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

Operators' licences

Operators' licences

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• (1) Subject to subsection (2) and sections 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;

• (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.

• (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—

• (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,

• (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 this Act means a plated weight of the description specified in relation to this Act by regulations.

• (4) In subsection (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.

“Standard” and “restricted” licences

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• (1) An operator's licence may be either a standard licence or a restricted licence.

• (2) A standard licence is an operator's licence under which a goods vehicle may be used 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 the holder of the licence.

• (3) A restricted licence is an operator's licence under which a goods vehicle may be used on a road for the carriage of goods for or in connection with any trade or business carried on by the holder of the licence, other than that of carrying goods for hire or reward.

• (4) Notwithstanding subsections (2) and (3), a company may use a goods vehicle on a road for the carriage of goods for hire or reward under a restricted licence instead of a standard licence if (but only if) the goods concerned are the property of a company which is—

• (a) a subsidiary of the first company,

• (b) a holding company for the first company, or

• (c) a subsidiary of a company which is a holding company both for that subsidiary and for the first company.

• (5) A standard licence may authorise a goods vehicle to be used for the carriage of goods by road—

• (a) on both national and international transport operations; or

• (b) on national transport operations only.

• (6) Except as provided in subsection (4) and subject to sections 2A and 3 , a person who uses a goods vehicle under a restricted licence for carrying goods for hire or reward is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (7) A person who uses a goods vehicle for carrying goods by road for hire or reward on international transport operations under a standard licence which covers the carriage of goods on national transport operations only is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Temporary exemptions

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• (1) The Department may, for the purpose of—

• (a) enabling an emergency to be dealt with, or

• (b) enabling some other special need to be met,

by notice grant to any person falling within subsection (2) a temporary exemption from any requirement to hold a standard licence which would otherwise be imposed by sections 1 and 2 in respect of any vehicle specified in the notice or any vehicle of a class so specified.

• (1A) Where the Department for Infrastructure considers it appropriate (for example because an exemption is to be granted to all persons falling within subsection (2)), an exemption under subsection (1) may be granted by publishing a notice in writing instead of by giving notice in writing to the persons to whom the exemption is granted.

• (2) A person falls within this subsection if the person is engaged exclusively in national transport operations which have only a minor impact on the transport market because of the nature of the goods carried or the short distances over which goods are carried.

• (3) A temporary exemption granted under subsection (1) permits the person to whom it is granted to use the specified vehicle or (as the case may be) any vehicle of the specified class for the carriage of goods by road for hire or reward for the purposes of transport operations such as are referred to in subsection (2) (and, accordingly, sections 1(1) and 2(6) shall not to that extent apply to that person's use of goods vehicles).

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Vehicles authorised to be used under a licence

Vehicles authorised to be used under operator’s licence

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• (1) Subject to the following provisions of this section, the vehicles authorised to be used under an operator's licence are—

• (a) any motor vehicle in the lawful possession of the licence-holder (whether that motor vehicle is specified in the licence or not); and

• (b) any trailer in the lawful possession of the licence-holder.

• (2) An operator's licence may provide—

• (a) that no motor vehicle, or no trailer, whose relevant weight exceeds a weight specified in the licence is authorised to be used under it;

• (b) that no trailers are authorised to be used under the licence; or

• (c) that no motor vehicle that is not specified in the licence is authorised to be used under it.

• (3) In subsection (2) “relevant weight”, in relation to a motor vehicle or trailer of any prescribed class, means a weight of the description specified in relation to motor vehicles or trailers of that class by regulations.

• (3A) An operator’s licence shall not authorise the use of any light goods vehicle unless the vehicle is registered under the Vehicle Excise and Registration Act 1994 (c. 22).

• (4) A heavy goods vehicle licence shall not authorise the use of any heavy goods vehicle unless—

• (a) the place which is for the time being its operating centre is in Northern Ireland; and

• (b) the vehicle is registered under the Vehicle Excise and Registration Act 1994 (c. 22).

• (5) A motor vehicle which is not specified in an operator's licence is not authorised to be used under that licence by virtue of subsection (1) after the prescribed period beginning with—

• (a) the day on which the vehicle was first in the lawful possession of the licence-holder, or

• (b) (if later) the day on which the licence came into force,

unless, during that period, the licence-holder has given to the Department a notice in such form and containing such information about the vehicle as the Department may require, and has paid to the Department a prescribed fee (if any).

• (6) Where notice of a vehicle has been duly given and the prescribed fee (if any) has been duly paid under subsection (5), the Department shall vary the licence by directing that the vehicle be specified in it.

• (7) A motor vehicle specified in an operator's licence shall not, while it remains so specified, be capable of being effectively specified in any other operator's licence.

• (8) Where it comes to the knowledge of the Department that a vehicle specified in a licence (“the first licence”)—

• (a) has ceased to be used under the licence (otherwise than because of a fluctuation in business or because it is undergoing repair or maintenance), or

• (b) is specified in another operator's licence,

the Department may vary the first licence by directing that the vehicle be removed from it.

Maximum numbers of vehicles

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• (1) An operator's licence—

• (a) shall specify a maximum number for motor vehicles, and

• (b) may specify a maximum number for motor vehicles whose relevant weight exceeds a weight specified in the licence.

• (2) An operator's licence that does not contain a provision such as is mentioned in section 4(2)(b)—

• (a) shall specify a maximum number for trailers, and

• (b) may specify a maximum number for trailers whose relevant weight exceeds a weight specified in the licence.

• (3) The number of motor vehicles which at any one time are being used under an operator's licence while not specified in that licence may not exceed the maximum number specified in the licence under subsection (1)(a) less however many motor vehicles are specified in the licence.

