early and by multiple means if possible.It is also important to ensure that your customer does not impose their terms and conditions on you. If they present their terms and conditions to you before the contract is formed and you do not formally reject them and confirm that your terms and conditions apply to the contract, then the contract will be based on the customer’s terms and conditions which, and in all likelihood, will be drafted in such a way that they are not favourable to you. This will cancel out any protections you have implemented for your business in your terms and conditions. You need to make key points regarding contract formation and pass them on to the people in your business who deal with customer orders, this in turn will minimise the risk to your company.Here are some simple points you can easily implement. This is by no means an exhaustive list of measures but just a few pointers

to ensure that your business is trading on the terms & conditions you offer.

If you are agreeing terms on the phone with a customer, refer to the relevant terms and conditions (be they the IRHA conditions or otherwise) and confirm to your customer that those terms will be incorporated into any agreement between you.

Send a copy of the terms and conditions to the customer immediately after any such call by letter, fax, email or whatever is most appropriate and confirm that the agreement is subject to those particular terms together with any additional provisions agreed i.e., price, timing etc.,.

Send a copy of the terms and conditions with any written quote and confirm that, should the customer place an order, it will be subject to those particular terms and conditions.

If your customer sends their own terms and conditions to you with their order, you must formally reject these in writing and confirm that your terms and conditions will apply and supply a copy of the same.

Display a copy of your terms and conditions on your website, social medial, email footers, letters etc., stating that “All goods are carried are subject to the standard and most recent edition of the IRHA Conditions of Carriage” and a copy of such conditions are available on request, and/or a link should be added to enable customers to download a copy of the relevant terms.

Incorporating your terms and conditions with new customers is even more important, especially if work is infrequent by way of a back-load for someone you have not worked for before. You must ensure that any quote issued by you contains reference to your contract terms prior to accepting the job and/or collecting the goods. All communication should be in writing and all forms of correspondence should be retained on your file. This should be done prior to undertaking any work for the customer. If a dispute arises as to whether your standard terms and conditions were incorporated into a contract, you will need to satisfy an insurance company/court that your standard terms and conditions were incorporated into the contract.It is therefore a good idea to keep records as to how they were brought to the customers attention. If they were sent by email, for example, you should retain a copy of the email and if they were sent via post, you should ensure the standard terms and conditions are referred to in the letter and that a copy of the letter is retained.For larger customers there are normally bespoke contract agreements, including reference to IRHA conditions and other specific limitations. These are usually agreed by both parties prior to commencement of the contract. Always provide a copy of your insurance schedule to your customers annually to confirm that cover is in place for the contract terms stated. Should you fall into difficulty or require any further advice on this matter, please do not hesitate to contact me on 086 7394422 or our main switchboard on 053 9155600.NOTE: The content of this article is for information purposes only. All opinions are the author’s and represent best judgement at the time of publication. It is not intended as legal advice.



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DEADLOCK OVER MOBILITY PACKAGE 1WILL HARM THE EUROPEAN ECONOMYReported by Dan Wolff IRHA BrusselsIRHA is concerned about the European Parliament’s failure to find a compromise on key regulation for the EU road transport included in the Mobility Package 1. Members of the European Parliament (MEPs) rejected for the second time in a row the three proposals on posting of workers, driving and rest time rules and access to the profession and to the road haulage market. After the first vote on 14 June, MEPs had a second opportunity to find agreements but came forward with unbalanced reports showing limited willingness to find a compromise.

This is a missed opportunity to provide a balanced and practical framework for further negotiations with the Council and the Commission, an opportunity where the European Parliament could have set the scene. Now the discussions are back to square one and encouragements to find solutions during this legislative mandate are very limited.

Matthias Maedge, of the IRU in Brussels commented: “The European Parliament has lost precious time. It may take years to find workable solutions and the industry has to stay with a patchwork of national rules. It is now time to rethink the purpose of the Mobility Package 1 and the ambitions the European Commission has by the end of the mandate.” While the reports are being transferred back to the Transport committee for a redraft, IRHA will continue their dialogue with all Tran-Committee member MEP’s and many other MEP’s, all other stakeholders also, including the DTTAS, Ireland’s attache in Brussels, to find the most efficient and fair solution for the hauliers of Ireland to secure the future of road transport.

As Austria has now taken over the Presidency of the EU until Dec 2018, it will be mid-July before we have a sense of what direction discussions will take.

