Prohibition of unlicensed provision of international services
43.—(1) Where a person is a railway undertaking to which these regulations apply, that person shall not provide a train service in Northern Ireland unless he is authorised to do so by a European licence which is appropriate for that train service, and any person who provides such services without such a licence shall be guilty of an offence.
(2) Any person who is guilty of an offence under this regulation shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.
(3) No proceedings shall be instituted in Northern Ireland in respect of an offence under this regulation except by or on behalf of the Office of Rail and Road.
(4) In this regulation the expression “European licence” includes a licence granted pursuant to any action taken by an EEA State for the purpose of implementing the 1995 Directive(1) or the 2012 Directive(2).
O.J. No. L143, 27.6.1995. p70-74.
O.J. No. L343, 14.12.2012, p.32, as correct by Corrigendum, O.J. L67, 12.3.15, p.32