The Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012

Made: 28th June 2012

Coming into operation: 1st July 2012

In accordance with section 57(11) of that Act the Department has consulted with such representative organisations as it sees fit.

PART 1 — GENERAL

Citation and commencement

1

These Regulations may be cited as the Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012 and shall come into operation on 1st July 2012.

Interpretation

2

• (1) In these Regulations—

• “the 2010 Act” means the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010;

• “application for a licence” means an application for an operator’s licence for which publication is required by section 9(1);

• “application for the variation of a licence” means an application for the variation of an operator’s licence for which publication is required by section 16(4) and, “application” when used otherwise than as part of those expressions means—an application for a licence; oran application for the variation of a licence;

• “Applications and Decisions” means a statement published by the Department under regulation 19;

• “company” shall be construed as provided in section 1 of the Companies Act 2006[^f00002];

• “disc” means a disc issued in accordance with regulation 21(1) and (2) or 25(2);

• “firm” has the same meaning as in section 4 of the Partnership Act 1890[^f00003];

• “heavy goods vehicle” has the meaning given in section 58(1);

• “keeper”, in relation to a goods vehicle, is the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994[^f00004];

• “interim licence” means a licence issued under section 21(3);

• “interim direction” means a direction given by the Department pursuant to section 22;

• “licence” means an operator’s licence as defined in section 1(1) and, where the context so requires, includes the documentation which evidences the grant of an application;

• “licence-holder”, and “holder” in relation to a licence, means the person to whom the licence was issued;

• “maintenance” in relation to a goods vehicle includes inspection, repair and fuelling;

• “the Qualification of Operators Regulations” means the Goods Vehicles (Qualification of Operators) Regulations (Northern Ireland) 2012[^f00005].

• “transport manager” has the meaning given in section 12A(5);

• (2) In these Regulations unless the context otherwise requires, any reference to a numbered section is a reference to the section of the 2010 Act bearing that number.

PART 2 — APPLICATIONS FOR OPERATORS’ LICENCES

Manner of making applications

3

• (1) Every application shall—

• (a) be made on a form supplied by the Department and contain the information required by that form;

• (b) be signed—

• (i) if made by an individual, by that person;

• (ii) if made by a firm, by all of the partners of that firm or by one of them with the authority of the others; and

• (iii) if made by any other body or group of persons, by one or more individual persons authorised for that purpose by the body or group;

• (c) if made for the issue of a licence, state whether it relates to a standard licence or to a restricted licence and, if it relates to a standard licence, state whether the licence is to cover—

• (i) both national and international transport operations; or

• (ii) national transport operations only.

• (2) A person applying for an operator’s licence shall give to the Department a statement—

• (a) containing details of the motor vehicles required to be used under the licence and stating the number, type and registration mark of any vehicles and trailers proposed to be used under the licence; and

• (b) In the case of a heavy goods vehicle licence, containing the name and address of the operating centre of the applicant if the licence is issued.

• (3) A person applying for an operator’s licence shall, if required by the Department to do so, give any of the information specified in paragraph 1 of Schedule 1.

• (4) For the purposes of section 8(1) a prescribed event required to be notified to the Department is the occurrence and particulars of a notifiable conviction within the meaning given in paragraph 4 of Schedule 1.

• (5) Without prejudice to paragraph (3), a person applying for an operator’s licence shall also, if required by the Department to do so, give such particulars as may be required with respect to the use which the applicant proposes to make, for vehicles used under the licence, of any referred to in the statement under paragraph (2)(a).

Time of applications

4

Every application shall be sent to the Department so as to reach it not less than 9 weeks before the time at which the applicant desires the licence or variation applied for to take effect.

Dispensations as to applications

5

The Department may consider an application notwithstanding that the requirement specified in regulation 4 has not been complied with.

Notice of applications

6

• (1) The manner in which a notice of any application for a licence as mentioned in section 9 or for a variation as mentioned in section 16 is published by the Department is that a summary of the application which adequately specifies the subject matter of the application shall be published in Applications and Decisions as mentioned in regulation 19.

• (2) The notice of an application to be published in accordance with section 10 or 17 shall give the information specified in Schedule 2.

Restrictions on applications

7

• (1) The Department may decline to proceed with an application for a licence if it appears to it that the grant of that application would lead to a contravention of section 7(2).

• (2) The Department may decline to proceed with an application if and so long as it appears to it that the application relates to any motor vehicle which is specified in an existing licence, and the grant of that application would lead to a contravention of section 4(7).

