Transport Act (Northern Ireland) 1967

Status:

Point in time view as at 31/12/2020.

Changes to legislation:

There are currently no known outstanding effects for the Transport Act (Northern Ireland) 1967, Section 46D.

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46DProfessional competence of road passenger transport operatorsN.I.

(1)In relation to an applicant for, or a holder of, a [F1bus operator's] licence “exempt person” means a person who held, or was one of the holders of, a relevant licence before 1st January 1978 and, subject to subsection (2), for the purposes of a [F1bus operator's] licence a person shall be regarded as professionally competent if—

(a)he held, or was one of the holders of, a relevant licence before 1st January 1975; or

(b)he has demonstrated that he possesses the requisite skills by passing a written examination organised by an approved body and is the holder of a certificate to that effect issued by that body; or

(c)he is the holder of any other certificate of competence, diploma or other qualification recognised for the purposes of this section by the Department; or

(d)before 1st January 1980 he has held a relevant licence for not less than 3 years continuously.

(2)A person shall not be regarded, for the purposes of subsection (1)(a), as the holder, or one of the holders of, a relevant licence, other than a [F2licence under Part 2] , at any time unless he is the holder of a certificate issued by the Department for Transport or the competent authority of any Member State F3... to the effect that he held such a licence.

(3)In subsections (1) and (2), “ relevant licence” means—

(a) a [F4licence under Part 2] ; or

(b)a licence or other authorisation granted in a Member State which authorises the holder to provide a service for the carriage of passengers by road for reward.

(4)(a)The written examination mentioned in subsection (1)(b) may be supplemented by an oral examination organised by the approved body [F5in accordance with Part II of Annex I to the 2009 Regulation] ;

(b)the certificate mentioned in subsection (1)(b) must take the form of the certificate set out in [F6Annex III to the 2009 Regulation and contain the security features as set out in Annex II to that Regulation] ;

(c)in subsection (1)(b), “approved body” means—

(i)a body approved by the Department for the purposes of that subsection, or

(ii)a body approved by the Secretary of State for the purposes of paragraph 6 of Schedule 3 to the Public Passenger Vehicles Act 1981, or

[F7(iii)a body or authority designated by a Member State for the purposes of Article 8.3 of the 2009 Regulation (EU);] and

(d)in subsection (1)(b), “the requisite skills” means knowledge corresponding to the level of training, for either national or international transport operations as the case may be, provided for in Annex I to [F8the 2009 Regulation] in the subjects there listed.

[F9(4A)In the case of an examination organised or a certificate issued by an approved body specified in subsection (4)(c)(iii), references to the 2009 Regulation in subsections (4)(a), (4)(b) and (4)(d) are references to the 2009 Regulation (EU).]

(5)Where two or more individuals trading in partnership apply for, or are the holders of, a [F10bus operator's] licence, the applicant for, or as the case may be, the holder of, the licence shall be regarded as professionally competent if one of those individuals who is continuously and effectively responsible for the operation of the vehicles used under the licence is professionally competent.

F1Words in s. 46D(1) substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), s. 48(2), Sch. 1 para. 16(2); S.R. 2015/284, art. 2(1), Sch. (with art. 2(2)(3))

F2Words in s. 46D(2) substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), s. 48(2), Sch. 1 para. 16(3); S.R. 2015/284, art. 2(1), Sch. (with art. 2(2)(3))

F3Words in s. 46D(2) omitted (31.12.2020) by virtue of The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 2(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in s. 46D(3)(a) substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), s. 48(2), Sch. 1 para. 16(4); S.R. 2015/284, art. 2(1), Sch. (with art. 2(2)(3))

F5Words in s. 46D(4)(a) substituted (18.8.2014) by The Road Passenger Transport (Qualifications of Operators) Regulations (Northern Ireland) 2014 (S.R. 2014/206), regs. 1(1), 9(11)(a)

F6Words in s. 46D(4)(b) substituted (18.8.2014) by The Road Passenger Transport (Qualifications of Operators) Regulations (Northern Ireland) 2014 (S.R. 2014/206), regs. 1(1), 9(11)(b)

F7S. 46D(4)(c)(iii) substituted (31.12.2020) by The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 2(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F8Words in s. 46D(4)(d) substituted (18.8.2014) by The Road Passenger Transport (Qualifications of Operators) Regulations (Northern Ireland) 2014 (S.R. 2014/206), regs. 1(1), 9(11)(d)

F9S. 46D(4A) inserted (31.12.2020) by The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 2(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

F10Words in s. 46D(5) substituted (5.10.2015) by Transport Act (Northern Ireland) 2011 (c. 11), s. 48(2), Sch. 1 para. 16(5); S.R. 2015/284, art. 2(1), Sch. (with art. 2(2)(3))