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

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Operators' licencesN.I.

This section has no associated Explanatory Notes

1—(1) Subject to subsection (2) and [F1sections 2A and 3] , a person shall not use a goods vehicle on a road for the carriage of goods—

(a)for hire or reward, or

(b)for or in connection with any trade or business carried on by that person,

except under a licence issued under this Act; and in this Act such a licence is referred to as an “operator's licence”.

(2) Subsection (1) does not apply to—

(a)the use of a small goods vehicle;

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the use of a goods vehicle for international carriage by a haulier established in Great Britain and not established in Northern Ireland; or

(d)the use of a vehicle of any class specified in regulations.

[F3(2A) A class of vehicles that may be specified in regulations under subsection (2)(d) includes goods vehicles used for international carriage by a haulier established in a member State.]

(3) For the purposes of subsection (2)(a) a goods vehicle is a small goods vehicle if—

(a)it does not form part of a vehicle combination and—

(i)it has a relevant plated weight not exceeding 3.5 tonnes, or

(ii)in the case of a vehicle which does not have a relevant plated weight, it has an unladen weight not exceeding 1525 kilograms; or

(b)it forms part of a vehicle combination and complies with such conditions as may be prescribed;

and “relevant plated weight” in paragraph (a) means a plated weight of the description specified in relation to that paragraph by regulations.

[F4(4) In subsection [F5(2)(c) and (2A)], “established”, “haulier” and “international carriage” have the same meaning as in Regulation (EC) No 1072/2009 on common rules for access to the international road haulage market.]

(5) For the purposes of this Act, the performance by a statutory body of its functions constitutes the carrying on of a business.

(6) A person who uses a vehicle in contravention of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7) In this section “statutory body” means a body established by a statutory provision.

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