Search Legislation

Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations (Northern Ireland) 1992

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Meaning of operator

5.—(1) For the purposes of these Regulations, the operator of a road tanker or of any other vehicle carrying a tank container shall be—

(a)any person who holds a road freight vehicle licence under section 17 of the Transport Act (Northern Ireland) 1967(1) for the use of that vehicle on a road to carry goods for reward other than a person described in sub-section (1)(b) or (c) of that section; or

(b)where sub-paragraph (a) does not apply—

(i)(in the case of a vehicle which is not registered in the United Kingdom) the driver of the vehicle, or

(ii)(in the case of any other vehicle, but subject to paragraph (2)) the keeper of the vehicle; and, for this purpose, where the vehicle is on hire or lease to any person, that person shall be treated as its keeper.

(2) Where an employee who would otherwise be the operator of a vehicle in accordance with sub-paragraph (b)(ii) of paragraph (1) uses that vehicle for the carriage of any dangerous substance on behalf of his employer, that employer shall, notwithstanding that sub-paragraph, be regarded as the operator of the vehicle for the purposes of these Regulations.

(3) For the purposes of these Regulations, the operator of a tank container shall be either—

(a)the owner of the tank container, if that person—

(i)has a place of business in Northern Ireland, and

(ii)is identified as the owner of the tank container on the tank container itself or in a document carried in the vehicle on which the tank container is carried; or

(b)if no person satisfies the requirements set out in sub-paragraph (a), the agent of the owner of the tank container if that agent—

(i)has a place of business in Northern Ireland, and

(ii)is identified as the agent of that owner on the tank container itself or in a document carried in the vehicle on which the tank container is carried; or

(c)if no person falls within sub-paragraph (a) or (b), the operator of the vehicle on which the tank container is carried.

(4) For the purposes of paragraph (3), a person to whom a tank container is leased or hired shall be deemed to be the owner of that tank container unless the lessor or, as the case may be, the hirer has made an agreement in writing with the person to whom he has leased or hired the tank container to the effect that the lessor or hirer shall assume the responsibilities of the owner imposed by or under these Regulations.

(1)

1967 c. 37 (N.1.) to which there are amendments not relevant to these Regulations

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources