Regulation (EC) No 1071/2009 of the European Parliament and of the CouncilShow full title

Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (Text with EEA relevance)

Article 11U.K.Examination and registration of applications

1.A transport undertaking which complies with the requirements laid down in Article 3 shall, upon application, be authorised to engage in the occupation of road transport operator. The competent authority shall ascertain that an undertaking which submits an application satisfies the requirements laid down in that Article.

2.The competent authority shall record in the national electronic register referred to in Article 16 the data relating to undertakings which it authorises and which are referred to in points (a) to (d) of the first subparagraph of Article 16(2).

3.The time limit for the examination of an application for authorisation by a competent authority shall be as short as possible and shall not exceed 3 months from the date on which the competent authority receives all documents necessary to assess the application. The competent authority may extend this time limit for one additional month in duly justified cases.

4.F1...

[F2When] assessing the good repute of an undertaking, the competent authority shall verify, by accessing the data referred to in point (f) of the first subparagraph of Article 16(2), either by direct secure access to the relevant part of the national registers or by request, whether at the time of the application the designated transport manager or managers are declared [F2as] unfit to manage the transport activities of an undertaking pursuant to Article 14.

F3...

5.Undertakings with an authorisation to engage in the occupation of road transport operator shall, within a period of 28 days or less, F4... notify the competent authority which granted the authorisation of any changes to the data referred to in paragraph 2.

[F56.The obligation imposed by paragraph 5 on such an undertaking constitutes a condition attached to a qualifying licence for the purposes of:

(a)if the undertaking is established in Great Britain, section 26(1)(b) of the 1995 Act; or

(b)if the undertaking is established in Northern Ireland, section 23(1)(b) of the 2010 Act.]

Textual Amendments