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Transport Act (Northern Ireland) 1967

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N.I.General provisions relating to operators' or vehicle licences

28Functions as to grant of operators' or vehicle licences.N.I.

The Ministry shall, in deciding whether to grant or refuse to grant an operator's licence or a vehicle licence, have regard to the interests of persons requiring facilities for the carriage of goods and those of persons providing such facilities, and in particular shall have regard to the following matters:—

(a)any previous conduct of the applicant as a person providing facilities for the carriage of goods for reward;

(b)the suspension or revocation of any operator's licence or vehicle licence held at any time by the applicant or where the applicant has or had a controlling interest in a body corporate to any refusal to grant a licence to, or revocation or suspension of a licence held by, that body corporate;

(c)where the applicant is an agent or nominee of any other person, any previous conduct of that person as a person providing facilities for the carriage of goods for reward;

(d)where the applicant is an agent or nominee of any other person, the suspension or revocation of any operator's licence or vehicle licence held at any time by that other person;

(e)where the applicant is a body corporate, the refusal to grant an operator's licence or a vehicle licence to, or the revocation or suspension of any such licence held at any time by—

(i)any other body corporate having at the time of the application any controlling interest in the body corporate applying for the licence or in which the body corporate applying for the licence has any controlling interest;

(ii)any director of, or any shareholder having a controlling interest in, the body corporate which is applying for the licence or in such other body corporate as is mentioned in sub-paragraph (i);

(f)the general effect which the grant of a licence would be expected to have on the holders of other operators' licences and on the facilities being provided in Northern Ireland for the carriage of goods by road for reward;

(g)the need for ensuring fair competition among persons providing facilities in Northern Ireland for the carriage of goods by road for reward.

F1[28ARefusal of operators' licences in certain cases.N.I.

(1)Subject to the following provisions of this section, the Department shall refuse to grant to an applicant an operator's licence unless, having regard, in addition to the matters specified in section 28, to the information given to it in pursuance of section 15(1)( f) to ( h), it is satisfied that the applicant is—

(a)of good repute,

(b)of appropriate financial standing, and

(c)professionally competent.

(2)In the case of an applicant being a body corporate the requirements of subsection (1)( a) and ( c) shall be satisfied by one of the persons in theF2. . . employment of the applicant who is to be [F3 continuously and effectively responsible] for the operation of the goods vehicles to be used under the licence and who is specified in the application.

(3)In the case of an applicant not being a body corporate, the requirements of subsection (1)( c) may also be regarded as satisfied where there is specified in the application a person in theF2. . . employment of the applicant who is to be [F3 continuously and effectively responsible] for the operation of the goods vehicles to be used under the licence and who, the Department is satisfied, is of good repute and professionally competent.

(4)The Department shall not be required by subsection (1) to refuse to grant an operator's licence on a ground mentioned in subsection (1)( a) or ( b) if the applicant satisfies the Department that he is an exempt person.

(5)There shall be specified in a licence granted by the Department in pursuance of an application to which either subsection (2) or (3) applies, the person who is to be [F3 continuously and effectively responsible] for the operation of the goods vehicles to be used under the licence and who is specified in the application.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F1SR 1977/327

F2SR 2003/217

F3SR 1981/2

29Suspension and revocation of operators' or vehicle licences.N.I.

(1)The Ministry may revoke or suspend a vehicle licence on any of the following grounds—

(a)that the Ministry of Home AffairsF4 has revoked or suspended the goods vehicle certificate granted under [F5 Article 54 of the Road Traffic (Northern Ireland) Order 1981 [1981 NI 1] ] in respect of the vehicle to which the licence relates;

(b)that the holder of the licence has been convicted of contravening or failing to comply with section 17(2);

(c)that the holder of the licence has been convicted of an offence under section 20;

(d)that the holder of the licence, or any servant or agent of his, has been convicted of an offence under section 34, 35 or 40;

F6[(dd)that the holder of the licence, or any servant or agent of his, has been convicted of an offence under section 2 of the International Road Haulage Permits Act 1975 [1975 c.46] ;]

(e)that the holder of the licence, or any servant or agent of his, has, in relation to the vehicle in respect of which the licence is granted, been convicted of contravening any statutory provision relating to—

