The Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019

Citation and commencement N.I.

1.  These Regulations may be cited as the Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019 and shall come into operation on 28th March 2019.

Commencement Information

I1 Reg. 1 in operation at 28.3.2019, see reg. 1

Interpretation N.I.

2.—(1) In these Regulations—

“the 1967 Act” means the Transport Act (Northern Ireland) 1967(1);

“the 1995 Order” means the Road Traffic (Northern Ireland) Order 1995(2);

“bus operator’s licence” means a bus operator’s licence within the meaning of section 4(3) of the 1967 Act;

“Department” means the Department for Infrastructure;

“EEA State” means a State, not being a Member State, which is a party to the EEA Agreement;

“Interbus” means the Agreement on the international occasional carriage of passengers by coach and bus(4);

“Regulation 1071/2009” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator(5);

“Regulation 1073/2009” means Regulation (EC) No 1073/2009 of the European Parliament and of the Council on common rules for access to the international market for coach and bus services(6).

(2) For the purposes of Regulation 1073/2009 and Interbus, “authorised inspecting officer” means—

(a) a constable in uniform; or

(b) a vehicle examiner appointed under Article 74 of the 1995 Order.

(3) Terms and expressions used in Regulation 1073/2009 or Interbus have the same meaning in these Regulations.

(4) The Interpretation Act (Northern Ireland) 1954(7) shall apply to these Regulations as it applies to an Act of the Assembly.

Commencement Information

I2 Reg. 2 in operation at 28.3.2019, see reg. 1

Competent authority N.I.

3.  F1 ... The competent authority for the purposes of Regulation 1073/2009, Interbus and of these Regulations is the Department.

Textual Amendments

F1 Words in reg. 3 omitted (31.12.2020) by virtue of The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 5(2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I3 Reg. 3 in operation at 28.3.2019, see reg. 1

Use of a public service vehicle not registered in the United Kingdom N.I.

4.—(1) This regulation applies to a vehicle not registered in the United Kingdom but which is registered in [F2 a] Member State, an EEA State or an Interbus State, and which is being used in Northern Ireland in accordance with—

(a) Interbus for the provision of liberalised occasional services or non-liberalised occasional services; or

(b) Regulation 1073/2009—

(i) for the provision of occasional services, regular services or special regular services; or

(ii) for authorised cabotage operations as provided for in Article 15 of that Regulation.

(2) In relation to a vehicle to which this regulation applies—

(a) the 1967 Act has effect as if section 4 (grant of road service licences) was omitted; and

(b) none of the provisions of the Public Service Vehicles Regulations (Northern Ireland) 1985(8) and the Public Service Vehicles (Conditions of Fitness, Equipment and Use) Regulations (Northern Ireland) 1995(9) shall have effect.

(3) In this regulation, “Interbus State” means a State, not being a Member State, which is a contracting party to Interbus.

Textual Amendments

F2 Word in reg. 4(1) substituted (31.12.2020) by The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 5(3); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I4 Reg. 4 in operation at 28.3.2019, see reg. 1

Fees N.I.

5.—(1) An applicant for a control document shall pay to the Department, when an application is made, a fee of £5.50 for a single waybill or £13.00 for a book of 25 waybills.

(2) An applicant for an authorisation shall pay to the Department, when an application is made, a fee of £140.00 in respect of the application.

(3) An applicant for an authorisation shall pay to the Department, before the authorisation is issued, in addition to the fee required by paragraph (2), a fee of £30.00 in respect of each year of validity of the authorisation.

(4) An applicant for a certified copy of an authorisation shall pay to the Department, when an application is made, a fee of £10.00 in respect of each copy requested.

Commencement Information

I5 Reg. 5 in operation at 28.3.2019, see reg. 1

Control documents for cabotage operations N.I.

F3 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 6 omitted (31.12.2020) by virtue of The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 5(4); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I6 Reg. 6 in operation at 28.3.2019, see reg. 1

Issue of a Community licence and authorisation N.I.

F4 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 7 omitted (31.12.2020) by virtue of The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 5(4); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I7 Reg. 7 in operation at 28.3.2019, see reg. 1

Withdrawal of a Community licence N.I.

F5 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Reg. 8 omitted (31.12.2020) by virtue of The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 5(4); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I8 Reg. 8 in operation at 28.3.2019, see reg. 1

Rights of appeal N.I.

F6 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Reg. 9 omitted (31.12.2020) by virtue of The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 5(4); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I9 Reg. 9 in operation at 28.3.2019, see reg. 1

Supply of information F7 ... N.I.

10.—(1) The Department may refuse to issue [F8 an] or authorisation to an applicant if the applicant fails to supply any information that the Department may reasonably request pursuant to [F9 Article] 7(3) of Regulation 1073/2009 for the purpose of verifying whether the applicant satisfies the conditions laid down in Article 3(1) of that Regulation.

(2) The holder of [F10 an] or authorisation shall supply such information as the Department may reasonably require from time to time to enable it to decide whether the holder is entitled to retain the F11 ... authorisation.

(3) A person who fails to supply any information required under paragraph (2) may have the F12 ... authorisation, and any certified true copies of it, withdrawn by the Department.

Textual Amendments

F7 Words in reg. 10 heading omitted (31.12.2020) by virtue of The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 5(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Word in reg. 10(1) substituted (31.12.2020) by The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 5(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in reg. 10(1) substituted (31.12.2020) by The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 5(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F10 Word in reg. 10(2) substituted (31.12.2020) by The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 5(5)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in reg. 10(2) omitted (31.12.2020) by virtue of The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 5(5)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in reg. 10(3) omitted (31.12.2020) by virtue of The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 5(5)(d); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I10 Reg. 10 in operation at 28.3.2019, see reg. 1

Power to stop N.I.

