EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations revoke and replace the Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2013. They implement Regulation (EC) No 1073/2009 (“the EU Regulation”) of the European Parliament and of the Council on common rules for access to the international market for coach and bus services (OJ No L300, 14.11.2009, p. 88; “the EU Regulation”) and the Agreement on the international occasional carriage of passengers by coach and bus (OJ No L321, 26.11.2002, p. 13; “the Interbus Agreement”).
The EU Regulation and the Interbus Agreement establish rules allowing access to the market for the provision of international bus and coach services.
In particular the EU Regulation provides for a Community licence and makes provision in relation to regular services, special regular services, occasional services and cabotage, requiring an authorisation for the operation of regular services and the carrying of control documents. Relevant terms are defined in Article 2 of the EU Regulation.
The Interbus Agreement makes provision in relation to occasional services from States which are contracting parties to the Agreement, requiring an authorisation in relation to non-liberalised occasional services and the carrying of control documents in relation to liberalised occasional services. Relevant terms are defined in Article 3 of the Agreement.
Regulation 3 designates the Department for Infrastructure (“the Department”) as the competent authority for the purposes of the EU Regulation and the Interbus Agreement.
Regulation 4 disapplies certain domestic road transport requirements for public service vehicles not registered in the United Kingdom but providing services under the EU Regulation or the Interbus Agreement.
Regulation 5 makes provision for the payment of fees to the Department for the issue of control documents or an authorisation. Regulation 6 makes provision in relation to the retention of control documents. Regulation 7 confers entitlement to a Community licence on the basis of possessing the relevant Northern Ireland bus operator’s licence.
Regulations 8 to 10 make provision in relation to information to be supplied with applications for a Community licence, the withdrawal of Community licences and appeals against withdrawal.
Regulation 11 gives power to authorised officers (as defined in that regulation) to stop vehicles to check whether an offence under the Regulations has been committed. Offences are set out in regulation 16 and Schedules 1 and 2 and regulation 18 provides that they are punishable on summary conviction by a fine not exceeding level 3 under these Regulations or level 4 under Article 4(1) of Regulation 1073/2009 on the standard scale.
Provision is made for the automatic transfer of a Community licence and an authorisation following the death, bankruptcy or incapacity of the holder (regulation 12) and for offences which may be committed by a body corporate (regulation 17).
In addition provision is made for the amendment of other relevant legislation (regulations 13, 14 and 15).
An Explanatory Memorandum has been produced and is available from the Transport Strategy Division, Department for Infrastructure, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or online alongside these Regulations at http://www.legislation.gov.uk/nisr.