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

[F1Requirements for standard and restricted licencesN.I.

This section has no associated Explanatory Notes

12C.—(1) The requirements of this section are that it must be possible (taking into account the Department’s powers under section 14(3) to issue a licence in terms that differ from those applied for) to issue a licence in relation [F2to which—

(a)in the case of a light goods vehicle licence, subsections (2) to (4) will apply, or

(b)in the case of a heavy goods vehicle licence, subsections (2) to (6) will apply.]

(2) There must be satisfactory arrangements for securing that the following are complied with in the case of vehicles used under the licence—

(a)Article 56 of the Road Traffic (Northern Ireland) Order 1981 (drivers’ hours); and

(b)the applicable Community rules, within the meaning of Article 2 of that Order.

(3) There must be satisfactory arrangements for securing that vehicles used under the licence are not overloaded.

(4) There must be satisfactory facilities and arrangements for maintaining the vehicles used under the licence in a fit and serviceable condition.

(5) [F3A heavy goods vehicle licence] must specify at least one place in Northern Ireland as an operating centre of the licence-holder, and each place so specified must be available and suitable for use as an operating centre of the licence-holder (disregarding any respect in which it may be unsuitable on environmental grounds).

(6) The capacity of the place specified as an operating centre (if there is only one) or both or all of the places so specified taken together (if there is more than one) must be sufficient to provide an operating centre for all the [F4heavy goods] vehicles used under the licence.

(7) In considering whether the requirements of subsections (2) [F5to (4), or (2) to (6),] are satisfied, the Department may take into account any undertakings given by the applicant (or procured by the applicant to be given) for the purposes of the application, and may assume that those undertakings will be fulfilled.

(8) In considering whether subsection (5) will apply in relation to a [F6heavy goods vehicle] licence, the Department may take into account any conditions that could be attached to the licence under section 20(1)(a) (conditions of licences) and may assume that any conditions so attached will not be contravened.

(9) In considering whether subsection (5) or (6) will apply in relation to a [F7heavy goods vehicle] licence, the Department may take into account whether any proposed operating centre of the applicant would be used—

(a)as an operating centre of the holders of other [F8heavy goods vehicle] licences as well as an operating centre of the applicant; or

(b)by the applicant or by other persons for purposes other than keeping [F9heavy goods] vehicles used under the licence.]

Textual Amendments