IRHA ANNOUNCE APPOINTMENT OF NEW GENERAL SECRETARYThe Irish Road Haulage Association is pleased to announce the appointment of Tony Goodwin to the position of General Secretary.Tony is a barrister-at-law and practiced as junior counsel, based in the Four Courts, Dublin, for several years. He graduated from Trinity College Dublin with a law degree before obtaining a master’s degree in commercial law in UCD. He completed his legal studies in King’s Inns, Dublin before being called to the Bar of Ireland. He is also an associate member of the Irish Tax Institute.Tony has worked in other areas outside of the legal profession, including running his own business supplying the construction industry.Before joining the IRHA, Tony worked as a public law consultant and has carried out work for trade associations in other sectors. For the last few months, he has been working closely with our Management Committee on a number of issues concerning our members.

DENMARK CALLINGIn a note from the ministry of transport in denmark hauliers are been warned of some changes in terms of parking arrangements for trucks entering the country. Trucks will be restricted to 24 hours parking at any of the national service facilities on the motorway network. Heavy fines will be issued for trucks exceeding these time limits and for trucks parking illegally in the vicinity of service areas or on slip roads adjacent to them. For more up to date information any queries can be forwarded to [email protected]


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THE ALLIANCE FOR INSURANCE REFORM HAS WELCOMED THE LONG AWAITED CONFIRMATION FROM INSURANCE IRELAND THAT THEY WILL FUND THE ESTABLISHMENT OF A NEW GARDA INSURANCE FRAUD UNIT. The setting up of the unit is something the Alliance has been calling for to help prevent exaggerated and misleading claims being pursued and settled. Commenting on the announcement, Peter Boland of the Alliance for Insurance Reform said ‘This is great news for anyone concerned about the scale and impact of fraudulent and exaggerated personal injury claims in Ireland. In particular, we note that the new fraud group will be funded by insurers but will be operationally independent of them.

This is right and proper and will mean that there should be no barriers to the urgent establishment of the unit. Boland further commented “There are a number of steps that are now required to ensure that the Unit is up and running as quickly as possible. Firstly, Insurance Ireland have said that all insurers writing insurance in Ireland should contribute, not just members of the industry lobby group. This is fair enough but negotiations should not be allowed to drag on in this regard. The cost-benefit analysis of this proposal by Insurance Ireland took over half a year and further delays cannot be tolerated by anyone suffering from sky-high insurance premiums or targeted by fraudulent insurance claimsters.

“Secondly, we need rapid enactment of the private members’ bill currently being pursued in the Dáil by Deputy Billy Kelleher TD. This requires that where a personal injury case is dismissed as exaggerated or misleading by the courts, that the courts shall send the transcript of the case and any relevant evidence to the Director of Public Prosecutions. “Thirdly, we expect insurers to actively refer fraudulent claimsters to the new unit. The vast majority of personal injury claims never make it to court because most insurers settle before they get there, on the basis that it would cost more to pursue than to settle. This policy needs to change so that more insurers stand up to fraudsters on behalf of their customers and society. “Finally and most importantly, we need political will from the current Government. The Minister with responsibility for insurance, Michael D’Arcy TD, said at the Oireachtas Joint Committee on Finance on the 29th May that the Garda Insurance Fraud Unit is ‘a matter for the Gardai’. However the Alliance understand that the Gardai are ready for this and have the human resources to do it. Now that the finances are in place, it is up to the Government to ensure that there is a specific, urgent timeline established to quickly get the unit up and running in order to place a serious deterrent in the way of heedless claimsters, on behalf of Irish policyholders and society as a whole.”

Garda Insurance Fraud Unit Gets Funding Thumbs-Up Alliance for Insurance Reform Demands Early Launch

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The Importance of Locking-In your Company Data

The Company Card:

Yellow in colour Valid for 5 years Company may hold up to 2232 cards Allows for locking of company data Allows for the downloading of company locked data

We here at ETS want to emphasise to all Hauliers and Coach Companies the importance of locking in your company card into your digital vehicles.

Whether it’s a new, second hand or current vehicle you should check to see if the Tachograph is locked into your company card. If your vehicles are not locked into your company card it can cause issues when downloading data as you can only download data locked into your company card. This leads to missing data from the VU downloads and during an inspection by the RSA or any other road authority your company could be fined. In the case of an accident you will have no data to show an insurance company or a court of law to prove non liability.

