12A.—(1) The requirements of this section are set out in subsections (2) and (3).
(2) The first requirement is that the Department is satisfied that the applicant—
(a)has an effective and stable establishment in Northern Ireland (as determined in accordance with Article 5 of the 2009 Regulation);
(b)is of good repute (as determined in accordance with regulations and Article 6 of the 2009 Regulation);
(c)has appropriate financial standing (as determined in accordance with regulations and Article 7 of the 2009 Regulation); and
(d)is professionally competent (as determined in accordance with regulations and Article 8 of the 2009 Regulation).
(3) The second requirement is that the Department is satisfied that the applicant has designated a transport manager in accordance with Article 4 of the 2009 Regulation who—
(a)is of good repute (as determined in accordance with regulations and Article 6 of the 2009 Regulation);
(b)is professionally competent (as determined in accordance with regulations and Article 8 of the 2009 Regulation); and
(c)in the case of a transport manager designated under Article 4.2 of the 2009 Regulation—
(i)is not prohibited from being so designated by the Department, and
(ii)is not designated to act as transport manager for a greater number of road transport undertakings or in respect of a greater number of vehicles than the Department considers appropriate, having regard to the upper limits in Article 4.2(c) of the 2009 Regulation, or such smaller number as the Department considers appropriate in accordance with Article 4.3 of the 2009 Regulation.]
Textual Amendments
F1Ss. 12-12E substituted for s. 12 (1.7.2012) by The Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012 (S.R. 2012/257), regs. 1(1), 17(5)
Modifications etc. (not altering text)
C1S. 12A applied (1.7.2012) by The Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012 (S.R. 2012/261), regs. 1, 27(3)