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The Dangerous Substances in Harbour Areas Regulations 1987

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Meaning of “operator”

4.—(1) “Operator” means in relation to a road vehicle–

(a)a person who holds, or is required by section 60 of the Transport Act 1968(1) to hold, a licence for the use of that vehicle for the carriage of goods on a road; or

(b)where no such licence is required, the keeper of the vehicle.

(2) “Operator” means in relation to any other mode of transport and in relation to a berth or a storage tank, the person who has for the time being day-to-day control of its running.

(3) “Operator” means in relation to a portable tank (other than the carrying tank of a road tanker) which is being conveyed by road, either–

(a)the owner of the tank or his agent, if that person–

(i)has a place of business in Great Britain; and

(ii)is identified as the owner of or, as the case may be, as the agent of the owner of the tank on the portable tank itself or on a document carried on the vehicle; or

(b)if no person satisfies the requirements set out in sub-paragraph (a) above, the operator of the vehicle on which the portable tank is carried.

(4) For the purpose of paragraph (3), a person to whom a portable tank is leased or hired shall be treated as the owner of that portable tank.

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