Road Traffic and Transport Act 2006

1. Obligation to provide specimen following arrest, etc.

1.— F1[…]

2. Road haulage and road passenger transport operators’ licences.

2.— (1) The Minister may grant, on application, to a person—

(a) an international road haulage operator’s licence that—

(i) entitles the holder to carry on a road haulage business for hire or reward within the State, and

(ii) qualifies the holder to carry on a road haulage business for hire or reward outside the State,

with such vehicles as may be specified on the licence,

(b) a national road haulage operator’s licence that entitles the holder to carry on a road haulage business for hire or reward within the State with such vehicles as may be specified on the licence,

(c) an international road passenger transport operator’s licence that—

(i) entitles the holder to carry on a road passenger transport business for hire or reward within the State, and

(ii) qualifies the holder to carry on a road passenger transport business for hire or reward outside the State,

with such vehicles as may be specified on the licence, or

(d) a national road passenger transport operator’s licence that entitles the holder to carry on a road passenger transport business for hire or reward within the State with such vehicles as may be specified on the licence,

in accordance with subsection(2) and any regulation made under subsection(6) or any requirement of an act of an institution of the European Communities in relation to road haulage or road passenger transport (including regulations made under section 3 of the Act of 1972 giving effect to such a requirement).

(2) An applicant for an operator’s licence shall satisfy the Minister that he or she F2[is of good repute, is established in the State, has appropriate financial standing] and has professional competence as a road transport operator in accordance with any requirement of an act of an institution of the European Communities in relation to road haulage or road passenger transport (including regulations made under section 3 of the Act of 1972 giving effect to such a requirement).

F3[(2A) If the Minister considers that a person who holds an operator’s licence no longer—

(a) satisfies the requirement that he or she is of good repute,

(b) is established in the State,

(c) has appropriate financial standing, or

(d) has professional competence as a road transport operator,

the Minister may withdraw or suspend the licence.

(2B) The Minister may attach terms or conditions to an operator’s licence to be complied with by the holder, which may include conditions relating to vehicle safety, maintenance and standards, duties and responsibilities of transport managers or other management or drivers, environmental standards, operational safety and standards, driving and working time, employment conditions and contracts, vehicle ownership (whether owned, hired or leased), vehicle registration, taxation, tachograph calibration or insurance, notification of changes to operator details, or compliance with any requirement under this Act, the Road Transport Act 2011, the Road Traffic Acts 1961 to 2011, or under an act of an institution of the European Union relating to road haulage or road passenger transport or legislation giving effect to such an act, including regulations made under theEuropean Communities Act 1972.]

(3) An operator’s licence comes into operation on the day, and is valid for the period, stated on it.

(4) Section 1(1) of the Act of 1999 is amended by substituting for the definitions of “international road freight carrier’s licence”, “international road passenger transport operator’s licence”, “the Minister”, “national road freight carrier’s licence”, and “national road passenger transport operator’s licence”, respectively, the following:

“ ‘international road haulage operator’s licence’ means an international road haulage operator’s licence granted under section 2 of the Road Traffic and Transport Act 2006;

international road passenger transport operator’s licence’ means an international road passenger transport operator’s licence granted under section 2 of the Road Traffic and Transport Act 2006;

‘Minister’ means Minister for Transport;

‘national road haulage operator’s licence’ means a national road haulage operator’s licence granted under section 2 of the Road Traffic and Transport Act 2006;

‘national road passenger transport operator’s licence’ means a national road passenger transport operator’s licence granted under section 2 of the Road Traffic and Transport Act 2006;”.

(5) Any operator’s licence granted or deemed to have been granted under section 3 of the Act of 1986 (notwithstanding the repeal of that section by section 23 of the Act of 1999) or under regulations made under section 3 of the Act of 1972 which is in force immediately before the passing of this Act continues in force for the period stated in the licence and continues to have effect as if granted under this section.

(6) The Minister may make regulations in respect of the application for an operator’s licence including any requirements regarding such applications made under an act of an institution of the European Communities in relation to road haulage or road passenger transport.

F3[(6A) An application for an operator’s licence shall be in such form as the Minister determines.

(6B) An application for an operator’s licence and a transport disc may be made in the same application.

(6C) The Minister may refuse to grant an operator’s licence until such time as an applicant has complied with any requirements of regulations regarding applications made undersubsection (6).]

(7) Section 13(1) of the Act of 1999 is amended by substituting for paragraph (b) the following:

“(b) any regulation made under section 3 of the European Communities Act 1972 giving effect to an act of an institution of the European Communities in relation to road haulage, road passenger transport or the issuing of transport discs,”.

(8) In the Act of 1986, the Act of 1999 or any other enactment or in any regulations made under section 3 of the Act of 1972 a reference to—

(a) an international road freight carrier’s licence is to be read as a reference to an international road haulage operator’s licence,

(b) a national road freight carrier’s licence is to be read as a reference to a national road haulage operator’s licence, and

(c) a road freight carrier’s licence is to be read as a reference to a road haulage operator’s licence.

(9) In this section—

“Act of 1972” means European Communities Act 1972;

“Act of 1986” means Road Transport Act 1986;

“Act of 1999” means Road Transport Act 1999;

“Minister” means Minister for Transport;

“operator’s licence” means, as the case may be, an international road haulage operator’s licence, an international road passenger transport operator’s licence, a national road haulage operator’s licence, or a national road passenger transport operator’s licence.

(10) The Road Transport Act 1933 and this section are to be read as one.

3. Short title.

3.— This Act may be cited as the Road Traffic and Transport Act 2006.