- Latest available (Revised)
- Point in Time (27/05/2013)
- Original (As made)
Version Superseded: 28/10/2013
Point in time view as at 27/05/2013.
There are currently no known outstanding effects for the The Goods Vehicles (Community Licence) Regulations (Northern Ireland) 2013.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Statutory Rules of Northern Ireland
Road Traffic And Vehicles
Made
23rd April 2013
Coming into operation
27th May 2013
The Department of the Environment makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1.
The Department of the Environment has been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the carriage of passengers and goods by road M2.
1. These Regulations may be cited as the Goods Vehicles (Community Licence) Regulations (Northern Ireland) 2013 and shall come into operation on 27th May 2013.
2.—(1) In these Regulations—
“the 2010 Act” means the Good Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 M3;
“Community authorisation” means a Community authorisation issued under Article 3 of Council Regulation 881/92;
“Community licence” means a licence issued under Article 4 of Regulation 1072/2009;
“Council Regulation 881/92” means Council Regulation (EEC) No 881/92 on access to the market in the carriage of goods by road within the Community M4;
“Department” means the Department of the Environment;
“driver attestation” means a driver attestation issued under Article 5 of Regulation 1072/2009;
“Regulation 1071/2009” means 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 M5;
“Regulation 1072/2009” means Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market M6;
“standard operator's licence” means a standard licence within the meaning of section 2 of the 2010 Act.
(2) Expressions used which are also used in Regulation 1072/2009 have the meaning as in Regulation 1072/2009.
(3) The Interpretation Act (Northern Ireland) 1954 M7 shall apply to these Regulations as it applies to an Act of the Assembly.
Marginal Citations
M4O.J. No. L 095, 09.04.92, p1.
M5O.J. No. L 300, 14.11.09, p51.
M6O.J. No. L 300, 14.11.09, p72.
3. A person who uses a vehicle in Northern Ireland in contravention of Article 3 of Regulation 1072/2009 (requirement to possess a Community licence) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
4. Where a person holds, or has applied for, a standard operator's licence that authorises international transport operations, the competent authority for the purposes of Regulation 1072/2009 is the Department.
5.—(1) Subject to regulation 11(1) (supply of information), a person is entitled to be issued by the Department with a Community licence if the person holds a standard operator's licence that authorises international transport operations M8.
(2) From 27th May 2013 a Community authorisation is treated as a Community licence M9.
(3) From 27th May 2013 an attestation issued under Article 3 of Council Regulation 881/92 is treated as a driver attestation.
Marginal Citations
M8see section 2(5) of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010
M9See the second paragraph of Article 4(2) of Regulation 1072/2009.
6.—(1) Where the holder of a Community licence issued by the Department, is guilty of an infringement in Northern Ireland of Community road transport legislation which may lead to the loss of good repute in accordance with Article 6(1) and (2) of Regulation 1071/2009 M10, the Department may impose either or both of the following penalties—
(a)the temporary or permanent withdrawal of some or all of the certified true copies of the Community licence;
(b)the temporary or permanent withdrawal of the Community licence as determined by the Department.
(2) Where the holder of a Community licence issued by the Department is guilty of an infringement involving any misuse of driver attestations within the meaning of Article 12(2) of Regulation 1072/2009, the Department may impose either one or both of the following penalties—
(a)the temporary or permanent withdrawal of some or all of the certified true copies of the driver attestation;
(b)the temporary or permanent withdrawal of the driver attestation.
Marginal Citations
M10Article 6(1) of Regulation 1071/2009 states that, subject to paragraph (2), Member States are to determine the conditions to be met to satisfy the good repute provisions of Article 3(1)(b). This is prescribed in regulation 5 of the Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012 (S.R. 2012 No. 257).
7.—(1) A person who—
(a)applies for a Community licence; and
(b)wishes to dispute a reasoned decision of the Department to refuse to issue the person with a Community licence,
may appeal against that reasoned decision.
(2) A person who—
(a)is the holder of a Community licence; and
(b)wishes to dispute a reasoned decision of the Department to withdraw it or any certified true copies of it,
may appeal against that reasoned decision.
(3) The right of appeal conferred by each of paragraphs (1) and (2) is a right of appeal to the Department.
8.—(1) A person who—
(a)applies for a driver attestation; and
(b)wishes to dispute a decision of the Department to refuse to issue that person with a driver attestation,
may appeal against that reasoned decision.
(2) A person who—
(a)is the holder of a driver attestation; and
(b)wishes to dispute a reasoned decision of the Department to withdraw it or any certified true copies of it,
may appeal against that reasoned decision.
(3) The right of appeal conferred by each of paragraphs (1) and (2) is a right of appeal to the Department.
9.—(1) An appeal under regulations 7 and 8 must be brought within a period of 28 days, beginning with the day on which the aggrieved person (“the appellant”) was informed of the decision of the Department to refuse to issue that person with a community licence or a driver attestation or to withdraw it or any certified true copies of it.
(2) The Department must—
(a)consider any written representations made and any evidence provided when the appeal is brought;
(b)inform the appellant of the outcome of the appeal within the period of 56 days beginning with the day on which the appeal was brought; and
(c)provide a decision.
