Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010

Operators' licencesN.I.

This section has no associated Explanatory Notes

1—(1) Subject to subsection (2) and [F1sections 2A and 3] , a person shall not use a goods vehicle on a road for the carriage of goods—

(a)for hire or reward, or

(b)for or in connection with any trade or business carried on by that person,

except under a licence issued under this Act; and in this Act such a licence is referred to as an “operator's licence”.

(2) Subsection (1) does not apply to—

(a)the use of a small goods vehicle;

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the use of a goods vehicle for international carriage by a haulier established in Great Britain and not established in Northern Ireland; or

(d)the use of a vehicle of any class specified in regulations.

[F3(2A) A class of vehicles that may be specified in regulations under subsection (2)(d) includes goods vehicles used for international carriage by a haulier established in a member State.]

(3) For the purposes of subsection (2)(a) a goods vehicle is a small goods vehicle if—

(a)it does not form part of a vehicle combination and—

[F4(i)in the case of a vehicle used for hire or reward, it has a relevant plated weight not exceeding—

(A)2.5 tonnes, or

(B)3.5 tonnes if it is used only for national transport operations,]

[F5(ia)in the case of a vehicle used for or in connection with any trade or business carried on by the person using the vehicle, it has a relevant plated weight not exceeding 3.5 tonnes, or]

(ii)in the case of a vehicle which does not have a relevant plated weight, it has an unladen weight not exceeding 1525 kilograms; or

(b)it forms part of a vehicle combination and complies with such conditions as may be prescribed;

and “relevant plated weight” in [F6this Act] means a plated weight of the description specified in relation to [F7this Act] by regulations.

[F8(4) In subsection [F9(2)(c) and (2A)], “established”, “haulier” and “international carriage” have the same meaning as in Regulation (EC) No 1072/2009 on common rules for access to the international road haulage market.]

(5) For the purposes of this Act, the performance by a statutory body of its functions constitutes the carrying on of a business.

(6) A person who uses a vehicle in contravention of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7) In this section “statutory body” means a body established by a statutory provision.

Textual Amendments

Commencement Information

I1S. 1 in operation at 22.6.2012 for specified purposes by S.R. 2012/247, art. 2, Sch.

I2S. 1 in operation at 1.7.2012 in so far as not already in operation by S.R. 2012/262, art. 2 (with arts. 4-6)