If you find your vehicles are not locked into your company card you will have to get it downloaded by an approved workshop. A workshop card or an enforcement card is the only digital card that will be able to download data on your Tachograph when they are not locked into your company’s card. It is important that the workshop download all VU data when downloading the vehicle unit. After downloading the unit in the workshop you should then lock in your company card to ensure you download all the VU data going forward. This data should be sent to you so you have a record of all data/activities that have been performed by the vehicle.

To check whether your vehicles are locked in please contact your Tachograph analysis provider or check your software.

If you have a Stoneridge Optac 3 account there is a report that can be easily generated to check all vehicles. You will find this under Vehicle Reports and Company Card Locks. Choose Show all Vehicles and click View Report.





The Company Card:











The Company Card:











The Company Card:







At the IRHA 2018 AGM (From Left To Right) – President Of The Irish Road Haulage Association - Verona Murphy and An Taoiseach Leo Varadkar

Page 9


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IRHA Management Team 2017-2019 David McArdle (IRHA Treasurer), Paul Donovan, Ger Hyland, Jerry Kiersey (IRHA Hon Secretary), Verona Murphy IRHA President, An Taoiseach Leo Varadkar, Brendan Ryan, Pat O’Donovan (IRHA Vice President), Michael Collins, John Nolan (IRHA Secretary)

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IRHA AGM & Conference 2018

David Dennison~ Dennison Trailers, Co-Sponsor AGM 2018 Paul Jackman Thomas Smith ~ Daf Trucks, Co-Sponsors

His excellency British Ambassador Robin Barnett& David Mcardle ~ IRHA.

An Taoiseach & Nolan Transport representatives.Mary & Liam Clifford

Moyagh Murdock ~ CEO RSA, Chief Super Intd Con O’Donoghue, Traffic Corp & Deirdre Sinnott ~ HSA.

Staff of AIB ~ Corporate sponsors

Page 11


IRHA/Rosslare Euro-Port BREXIT CONFERENCE

Deirdre Clune ~ FG MEP , Avril Doyle ~ Former MEP, Verona Murphy~ IRHA President,

Avril Doyle ~ Former MEP Mike Proctor ~ Rosslare Euro-Port, Madeleine Quirke ~ Wexford Chamber Of Commerce

Phil Hogan Addressing the audience

Jim Moore ~ Mayor Of Wexford, Mike Proctor ~ Rosslare Euro-Port , Paul Keogh ~ Minister For Defense

Mike Proctor ~ Rosslare Euro-Port , Glenn Carr ~ Rosslare Europort Manager , Ger Carty ~ Independent County Councillor, Paul Keogh ~ Minister For Defense ,

Jim Moore ~ Mayor Of Wexford, Phil Hogan ~ EU Commissioner, Verona Murphy ~ IRHA President,Willie Fitzharris ~ Fine Gael Co Councillor, Jim Meade ~ CEO Irish Rail, Gerry Cuddihy ~ Irish Rail Jim Power ~ Economist

Mike Proctor ~ Rosslare Euro-Port , Gerry Cuddihy ~ Irish Rail, Verona Murphy ~ IRHA President

Irish Road Haulage Association, Suite 6, Gowna Plaza, Bracetown Business Park, Clonee, Co. MeathTelephone +353 (0)1 801 3380 Fax +353 (0)1 825 3080 Email [email protected] Website www.irha.ie

The IRHA wishes to thank our Corporate Sponsors for their support:

The views and opinion’s expressed in this publication save where otherwise indicated are not necessarily those of the Council & Officers of the IRHA. The appearance of an advertisement in this publication does not necessarily mean our Officers approve or endorse the product or service advertised.

If you would like to comment on any article published in this newsletter or you have any suggestions for topics we could cover please e-mail us.If you have a news item or event you or your branch would like to be included in the newsletter please send it to us at Head office.

The I.R.H.A. would like to acknowledge and thank their Corporate Partners & Patrons for their ongoing commitment to the Association in the past and for the

future. Members are asked to consider the commitment of the Corporate’s & Patrons when placing their business.

Documents

OF THE ROAD - IRHA · 2019-04-11 · ISSUE TWENTY THREE SUMMER 2018 Issue 23 NEWSLETTER OF THE IRISH ROAD HAULAGE ASSOCIATION KNIGHTS OF THE ROAD IRHA AGM & Conference 2018 “One