(3) Without prejudice to the right of any person to make an application for judicial review—
(a)a decision by the Department on an appeal brought under regulation 8 is binding on all parties affected by that decision; and
(b)the Department may give such directions as it considers appropriate to give effect to the decision.
10. The following are authorised inspecting officers for the purposes of Regulation 1072/2009—
(a)police constables in uniform;
(b)examiners appointed under Article 74 of the Road Traffic (Northern Ireland) Order 1995 M11.
11.—(1) The Department may refuse to issue a Community licence or driver attestation to an applicant if the applicant fails to supply any information that the Department may reasonably request for the purpose of verifying whether the applicant satisfies the conditions laid down in Article 4(1) or 5(1) of Regulation 1072/2009 as the case may be.
(2) The holder of a Community licence or driver attestation must supply such information as the Department may reasonably require from time to time to enable the Department to decide whether the holder is entitled to retain the licence or attestation.
(3) A person who fails to supply any information required under paragraph (2) may have the Community licence or driver attestation, and any certified true copies of it, withdrawn by the Department.
12.—(1) Where a person holds a standard operator's licence by virtue of a direction under regulation 29 of the Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012 M12, that person is also treated as the holder of any Community licence held by the actual holder of that standard operator's licence, for the same period as is specified in that direction.
(2) For the purposes of paragraph (1), “actual holder” has the same meaning as in regulation 29(1) of the Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012.
Marginal Citations
M12S.R. 2012 No. 261
13. For the purposes of these Regulations, section 20(2) of the Interpretation Act (Northern Ireland) 1954 applies with the omission of the words “the liability of whose members is limited” and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with that member's functions of management as if that member were a director of the body corporate.
14.—(1) The Road Traffic (Northern Ireland) Order 1981 M13 is amended in accordance with paragraphs (2) and (3).
(2) In Schedule 1 (statutory provisions conferring functions on authorised officers)—
(a)the entry for Article 5(4) of Council Regulation (EEC) No. 881/92 shall be omitted; and
(b)after the entry for Regulation 6 of the Road Transport (Passenger Vehicles Cabotage) Regulations (Northern Ireland) 2005 insert—
“Article 4(6) of Regulation (EC) No. 1072/2009 of the European Parliament and of the Council of 21st October 2009 on common rules for access to the international road haulage market. | To require the presentation of a certified true copy of a Community licence, which is required to be kept on board certain goods vehicles.”. |
(3) In Schedule 2 (statutory provisions relating to vehicles and their drivers)—
(a)the entry for regulation 3 and 7 of the Goods Vehicles (Community Authorisations) Regulations 1992 M14 shall be omitted; and
(b)after the last entry add—
“Regulation 3 of the Goods Vehicles (Community Licence) Regulations (Northern Ireland) 2013. | To impose a penalty for the contravention of the requirement to possess a Community licence when using a goods vehicle.”. |
15. The Goods Vehicles (Community Authorisations) Regulations 1992 are revoked.
Sealed with the Official Seal of the Department of the Environment on 23rd April 2013
L.S.
Iain Greenway
A senior officer of the
Department of the Environment
(This note is not part of the Regulations)
These Regulations give effect to aspects of Regulation (EC) No 1072/2009 of 21 October 2009 (“Regulation 1072/2009”), which makes provision for a Community licence allowing goods vehicles access to the market in the carriage of goods by road between Member States and for a driver attestation where the driver is a third country national.
Regulation 1072/2009, which has direct effect in Member States, recasts existing European Regulations and governs the conditions for the issue and use of Community licences and driver attestations. It prescribes the form of the Community licence (Article 4.4 and Annexes I and II) and driver attestation (Article 5(3) and Annexes I and III), and the period of validity for each (Articles 4(2) and 5(7) respectively).
These Regulations establish an offence, punishable on summary conviction by a fine up to level 4 on the standard scale (regulation 3).
The competent authority for the purposes Regulation 1072/2009 is the Department, as provided for in regulation 4.
Regulation 5 confers entitlement to a Community licence on the basis of the relevant Northern Ireland licence. It also provides that existing Community authorisations and driver attestations are deemed to be Community licences and driver attestations respectively for the purposes of Regulation 1072/2009 and of these Regulations. Provision is also made for administrative penalties in certain circumstances – which include the refusal to issue and the withdrawal of documents (regulation 6). The Regulations confer rights of appeal against administrative penalties (regulations 7 to 9).
Authorised inspecting officers are designated for the purpose of Regulation 1072/2009 (regulation 10).
Regulation 11 requires the holder of a Community licence or driver attestation to supply information in certain circumstances, and provides that such documents may be withdrawn in the event of failure to comply.
Provision is made for the automatic transfer of a Community licence following death and bankruptcy or incapacity of the holder (regulation 12) and for offences which may be committed by a body corporate (regulation 13). In addition provision is made for the amendment of the Road Traffic (Northern Ireland) Order 1981, so that an authorised inspecting officer may prohibit the driving of a vehicle on the road in certain circumstances (regulation 14).
A full impact assessment of the effect that Regulation 1072/2009 (along with two other related EU Road Transport Regulations) will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside this Regulation on www.legislation.gov.uk. Regulation 1072/2009 can be viewed on the EUR-Lex website at www.eur-lex.europa.eu.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: