Transport Act (Northern Ireland) 1967

7 F1 Conditions of road service licences. N.I.

(1) The Ministry may, when granting any road service licence, attach conditions to that licence, including conditions for securing the safety and convenience of the public.

F2 [(1A) Without prejudice to the generality of subsection (1), the Department, when granting a road service licence to which section 5(2) applies—

(a) may attach to the licence a condition prohibiting the holder from using vehicles operated under the licence for providing a service for the carriage of passengers by road elsewhere than in the United Kingdom; and

(b) shall attach to the licence conditions for requiring the holder of the licence to inform the Department, in writing within 28 days, if during the currency of the licence—

(i) the holder of the licence or the person, if any, specified in the licence in pursuance of [F3 section 6A(6)] is convicted of any offence;

(ii) the holder of the licence becomes bankrupt [F4 or becomes subject to a bankruptcy restrictions order] or goes into liquidation[F5 or enters administration] or an order of seizure is made against his property or a receiver or manager is appointed in relation to his trade or business; or

(iii) the person, if any, specified in the licence in pursuance of section 6A(5) ceases for whatever reason to be [F6 continuously and effectively responsible] for the operation of the motor vehicles used under the licence.

(1B) Where a road service licence to which section 5(2) applies is granted by the Department to a person who satisfies the Department that he is an exempt person, paragraph ( b) of subsection (1A) shall not require the Department to attach to the licence the conditions specified in sub-paragraphs (i) and (ii) of that paragraph.]

(2) On the application or with the consent of the holder of a road service licence, the Ministry may at any time while the licence is in force amend (whether by addition, omission or variation) the conditions attached to the licence [F2 (other than a condition attached under subsection (1A)( b)], and upon such amendment the licence shall have effect subject to the conditions as so amended.

F2 [(2A) Where the holder of a road service licence to which is attached the condition referred to in subsection (1A)( a) applies for the omission of that condition, he shall include in his application such particulars as to his professional competence or that of the person, if any, specified in the licence in pursuance of section 6A(5), as the Department may require.]

(3) Where the holder of a road service licence, or any person acting with his knowledge or consent, fails to comply with a condition of that licence, the holder of the licence shall be guilty of an offence and be liable on summary conviction to a fine not exceeding[F7 level 3 on the standard scale].

F1 mod. by SR 1981/199; 1987/187,383

F2 SR 1977/327

F3 Words in s. 7 substituted (18.8.2014) by The Road Passenger Transport (Qualifications of Operators) Regulations (Northern Ireland) 2014 (S.R. 2014/206), regs. 1(1), 9(4)

F4 Words in s. 7(1A)(b)(ii) inserted (21.4.2015) by The Insolvency (Northern Ireland) Order 2005 (Consequential Amendments) Order (Northern Ireland) 2015 (S.R. 2015/159), art. 1, Sch. para. 4(2)

F5 Words in s. 7(1A)(b)(ii) inserted (27.3.2006) by Insolvency (Northern Ireland) Order 2005 (S.I. 2005/1455 (N.I. 10)), arts. 1(3), 3(3), Sch. 2 para. 7; S.R. 2006/21, art. 2 (subject to transitional provisions and savings in S.R. 2006/22, arts. 2 - 7)

F6 SR 1981/2

F7 1984 NI 3