Transport Act (Northern Ireland) 1967

N.I. Road freight vehicle licences

17 Grant of vehicle licences. N.I.

(1) The Ministry may, subject to and in accordance with the provisions of this Part and Part IV, grant road freight vehicle licences (in this Act referred to as “vehicle licences” ) for the use of motor vehicles to carry goods by road for reward to—

(a) persons who hold operator licences, in respect of motor vehicles to be used while they are acting as road freight operators;

(b) farmers within the meaning of section 25(1), in respect of motor vehicles kept by them primarily for the purpose of the agricultural operations in which they are engaged and to be used to carry goods for reward only in the manner referred to in section 25(2); or

(c) milk hauliers within the meaning of section 25(1), in respect of motor vehicles to be used only while they are acting as milk hauliers.

(2) Subject to regulations made under section 45, no person shall use a motor vehicle on a road to carry goods for reward except under and in accordance with the terms of a licence granted under subsection (1) in respect of that vehicle and in force at the time of carrying such goods.

(3) Any person who acts in contravention of subsection (2) shall be guilty of an offence and be liable on summary conviction to a fine not exceeding[F1 level 5 on the standard scale].

F1 1984 NI 3

18 Disqualifications for offences under s.17. N.I.

(1) Without prejudice to any other penalty, any court before which a person is convicted of contravening the provisions of section 17 may order him to be disqualified for holding a goods vehicle certificate under [F2 Article 54 of the Road Traffic (Northern Ireland) Order 1981 [1981 NI 1] ] in respect of the vehicle used in the commission of the offence, for a period not exceeding—

(a) one month, where the conviction is for a first offence;

(b) two months, where the conviction is for a second offence;

(c) six months, where the conviction is for a third or subsequent offence;

and where the court makes such an order the person disqualified shall forthwith, or within such period as the court may fix, deliver the goods vehicle certificate, if any, held by him to the clerk of the court and, subject to subsection (2) the clerk shall forward that certificate to the Ministry of Home AffairsF3 , to be kept by that Ministry until that order ceases to be in force.

(2) Where a person who is disqualified for holding a goods vehicle certificate by virtue of an order made under subsection (1) appeals against the order or the conviction in relation to which the order was made, the operation of the disqualification shall be suspended pending the appeal and—

(a) if the certificate has been delivered to the clerk of the court, the clerk shall return the certificate to the person disqualified; or

(b) the person disqualified shall not be required by the preceding subsection to deliver the certificate to the clerk of the court.

(3) Where, as a result of an appeal of the kind referred to in subsection (2), the operation of an order for disqualification made under subsection (1) ceases to be suspended, the person disqualified shall forthwith, or within such period as the court which heard the appeal may fix, deliver the goods vehicle certificate granted to him to the proper officer of that court, and that officer shall forward the certificate to the Ministry of Home AffairsF3 , to be kept by that Ministry until the order ceases to be in force.

(4) When an order made under subsection (1) ceases to be in force, the Ministry of Home AffairsF3 shall return the relevant goods vehicle certificate to the person to whom it was granted.

(5) A person who fails to deliver a goods vehicle certificate to the clerk or proper officer of a court as required by this section shall be guilty of an offence and shall be liable on summary conviction to a fine of[F4 level 1 on the standard scale] for every day during the period commencing on the day on which the certificate should have been so delivered and ending on the day on which it is so delivered.

(6) While an order made under subsection (1) is in force the person disqualified for holding the relevant goods vehicle certificate shall also be disqualified for—

(a) obtaining another goods vehicle certificate in respect of the vehicle used in the commission of the offence;

(b) holding or obtaining any more goods vehicle certificates than one less than the number of such certificates held by him immediately before the commission of the offence of which he was convicted and in relation to which the order was made (excluding from that number any goods vehicle certificate in respect of which any other order for disqualification made under subsection (1) is in force at the time of the making of the first-mentioned order).

(7) The power of the Ministry of Home AffairsF3 to make regulations under [F2 Article 218 of the Road Traffic (Northern Ireland) Order 1981 [1981 NI 1] ] shall include power to make provision for—

(a) the notification to that Ministry of the making of an order under subsection (1) of this section, of any appeal against such an order, and the result of any such appeal;

(b) the forwarding by the clerk or proper officer of a court, to that Ministry of a goods vehicle certificate which has been delivered to that clerk or officer pursuant to this section;

(c) suspending the holding, or restricting the obtaining, of goods vehicle certificates pursuant to the last preceding subsection.

F2 1981 NI 1

F3 Now D/Env., SRO (NI) 1973/504

F4 1984 NI 3

19 Applications for vehicle licences. N.I.

(1) A person of the kind referred to in section 17(1) may apply to the Ministry, for a vehicle licence, giving such information as may reasonably be required to enable the Ministry to discharge its functions in relation to the application, including particulars of the vehicle proposed to be used under the licence which—

(a) belongs to the applicant; or

(b) is in his possession under an agreement for hire, hire-purchase, credit-sale or loan; or

(c) he intends to acquire, or to obtain possession of under an agreement of the kind referred to in paragraph ( b).

