Road Service Licensing (Community Licences) Regulations (Northern Ireland) 2002

Explanatory Note

(This note is not part of the Regulations.)

These Regulations give effect in Northern Ireland to Article 3a of Council Regulation (EEC) No. 684/92 of 16th March 1992 (“the Council Regulation”) on common rules for the international carriage of passengers by coach and bus, as amended by Council Regulation (EC) No. 11/98 of 11th December 1997. The Council Regulation establishes a Community-wide licence allowing carriers operating public service vehicles access to the market for the international carriage of passengers by road.

The Council Regulation, which has direct effect in Member States, prohibits the carriage of passengers in public service vehicles between Member States without a Community licence (Article 3a(1)). These Regulations enforce the prohibition by imposing a penalty for breach (regulation 2) and designating the Department of the Environment (“the Department”) as the competent authority for the purposes of the Council Regulation (regulation 3).

The Council Regulation lays down the conditions for the issue and use of such licences. Each Member State is to issue a Community licence to any carrier established in that State who is entitled to carry out international passenger transport operations. In Northern Ireland such entitlement is signified by the issue under section 4 of the Transport Act (Northern Ireland) 1967 of a road service licence covering both national and international transport operations. The Regulations accordingly confer entitlement to a Community licence on the basis of the Northern Ireland licence (regulation 4).

The form of the Community licence is prescribed in the Council Regulation (Article 3a(1)) and the Annex), as is the period of validity (Article 3a(4)) and the grounds for refusal or withdrawal of the licence (Article 3a(7) and condition 5 of the model licence set out in the Annex). The holder of a licence must keep the original, and a certified copy must be kept in each public service vehicle carrying out an international transport operation (Article 3a(2) and condition 6 of the model licence). The original licence or a certified true copy must be produced to an authorised inspecting officer on demand (Article 3a(3) and condition 7 of the model licence). Regulation 7 designates authorised officers for this purpose. Regulation 6 makes it an offence to fail to comply with any of the conditions governing the use of the licence.

The Regulations implement Article 3a(8) of the Council Regulation by conferring a right of appeal against refusal or withdrawal of the licence (regulation 5). They also require a holder to return the Community licence and all certified true copies if it is withdrawn, and to return certified true copies if they are withdrawn (regulation 8). Regulation 9 provides for the holder to supply information to the Department, and makes it an offence to fail to comply without reasonable excuse.

Provision is made for the automatic transfer of a Community licence in certain circumstances following the death, bankruptcy or incapacity of the holder (regulation 10).

Regulation 11 amends the Road Traffic (Northern Ireland) Order 1981, so that an authorised inspecting officer may—

(a) require the production of a certified copy of a Community licence, which must be kept on board certain passenger vehicles;

(b) restrict or prohibit the driving of a vehicle on the road without a Community licence or in contravention of any of the conditions governing the use of that licence.

Copies of the Council Regulations referred to in these Regulations can be obtained from The Stationery Office Bookshop, 16 Arthur Street, Belfast, BT1 4GD.