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Transport Act (Northern Ireland) 1967

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46 F1Interpretation of “carriage for reward” for purposes of Parts II and III and this Part.N.I.

For the purpose of Parts II and III and this Part—

(a)the expression “reward” shall include consideration of any kind whether monetary or not[F2, but shall not include any payment in respect of a journey in a motor vehicle in circumstances where the conditions set out in Article 66A(2) of the Road Traffic (Northern Ireland) Order 1981 (car-sharing arrangements) are satisfied][F3 or any payment in respect of a journey in a motor vehicle exempted from licensing requirements by virtue of section 10A]

(b)where a motor vehicle is being used on a road to carry for reward any passengers or any goods the driver of the vehicle, if it belongs to him or is in his possession under an agreement for hire, hire-purchase, credit-sale or loan, and, in any other case, the person whose agent or servant the driver is, shall be deemed to be the person by whom the vehicle is being so used (in this section referred to as “the carrier” ):

Provided that where an agreement for the hire of a motor vehicle which is used to carry passengers or goods on a road is accompanied by a transfer to the person hiring the vehicle of the services of a driver thereof, the person by whom the vehicle has been let on hire shall be deemed to carry such passengers or goods for reward[F4 unless the person to whom the vehicle has been let on hire uses the vehicle to carry such passengers or goods for reward in the course of a business of carrying passengers or goods for reward];

(c)goods carried in a motor vehicle on any road pursuant to any contract or arrangement—

(i)under which the carrier, otherwise than in the ordinary course of his trade or business, agrees or arranges with any other person to purchase or obtain any goods in one place and to sell or deliver such goods subsequently to that person or as directed by him at another place for a price which exceeds the price paid or payable by the carrier for the goods by an amount wholly or partly determined by or based upon or capable of being attributed to the cost of carrying the goods;

(ii)under which the carrier, otherwise than in the ordinary course of his trade or business, purchases or agrees to purchase from any other person any goods which are or are to be carried to some place for the purpose of being sold there and the price paid or to be paid by the carrier to the vendor for the goods is less than the price received or to be received by the carrier on such sale by an amount wholly or partly determined by or based upon or capable of being attributed to the cost of carrying the goods; or

(iii)providing that any motor vehicle belonging to two or more persons as co-owners or as partners may be used by any one of them for the purpose of carrying his goods in return for a contribution made or to be made by him towards the expenses of operating the vehicle or to the partners or co-owners in return for his use of such vehicle;

shall be deemed to be carried for reward;

(d)goods not the property of the carrier shall until the contrary is proved be deemed to be carried for reward and where the carrier is a partnership firm or other association of persons goods owned otherwise than in the like shares in which the vehicle carrying it is owned shall be deemed not to be the property of the carrier;

F5[(e)“international road haulage permit” means a licence, permit, authorisation or other document issued in pursuance of a Community instrument relating to the carriage of goods by road between member States or an international agreement to which the United Kingdom is a party and which relates to the international carriage of goods by road.]

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F1mod. by SR 1987/187, 383

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