(2) An applicant for a vehicle licence shall not be required to distinguish, for the purposes of his application, between vehicles belonging to him and vehicles subject to an agreement of the kind referred to in subsection (1)( b).

20 Conditions of vehicle licences. N.I.

(1) The Ministry may, when granting any vehicle licence in respect of a vehicle, attach conditions to that licence, including in particular conditions relating to—

(a) the classes or descriptions of goods which may or may not be carried in that vehicle;

(b) the districts within which, or the places between which, that vehicle may be used to carry goods for reward;

(c) the persons or classes of persons for whom that vehicle may be used to carry goods for reward.

[F5 (d) the parking of vehicles]

(2) On the application of the holder of a vehicle 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, and upon such amendment the licence shall have effect subject to the conditions as so amended.

(3) The conditions of a vehicle licence[F5 other than conditions attached by virtue of subsection (1)(d),] shall not apply in relation to the use of the motor vehicle in respect of which the licence is granted for any purpose for which it might lawfully be used without the authority of the licence.

(4) Subject to subsection (3), where the holder of a vehicle licence, or any person acting with his consent, fails to comply with a condition of that licence, the holder of the licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding[F6 level 3 on the standard scale].

F5 1984 NI 15

F6 1984 NI 3

21 Effect of vehicle licences. N.I.

A vehicle licence shall not entitle the holder of the licence to use to carry goods for reward any vehicle other than the vehicle in respect of which the licence is granted.

22 Duration of vehicle licences. N.I.

(1) Subject to the provisions of this section and of section 29, a vehicle licence shall remain in force for a period of twelve months[F7 or such other period as may be specified].

Subs. (2) rep. by 1984 NI 15

(3) Subject to section 33, a vehicle licence shall be revoked when the motor vehicle in respect of which the licence was granted ceases—

(a) to belong to the holder of the licence, or

(b) to be in the possession of the holder of the licence under an agreement for hire, hire-purchase, credit-sale or loan.

F7 1984 NI 15

23 Fees for vehicle licences. N.I.

(1) Subject to the provisions of subsection (2) and of sections …F8 25, there shall be paid to the Ministry in respect of the grant of a vehicle licence[F9 a fee of[F10 £2.50] for each month or part of a month during the currency of the licence].

Paras. (a),(b) rep. by 1984 NI 15

(2) The amount of the fees payable under subsection (1) may be altered by regulations made by the Ministry with the approval of the Ministry of Finance.

(3) Regulations made under subsection (2) shall be subject to affirmative resolution.

F8 SLR 1976

F9 1984 NI 15

F10 SR 1985/33

S.24 rep. by SLR 1976

25 Special provisions as to farmers and milk hauliers. N.I.

(1) In this section—

• “farmer” means a person engaged to a substantial extent in carrying on or directing agricultural operations on any land;

• “milk haulier” means a person who uses a motor vehicle solely for the collection or delivery of liquid milk (including whole milk, cream, skim milk or buttermilk) not contained in sealed airtight containers.

(2) Where a motor vehicle kept by a farmer primarily for the purpose of the agricultural operations in which he is engaged is used by that farmer to carry goods for reward only—

(a) for other farmers who reside within three miles of the residence of the farmer who keeps that vehicle; and

(b) for the purposes of the business of agriculture in which those other farmers are engaged;

the fee payable in respect of the grant of a vehicle licence for that vehicle shall be[F11 £2.50] or such amount as may be prescribed with the approval of the Ministry of Finance by regulations made by the Ministry subject to affirmative resolution.

Subs. (3) rep. by 1990 NI 7

(4) Where a motor vehicle is used by a milk haulier only while he is acting as a milk haulier, the fee payable in respect of the grant of a vehicle licence for that vehicle shall be[F11 £2.50] or such amount as may be prescribed with the approval of the Ministry of Finance by regulations made by the Ministry subject to affirmative resolution.

F11 SR 1985/33

26 Licence, notice or mark to be affixed to and exhibited on certain vehicles. N.I.

(1) A vehicle licence or such other notice or distinguishing mark as may be prescribed shall, in the prescribed manner, be affixed to and exhibited on the motor vehicle in respect of which the vehicle licence is in force.

(2) If a motor vehicle in respect of which a vehicle licence is in force is used in contravention of subsection (1), the holder of the licence and the driver of the vehicle shall each be guilty of an offence under this section and shall be liable on summary conviction to a fine not exceeding[F12 level 1 on the standard scale].

F12 1984 NI 3

27 Surrender of vehicle licences. N.I.

(1) The holder of a vehicle licence may at any time surrender the licence to the Ministry.

(2) Where a licence is—

(a) surrendered to the Ministry under subsection (1); or

(b) revoked or suspended pursuant to section 29;

the holder thereof shall be entitled to be repaid by the Ministry by way of rebate of the fee paid in respect of the grant of the licence—

(i) for each complete month of the period of the currency of the licence which is unexpired at the time of surrender or revocation; or

(ii) for each complete month of the period during which the licence is suspended;

an amount equal to one-twelfth of the fee payable when such a licence is granted for a year.