(i)the maintenance of vehicles in a fit and serviceable condition;

(ii)the regulation, taxation or certification of vehicles;

(iii)limits of speed and weight, laden and unladen, and the loading of vehicles;

(iv)the time for which drivers of goods vehicles may remain continuously on duty and the hours which they are to have for rest;

(v)the keeping of records as to hours of work;

Para. (f) rep. by 1990 NI 7

(g)where the licence is held by a body corporate, that a person to whom the grant of an operator's licence or vehicle licence has been refused or whose operator's licence or vehicle licence has at any time been revoked or suspended has become a director of that body corporate or has acquired a controlling interest in that body corporate.

(2)Where within any period of thirty-six consecutive months the Ministry has revoked or suspended, on any of the grounds referred to in subsection (1)( b) to ( g), any vehicle licences held by a road freight operator, the total number of such revocations and suspensions being—

(a)not less than three; and

(b)not less than one-tenth (calculated to the nearest whole number) of the greatest number of vehicle licences held by that operator during the said period;

and the Ministry is satisfied that, having regard to the conduct of the operator, the operator's licence held by the operator should be revoked or suspended, the Ministry may revoke or suspend the operator's licence held by that operator, and may also revoke or suspend all the vehicle licences held by that operator.

F7[(2A)An operator's licence may be revoked or suspended by the Department on the ground that any condition subject to which the licence was granted has not been complied with.

(2B)Subject to subsections (2C) to (2F), where at any time during the currency of an operator's licence it appears to the Department that the holder of the licence is not—

(a)of good repute,

(b)of appropriate financial standing, or

(c)professionally competent,

the Department shall revoke the licence [F8 as from such time as the Department may determine].

(2C)In the case of the holder of a licence being a body corporate, subsection (2B) shall apply as if in relation to paragraphs ( a) and ( c), it referred to the person who is [F9 continuously and effectively responsible] for the operation of the goods vehicles used under the licence and who is specified in the licence in pursuance of section 28A(5).

(2D)In the case of the holder of a licence not being a body corporate where there is specified in the licence in pursuance of section 28A(5) a person who is [F9 continuously and effectively responsible] for the operation of the goods vehicles used under the licence subsection (2B) shall apply as if in relation to paragraph ( a) it referred to that person as well as the holder of the licence and as if in relation to paragraph ( c) it referred to that person.

(2E)In the event of the death or physical or mental incapacity of the holder of a licence or of a person specified in the licence in pursuance of section 28A(5) or in the event of the person so specified ceasing for some other reason to be[F10 in the full-time employment of] the holder of the licence, subsection (2B) shall not require the Department to revoke the licence during such period, not exceeding one year from the occurrence of the event in question, as the Department may determine, or during such further period, not exceeding 6 months, as the Department may, in exceptional circumstances, determine.

(2F)The Department shall not be required by subsection (2B) to revoke a licence on a ground mentioned in paragraph ( a) or ( b) of that subsection if the holder of the licence satisfies the Department that he is an exempt person.

(2G)Where the Department revokes or suspends an operator's licence under subsection (2A) or (2B), it may also revoke or suspend all the vehicle licences held by that operator.]

(3)Where the Ministry decides to revoke or suspend an operator's licence under [F11 this section], the Ministry shall serve a notice to that effect on that road freight operator, stating the reasons for the decision, and the revocation or suspension shall not take effect—

(a)until the expiration of the period of twenty-eight days from the service of the notice; or

(b)where the road freight operator appeals to the county court under subsection (4), until the appeal is finally determined or abandoned.

(4)A road freight operator aggrieved by the decision to revoke or suspend his road freight operator's licence under [F11 this section] may, within twenty-eight days from the service of the notice under subsection (3), appeal to the county court, giving notice of the appeal to the Ministry.

(5)On an appeal under subsection (4) the county court, if it is satisfied that the Ministry was not justified in deciding to revoke or suspend the licence under [F11 this section], shall declare that the revocation or suspension shall be of no effect, stating the reasons for its decision, and that decision shall be final.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

F4Now D/Env., SRO (NI) 1973/504

F7SR 1977/327

F8SR 1981/2

F9SR 1981/2

F11SR 1977/327

S.30 rep. by SLR 1976

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