• (4) Where, under subsection (1)(b), an operator's licence specifies a maximum number for motor vehicles whose relevant weight exceeds a specified weight—

• (a) the number of such motor vehicles which at any one time are being used under the licence while not specified in it may not exceed that maximum number less however many motor vehicles whose relevant weight exceeds the specified weight are specified in the licence, and

• (b) the number of such motor vehicles that are specified in the licence and are being used under it at any one time may not exceed that maximum number.

• (5) The number of trailers being used under an operator's licence at any one time may not exceed the maximum number specified in the licence under subsection (2)(a).

• (6) Where, under subsection (2)(b), an operator's licence specifies a maximum number for trailers whose relevant weight exceeds a specified weight, the number of such trailers being used under the licence at any one time may not exceed that maximum number.

• (7) The definition of “relevant weight” in section 4(3) applies for the purposes of this section as it applies for the purposes of section 4(2).

• (8) If subsection (3), (4)(a) or (b), (5) or (6) is contravened, the licence-holder is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Operating centres

Operating centres to be specified in operators' licences

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• (1) A person may not use a place as an operating centre for heavy goods vehicles authorised to be used under a heavy goods vehicle licence issued to that person unless that place is specified as an operating centre of that person in that licence.

• (2) Any person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (3) In this Act “operating centre”, in relation to any heavy goods vehicle, means the base or centre at which the vehicle is normally kept, and references to an operating centre of the holder of a heavy goods vehicle licence are references to any place which is an operating centre for heavy goods vehicles used under that licence.

Applications for licences

Application for operators' licences

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• (1) An application for an operator's licence shall be made to the Department.

• (2) A person may not at any time hold more than one operator's licence.

• (3) An application for an operator's licence shall be made in such form, and include such declarations and information, as may be prescribed.

• (4) Without prejudice to subsection (3), regulations under that subsection shall require the applicant to provide prescribed particulars as to—

• (a) the motor vehicles proposed to be used under the licence;

• (b) any trailers proposed to be used under the licence;

• (c) in the case of an application for a heavy goods vehicle licence, each place which will be an operating centre of the applicant if the licence is issued.

• (5) The Department may require an applicant to furnish, in such form as the Department may require, such further information as the Department may consider necessary for dealing with the application.

• (6) If a person fails without reasonable excuse to furnish information when required to do so under subsection (5), the Department may decline to proceed further with the application and refuse to grant the licence.

Notification of events subsequent to the making of an application

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• (1) A person who has made an application for an operator's licence shall notify the Department if, in the interval between the making of the application and the date on which it is disposed of, there occurs any prescribed event affecting any information given to the Department under section 7.

• (2) A person who knowingly fails to comply with subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (3) For the purposes of this section an application shall be taken to be disposed of—

• (a) in a case where the Department is required by virtue of regulations under section 57(2)(a), to cause a statement containing its decision on the application to be issued, on the date on which that statement is issued, and

• (b) in any other case, on the date on which the applicant receives notice from the Department of its decision on the application.

Publication by Department of notice of application for licence

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• (1) The Department shall publish, in such form and in such manner as may be prescribed, notice of any application for an operator's licence made to it.

• (2) The notice shall state—

• (a) the time within which, and

• (b) the manner in which,

any objection to, or representations against, the grant of the application may be made under section 11 (that is to say the time and manner prescribed under subsection (6) or (as the case may be) (7) of that section).

Publication in locality affected of notice of application for licence

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• (1) Subject to subsection (3), the Department shall refuse the application for a heavy goods vehicle licence without considering the merits unless it is satisfied that subsection (2) has been complied with.

• (2) This subsection has been complied with in respect of a locality affected by an application for a heavy goods vehicle licence if, within the period beginning 21 days before the date on which the application is made and ending 21 days after that date, notice of the application in such form and containing such information as may be prescribed has been published in one or more local newspapers circulating in the locality.

• (3) The Department is not required by this section to refuse an application for a heavy goods vehicle licence if—

• (a) it is satisfied as mentioned in subsection (1), except only that the form or contents of the notice of application as published in any newspaper did not comply with the prescribed requirements, and

• (b) it is satisfied that no person's interests are likely to have been prejudiced by the failure to comply with those requirements.

• (4) For the purposes of this section a locality is affected by an application for a heavy goods vehicle licence if it contains any place that will be an operating centre of the licence-holder if the application is granted.

Objections to, and representations against, issue of operators' licences

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• (1) Any of the persons mentioned in subsection (2) may make an objection to the grant of an application for an operator's licence on the ground—

• (a) that any of the requirements of sections 12A to 12E are not satisfied in the case of the application; or

• (b) in the case of a heavy goods vehicle licence, that any place which will be an operating centre of the holder of the licence will be unsuitable on environmental grounds for use as such.

• (2) The persons who may make such an objection are—

• (a) a prescribed trade union or association;

• (b) the Chief Constable;

• (c) a district council; and

• (d) a Northern Ireland department.

• (3) The trade unions and associations which may be prescribed for the purposes of subsection (2)(a) are trade unions or associations whose membership consists of or includes—

• (a) persons holding operators' licences, or

• (b) employees of any such persons.

• (4) Where an application for a heavy goods vehicle licence is made, any person who is the owner or occupier of land in the vicinity of any place which will be an operating centre of the holder of the licence may make representations against the grant of the application on the ground that that place will be unsuitable on environmental grounds for use as such.

• (5) A person may not make representations under subsection (4) unless any adverse effects on environmental conditions arising from the use of the place in question as an operating centre of the holder of the licence would be capable of prejudicially affecting the use or enjoyment of the land mentioned in that subsection.