Public Service Vehicles (Amendment) Regulations (Northern Ireland) 2001

Made: 9th October 2001

Coming into operation: 1st December 2001

The Department of the Environment, in exercise of the powers conferred on it by Articles 61(1), 66(1), 80 and 218(1) of the Road Traffic (Northern Ireland) Order 1981[^f00001] and of every other power enabling it in that behalf, and with the approval of the Department of Finance and Personnel[^f00002] in relation to regulation 6 hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Public Service Vehicles (Amendment) Regulations (Northern Ireland) 2001.

• (2) These Regulations shall come into operation—

• (a) for the purposes of regulations 2, 3 and 5, on 1st February 2002; and

• (b) for all other purposes on 1st December 2001.

• (3) In these Regulations “the principal Regulations” means the Public Service Vehicles Regulations (Northern Ireland) 1985[^f00003].

Amendments of regulation 5 (application, fee and conditions for grant of vehicle licence)

2

In regulation 5(1) of the principal Regulations the words “on a form issued by the Department” shall be omitted.

Amendments to regulation 6 (inspection of vehicle and grant of licence)

3

In regulation 6 of the principal Regulations—

• (a) in paragraph (1) the words “in writing” shall be omitted.

• (b) for paragraph (2)(d) there shall be substituted—

(d) the particulars provided at the time of application are found to be substantially incorrect.

Amendment of regulation 7 (licence and disc)

4

In regulation 7 of the principal Regulations, for paragraph (3) there shall be substituted—

(3) The disc shall contain— (a) in the case of a disc for a bus— (i) the date on which the licence expires; (ii) the registration mark of the vehicle for which it has been issued; (iii) the seating capacity of the vehicle for which it has been issued; (iv) the standing capacity of the vehicle for which it has been issued; (v) the name of the licence holder; and (vi) the identifying symbol shown in Part I of Schedule 9. (b) in the case of a disc for a taxi licensed to stand or ply for hire on a road or public place or carry passengers for hire— (i) the date on which the licence expires; (ii) the registration mark of the vehicle for which it has been issued; (iii) the seating capacity of the vehicle for which it has been issued; and (iv) the identifying symbol shown in Part II of Schedule 9; (c) in the case of a disc for a taxi licensed to carry passengers for hire— (i) the date on which the licence expires; (ii) the registration mark of the vehicle for which it has been issued; (iii) the seating capacity of the vehicle for which it has been issued; and (iv) the identifying symbol shown in Part III of Schedule 9. (4) The disc shall be fitted to the vehicle in a conspicuous position on the inside surface of the nearside windscreen.

Amendment to regulation 9 (re-inspection of vehicle)

5

In paragraphs (1) and (4) of regulation 9 of the principal Regulations, the words “on a form issued by the Department” shall be omitted.

Amendments to regulation 10 (refund of fees)

6

In regulation 10 of the principal Regulations—

• (a) for sub-paragraph (1)(b) there shall be substituted—

(b) if the person for whom the appointment is made gives to the Department notice cancelling the appointment of not less than one clear day before the date of the appointment.

• (b) for paragraph (2) there shall be substituted—

(2) In sub-paragraph (1)(d) “exceptional circumstances” means an accident, fire, a failure in the supply of essential services or other unexpected happening (excluding a breakdown or mechanical defect in a vehicle or non-delivery of spare parts therefor). (3) For the purposes of calculating the period of any notice given under these Regulations, no period of time shall include any day that is a Saturday, Sunday, or public holiday. (4) For the purposes of this Regulation a “public holiday” shall not include Good Friday and shall include Easter Tuesday.

New Schedule 9 (identifying symbols for bus and taxi discs)

7

For Schedule 9 of the principal Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations.

SCHEDULE

Signed

Sealed with the Official Seal of the Department of the Environment on 4th October 2001.

Sam Foster — Minister of the Environment

The Department of Finance and Personnel hereby approves regulation 6.

Sealed with the Official Seal of the Department of Finance and Personnel on 9th October 2001.

Mark Durkan — Minister of Finance and Personnel

Explanatory note

(This note is not part of the Regulations.)

These Regulations further amend the Public Service Vehicles Regulations (Northern Ireland) 1985.

The following amendments take effect from the 1st day of December 2001—

• (a) Regulation 7 is amended so that the regulation now specifies the details which are required to be contained in discs issued with a Public Service Vehicle Licence (previously the form of the disc was prescribed in Schedule 9) (regulation 4);

• (b) Regulation 9(1) and (4) is amended to remove the requirement for application for re-inspection to be on a form prescribed by the Department (regulation 5);

• (c) Schedule 9 is replaced by a new schedule which specifies unique identifying symbols which discs must contain for public hire taxis and buses (regulation 7);

• (d) Regulation 10 which provides for refund of fees is amended to reduce the notice required to one clear day before the date of appointment (regulation 6).

• The following amendments take effect from the 1st day of February 2002— Regulation 5(1) is amended to enable an applicant to apply for a vehicle licence without completing a form issued by the Department (regulation 2); Regulation 6(1) is amended to remove the requirement that the Department shall notify the applicant of the time and date of an inspection in writing (regulation 3(a)); Regulation 6 is amended to remove the requirement for the Department to notify an applicant about inspection of a vehicle in writing and the reference in regulation 6(2)(d) to particulars shown in an application form (regulation 3(b)).

Footnotes

[^f00001]: S.I. 1981/154 (N.I. 1); see Article 2(2) for the definition of “Department” and “prescribed”

[^f00002]: Formerly the Department of Finance. see S.I. 1982/338 (N.I. 6), Article 3

[^f00003]: S.R. 1985 No. 123; relevant amending Regulations are S.R. 1990 No. 201, S.R. 1991 No. 445, S.R. 1993 No. 86, 1994 No. 225, S.R. 1995 No. 446, S.R. 1998 No. 76, S.R. 2000 No. 149 and S.R. 2000 No. 328