Inspection of applications

8

• (1) The Department shall, until an application has been determined, make available for inspection—

• (a) to any person authorised to make the inspection by a District Council, a Northern Ireland Department, the Chief Constable or a trade union or association specified in regulation 9, such part of the application (or the whole of it) as any such person in writing requests to see; and

• (b) to any person who is, by virtue of section 11(4) or 18(2)(b) entitled to make representations in respect of the application, or a person authorised by such a person to make the inspection on their behalf, such part of the application as is, in the opinion of the Department, relevant to the representation.

• (2) The Department shall, during the currency of a licence, make a copy of it available for inspection by any person who appears to the Department to have reasonable grounds for making such an inspection.

• (3) The Department shall satisfy its obligation under paragraph (1)—

• (a) by making the application or, as the case may be, part of it, available for inspection at an office specified by the Department; or

• (b) on prior receipt of its expenses in that behalf, by posting a copy of the application or, as the case may be, part of it, to the address given for that purpose by the person wanting to make the inspection.

• (4) The Department shall satisfy its obligation under paragraph (2)—

• (a) by making a copy of the licence or, as the case may require, part of it, available for inspection at an office specified by the Department; or

• (b) on prior receipt of its expenses in that behalf, by posting a copy of the licence or, as the case may require, part of it, to the address given for that purpose by the person requesting to make the inspection.

PART 3 — OBJECTIONS AND REPRESENTATIONS

Prescribed trade unions and associations

9

• (1) The trade unions and associations specified in paragraph (2), being trade unions or associations whose members consist of or include persons holding licences or employees of any such persons, are prescribed as persons who may object as provided in section 11(2)(a), either as applied by section 18(2) or not.

• (2) The trade unions and associations are—

• (a) The British Association of Removers;

• (b) The Freight Transport Association;

• (c) The General and Municipal Workers’ Union;

• (d) The National Union of Rail, Maritime and Transport Workers;

• (e) The Road Haulage Association;

• (f) The Transport and General Workers’ Union;

• (g) The Union of Shop, Distributive and Allied Workers; and

• (h) The United Road Transport Union.

Manner of making objections and representations

10

• (1) For the purposes of sections 11(6)(b) and (7)(b) and 18(10), the manner of making an objection to, or representation against, an application is by delivering a document to the Department—

• (a) setting out the objection or representation as the case may be; and

• (b) signed—

• (i) if made by an individual, by that person;

• (ii) if made by a firm, by all the partners of that firm or by one of them with the authority of the others; or

• (iii) if made by any other body or group of persons, by one or more individual persons authorised for that purpose by the body or group, or, in any of the above cases, by a solicitor acting on behalf of (as the case may be) the person, firm, body or group.

• (2) A copy of the document delivered under paragraph (1) shall be sent by the objector, or the person making the representation, to the applicant on the same day as, or the next working day after, the delivery to the Department.

Time of making objections and representations

11

• (1) The time within which an objection under section 11(1)(a) or (b) to an application for a licence must be made is the period commencing immediately after notice of the application is published under section 10(2) and ending 21 days after the date on which notice of the application is published in Applications and Decisions.

• (2) The time within which a representation under section 11(4) in respect of an application for a licence must be made is the period of 21 days beginning with and including the date on which notice of the application is published under section 10(2).

• (3) The time within which an objection under section 11(1)(a) as applied by section 16(6) or section 18(2) to or in respect of an application for a variation of a licence must be made is the period commencing immediately after notice of the application is published under section 17(3) (or, if none, the making of the application to which the objection relates) and ending 21 days after the date on which the notice of the application is published in Applications and Decisions.

• (4) The time within which a representation under section 18(2) in respect of an application for a variation of a licence must be made is the period of 21 days beginning with and including the date on which the notice of the application is published under section 17(3).

Consideration of objections and representations

12

The Department shall consider every objection and representation duly made in considering whether or not to hold an inquiry as provided in section 32.

PART 4 — OPERATING CENTRES

Conditions which may be attached to a licence

13

The conditions which may be attached under section 20 to a licence are conditions regulating—

• (a) the number, type and size of authorised heavy goods vehicles which may at any one time be at any operating centre of the licence-holder for the purposes of maintenance and parking;

• (b) the parking arrangements to be provided for authorised heavy goods vehicles at or in the vicinity of every such operating centre;

• (c) the times between which there may be carried out at every such operating centre any maintenance or movement of any authorised heavy goods vehicle and the times at which any equipment may be used for any such maintenance or movement; and

• (d) the means of ingress to and egress from every such operating centre for any authorised heavy goods vehicle .