11.—(1) Paragraph (2) applies if it appears to an authorised officer that a vehicle is being used in circumstances such that—

(a) a Community licence,

(b) an authorisation, or

(c) a control document,

may be required.

(2) The authorised officer may direct the driver to stop the vehicle so that they can conduct checks as to whether an offence has been committed under these Regulations.

(3) In this regulation “authorised officer” means an officer appointed under Article 74 of the 1995 Order.

Commencement Information

I11 Reg. 11 in operation at 28.3.2019, see reg. 1

Death, bankruptcy etc. of holder of Community licence N.I.

F13 12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Reg. 12 omitted (31.12.2020) by virtue of The International Road Passenger Transport (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/973), regs. 1(2), 5(6); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I12 Reg. 12 in operation at 28.3.2019, see reg. 1

Amendment of the Transport Act (Northern Ireland) 1967 N.I.

13.—(1) The 1967 Act is amended in accordance with paragraphs (2) to (4).

(2) In section 34(a) (forgery of licences)(10), for “Article 6 of Council Regulation (EC) No. 12/98 of 11th December 1997” substitute “Article 12(4) or 17(3) of Regulation (EC) No 1073/2009”.

(3) In section 35(f) (false statements)(11), for “Article 6 of Council Regulation (EC) No. 12/98 of 11th December 1997” substitute “Article 12(4) or 17(3) of Regulation (EC) No 1073/2009”.

(4) In section 81(1) (interpretation)(12), after the definition of “the 2009 Regulation” insert—

“Regulation (EC) No 1073/2009” means Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006;”.

Commencement Information

I13 Reg. 13 in operation at 28.3.2019, see reg. 1

Amendment of the Road Traffic (Northern Ireland) Order 1981 N.I.

14.—(1) The Road Traffic (Northern Ireland) Order 1981(13) is amended in accordance with paragraphs (2) to (4).

(2) In Article 84(2) (power in certain cases to prohibit driving of foreign vehicles)(14), in sub-paragraph (b), after “statutory provisions” insert “or the provision of the EU instrument”.

(3) In Schedule 1 (statutory provisions conferring functions on authorised officers)(15), after the entry relating to Articles 86 and 87 of the 1995 Order, insert—

“Article 18 of the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) (OJ No. L321, 26.11.2002, p. 13).	To require the presentation of certain control documents and authorisations, which are required to be kept on board certain passenger vehicles.
Article 20 of the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement).	To require the presentation of a certified true copy of a licence to perform carriage by means of certain international occasional services, which is required to be kept on board certain passenger vehicles.”

(4) In Schedule 2 (statutory provisions relating to vehicles and their drivers)(16)—

(a) for the entry relating to regulation 3 of the Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2013(17) substitute—

“Article 4(3) of Regulation (EC) No 1073/2009 of the European Parliament and of the Council on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006.

Requirement to keep a certified true copy of a Community licence in a vehicle and present it at the request of any authorised inspecting officer.”;

(b) for the entry relating to regulation 8 of the Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2013 substitute—

“Article 17(1) of Regulation (EC) No 1073/2009 of the European Parliament and of the Council on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006.

Requirement to keep a journey form on board a vehicle and present it at the request of any authorised inspecting officer.”

Commencement Information

I14 Reg. 14 in operation at 28.3.2019, see reg. 1

Amendment of the Road Passenger Transport (Qualification of Operators) Regulations (Northern Ireland) 2014 N.I.

15.  In regulation 7(2)(b) (determination in respect of a transport manager: disqualification orders) of the Road Passenger Transport (Qualification of Operators) Regulations (Northern Ireland) 2014(18), for “Article 8.3” substitute “Article 8.8”.

Commencement Information

I15 Reg. 15 in operation at 28.3.2019, see reg. 1

Offences N.I.

16.—(1) Any person who breaches a provision of—

(a) Regulation 1073/2009 set out in Schedule 1; or

(b) Interbus set out in Schedule 2,

is guilty of an offence.

(2) It is an offence—

(a) intentionally to obstruct any person acting in the execution or enforcement of these Regulations;

(b) without reasonable cause, to fail to give to any such person any assistance or information which that person may reasonably require under these Regulations;

(c) to furnish to any such person information knowing it to be false or misleading; or

(d) to fail to produce a document or record to any such person when required to do so.

Commencement Information

I16 Reg. 16 in operation at 28.3.2019, see reg. 1

Bodies corporate N.I.

17.  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 his functions of management as if he were a director of the body corporate.

Commencement Information

I17 Reg. 17 in operation at 28.3.2019, see reg. 1

Penalties N.I.

18.—(1) A person guilty of an offence under Article 4(1) of Regulation 1073/2009 (requirement to possess a Community licence) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(2) A person guilty of any other offence under these Regulations is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Commencement Information

I18 Reg. 18 in operation at 28.3.2019, see reg. 1

Revocations N.I.

19.  The Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2013 are revoked.

Commencement Information

I19 Reg. 19 in operation at 28.3.2019, see reg. 1

Sealed with the Official Seal of the Department for Infrastructure on 4th March 2019

Tom Reid

A senior officer of the

Department for Infrastructure

Sealed with the Official Seal of the Department of Finance on 4th March 2019

Emer Morelli

A senior officer of the

Department of Finance