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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