Considerations relevant to determinations as to environmental matters

14

• (1) The considerations prescribed as relevant to any determination of a kind specified in section 31(2) are—

• (a) the nature and the use of any other land in the vicinity of the land used or proposed to be used as an operating centre, and any effect which the use of the land as an operating centre has, or would be likely to have, on the environment of that vicinity;

• (b) in a case where the land proposed to be used as an operating centre is, or has previously been used as an operating centre, the extent to which the grant of the application would result in any material change as regards that operating centre, or its use, which would adversely affect the environment of the vicinity of that land;

• (c) in the case of an application which, if granted, would result in land which has not previously been used as an operating centre being used as one, any information known to the Department about any planning permission or application for planning permission relating to the land or any other land in the vicinity of that land;

• (d) the number, type and size of heavy goods vehicles ;

• (e) the arrangements for the parking of heavy goods vehicles or the proposed or likely arrangements for such parking;

• (f) the nature and the times of the use of the land for the purpose of an operating centre or the proposed nature and times of the use of the land proposed to be used for that purpose;

• (g) the nature and the times of the use of any equipment installed on the land used as an operating centre for the purpose of the use of that land as an operating centre or of any equipment proposed or likely to be installed on the land proposed to be used as an operating centre for that purpose; and

• (h) the means and frequency of heavy goods vehicle ingress to, and egress from, the land used as an operating centre or the proposed means and frequency of such ingress to, and egress from, the land proposed to be used as an operating centre.

• (2) In this regulation—

• “operating centre” includes part of an operating centre and the place which would be the operating centre if the application were granted and has the same meaning as in section 6(3); and

• “planning permission” has the same meaning as in Part IV of the Planning (Northern Ireland) Order 1991[^f00006].

Conditions to be satisfied in relation to specified operating centres

15

The conditions under sections 13(5)(c), 18(9)(c) and paragraphs 1(7)(b) and 3(7)(b) of Schedule 1 to the 2010 Act are that either—

• (a) proceedings on any appeal (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired; or

• (b) any review under section 34 has been determined or the time for giving notice of intention to review under section 34(2) has expired and no such notice of review has been served,

and if any appeal or notice of intention is withdrawn or abandoned the date of such withdrawal or abandonment shall be taken to be the time of expiry.

Period for service of notice on review of an operating centre

16

The period prescribed for the purpose of section 27(1) is 2 months.

Manner of making representations in relation to a review

17

Without prejudice to section 28(5), the manner of making representations in relation to a review is by delivering a document to an office specified by the Department—

• (a) setting out the representations;

• (b) clearly identifying—

• (i) the person making the representations;

• (ii) the place specified in the operator’s licence to which the representations relate; and

• (iii) the land or property in the vicinity which is owned or occupied by the person making the representations; and

• (c) signed—

• (i) if made by an individual, by that person;

• (ii) if made by a firm, by all the partners of that firm or by one of them with the authority of the others;

• (iii) if made by any other body or group of persons, by one or more individual persons authorised for that purpose by the body or group; or

in any of the above cases, by a solicitor acting on behalf of (as the case may be) the person, firm, body or group.

PART 5 — INQUIRIES

Provisions about inquiries

18

Schedule 3 shall have effect in relation to any inquiry held by the Department.

PART 6 — APPLICATIONS AND DECISIONS

Statement to be issued by the Department

19

• (1) The Department shall publish as occasion may require a statement known as “Applications and Decisions” which shall contain (unless previously notified)—

• (a) as regards the applications—

• (i) notices of the applications;

• (ii) the dates on which and the places at which it proposes to hold inquiries and the applications which it proposes to consider at those inquiries; and

• (iii) the Department’s decisions on applications, other than its decisions to issue an interim licence under section 21, or to make an interim direction under section 22;

• (b) any direction to revoke, suspend or curtail a licence given under section 23 or 24;

• (c) the dates on which and the places at which it proposes to hold any inquiries other than those mentioned in sub-paragraph (a)(ii); and

• (d) any decision following a review under section 27.

• (2) The publication of the date of any inquiry in Applications and Decisions shall not prevent the Department from adjourning, cancelling or postponing the consideration of any application and in particular any inquiry held or proposed to be held in connection with the application.

• (3) Copies of Applications and Decisions may be inspected at an office specified by the Department and copies of the whole or the relevant parts thereof shall be supplied to any person requiring them on payment of such sum as the Department may require to cover the cost of supplying the copy.

Notification of decisions