Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010

Changes over time for: Section 58

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General interpretationN.I.

This section has no associated Explanatory Notes

58—(1) In this Act—

“the 1995 Order” means the Road Traffic (Northern Ireland) Order 1995 (NI 18);

[F1“the 2009 Regulation” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC;]

“articulated combination” means a combination made up of—

(a)

a motor vehicle which is so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, and

(b)

a trailer attached to it as described in paragraph (a);

“authorised person” means—

(a)

an examiner appointed by the Department under Article 74 of the 1995 Order; or

(b)

any person authorised in writing by the Department for the purposes of this Act;

“carriage of goods” includes haulage of goods;

“contravention”, in relation to any condition or provision, includes a failure to comply with the condition or provision;

“the Department” means the Department [F2for Infrastructure] ;

“driver”—

(a)

where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle; and

(b)

in relation to a trailer, means the driver of the vehicle by which the trailer is drawn;

“goods” includes goods or burden of any description;

“goods vehicle” has the same meaning as in Article 2(2) of the 1995 Order;

[F3“heavy goods vehicle” means a goods vehicle, or a vehicle combination including a goods vehicle, that has a relevant plated weight exceeding 3.5 tonnes;

“heavy goods vehicle licence” means an operator’s licence that authorises the use of one or more heavy goods vehicles (whether or not it also authorises the use of one or more light goods vehicles);]

“holding company” and “subsidiary” have the meaning given by section 1159 of the Companies Act 2006 (c. 46);

“international road haulage permit” means

(a)

F4a licence, permit, authorisation or other document issued in pursuance of a Community instrument relating to the carriage of goods by road between member States or an international agreement to which the United Kingdom is a party and which relates to the international carriage of goods by road[F5, or

(b)

an international road transport permit, within the meaning given by section 1(2) of the Haulage Permits and Trailer Registration Act 2018];

[F6“international transport operations” means the carriage of goods—

(a)

from the United Kingdom to any other country or territory (or vice versa);

(b)

through the United Kingdom from and to any other country or territory;

(c)

within a country or territory other than the United Kingdom;]

[F7“light goods vehicle” means a goods vehicle, or a vehicle combination including a goods vehicle, that has a relevant plated weight not exceeding 3.5 tonnes;

“light goods vehicle licence” means an operator’s licence that authorises the use of only one or more light goods vehicles;]

“modification” includes addition, omission and alteration;

“motor vehicle” and “trailer” have the same meaning as in Article 3(1) of the 1995 Order;

[F8“national transport operations” means the carriage of goods within only the United Kingdom;]

“notice” means notice in writing;

“operating centre” has the meaning given in section 6(3);

“operator's licence” has the meaning given in section 1(1);

“owner”, in relation to any land in Northern Ireland, means a person, other than a mortgagee not in possession, who, whether in that person's own right or as trustee for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let;

“plated weight”, in relation to a vehicle, means a weight required to be marked on it by means of a plate in pursuance of regulations made by virtue of Article 55 of the 1995 Order;

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Department;

[F9“relevant plated weight” has the meaning given in section 1(3);]

“restricted licence” has the meaning given in section 2(3);

“road” has the same meaning as in Article 2(2) of the 1995 Order;

F10...

(a)

(b)

F11

“standard licence” has the meaning given in section 2(2);

“statutory provision” has the same meaning as in section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33);

[F12“transport manager” has the [F13meaning given in section 12A(5)] ;]

“Upper Tribunal” means the Upper Tribunal constituted under section 3 of the Tribunals, Courts and Enforcement Act 2007 (c. 15);

“vehicle combination” means a combination of goods vehicles made up of one or more motor vehicles and one or more trailers all of which are linked together when travelling.

(2) For the purposes of this Act, the driver of a vehicle, if it belongs to the driver or is in the driver's possession under an agreement for hire, hire-purchase or loan, and in any other case the person whose servant or agent the driver is, shall be deemed to be the person using the vehicle.

(3) In this Act references to vehicles being authorised to be used under an operator's licence are to be read in accordance with section 4.

(4) In its application to this Act, the Interpretation Act (Northern Ireland) 1954 (c. 33) has effect as if—

(a)in section 20 (offences by corporations), subsection (3) were omitted; and

(b)in section 24(1) (notice by post) the word “registering” were omitted.

Textual Amendments

F1Words in s. 58(1) substituted (1.7.2012) by The Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012 (S.R. 2012/257), regs. 1(1), 17(16)(a)

F2Words in s. 58(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 99(a)

F3Words in s. 58(1) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 99(b)

F4Words in s. 58 renumbered (19.7.2018) by Haulage Permits and Trailer Registration Act 2018 (c. 19), s. 27(1), Sch. para. 4(a)

F5Words in s. 58 inserted (19.7.2018) by Haulage Permits and Trailer Registration Act 2018 (c. 19), s. 27(1), Sch. para. 4(b)

F6Words in s. 58(1) substituted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 99(c)

F7Words in s. 58(1) inserted (17.3.2022) by The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022 (S.I. 2022/293), regs. 2(1), 99(d)