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Goods Vehicles (Community Authorisations) (Amendment of the Road Traffic (Northern Ireland) Order 1981) Regulations (Northern Ireland) 2003

Type Ni-Statutory-Rule

Publication 2003-12-08

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Made: 8th December 2003

Coming into operation: 1st January 2004

The Department of the Environment, being a Department designated[^f00001] for the purposes of section 2(2) of the European Communities Act 1972[^f00002] in relation to the international carriage of passengers and goods by road, in exercise of the powers conferred by that section, and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Goods Vehicles (Community Authorisations) (Amendment of the Road Traffic (Northern Ireland) Order 1981) Regulations (Northern Ireland) 2003 and shall come into operation on 1st January 2004.

Interpretation

2

The Interpretation Act (Northern Ireland) 1954[^f00003] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendment of the Road Traffic (Northern Ireland) Order 1981

3

(1) The Road Traffic (Northern Ireland) Order 1981[^f00004] shall be amended in accordance with paragraphs (2) to (4).

(2) At the end of paragraph (1) of Article 84 (power in certain cases to prohibit driving of foreign vehicles) there shall be inserted the following words –

or any functions of the authorised inspecting officer under a Community instrument specified in the first column of that Schedule.

(3) At the end of Schedule 1[^f00005] (statutory provisions conferring functions on authorised officers) there shall be added the following entry –

Article 5(4) of Council Regulation (EEC) No. 881/92 of 26th March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member state or passing across the territory of one or more Member states[^f00006].	To require the production of a certified copy of a Community authorisation which is required to be kept on board certain goods vehicles.

(4) At the end of Schedule 2[^f00007] (statutory provisions relating to vehicles and their drivers) there shall be added the following entry –

Regulations 3 and 7 of the Goods Vehicles (Community Authorisations) Regulations 1992[^f00008].	To impose a penalty for contravention of certain requirements relating to the use of goods vehicles.

Signed

Sealed with the Official Seal of the Department of the Environment on 8th December 2003.

Stanley Duncan — A senior officer of the — Department of the Environment

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend the Road Traffic (Northern Ireland) Order 1981 (the “Order of 1981”) in order to provide an express power to examiners to prohibit goods vehicles which do not conform with the requirements of the Goods Vehicles (Community Authorisations) Regulations 1992 (S.I. 1992/3077) (the “1992 Regulations”). The 1992 Regulations give effect in the United Kingdom to Council Regulation (EEC) No. 881/92 of 26th March 1992 (O.J. No. L95, 9.4.1992, p. 1) (the “EC Regulations”).

The EC Regulation established a Community-wide authorisation allowing goods vehicles access to the market in the carriage of goods by road between Member states.

Provision is made in regulation 3 for amendment of the Order of 1981, so that an authorised inspecting officer under the EC Regulation may prohibit the driving of a vehicle on the road, where it appears to him that there may have been a contravention of regulation 3 or 7 of the 1992 Regulations.

Copies of the above-noted Directives may be obtained from TSO, 16 Arthur Street, Belfast BT1 4GD.

Footnotes

[^f00001]: S.I. 1972/1811

[^f00002]: 1972 c. 68

[^f00003]: 1954 c. 33 (N.I.)

[^f00004]: S.I. 1981 No. 154 (N.I. 1)

[^f00005]: Schedule 1 was amended by S.R. 1987 No. 383, S.I. 1995 No. 2994 (N.I. 18) and S.R. 2002 No. 116

[^f00006]: O.J. No. L95, 9.4.92 p. 1

[^f00007]: Schedule 2 was amended by S.R. 1987 No. 383, S.I. 1995 No. 2994 (N.I. 18) and S.R. 2002 No. 116

[^f00008]: S.I. 1992/3077 to which there are amendments not relevant to these Regulations

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