The Public Service Vehicles (International Passenger Services) Regulations (Northern Ireland) 2019
Citation and commencement1.
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.
Interpretation2.
(1)
In these Regulations—
“Department” means the Department for Infrastructure;
“EEA State” means a State, not being a Member State, which is a party to the EEA Agreement;
(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)
Competent authority3.
F1... The competent authority for the purposes of Regulation 1073/2009, Interbus and of these Regulations is the Department.
Use of a public service vehicle not registered in the United Kingdom4.
(1)
This regulation applies to a vehicle not registered in the United Kingdom but which is registered in F2a 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
(3)
In this regulation, “Interbus State” means a State, not being a Member State, which is a contracting party to Interbus.
Fees5.
(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.
Control documents for cabotage operationsF36.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Issue of a Community licence and authorisationF47.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Withdrawal of a Community licenceF58.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rights of appealF69.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supply of information F7...10.
(1)
The Department may refuse to issue F8an or authorisation to an applicant if the applicant fails to supply any information that the Department may reasonably request pursuant to F9Article 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)
(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.
Power to stop11.
(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.
Death, bankruptcy etc. of holder of Community licenceF1312.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Transport Act (Northern Ireland) 196713.
(1)
The 1967 Act is amended in accordance with paragraphs (2) to (4).
(2)
(3)
(4)
“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;”.
Amendment of the Road Traffic (Northern Ireland) Order 198114.
(1)
(2)
(3)
“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)
(a)
“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)
“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.”
Amendment of the Road Passenger Transport (Qualification of Operators) Regulations (Northern Ireland) 201415.
Offences16.
(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.
Bodies corporate17.
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.
Penalties18.
(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.
Revocations19.
The Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2013 are revoked.
Sealed with the Official Seal of the Department for Infrastructure on 4th March 2019
Sealed with the Official Seal of the Department of Finance on 4th March 2019
SCHEDULE 1Offences for breach of Regulation 1073/2009
Provision of Regulation 1073/2009 | Subject Matter |
|---|---|
Article 4(1) and (3) | International carriage of passengers subject to possession of a Community licence |
Article 5(1) | Requirement for an authorisation for the provision of regular services |
Article 5(3) | Requirement of some occasional services providing parallel or temporary services to have an authorisation |
Article 5(5) | Requirement for own account transport operations to be subject to F14the possession of a certificate |
Article 6(6) | Authorisation to operate a regular service and the documents to be carried |
Article 11(1) | Requirement of an operator providing regular services to comply with the conditions of an authorisation |
Article 11(2) | Requirement of an operator providing regular services to provide information to passengers |
Article 12(1) | Control documents required for the operation of occasional services |
Article 12(2) | Requirement on the operator to complete a control document prior to each journey undertaken |
Article 12(3) | Requirement for information to be included in a control document |
Article 12(6) | Control documents required for the operation of special regular services |
Article 15(c) | Provision of authorised regular service cabotage operations |
Article 17(1) | Control documents required to be carried for the provision of occasional cabotage operations |
Article 17(2) | Requirement for information to be included in a control document |
Article 17(4) | Control documents required to be carried for the provision of special regular services cabotage |
Article 18 | Requirement to provide either individual or collective transport tickets when providing regular services |
Article 19 | Authorisation or control document required for inspection on the road |
SCHEDULE 2Offences for breach of Interbus
Provision of Interbus | Subject matter |
|---|---|
Article 5 | Requirement for vehicles used for international occasional services to comply with technical standards |
Article 7(1) | Authorisation for non-liberalised occasional services |
Article 10 | Control documents required for operating liberalised occasional services exempted from authorisation |
Article 12(3) | Correct completion of control documents |
Article 13 | Correct completion of control documents |
Article 18 | Authorisation or control document required for inspection on the road |
Article 20 | Requirement to possess a true copy of a licence to be carried for the purposes of international occasional services |
These Regulations revoke and replace the Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2013. They implement Regulation (EC) No 1073/2009 (“the EU Regulation”) of the European Parliament and of the Council on common rules for access to the international market for coach and bus services (OJ No L300, 14.11.2009, p. 88; “the EU Regulation”) and the Agreement on the international occasional carriage of passengers by coach and bus (OJ No L321, 26.11.2002, p. 13; “the Interbus Agreement”).
The EU Regulation and the Interbus Agreement establish rules allowing access to the market for the provision of international bus and coach services.
In particular the EU Regulation provides for a Community licence and makes provision in relation to regular services, special regular services, occasional services and cabotage, requiring an authorisation for the operation of regular services and the carrying of control documents. Relevant terms are defined in Article 2 of the EU Regulation.
The Interbus Agreement makes provision in relation to occasional services from States which are contracting parties to the Agreement, requiring an authorisation in relation to non-liberalised occasional services and the carrying of control documents in relation to liberalised occasional services. Relevant terms are defined in Article 3 of the Agreement.
Regulation 3 designates the Department for Infrastructure (“the Department”) as the competent authority for the purposes of the EU Regulation and the Interbus Agreement.
Regulation 4 disapplies certain domestic road transport requirements for public service vehicles not registered in the United Kingdom but providing services under the EU Regulation or the Interbus Agreement.
Regulation 5 makes provision for the payment of fees to the Department for the issue of control documents or an authorisation. Regulation 6 makes provision in relation to the retention of control documents. Regulation 7 confers entitlement to a Community licence on the basis of possessing the relevant Northern Ireland bus operator’s licence.
Regulations 8 to 10 make provision in relation to information to be supplied with applications for a Community licence, the withdrawal of Community licences and appeals against withdrawal.
Regulation 11 gives power to authorised officers (as defined in that regulation) to stop vehicles to check whether an offence under the Regulations has been committed. Offences are set out in regulation 16 and Schedules 1 and 2 and regulation 18 provides that they are punishable on summary conviction by a fine not exceeding level 3 under these Regulations or level 4 under Article 4(1) of Regulation 1073/2009 on the standard scale.
Provision is made for the automatic transfer of a Community licence and an authorisation following the death, bankruptcy or incapacity of the holder (regulation 12) and for offences which may be committed by a body corporate (regulation 17).
In addition provision is made for the amendment of other relevant legislation (regulations 13, 14 and 15).
An Explanatory Memorandum has been produced and is available from the Transport Strategy Division, Department for Infrastructure, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or online alongside these Regulations at http://www.legislation.gov.uk/nisr.