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Transport Act (Northern Ireland) 1967

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Changes over time for: Section 46B

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Version Superseded: 18/08/2014

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46BGood repute of road freight and road passenger transport operatorsN.I.

(1)For the purpose of determining whether a person is or is not of good repute regard shall be had in particular to the existence and number of any convictions (within the meaning of section 46A(2)) relating to the person or any partner, employee or agent of the person or, in the case of a company, any officer of the company during the period of 5 years ending with the date on which the matter falls to be determined.

(2)The Department shall determine that a person, or any partner, employee or agent of the person, or, in the case of a company, any officer of the company, is not of good repute if he has—

(a)more than one conviction of a serious offence; or

(b)been convicted of road transport offences.

(3)For the purposes of subsection (2)(a) a serious offence is—

(a)an offence under the law in force in any part of the United Kingdom for which a sentence of imprisonment for a term exceeding 3 months, a fine exceeding level 4 on the standard scale or a community service order for more than 60 hours was imposed; and

(b)any corresponding offence under the law of a country or territory outside the United Kingdom for which a corresponding punishment was imposed.

(4)For the purposes of subsection (2)(b) a road transport offence is—

(a)an offence under the law of any part of the United Kingdom relating to road transport including in particular—

(i)an offence relating to drivers' hours of work or rest periods, the weights, dimensions and taxation of commercial vehicles, road or vehicle safety or the protection of the environment, and

(ii)any other offence concerning professional liability; or

(b)any corresponding offence under the law of a country or territory outside the United Kingdom.

(5)For the purposes of subsection (2) spent convictions shall be disregarded.

(6)Subsection (2) is without prejudice to the power of the Department to determine that a person is not of good repute for reasons other than convictions of the kind there mentioned.

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